Surya P. Subedi | |
---|---|
![]() Subedi in 2010 | |
United Nations Special Rapporteur for Human Rights in Cambodia | |
In office 2009–2015 | |
Preceded by | Yash Ghai |
Succeeded by | Rhona Smith |
Personal details | |
Born | Nepal | January 23,1958
Education | Tribhuvan University (LLB,MA) University of Hull (LLM,LLD) University of Oxford (DPhil,DCL) |
Occupation | jurist,legal scholar,diplomat |
Positions | Professor,Leeds (2004- ) Barrister,London (2007-) Member,Institut de Droit International (2011-) |
State Honours | OBE by HM the Queen of the United Kingdom (2004) Suprabal Gorkhadaxinbahu by the King of Nepal (1998) Prasidhha Prabal Janasewa Shree by the President of Nepal (2022) |
Surya Prasad Subedi is a British-Nepalese jurist. He is Professor of International Law [1] at the University of Leeds,a member of the Institut de Droit International, [2] and a barrister [3] in London. He also is a visiting professor on the international human rights law programme of the University of Oxford. [4] He served as the United Nations special rapporteur for human rights in Cambodia for six years (2009-2015). [5] He also served for five years,starting in 2010,on an advisory group on human rights to the British Foreign Secretary. [1] [6] In 2021,he was appointed legal procedural advisor to the World Conservation Congress of the International Union for Conservation of Nature held in Marseille,France. [7] He has written a number of works on the theory and practice of international law and human rights and acted as a counsel in a number of cases before the international courts and tribunals,including the International Court of Justice. [8] [9] In 2022,he was appointed to the list of arbitrators under a post-Brexit free-trade treaty between the United Kingdom and the European Union - the Trade and Cooperation Agreement (TCA). [10]
Subedi was born in the village of Khudi in Nepal,in the foothills of the Himalayas,within the Annapurna mountain range. The medium of instruction in his primary school and lower secondary school was mostly Sanskrit,with some Nepali language instruction. His father,Pandit Hom Nath,was a teacher and his granduncle,Pandit Badri Nath,was the headmaster. [11]
He began his higher education at Tribhuvan University, [12] completing his LLB degree in 1981 and an MA in 1984. [13] [1]
In 1986,as a recipient of the British Council Scholarship (now known as the Chevening Scholarship), [14] he moved to the United Kingdom to study for an LLM (awarded with Distinction in 1988) at the University of Hull. He received the Josephine Onoh Memorial Prize [15] from the University of Hull as best LLM student of the year. [1] Afterwards,Subedi continued his studies at the University of Oxford for a doctorate in law,which he received in 1993. [13] His doctoral thesis won the Dasturzada Pavry Memorial Prize from the University of Oxford. [16]
Subedi began his career in law as a public prosecutor in the Office of the Attorney-General of Nepal and,after promotion,proceeded to work for the Royal Commission on Judicial Reform and as Under-Secretary in the International Law Office of the Ministry of Law and Justice. [13] He later served as advisor on international legal matters to King Birendra of Nepal and to the Ministry of Foreign Affairs. [1] For his work,King Birendra decorated Subedi with the Suprabal Gorkhadaxinbahu in 1998. [17]
Subedi began his academic career as a Lecturer in Law in 1993 at the University of Hull. After promotion,he became a Professor of Law in 1999 at Hull. He moved to the University of Leeds to become Professor of International Law. [18]
Subedi was a co-founder and the founding chairperson of the Britain-Nepal Academic Council in 2000,serving in that capacity for ten years. [19]
He was involved in the establishment of the Asian Society of International Law with its head office at the Faculty of Law of the National University of Singapore, [20] and was chairman of the board of editors of the flagship publication of the society –the Asian Journal of International Law –published by Cambridge University Press. [21] Prior to this,he was chief editor of the Asian Yearbook of International Law between 1999 and 2006 published by Martinus Nijhoff in The Hague. [22] In addition,he is editor of a series of monographs on 'human rights and international law' published by Routledge (London/New York). [23]
Subedi was elected to the Institut de Droit International in 2011 and made a Membre Titulaire [24] in 2015. [1] He was a member of the Executive Council of the International Law Association (ILA) between 2014 and 2017.
From 2015 to 2017,Subedi was a member of the Task Force on Investment Policy of the World Economic Forum in Davos and the International Centre for Trade and Sustainable Development [25] in Geneva. [12] As a result of the work of the Task Force,a report was published in 2016, [26] which was then developed in the World Trade Organization (WTO) and led to the conclusion of negotiations on the text of an Investment Facilitation for Development Agreement [27] in July 2023. [28]
In 2020,Subedi was appointed as a member of the Expert Group on India-Nepal boundary issues. [29] [30] In early 2022,Subedi provided an opinion to the Government of Nepal concerning the U.S. Government’s proposed Millennium Challenge Corporation’s Nepal Compact. [31] He also drafted an interpretive declaration which was used by the Government to ease the process of ratification.
In 2025,Subedi spoke before the Oxford Union,where he argued that the spread of liberal democracy to the Global South has resulted in the widespread advancement and protection of fundamental human rights,notwithstanding the shortcomings in their implementation and enforcement. [32]
He has taught and published in international human rights law,international investment law,WTO law,the law of the sea and international environmental law. His publications include: [33]
Subedi is a barrister practicing out of Three Stone Chambers [12] in London. He is a member of Middle Temple, [3] one of the Inns of Court in London. He has appeared before the Crown Court and the Court of Appeal in England. Subedi has been a member of the London Court of International Arbitration (LCIA) since 2014. [12] In April 2021,the flagship magazine of the Bar Council of England published a feature article on Subedi. [39]
Subedi has advised governments in different countries on international legal matters and acted as a counsel in several cases before international courts and tribunals,including the International Court of Justice and the International Centre for Settlement of Investment Disputes (ICSID). Cases in which Subedi acted as a counsel include:
In 2004,he was appointed by the WTO to the Roster of Panelists [44] of its Dispute Settlement System. In 2012,he was designated to serve on the Panels of Conciliators and of Arbitrators of ICSID. [45] [46] In 2024,he was nominated as a conciliator and arbitrator under the United Nations Convention on the Law of the Sea by Nepal. [47]
The United Nations Human Rights Council voted unanimously for Subedi to be the UN Special Rapporteur for human rights in Cambodia at the 10th Session of the Council in 2009. [5] On his appointment,Subedi said:"The main task would be to cast an impartial expert eye on the overall human rights situation in Cambodia and offer constructive advice to the Government to address the problems that exist with regard to the overall situation in the country". [48] When he commenced his human rights work in the county,the Cambodian Prime Minister Hun Sen,asked publicly Subedi to go back to his own country and sort out the political issues in the country rather than lecturing the Government of Cambodia on how to improve the situation of human rights. The Prime Minister had been irked by the reports of Subedi stating that the judiciary and electoral commission were not independent in the country. Subedi was on the verge of being declared a persona non-grata in Cambodia by the Government. [49] However,Subedi received support for his UN work from the international community,including the US President Barack Obama [50] and the European Parliament.
Subedi continued to argue that the Government of Cambodia should carry out political reforms in the country,stating that as long as Cambodia was a member of the UN it had an obligation to promote and protect human rights. [51] Eventually,Prime Minister Hun Sen was persuaded to come around to working with Subedi. [52] Subedi pointed out related violations of human rights. [53] During his six years of service for the UN,he produced a number of reports on judicial,parliamentary,electoral and land reform in Cambodia. [54] A number of his recommendations,including those relating to judicial and electoral reform,have been implemented by the Government of Cambodia. [55]
In Nepal,Subedi served time in prison during the struggle for democracy and human rights. He later assisted the Prime Minister of Nepal and other political leaders in resolving a 10-year Maoist conflict and in writing a new democratic constitution. [56] In March 2024,at a ceremony in Kathmandu,the Prime Minister of Nepal,Pushpa Kamal Dahal,acknowledged Subedi's contribution to the writing of the new Constitution of Nepal,as well as his assistance to the country on other international legal matters,including the Millennium Challenge Corporation's Nepal Compact. [57] [58]
Subedi was appointed a Queen's Counsel (QC) (Hon) in 2017 in recognition of his contribution to the development of international law and to the advancement of human rights. Appointments as Queen's (or King's) Counsel honoris causa are made by royal prerogative. Traditionally,honorary Silk [59] has been awarded to legal academics and to some lawyers in public service for achievements beyond their normal responsibilities. [60] Subedi was the first Nepali made Queen's Counsel. A press release of the British Government of January 2017 stated that Subedi had made "an exceptional contribution over a sustained period at the international level to develop international law and to advance human rights". [61]
Prior to this,he was given an OBE in 2004 for his services to international law. He was the first Nepali who was not a royal,politician or military person to be awarded an OBE. [62] [ better source needed ] Speaking at the OBE investiture on 19 October 2004 in London,the British Foreign Secretary stated that Subedi had "made a highly distinguished contribution to our understanding of international law,and to its evolution" and his work in international law had "spanned almost every aspect of it –with a special focus on issues ... which make a real difference to people's lives". [63]
Subedi was awarded the degree of Doctor of Civil Law (DCL) by the University of Oxford in 2019. [16] [64] The fundamental purpose of this higher doctorate of the University of Oxford is to recognize excellence in academic scholarship. [65] The University of Hull awarded him the Doctor of Laws (LLD) honoris causa in 2020. [66] He was elected an Honorary Member of Nepal Academy in 2021. [67] The President of Nepal,Bidya Devi Bhandari,awarded Subedi the honour of Prasidhha Prabal Janasewa Shree in 2022. [68] He was elected an Honorary Fellow of Exeter College of Oxford University in 2023. [69]
In 2025,Subedi was honoured by the publication of a Festschrift,The Incoherence of Human Rights in International Law,which seeks to recognise his "immeasurable lifetime achievement and contribution to international law and human rights scholarship and practice". [70]
The Royal Asiatic Society launched an annual prize named after Subedi in 2022. The 'Surya P. Subedi Prize' is to be awarded to a book or an article on Nepal in English published anywhere in the world in any one calendar year. [71]
Both of his British alma maters - the University of Oxford and the University of Hull - have established prizes in his name. The Subedi Prize for the best doctoral thesis (DPhil) of the year in law was established at the University of Oxford in 2020. [72] Likewise,the Wilberforce Institute for the Study of Slavery and Emancipation at the University of Hull established a global essay prize on modern slavery or the protection of human dignity in his name in 2022. [73]
In his youth,Subedi led the students' union at Tribhuvan University in Nepal,a pro-human rights and democracy activity which earned him a three-month prison stay. [56] Later in life,when living in the UK,he was involved in the establishment of the Non-Resident Nepali Association (NRNA) in 2003,to unite the Nepali diaspora. [74]
Subedi served as a Governor of Beverley Grammar School,in Beverley,East Yorkshire from 1998 to 2001.
Starting in 2007,Subedi was progressively Trustee,Deputy Chair and Joint Co-Chair [75] of the Britain Nepal Medical Trust [76] and one of its Patrons starting in 2019. [77]
He was appointed as the Crown Representative by Queen Elizabeth II on the Governing Board of SOAS University of London, [78] 2007-2012.
In 2024,he was elected a Council member of the Royal Asiatic Society. [79]
Subedi is married,with a son and a daughter.
Subedi is an avid hill walker and rambler.[ citation needed ] He participated in a 100 kilometer walk to raise funds in the aftermath of the April 2015 earthquake in Nepal. [80] He has walked all of the Hadrian's Wall Path,from the east coast to the west coast. [81] [ failed verification ]
The Special Rapporteur is an independent expert appointed by the United Nations Human Rights Council [..] The current Special Rapporteur is Mr. Surya Prasad Subedi (Nepal), who was appointed in March 2009.
Professor Subedi was appointed to advise them [the IUCN] on legal and procedural matters during their World Congress [..in..] Marseille between 3 – 11 September 2021