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Non smettete mai di protestare; non smettete mai di dissentire, di porvi domande, di mettere in discussione l’autorità, i luoghi comuni, i dogmi. Non esiste la verità assoluta. Non smettete di pensare. Siate voci fuori dal coro. Un uomo che non dissente è un seme che non crescerà mai.

(Bertrand Russell)

09/11/15

Vicenda Marò - India. Nominato il Collegio Arbitrale







" la Corte permanente di Arbitrato (Cpa) dell’Aja che ospiterà il Tribunale che dovrà decidere sulla controversia tra Italia e India ha nominato gli arbitri del contenzioso: sono il coreano Jin-Hyun Paik, il giamaicano Patrick Robinson e il presidente del Tribunale, il russo Vladimir Golitsyn. Questi vanno ad aggiungersi all’arbitro italiano Francesco Francioni e a quello indiano P. Chandrasekhara Rao. "


Judge Patrick Lipton Robinson

Judge Patrick Lipton Robinson of Jamaica served as the Tribunal’s President between November 2008 and November 2011. He was first elected as a judge of the Tribunal by the UN General Assembly on 16 October 1998, and is currently presiding the Appeals Chamber in the Popović et al. case. Prior to his duties as President, Judge Robinson served in Trial Chamber III, where he presided over numerous cases, including those of Slobodan Milošević and Dragomir Milošević. He also presided the ICTY Appeals Chamber in the cases of Boškoski and Tarculovski, and of Haradinaj et al. In addition, he was assigned to sit on the Appeals Chamber in several cases, including the Appeals Chamber of the International Criminal Tribunal for Rwanda.
A graduate teacher of English from 1964 to 1966, Judge Robinson went on to begin a long and distinguished career in public service, working for the Jamaican government during three decades. From 1968 to 1971, he served as a Crown Counsel in the Office of the Director of the Public Prosecutions. Between 1972 and 1998, he served briefly as Legal Adviser to the Ministry of Foreign Affairs, and subsequently in the Attorney General’s Department as Crown Counsel, Senior Assistant Attorney-General, Director of the Division of International Law, and Deputy Solicitor-General.
Judge Robinson’s long-standing experience in UN affairs dates back to 1972, when he became Jamaica’s Representative to the Sixth (Legal) Committee of the United Nations General Assembly, a position that he held for 26 years. He played a leadership role on several items in the Committee, including the definition of aggression and the draft statute for an international criminal court. From 1981 to 1998, he led Jamaica’s delegations for the negotiation of treaties on several subjects, including extradition, mutual legal assistance, maritime delimitation and investment promotion and protection.
Judge Robinson has been a member of numerous international bodies. As a member of the Inter-American Commission on Human Rights from 1988 to 1995, and its Chairman in 1991, he contributed to the development of a corpus of human rights laws for the Inter-American System. As a member of the International Law Commission from 1991 to 1996, he served on the Working Group that elaborated the draft statute for an international criminal court. Judge Robinson also served as a member of the Haiti Truth and Justice Commission from 1995 to 1996, was a member of the International Bio-ethics Committee of UNESCO from 1996 to 2005, serving as its Vice-Chairman from 2002 to 2005, and represented Jamaica at the United Nations Commission on Transnational Corporations (UNCTAD), serving as its Chairman at its 12th Session in 1986. He represented Jamaica at all sessions of the Third United Nations Conference on the Law of the Sea and was accredited as an ambassador to that conference in 1982.
Judge Robinson is a Barrister of Law, Middle Temple, United Kingdom. He holds a B.A. in English, Latin, and Economics from University College of the West Indies (London), an LLB with honours from London University, and an LL.M. in International Law from King’s College, University of London, in the areas of the Law of the Sea, the Law of the Air, Treaties, and Armed Conflict. He also holds a Certificate of International Law from The Hague Academy of International Law.


Judge Jin-Hyun Paik 

ITLOS - Member of the Tribunal since 6 March 2009; re-elected as from 1 October 2014; Member of the Special Chamber formed to deal with the Dispute Concerning Delimitation of the Maritime Boundary between Ghana and Côte d'Ivoire in the Atlantic Ocean (Ghana/Côte d'Ivoire)
Born: Seoul, Republic of Korea, 1 February 1958.
Education: LL.B., Seoul National University (1980); LL.M., Columbia University School of Law (1983); Ph.D. (International Law), University of Cambridge (1989).
Professional Experience: Doctoral Scholarship Fellow (Bourse de Doctorat), Hague Academy of International Law (1985); Professor, Institute of Foreign Affairs and National Security, Ministry of Foreign Affairs, Republic of Korea (1990–1997); Legal Adviser to the Korean delegation to the negotiations for Mutual Legal Assistance Treaty/Extradition Treaty with Canada, United States, Brazil, Thailand, and Australia (1990–1993); Legal Adviser to the Korean delegation to the Preparatory Commission for the International Seabed Authority and International Tribunal for the Law of the Sea (8th-12th sessions) (1990–1994); Chairman, Research Committee, Sea Lanes of Communication Study Group, Republic of Korea (1990–2009); Chairman, Asian Group of the G-77, Preparatory Commission for the International Seabed Authority and International Tribunal for the Law of the Sea (1991–1992); Member, Korean delegation to United Nations Special Committee on Peacekeeping Operations (1992); Legal Adviser to the Korean delegation to the negotiations for Fishery Agreements with China, Japan, and for the Central Bering Sea (1992–1997); Legal Adviser to the Korean delegation to the United Nations Secretary-General’s informal consultations on the Law of the Sea (5th-8th sessions) (1993–1994); Member of the Korean delegation to the United Nations General Assembly (6th Committee; 48th-50th sessions) (1993–1995); Member, Maritime Cooperation Working Group, Council for Security Cooperation in the Asia-Pacific (1994–present); Member, Presidential Commission on Policy Planning, Republic of Korea (1994–1997); Legal Adviser to the Korean delegation to the Assembly of International Seabed Authority (1995); Professor of International Law, Graduate School of International Studies, Seoul National University (1997–present); Member, Advisory Committee to National Security Council, Republic of Korea (1999–2000); Visiting Fellow, RAND Corporation, USA (2000); Member, Advisory Committee to Ministry of Foreign Affairs and Trade, Republic of Korea (2000–2002); Associate Dean, Graduate School of International Studies, Seoul National University (2003, 2005–2007); Visiting Professor to Johns Hopkins University’s School of Advanced International Studies and Visiting Fellow to Stanford University’s Hoover Institution (2003–2004); Director, SNU-KIEP EU Center, Seoul National University (2006–2008); President, Haesung Institute for Ethics in International Affairs, Republic of Korea (2006–present); President, Korean Council on the United Nations System (2008–2011); Director, Institute of International Affairs, Seoul National University (2008–2010); Chairman, Sea Lanes of Communication (SLOCs) Study Group Korea (2010–present); Dean, Graduate School of International Studies, Seoul National University (2010–2012); Guest Scholar, Max Planck Institute for Comparative Public Law and International Law, Germany (2013).

Member: Attorney-at-law, New York Bar (1989–present); Editorial Committee, Korean Journal of International and Comparative Law (1991–2010); Managing Editor, Journal of International and Area Studies (formerly Asia Journal) (1997–2000); Editorial Board, International Studies Review (2001–present); Editor-in-chief, Journal of International and Area Studies (2008–2010); Executive Committee, Asian Society of International Law (2011–present); International Advisory Panel, Center for International Law, Singapore (2012–present); Executive Board, Korean Society of International Law; American Society of International Law; European Society of International Law.


President Vladimir Vladimirovich Golitsyn 

ITLOS - Member of the Tribunal since 1 October 2008; President of the Tribunal since 1 October 2014; President of the Seabed Disputes Chamber 2011-2014
Born: Moscow, Russian Federation, 27 February 1947.
Education: Red Diploma, International Affairs (with honours), Moscow State Institute of International Relations (1970); Candidate of Juridical Sciences, Moscow State Institute of International Relations (1975); Doctor of Juridical Sciences, Diplomatic Academy of the Ministry of Foreign Affairs (1988).
Professional Experience: Lecturer on international law, Law, Diplomatic and Economic Faculties, Moscow State Institute of Foreign Relations (1975–1981); Ministry of Foreign Affairs, former USSR: Legal Expert, Legal and Treaty Department (1975–1979), Member of the Inter-Agency Working Group of the Supreme Soviet responsible for the preparation of draft laws on territorial sea and fishery zone (1976–1980), Head, Division of Public International Law, Legal and Treaty Department (1979–1982), Member of the Inter-Agency Working Group of the Council of Ministers on the Arctic and Spitsbergen (1979–1982), leader or member of the USSR delegations at various conferences and meetings; United Nations, New York: Legal Officer, Office of the Legal Counsel (1982–1986), Acting Secretary of the Committee on Relations with the Host Country (1983), Secretary of the Committee on Applications for Review of the Administrative Tribunal Judgments (1985–1996), Senior Legal Officer, Office of the Legal Counsel (1986–1997), Secretary, Plenary of the Preparatory Commission for the International Seabed Authority and the International Tribunal for the Law of the Sea (1987–1994), Liaison officer at UNHQ for the International Court of Justice (1995–2004), Principal Legal Officer, Office of the Legal Counsel (1997–2003), Director, Division for Ocean Affairs and the Law of the Sea (2004–2007), representative of the United Nations at the 92nd and 97th sessions of the Council of IMO, at the 26th session of the Committee on Fisheries of FAO and at the Fourth Meeting of Regional Fisheries Organizations (Rome, March 2005); Chief Legal Counsel of the delegation of the Russian Federation in two prompt release cases before the International Tribunal for the Law of the Sea (2007); Professor (2007–2011) and Visiting Professor (2012) of International Law, Moscow State University of International Relations; lecturer, Rhodes Academy of Oceans Law and Policy (2009–present); lecturer, IFLOS Summer Academy (2009–present); Speaker: The Fifth Global Conference on Oceans, Coasts and Islands (Paris, May 2010), The Third Aspen Environment Forum (Aspen, USA, July 2010), The 74th Conference of the International Law Association (The Hague, August 2010), Law of the Sea Institute Conference “Institutions and Regions in Ocean Governance” (Hamburg, October 2010), International Conference in Memory of Professor Tunkin (Moscow, November 2010); International Conference on “Arctic Science, International Law and Climate Change” (Berlin, March 2011); 1st Conference on “The Use of the Oceans’ Energy Resources, Risk Management, and the Need for Regulation” (Hamburg, June 2011); International Symposium on “Safety, Security and Environmental Protection of Straits Used in International Navigation: Is International Law Meeting the Challenge?” (Istanbul, September 2011); UNITAR Training Course for young specialists from the Commonwealth of Independent States (Moscow, April 2012); Seventh Annual International Conference on “Securing the Oceans for the Next Generation” (Seoul, May 2012); Second EU-USA Conference Series on “Sustainable Oceans: Developing a new International Architecture for Maritime Policy” (New York, July 2012); Seminar on “International Cooperation in the Protection of Environment, Preservation and Rational Use of Biological Resources in the Arctic Ocean” (Moscow, September 2012); Round-Table Panel Discussion on “Current Issues Regarding the Delimitation of the Outer Continental Shelf” (Hamburg, September 2012); Presentation “The mandate and work of the Seabed Disputes Chamber”, 3rd International Symposium on Technical Aspects of the Extended Continental Shelf and the Area (Beijing, November 2012); Professor of International Law, Moscow State University (2012); Visiting Professor of International Law, Moscow State Institute of International Relations (MGIMO-University) (2012); Lectures on “Legal Regime of the Arctic and Antarctic – Environmental Aspects”, UNITAR Training Course for young specialists from the Commonwealth of Independent States (Moscow, April 2013); Presentation “How Effective is the United Nations Convention on the Law of the Sea? Gaps in Law and Gaps in Applying the Law”, EU-USA Conference Series on “Sustainable Oceans: Reconciling Economic Use and Protection of Environment” (Cascais, Portugal, June 2013); Presentation “Human Rights and Environmental Law”, Annual International Conference (Moscow, October 2013); Presentations “Role of the International Tribunal for the Law of the Sea in Settlement of International Disputes” and “Competence of the Seabed Disputes Chambers of the International Tribunal for the Law of the Sea and Its Role and Activities”, International Workshop on “Settlement of Disputes” (Doha, Qatar, April 2014); Presentations “Equitable Criteria in the Delimitation Methodology” and “Final and Binding Natures of the Outer Limits of the Continental Shelf, the Bay of Bengal Case”, Summer Academy on the Continental Shelf (Torshavn, the Faroe Islands, June 2014); Chair of the Panel on “Arctic Continental Shelf Petroleum”, 38th Annual Conference on the Law of the Sea, “Challenges of the Changing Arctic: Continental Shelf, Navigation and Fisheries” (Bergen, Norway, June 2014).

Member: Soviet Association of International Law (1975–1982); Soviet Association of Maritime Law (1975–1982); American Society of International Law (1991–2005); Canadian Council of International Law (1989–1991); Steering Committee of the Global Forum on Oceans (2004–present); Global Forum Working Group on Governance of Marine Areas beyond National Jurisdiction (2006–present); Russian Association of International Law (Russian branch of the International Law Association) (2007–present); Russian Association of International Maritime Law (2007–present, Vice-President 2009–present); Arctic Council of the World Economic Forum (2012); Global Ocean Commission (2013).

francioni

Francesco Francioni (nominato dall'Italia)

(Doctor of Laws, Florence, and LLM, Harvard) is Professor, emeritus, of international law at the European University Institute, Florence. He is a member (associate) of the Institut de droit international, a member of the Editorial Board of The International Spectator and the European Journal of International Law, and General editor of the Italian Yearbook of International Law. He has been visiting professor at the Columbia Law School, N.Y. (winter term 2013), Cornell Law School (1983-1986), Texas Law School (1987-2008) and Oxford University (1998-2003). He has been a member of the Italian delegation in numerous international negotiations and diplomatic conferences, and recently he has been appointed Judge ad hoc in the UN Tribunal of the Law of the Sea as well as Arbitrator in an interstate dispute between Italy and India. He has published extensively in the field of public international law. His recent publications include Access to Justice as a Human Rights (Oxford University Press, OUP 2009); The 1972 World Heritage Convention. A Commentary (OUP 2008); ‘Public and Private in the International Protection of Global Public Goods’, European J. Int. L. (2012); War by Contract (OUP 2011 with N. Ronzitti); ‘Diritto internazionale degli investimenti e tutela dei diritti umani: convergenza o conflitto? in La tutela dei diritti umani e il diritto iternazionale’, XVI Convegno Società Italiana di Diritto Internazionale (Napoli 2012); Enforcing International Cultural Heritage Law (OUP 2013 with J. Gordely); and The EU, the US and Global Environmental Governance (Ashgate 2014 with C. Bakker).


Judge P. Chandrasekhara Rao (nominato dall'India)

ITLOS - Member of the Tribunal since 1 October 1996; re-elected as from 1 October 1999 and 1 October 2008; President of the Tribunal 1999-2002; President of the Special Chamber formed to deal with the Case concerning the Conservation and Sustainable Exploitation of Swordfish Stocks in the South-Eastern Pacific Ocean 2000-2009
Born: India, 22 April 1936. 
Education: B.A., B.L., M.L., LL.D., University of Madras, India; LL.D. h.c., NALSAR University of Law, Hyderabad, India; Doctor of Letters h.c., Krishna University, India.
Professional Experience: Research Officer, Indian Society of International Law (1963–1967); Law Officer (1967–1971), Assistant Legal Adviser (1971–1976), Legal and Treaties Division, Ministry of External Affairs; Counsel for the Government of India in the case concerning the Appeal relating to the Jurisdiction of the International Civil Aviation Organization Council (India v. Pakistan) before the International Court of Justice (1972); Legal Adviser to the Permanent Mission of India to the UN, New York (1972–1976); Deputy Legislative Counsel, Additional Legal Adviser, Joint Secretary and Legal Adviser, Additional Secretary (1976–1988), Secretary (1988–1996), Union Ministry of Law; Sole Arbitrator in Government contracts (1979–1983); Secretary-General, International Center for Alternative Dispute Resolution, New Delhi (1995–1996); Visiting Professor: Osmania University, Hyderabad (1994–1995), Kakatiya University, Warangal (1994–1995), University of Madras (1995–1996). 
Member: Board of Editors, Indian Journal of International Law (1970–present); Indian Society of International Law (Vice-President 1994–2000); Indian delegation to: Legal Sub-Committee on the Peaceful Uses of Outer Space (1969–1973, 1975); International Legal Conference on Marine Pollution Damage, Brussels (1969); UNCTAD Working Group on International Shipping Legislation, Geneva (1969); UN Special Committee on Principles of International Law concerning Friendly Relations and Cooperation among States, Geneva (1970); UN Committee on the Peaceful Uses of the Seabed and the Ocean Floor beyond the Limits of National Jurisdiction (1971, 1973); Third UN Conference on the Law of the Sea (1973–1976); UN General Assembly (1972–1975); UNCITRAL (Head of delegation 1972, 1988–1994); Legal Committee of the ICAO (1973); Ad hoc Committee on International Terrorism (1973); Ad hoc Committee on the UN Charter (1975); Commonwealth Law Ministers Meetings held at Bridgetown (1980), Harare (1986), Christchurch (1990), Port Louis (1993), Kuala Lumpur (1996); Ministerial-level Meeting of GATT Contracting Parties, Punta del Este, Uruguay (1986); UN Conference on the Liability of Operators of Transport Terminals in International Trade, Vienna (Chairman of Drafting Committee 1990); Meeting of the International Seabed Authority, Kingston (1996), (Head of delegation); Meeting of States Parties to the UN Convention on the Law of the Sea, New York (1996), (Head of delegation); represented the International Tribunal for the Law of the Sea at the Fifty-fourth and Fifty-fifth Sessions of the United Nations General Assembly, the Twelfth, Thirteenth and Fourteenth Meetings of States Parties and the Asian-African Legal Consultative Organization (Abuja, July 2002; New Delhi, June–July 2008).




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