James Crawford (jurist)
Encyclopedia
James Crawford, SC, FBA, LLD is an academic and practitioner in the field of public international law. He is Whewell Professor of International Law at the University of Cambridge
and Fellow in Law, Jesus College
, Cambridge. He was formerly Director of the Lauterpacht Centre for International Law
, also at Cambridge.
in South Australia
in 1948, Crawford attended Adelaide University as an undergraduate, receiving his LLB in 1971 and a BA
(majoring in English history and politics) in the same year. It was during his time at Adelaide that he first came in contact with international law, with the undergraduate course in the subject taught by D.P. O'Connell, who was later to be appointed Chichele Professor of International Law at the University of Oxford
. Crawford later followed O'Connell to Oxford, was accepted to University College
and completed his doctorate on the creation of states in international law under the supervision of Ian Brownlie
, graduating in 1977.
and served until 1984, where he produced a series of reports on subjects such as the recognition of aboriginal customary law, sovereign immunity, and the reform, patriation and federalisation of Admiralty Law and jurisdiction. He remained in Adelaide until 1986, when he was appointed to the Challis Professorship of International Law at the University of Sydney
. He served as Dean of the Faculty of Law from 1990 to 1992.
In 1985 Crawford was elected an associate of the Institut de Droit International
(the youngest election in modern times) and was elevated to full membership in 1991.
In 1992, Crawford was elected to the Whewell Professorship of International Law at Cambridge. In a nice piece of symmetry, his opposite number as Chichele Professor at Oxford was his DPhil supervisor Ian Brownlie. In that year, Crawford was also elected to membership of the United Nations International Law Commission
("ILC"). He served as Special Rapporteur on State Responsibility from 1997-2001 was was also responsible for the production of the the ILC's Draft Statute for an International Criminal Court
. In 2000, he was elected a Fellow of the British Academy
.
In 1996, Crawford assumed directorship of the Lauterpacht Centre for International Law
at Cambridge, serving from 1997-2003 and again from 2006-2010. Since 2003 he has been a member of the Curatorium of The Hague Academy of International Law
and is scheduled to give the General Course in 2013.
Crawford was made a Doctor of Laws by Cambridge in 2003. He holds honorary doctorates from the University of Paris 1 Pantheon-Sorbonne and Pázmány Péter Catholic University
, Budapest
. He was awarded the Nessim Habif World Prize by the University of Geneva
in 2010 and the Hudson Medal by the American Society for International Law in 2012.
His daughter, Dr Emily Crawford, is a post-doctoral fellow and associate at the Sydney Centre for International Law (SCIL). Previously at the Law Faculty at the University of New South Wales, Emily completed her Arts and Law degrees before working as a researcher at the Australian Broadcasting Corporation, before returning to UNSW to undertake her PhD. Her doctoral thesis on the disparate treatment of participants in armed conflicts was published by Oxford University Press in 2010.
in 1977, and was called to the New South Wales
bar in 1987. He was appointed Senior Counsel in 1997.
Following his move to Cambridge, Crawford was admitted to the English bar in 1999 as a member of Gray's Inn
, and was a foundation member of Matrix Chambers
.
Crawford has built a substantial international practice. He has been engaged as counsel in 23 cases before the International Court of Justice
('ICJ'), including the contested cases of East Timor (Australia v Portugal), Case concerning the Oil Platforms (Islamic Republic of Iran v United States of America, Gabcikovo-Nagymaros Barrage System (Hungary v Slovakia), Case concerning Pulau Batu Puteh (Malaysia v Singapore) and Maritime Delimitation in the Black Sea (Romania v Ukraine). He has also appeared as counsel for various interested parties in the following advisory opinions of the ICJ: Legality of the Threat or Use of Nuclear Weapons, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory and Accordance with international law of the unilateral declaration of independence in respect of Kosovo.
In addition to his appearances before the ICJ, Crawford has also appeared before a wide range of other international courts and tribunals. He was counsel for Australia before the International Tribunal for the Law of the Sea
and the ad hoc tribunal convened under Annex VII of the United Nations Convention on the Law of the Sea
in the Southern Bluefin Tuna cases, was counsel for Eritrea before the Eritrea/Ethiopia Boundary Commission and counsel for Sudan in the Abyei Dispute to determine whether Abyei
was to form part of north Sudan
or the area that was in 2011 to become South Sudan
. He was also counsel for China before the Dispute Settlement Body of the World Trade Organization
in the United States - Definitive Anti-Dumping case.
Crawford has also developed a substantial practice as an international arbitrator, and has developed a particular reputation in investor state disputes run by the International Centre for the Settlement of Investment Disputes ('ICSID') and in matters pertaining to the law of the sea, especially maritime boundary delimitation. Significant disputes in which Crawford has sat as arbitrator include Larsen v Hawaiian Kingdom, Newfoundland/Nova Scotia Maritime Boundary Arbitration, Vivendi Universal v Argentina, Mondev International v United States of America, Yaung Chi Oo v Myanmar,, SGS v Philippines, and the MOX Plant arbitration.
In addition Crawford has since 1994 been the editor of the British Yearbook of International Law, and senior editor since the retirement of Ian Brownlie from Oxford in 2000. He is co-editor of the Cambridge Studies in International and Comparative Law and the ICSID Reports. From 2002-2005 he was a member of the Editorial Panel of the World Trade Review. Since 2004, he has been a member of the Board of Editors for the American Journal of International Law. He has published peer-refereed journal articles in, inter alia, International and Comparative Law Quarterly, the American Journal of International Law, the British Yearbook of International Law and other significant international law journals. He is Senior Treasurer of the Cambridge Journal of International and Comparative Law.
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
and Fellow in Law, Jesus College
Jesus College
There are at least two institutions bearing the name Jesus College. Among them are:*Jesus College, Cambridge*Jesus College, Oxford...
, Cambridge. He was formerly Director of the Lauterpacht Centre for International Law
Lauterpacht Centre for International Law
The Lauterpacht Centre for International Law at the Faculty of Law, Cambridge, England, was founded in 1985 by Sir Elihu Lauterpacht under the name The Research Centre for International Law. It was renamed in 1997 "to honour the achievements of his father Sir Hersch Lauterpacht and himself"...
, also at Cambridge.
Education
Born in AdelaideAdelaide
Adelaide is the capital city of South Australia and the fifth-largest city in Australia. Adelaide has an estimated population of more than 1.2 million...
in South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
in 1948, Crawford attended Adelaide University as an undergraduate, receiving his LLB in 1971 and a BA
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
(majoring in English history and politics) in the same year. It was during his time at Adelaide that he first came in contact with international law, with the undergraduate course in the subject taught by D.P. O'Connell, who was later to be appointed Chichele Professor of International Law at the University of Oxford
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
. Crawford later followed O'Connell to Oxford, was accepted to University College
University College
University College can refer to several institutions:- Canada :* University College, University of Toronto* University College of the North, The Pas, Manitoba* Booth University College, Winnipeg, Manitoba...
and completed his doctorate on the creation of states in international law under the supervision of Ian Brownlie
Ian Brownlie
Sir Ian Brownlie, CBE, QC, FBA was a British practising barrister, specialising in international law. After an education at Hertford College, Oxford, he was called to the Bar by Gray's Inn in 1958 and was a tenant at Blackstone Chambers from 1983 until his death on 3 January 2010.During his...
, graduating in 1977.
Academic life
From Oxford, Crawford returned to Adelaide University in 1974, lecturing in international law and constitutional law, and was awarded a personal chair in 1983. In 1982, he accepted a position at the Australian Law Reform CommissionAustralian Law Reform Commission
The Australian Law Reform Commission is an Australian independent statutory body established to conduct reviews into the law of Australia and advocate options for law reform...
and served until 1984, where he produced a series of reports on subjects such as the recognition of aboriginal customary law, sovereign immunity, and the reform, patriation and federalisation of Admiralty Law and jurisdiction. He remained in Adelaide until 1986, when he was appointed to the Challis Professorship of International Law at the University of Sydney
University of Sydney
The University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania...
. He served as Dean of the Faculty of Law from 1990 to 1992.
In 1985 Crawford was elected an associate of the Institut de Droit International
Institut de droit international
The Institut de droit international is an organization devoted to the study and development of international law, whose membership comprises the world's leading public international lawyers...
(the youngest election in modern times) and was elevated to full membership in 1991.
In 1992, Crawford was elected to the Whewell Professorship of International Law at Cambridge. In a nice piece of symmetry, his opposite number as Chichele Professor at Oxford was his DPhil supervisor Ian Brownlie. In that year, Crawford was also elected to membership of the United Nations International Law Commission
International Law Commission
The International Law Commission was established by the United Nations General Assembly in 1948 for the "promotion of the progressive development of international law and its codification."It holds an annual session at the United Nations Office at Geneva....
("ILC"). He served as Special Rapporteur on State Responsibility from 1997-2001 was was also responsible for the production of the the ILC's Draft Statute for an International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
. In 2000, he was elected a Fellow of the British Academy
British Academy
The British Academy is the United Kingdom's national body for the humanities and the social sciences. Its purpose is to inspire, recognise and support excellence in the humanities and social sciences, throughout the UK and internationally, and to champion their role and value.It receives an annual...
.
In 1996, Crawford assumed directorship of the Lauterpacht Centre for International Law
Lauterpacht Centre for International Law
The Lauterpacht Centre for International Law at the Faculty of Law, Cambridge, England, was founded in 1985 by Sir Elihu Lauterpacht under the name The Research Centre for International Law. It was renamed in 1997 "to honour the achievements of his father Sir Hersch Lauterpacht and himself"...
at Cambridge, serving from 1997-2003 and again from 2006-2010. Since 2003 he has been a member of the Curatorium of The Hague Academy of International Law
Hague Academy of International Law
The Hague Academy of International Law is a center for high-level education in both public and private international law housed in the Peace Palace in The Hague, The Netherlands...
and is scheduled to give the General Course in 2013.
Crawford was made a Doctor of Laws by Cambridge in 2003. He holds honorary doctorates from the University of Paris 1 Pantheon-Sorbonne and Pázmány Péter Catholic University
Pázmány Péter Catholic University
Pázmány Péter Catholic University is a private university of the Catholic Church in Hungary, recognized by the State. Founded in 1635, the PPCU is one of Hungary's oldest and most prestigious institutions of higher education....
, Budapest
Budapest
Budapest is the capital of Hungary. As the largest city of Hungary, it is the country's principal political, cultural, commercial, industrial, and transportation centre. In 2011, Budapest had 1,733,685 inhabitants, down from its 1989 peak of 2,113,645 due to suburbanization. The Budapest Commuter...
. He was awarded the Nessim Habif World Prize by the University of Geneva
University of Geneva
The University of Geneva is a public research university located in Geneva, Switzerland.It was founded in 1559 by John Calvin, as a theological seminary and law school. It remained focused on theology until the 17th century, when it became a center for Enlightenment scholarship. In 1873, it...
in 2010 and the Hudson Medal by the American Society for International Law in 2012.
His daughter, Dr Emily Crawford, is a post-doctoral fellow and associate at the Sydney Centre for International Law (SCIL). Previously at the Law Faculty at the University of New South Wales, Emily completed her Arts and Law degrees before working as a researcher at the Australian Broadcasting Corporation, before returning to UNSW to undertake her PhD. Her doctoral thesis on the disparate treatment of participants in armed conflicts was published by Oxford University Press in 2010.
Professional life
Crawford was admitted to practice as a Barrister and Solicitor of the High Court of AustraliaHigh Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
in 1977, and was called to the New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
bar in 1987. He was appointed Senior Counsel in 1997.
Following his move to Cambridge, Crawford was admitted to the English bar in 1999 as a member of Gray's Inn
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
, and was a foundation member of Matrix Chambers
Matrix Chambers
Matrix Chambers is a barristers’ set situated at Gray’s Inn, London. It was founded in April 2000 by 22 barristers from 7 different chambers.Matrix was founded shortly before the implementation of the Human Rights Act in October 2000...
.
Crawford has built a substantial international practice. He has been engaged as counsel in 23 cases before the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
('ICJ'), including the contested cases of East Timor (Australia v Portugal), Case concerning the Oil Platforms (Islamic Republic of Iran v United States of America, Gabcikovo-Nagymaros Barrage System (Hungary v Slovakia), Case concerning Pulau Batu Puteh (Malaysia v Singapore) and Maritime Delimitation in the Black Sea (Romania v Ukraine). He has also appeared as counsel for various interested parties in the following advisory opinions of the ICJ: Legality of the Threat or Use of Nuclear Weapons, Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory and Accordance with international law of the unilateral declaration of independence in respect of Kosovo.
In addition to his appearances before the ICJ, Crawford has also appeared before a wide range of other international courts and tribunals. He was counsel for Australia before the International Tribunal for the Law of the Sea
International Tribunal for the Law of the Sea
The International Tribunal for the Law of the Sea is an intergovernmental organization created by the mandate of the Third United Nations Conference on the Law of the Sea. It was established by the United Nations Convention on the Law of the Sea, signed at Montego Bay, Jamaica, on December 10, 1982...
and the ad hoc tribunal convened under Annex VII of the United Nations Convention on the Law of the Sea
United Nations Convention on the Law of the Sea
The United Nations Convention on the Law of the Sea , also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea , which took place from 1973 through 1982...
in the Southern Bluefin Tuna cases, was counsel for Eritrea before the Eritrea/Ethiopia Boundary Commission and counsel for Sudan in the Abyei Dispute to determine whether Abyei
Abyei
The Abyei Area is an area of in Sudan accorded "special administrative status" by the 2004 Protocol on the resolution of the Abyei conflict in the Comprehensive Peace Agreement that ended the Second Sudanese Civil War. The capital of Abyei Area is Abyei Town...
was to form part of north Sudan
Sudan
Sudan , officially the Republic of the Sudan , is a country in North Africa, sometimes considered part of the Middle East politically. It is bordered by Egypt to the north, the Red Sea to the northeast, Eritrea and Ethiopia to the east, South Sudan to the south, the Central African Republic to the...
or the area that was in 2011 to become South Sudan
South Sudan
South Sudan , officially the Republic of South Sudan, is a landlocked country located in the Sahel region of northeastern Africa. It is also part of the North Africa UN sub-region. Its current capital is Juba, which is also its largest city; the capital city is planned to be moved to the more...
. He was also counsel for China before the Dispute Settlement Body of the World Trade Organization
World Trade Organization
The World Trade Organization is an organization that intends to supervise and liberalize international trade. The organization officially commenced on January 1, 1995 under the Marrakech Agreement, replacing the General Agreement on Tariffs and Trade , which commenced in 1948...
in the United States - Definitive Anti-Dumping case.
Crawford has also developed a substantial practice as an international arbitrator, and has developed a particular reputation in investor state disputes run by the International Centre for the Settlement of Investment Disputes ('ICSID') and in matters pertaining to the law of the sea, especially maritime boundary delimitation. Significant disputes in which Crawford has sat as arbitrator include Larsen v Hawaiian Kingdom, Newfoundland/Nova Scotia Maritime Boundary Arbitration, Vivendi Universal v Argentina, Mondev International v United States of America, Yaung Chi Oo v Myanmar,, SGS v Philippines, and the MOX Plant arbitration.
Books and other publications
- James Crawford (ed), Brownlie's Principles of Public International Law (OUP 2012).
- James Crawford & Martti Koskenniemi (eds), The Cambridge Companion to International Law (CUP 2012).
- James Crawford, Alain Pellet & Simon Olleson (eds), The Law of International Responsibility (OUP 2010).
- James Crawford, The Creation of States in International Law (2nd edition, OUP 2006).
- James Crawford, R Doak Bishop & W Michael Reisman, Foreign Investment Disputes. Cases, Materials and Commentary (Kluwer 2005).
- James Crawford & Brian Opeskin, Australian Courts of Law (4th edition, OUP 2004).
- James Crawford, International Law as an Open System. Selected Essays (Cameron May 2002).
- James Crawford, The International Law Commission's Articles on State Responsibility: Introduction, Text and Commentaries (CUP 2002).
- James Crawford & Philip Alston, The Future of UN Human Rights Treaty Monitoring (CUP 2000).
- James Crawford (ed), The Rights of Peoples (OUP 1988).
- James Crawford, The Creation of States in International Law (OUP 1979) (adaptation of DPhil thesis).
In addition Crawford has since 1994 been the editor of the British Yearbook of International Law, and senior editor since the retirement of Ian Brownlie from Oxford in 2000. He is co-editor of the Cambridge Studies in International and Comparative Law and the ICSID Reports. From 2002-2005 he was a member of the Editorial Panel of the World Trade Review. Since 2004, he has been a member of the Board of Editors for the American Journal of International Law. He has published peer-refereed journal articles in, inter alia, International and Comparative Law Quarterly, the American Journal of International Law, the British Yearbook of International Law and other significant international law journals. He is Senior Treasurer of the Cambridge Journal of International and Comparative Law.