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Thomas W. Wälde (9 January 1949 – 11 October 2008), former United Nations (UN) Inter-regional Adviser on Petroleum and Mineral Legislation, was Professor & Jean-Monnet Chair at the Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP), Dundee.
The United Nations (UN) is an intergovernmental organization tasked with maintaining international peace and security, developing friendly relations among nations, achieving international co-operation, and being a centre for harmonizing the actions of nations. It was established after World War II, with the aim of preventing future wars, and succeeded the ineffective League of Nations. Its headquarters, which are subject to extraterritoriality, are in Manhattan, New York City, and it has other main offices in Geneva, Nairobi, Vienna and The Hague. The organization is financed by assessed and voluntary contributions from its member states. Its objectives include maintaining international peace and security, protecting human rights, delivering humanitarian aid, promoting sustainable development, and upholding international law. The UN is the largest, most familiar, most internationally represented and most powerful intergovernmental organization in the world. At its founding, the UN had 51 member states; there are now 193.
The Jean Monnet Programme, also known as the Jean Monnet Project, is a European Union initiative to encourage teaching, research and reflection in the field of European integration studies in higher education institutions. It is named for Jean Monnet (1888–1979), regarded by many as a chief architect of European Unity.
The Centre for Energy, Petroleum and Mineral Law and Policy (CEPMLP) is a graduate school at the University of Dundee, Scotland, United Kingdom, focused on the fields of international business transactions, energy law and policy, mining and the use of natural resources.
Thomas Wälde died on 11 October 2008 in the south of France.
Southern France, also known as the South of France or colloquially in French as le Midi, is a defined geographical area consisting of the regions of France that border the Atlantic Ocean south of the Marais Poitevin, Spain, the Mediterranean Sea and Italy. It includes: Nouvelle-Aquitaine in the west, Occitanie in the centre, the southern parts of Auvergne-Rhône-Alpes in the northeast, Provence-Alpes-Côte d'Azur in the southeast, as well as the island of Corsica in the southeast. Monaco and Andorra are sometimes included in definitions of Southern France although they are principalities.
Thomas Wälde grew up in Heidelberg (Germany) and went to school at the Kurfuerst-Friedrich-Gymnasium. He was from a South-West German family; his great uncle, Reinhold Maier, was the first Ministerpraesident of Baden-Wuerttemberg; another uncle, Heinz Maier-Leibnitz, a well known German professor of nuclear physics, director of German and French nuclear physics research laboratories and President of the German National Science Foundation (DFG).
Heidelberg ( HY-dəl-burg, German: [ˈhaɪdl̩bɛʁk] is a university town in the German state of Baden-Württemberg, situated on the river Neckar in south-west Germany. In the 2016 census, its population was 159,914, of which roughly a quarter consisted of students.
Thomas Wälde lived and worked from his home/offices outside St Andrews, Scotland, Heidelberg and Bormes-Les-Mimosas. His second wife, Professor Charlotte Wälde, has served as co-director of the AHRC Centre on Intellectual Property Law at Edinburgh University. His son, from his first marriage, is reading law in Vienna and his daughter attends St Leonard's School in St Andrews.
St Andrews is a town on the east coast of Fife in Scotland, 10 miles (16 km) southeast of Dundee and 30 miles (50 km) northeast of Edinburgh. St Andrews has a recorded population of 16,800 in 2011, making it Fife's fourth largest settlement and 45th most populous settlement in Scotland.
Scotland is a country that is part of the United Kingdom. It covers the northern third of the island of Great Britain, with a border with England to the southeast, and is surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast, the Irish Sea to the south, and more than 790 islands, including the Northern Isles and the Hebrides.
He studied law, in the traditional German way, at the Universities of Heidelberg, Lausanne-Geneva, Berlin and Frankfurt, with his law degree (Referendar) and doctorate (Juristische Folgenorientierung - a study on decision theory as an interpretative tool for international economic law) - in Frankfurt.
He did his professional legal training in Frankfurt (including as an intern at the UN Centre on Transnational Corporations in New York) and obtained his "Assessor" grade there. He also worked as Associate Officer and resident consultant with the UN/CTC in New York and UNIDO in Vienna and was fellow at the Institute for International Economic Law in Frankfurt (founded by Heinrich Kronstein who was also professor at Georgetown Law School in the US and founder of the Washington-based International Law Institute).
Frankfurt is a metropolis and the largest city of the German federal state of Hesse, and its 746,878 (2017) inhabitants make it the fifth-largest city of Germany after Berlin, Hamburg, Munich, and Cologne. On the River Main, it forms a continuous conurbation with the neighbouring city of Offenbach am Main, and its urban area has a population of 2.3 million. The city is at the centre of the larger Rhine-Main Metropolitan Region, which has a population of 5.5 million and is Germany's second-largest metropolitan region after the Rhine-Ruhr Region. Since the enlargement of the European Union in 2013, the geographic centre of the EU is about 40 km (25 mi) to the east of Frankfurt's central business district. Like France and Franconia, the city is named after the Franks. Frankfurt is the largest city in the Rhine Franconian dialect area.
The International Law Institute, also known as the ILI, was founded as part of Georgetown University in 1955. The ILI provides training and technical assistance for the legal, economic and financial problems of developing countries and emerging economies. Since 1983, the ILI has been an independent, non-profit educational institution serving government officials, legal and business professionals and scholars from its headquarters in Washington, D.C. To date, the ILI and its global affiliates have trained over 31,000 officials, managers, and practitioners- from 186 countries- since it held its first seminar in 1971.
Wälde was at Harvard Law School (1972–74) as LL.M. and subsequent visiting scholar. His Harvard LL.M. dissertation - on comparative company law - was published in 1974. Detlev Vagts was his academic mentor and teacher at Harvard Law School; he also worked as research assistant for the late Professor and ICJ Judge Richard Baxter. In 1978, he obtained the now prestigious price by the German Research Foundation (DFG) for a publication on transnational investment agreements (published in Rabelz Zeitschrift) which was, a decade later, named after Heinz Maier-Leibnitz, at one time the President of DFG.
Harvard Law School is one of the professional graduate schools of Harvard University located in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States and one of the most prestigious in the world. It is ranked first in the world by the QS World University Rankings and the ARWU Shanghai Ranking.
ICJ president Roslyn Higgins had served as an academic mentor for Thomas Wälde since he moved from the United Nations in New York to the University of Dundee, Scotland in 1991.
Wälde started in 1980 as UN interregional adviser on mineral law - with the remit to provide rapid ad-hoc advisory services to developing country governments throughout the world. He later became responsible for energy/petroleum and international investment policy as well. At the UN, he advised over 60 governments on legislative reform and contract negotiations with international investors mainly. He was also, from 1981–1983, UN investigator on occupation practices in Palestinian territories and responsible for the Secretary General's reports on "Permanent Sovereignty over Natural resources" and the Permanent Sovereignty in Occupied Palestinian territories reports. Wälde set up numerous investment advisory projects - combining legal, financial and technical expertise - to support investment project negotiations; organised training seminars and international UN conferences in the field of mining and oil and gas. He initiated the UN project for environmental guidelines in mining and was chair of the drafting group that produced the first version of the "Berlin Guidelines" in 1990.
At Dundee, Wälde, as Professor and Executive Director, developed the Centre for Petroleum and Mineral Law into the world's largest graduate school in its field - with four students in 1991 growing to well over 140 LL.M., MBA, MSC, MBA and PHD students in 2002/2003 (when he gave up the directorship). Student numbers went up, from 1991 to 2002, by a factor of about 40 and fees were raised by a factor of 4. The centre obtained as a recognition for its spectacular growth the prestigious Queen's Award for Enterprise in 2004.
Following his directorship of CEPMLP/Dundee, Wälde developed academic and professional expertise in international dispute resolution, both mediation and arbitration for large, complex, cross-border transnational disputes, primarily (but not exclusively) in the field of oil, gas, energy, infrastructure and mining (but also gaming and private equity) based on contract and investment treaties. He set up OGEMID, the mainly international electronic discussion and intelligence forum which is by now a "must" for anybody seriously engaged in international investment disputes, but also in complex commercial disputes in the energy and resources field. He acted as co-arbitrator in the NAFTA Chapter XI arbitration Thunderbird v Mexico; as co-arbitrator in the BIT-based arbitration of K+ v Czech Republic; and, in 2008, as co-arbitrator in a CAFTA dispute. He has also been appointed to international disputes in the field of mining and energy (electricity). He frequently acts as expert witness and (expert) co-counsel in international arbitrations relating to oil, gas, energy, mining and infrastructure, including Glamis v US, Duke v Peru, Nykomb v Latvia plus commercial, BIT, ECT and NAFTA-based arbitrations under UNCITRAL, ICSID, NAFTA and CAFTA procedural rules. He has also mediated commercial disputes between international oil companies and the SwePol dispute concerning an electricity interconnector between Poland and Sweden.
He was a frequent expert, but also counsel, mediator and arbitrator in international energy and investment disputes (International Centre for Settlement of Investment Disputes (ICSID), the North American Free Trade Agreement (NAFTA), Energy Charter Treaty, Bilateral Investment Treaty (BIT) and commercial contract disputes). Special member of AIPN, member of several int'l arbitral institutions, Rechtsanwalt (Frankfurt) & barrister (Lincoln's Inn - Essex Court Chambers, London). Adviser to the international institutions in the oil and gas field (the Organization of Petroleum Exporting Countries, International Energy Agency (IEA), UN, APEC, European Union, World Bank). Identified as leading international energy lawyer in a Euromoney survey, leading international lawyer in a Cambridge-sponsored Who's Who in International law and one of three international arbitrators resident in Scotland. Formerly (up to 1990) Interregional Adviser on Mineral and Petroleum law and International Investment Policy, United Nations, New York; staff and consultant for UN Centre on Transnational Corporations and United Nations Industrial Development Organization (1976–1980); Reporter for International Law Association Foreign Investment Law Committee (damages and tax-related investment disputes). Frequent speaker and author on international investment law, natural resources, mineral, energy and oil and gas law, including renegotiation, taxation, indirect expropriation, de-commissioning (abandonment) of offshore operations; state enterprise privatisation, investment treaties, environmental regulation; arbitration; Energy Charter Treaty.
Thomas Wälde was a prolific writer and speaker, and spoke at conferences around the world. He served as visiting professor at Panthéon-Assas University and American University. He is fellow of the investment programme at the British Institute of International & Comparative Law, at Columbia University's Law School and other EU-law focused institutions. He obtained a Jean-Monnet Chair in an EU-wide competition from the EU Commission in 1995 - on EU Energy and Economic Law. He was a "Special Member" of the Association of Int'l Petroleum Negotiators (AIPN), panel of energy/resources arbitrators of the Permanent court of Int'l Arbitration; Member of the Institut pour l'Arbitrage International; member of the IBA, LCIA, DIS; ICDR, ILA; ASIL, ITA (Academic Council). He was named in several professional guides as a leading international energy lawyers and one of three international arbitrators in Scotland. He was formerly the Chair, Energy, Petroleum and Mineral Law and Policy Trust; Director of the 2004 Hague Academy for Int'l Law Research Seminar on Int'l Investment Law. He was on the IUCN Energy Working Group and the World Energy Council's Task force on Energy Investment & Trade.
He could write and speak in English, German, French and Spanish, with some knowledge of Italian, Russian and Arabic. He worked in all corners of the world. He developed and led negotiation assistance inter alia in several investment projects related to coal (Colombia), gold (Mali), Guyana (uranium), Dominican Republic (nickel, oil), Cayman Islands (oil) – all led to completed transaction.
The International Centre for Settlement of Investment Disputes (ICSID) is an international arbitration institution established in 1966 for legal dispute resolution and conciliation between international investors. The ICSID is part of and funded by the World Bank Group, headquartered in Washington, D.C., in the United States. It is an autonomous, multilateral specialized institution to encourage international flow of investment and mitigate non-commercial risks by a treaty drafted by the International Bank for Reconstruction and Development's executive directors and signed by member countries. As of May 2016, 153 contracting member states agreed to enforce and uphold arbitral awards in accordance with the ICSID Convention.
International arbitration is arbitration between companies or individuals in different states, usually by including a provision for future disputes in a contract.
The Energy Charter Treaty (ECT) is an international agreement that establishes a multilateral framework for cross-border cooperation in the energy industry. The treaty covers all aspects of commercial energy activities including trade, transit, investments and energy efficiency. The treaty is legally binding and includes dispute resolution procedures.
Emmanuel Gaillard is a prominent practicing attorney, a leading authority on international commercial arbitration, and a law professor. He founded and heads the international arbitration practice of the international law firm Shearman & Sterling and frequently acts as an arbitrator in international commercial or investment disputes.
Tai-Heng Cheng is a Singaporean legal scholar, lawyer, and international arbitrator. He currently resides in United States of America as a permanent resident.
The Gubkin Russian State University of Oil and Gas is a university in Moscow. The university was founded on 17 April 1930 and is named after the geologist Ivan Gubkin. The university is affectionally known as Kerosinka, meaning "kerosene stove".
William W. Park is Professor of Law at Boston University School of Law. His practice and teaching focus on international financial and commercial transactions. He has served as Arbitrator on the Claims Resolution Tribunal for Dormant Accounts in Switzerland and the Appeals Tribunal of the International Commission on Holocaust Era Insurance Claims, and currently sits on the North American Free Trade Agreement (NAFTA) Chapter 14 Financial Services Roster.
Investor-state dispute settlement (ISDS) or investment court system (ICS) is a system through which investors can sue nation states for alleged discriminatory practices. ISDS is an instrument of public international law and provisions are contained in a number of bilateral investment treaties, in certain international trade treaties, such as NAFTA, and the proposed TPP and CETA agreements. ISDS is also found in international investment agreements, such as the Energy Charter Treaty. If an investor from one country invests in another country, both of which have agreed to ISDS, and the host state violates the rights granted to the investor under the treaty, then that investor may bring the matter before an arbitral tribunal.
Henry Odein Ajumogobia is a Nigerian politician and businessman. He was Minister of State Petroleum Resources between 2007 and 2009, and minister of Foreign Affairs from April 2010 to July 2011. He was also Head of Nigeria's delegation to OPEC from July 2007 to December 2008.
Albert Jan van den Berg is a founding partner of Hanotiau & van den Berg in Brussels, a Emeritus Professor of Law at the Erasmus University, Rotterdam, a visiting Professor at Georgetown University Law Center, Washington DC and at the University of Tsinghua School of Law, Beijing and a member of the Advisory Board and Faculty of the Geneva Master of Laws in International Dispute Settlement (MIDS), Geneva.
Gary B. Born is an international lawyer and academic. He is chair of the International Arbitration and International Litigation practices at the international law firm, Wilmer Cutler Pickering Hale and Dorr LLP, and the author of a number of commentaries, casebooks and other works on international arbitration and litigation.
John S. Lowe is the George W. Hutchison Professor of Energy Law and former Senior Associate Dean for Academic Affairs at the Southern Methodist University's Dedman School of Law. He specializes in energy law.
Transnational Dispute Management (TDM) is a peer-reviewed online journal published by Maris B.V. TDM focuses on the management of international disputes, especially the rapidly evolving area of investment arbitration as well as other significant areas of international investment. TDM publishes articles covering both formal adjudicatory procedures and also mediation and other ADR, negotiation and managerial ways to manage transnational disputes efficiently. TDM started publishing in February 2004. Professor Thomas W. Wälde (1949–2008) was founding editor of TDM. Mark Kantor is the current Editor-in-Chief of TDM.
Douglas Samuel Jones, is an independent international arbitrator based in London, Sydney and Toronto. He is a door tenant at Atkin Chambers, London, and a member arbitrator at Arbitration Place in Toronto, Canada. He is married to Canadian scholar, author and international arbitrator, Janet Walker.
Mohamed A.M. Ismail (born 24 November 1967) is a Vice President of the Egyptian State Council, Judge at the Court of Appeal, Fellow of the Chartered Institute of Arbitrators (UK), Visiting Professor and PhD examiner at the British and Egyptian Universities, in International State Contracts and Arbitration, particularly on infrastructure projects, Lecturer at the Cairo Regional Centre of the International Commercial Arbitration (CRCICA) and Arbitrator in the International Construction Contracts disputes, particularly International Public Works Agreements. Ismail is the State Prize Laureate in Academic Legal Research for 2011/2012. The Prize, which is the highest in the MENA region since 1958, was granted to him by the Arab Republic of Egypt. Ismail is a lecturer at the Arab League and BCDR-AAA. He is Member of the Comité Française d’Arbitrage. Ismail is a PhD external examiner at British universities, and visiting guest speaker at the University of London
Fabian Ajogwu, SAN, FCIArb, is a Senior Advocate of Nigeria and the founding Partner of the law firm of Kenna Partners. He has well over two decades of law practice experience in the field of Foreign Direct Investments and Corporate Restructuring in the Financial Services sector, and Natural Resources sector; including Litigation and Arbitration in related fields. He is an adjunct senior faculty of the Lagos Business School in Nigeria where he has taught courses on Business Law, Negotiations and lectures as a Professor of Corporate Governance over the past 15 years.
The mining industry of Libya does not contribute significantly to its economy. Mining resources are located in remote regions with limited accessibility. The fuel sector, including oil reserves and natural gas is the major revenue-generating industry.
The mining industry of South Sudan started operating from the time South Sudan became a regional government of Sudan in 2005. Its inheritance was a well developed petroleum industry with an extensive network of pipelines passing through Sudan. However, contractual allotments in mining lacked any form of regulatory framework, resulting in the legislative assembly imposing a moratorium on mining licenses in November 2010. With independence in 2011, the petroleum industry was halted. Subsequent to this event, interest in mining non-fuel minerals has emerged and a new Mining Act has come into effect from December 2012.
Sean D. Murphy is the Manatt/Ahn Professor of International Law at the George Washington University Law School in Washington, D.C., where he has been teaching since 1998. His primary areas of scholarly research are public international law, foreign affairs and the U.S. Constitution, international organizations, international dispute settlement, and law of the sea. Murphy served for ten years on the Board of Editors of the American Journal of International Law and is the President-Elect of the American Society of International Law. In 2016, the United Nations General Assembly re-elected Murphy to serve as a Member of the U.N. International Law Commission (ILC). He has been named by the ILC as Special Rapporteur for Crimes Against Humanity, a topic on which he has lectured widely.