Überblick
Public International Law is increasingly becoming a significant feature in international commerce. Issues that traditionally arose in the context of State-to-State relations, are now raised in the context of international commercial and investment disputes. They may concern, for example, natural resource development, infrastructure programs or project financing.
Our practice includes both advisory and advocacy work on all aspects of Public International Law. We advise States, international organizations and multinational companies on issues such as:
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State responsibility
- Treaty law
- International investments
- Oil and gas (and other natural resources)
- State contracts
- Infrastructure disputes
- International boundary disputes
- Law of the sea
- International environmental law
- Sovereign privileges and immunities
- Human rights
- International organizations
- Defense industry contracts
- Sovereign debt restructuring
- International trade disputes
- Sanctions and trade embargoes
Erfahrung
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Arbitration and pre-arbitration matters under the Energy Charter Treaty and bilateral investment treaties (BITs) involving complex questions of international law, in particular treaty law (for example, the notion of “investment”, a State’s rights and obligations resulting from the provisional application of a treaty, the scope of a most-favored-nation clause, the scope of an umbrella clause and the temporal application of a treaty) and State responsibility (including the attribution of the acts of State entities or private parties to a State, and the causes of exoneration of State responsibility)
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Pre-arbitration matter in relation to the abolishment by a State of legislation providing for a stabilized legal and tax regime and the question of the balancing between that State’s commitments to provide a stabilized legal environment and its regulatory powers
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Advice on the status of State entities under International Law and State responsibility as regards such entities
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Advice on the legal consequences for investors of anti-arbitration trends in Latin American countries: this includes the denunciation of the 1965 ICSID Convention by Bolivia (and the possibility of Venezuela adopting a similar course of action) and the limitation of the disputes that can be submitted to arbitration under the ICSID Convention by Ecuador
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Advice to State entities and major oil and gas companies in relation to pipeline projects: this includes boundary and maritime law issues, the status of the pipeline in territorial waters and international waters, the routing of the pipeline, the authorization process, and environmental law regarding information duty and jurisdictional issues
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Advice on stabilization clauses in State contracts (particularly in the oil and gas industry)
Dispute concerning a State’s international environmental obligations in relation to the decommissioning of offshore installations
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Advice on the possibility of initiating an arbitration against an international organization and a number of its Member States under the relevant treaties
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Advice to OPEC (Organization of the Petroleum Exporting Countries) on Public International Law questions relating to a major antitrust US class action against OPEC
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Advice to the French Government on investment treaty issues
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Representation of the Republic of France in Freund et al. v. Republic of France, Caisse des Dépôts et Consignations and SNCF, a class action brought before the U.S. District Court for the Southern District of New York by victims or descendents of victims of deportation during World War II. The issue is the liability of the French State and of the two State-owned entities for alleged conduct relating to such deportation. The case raises complex international law issues, in particular State immunity from jurisdiction
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Acting as the main advisor to the Office of the Prosecutor of the International Criminal Tribunal for Rwanda, a tribunal constituted following the genocide that took place in 1994, when 800,000 Tutsis and moderate Hutus were slaughtered by Hutus
Advice to the Public International Law and Policy Group (PILPG), a nonprofit organization that acts as counsel to the Government of Southern Sudan, on succession to State property and debts in situations of secession
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Over 50 asylum cases, notably before the United Nations High Commissioner for Refugees (UNHCR)
Auszeichnungen
- Chambers Global - 2014
Highly in demand for its excellent PIL offering, encompassing both advisory and arbitration matters. BIT and Energy Charter Treaty cases are core strengths of the team, in addition to expertise in state succession, law of the sea, international boundaries and UN sanctions. Strengths: Breadth of services. ‘I like that the lawyers have expertise in both civil and common law, which can be very important in arbitration.’ Acted for the Republic of Lithuania on three arbitration proceedings against Gazprom, including two disputes under the Russia-Lithuania BIT. Interviewees describe Paris-based Emmanuel Gaillard as ‘impressive. He’s got extensive knowledge, is able to argue very persuasively and thinks quickly on his feet.’ He has in-depth experience in PIL, representing governments, state-owned entities and companies for over two decades. He is also regularly called upon as an arbitrator. Yas Banifatemi leads the firm's PIL practice and clients appreciate her understanding of this sector: "She works very hard and is great at reasoning." She is especially recognised for the work she handles for the Egyptian state. Significant clients: Arab Republic of Egypt, Republic of Croatia, Sonatrach, Bolivarian Republic of Venezuela, People’s Democratic Republic of Algeria.
- Chambers Global - 2013
This firm remains a strong contender in the PIL market and is predominantly involved in investment treaty arbitrations, representing both private entities and states. The 11-strong team specialises in various fields, including maritime boundaries, trade and sanctions. It handles a significant caseload consisting of international arbitrations under the Energy Charter Treaty and BITs. Notably, the firm represented the majority shareholders in the highly publicized YUKOS arbitration against the Russian Federation. It also represented the Republic of Lithuania in two arbitrations initiated by Gazprom. The team is routinely called upon by private companies to provide advisory support on international sanctions and state succession matters as well as pipeline projects. Paris-based Emmanuel Gaillard enjoys a strong reputation in the PIL space. Market sources say: "He’s a genius, and very highly respected - he is a very precise strategist.” Yas Banifatemi leads the firm's PIL group and brings to the table a very strong background in the field. Her expertise covers maritime boundary issues, oil and gas projects and international investments.
- Chambers Global - 2012
This firm has a strong reputation for investment arbitration and sources point to its increasing reputation for advisory and advocacy work. The team is regularly involved in cases relating to BITs, state responsibility and the law of the sea. Highlights include advising an oil company with respect to sanctions on Libya. Other work includes the team's representation of a sovereign state in relation to energy policy matters in the context of an arbitration. It also acts for more than 50 civil parties in proceedings before an international tribunal established to prosecute key members of the Khmer Rouge. Based in Paris, Emmanuel Gaillard has a premium reputation for international arbitration and investment protection work. Sources say that he is "one of the leading figures in the arbitration community." Practice leader Yas Banifatemi is well respected for her investment arbitration expertise and is commended for her ongoing work in major cases alongside Gaillard.