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Stephen M. Schwebel

Stephen M. Schwebel

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Stephen Myron Schwebel is an American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 jurist and expert on international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

. He is well known for his separate and dissenting opinions as a Judge of 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...

 1981-2000 and for his involvement in many cases of the ICSID and Permanent Court of Arbitration
Permanent Court of Arbitration
The Permanent Court of Arbitration , is an international organization based in The Hague in the Netherlands.-History:The court was established in 1899 as one of the acts of the first Hague Peace Conference, which makes it the oldest institution for international dispute resolution.The creation of...

.

Biography


Judge Schwebel was born on March 10, 1929 in New York City
New York City
New York is the most populous city in the United States and the center of the New York Metropolitan Area, one of the most populous metropolitan areas in the world. New York exerts a significant impact upon global commerce, finance, media, art, fashion, research, technology, education, and...

. He received his B.A. magna cum laude with highest honours in government from Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...

 in 1950. He then studied at Cambridge University (1951) and the Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...

, receiving his LL. B. in 1954. He was admitted to the New York bar the next year; to that of the Supreme Court of the United States in 1965; and of the District of Columbia in 1976. In the years 1967–1981 he was Edward B. Burling
Edward B. Burling
Edward Burnham Burling was a prominent American lawyer and the name partner of the Washington, D.C.-based law firm of Covington & Burling. He grew up in Eldora, Iowa and worked in a grocery store at age eleven, and went on to Grinnell College and then to Harvard Law School...

 Professor of International Law and Organization at the School of Advanced International Studies (SAIS), The Johns Hopkins University
Johns Hopkins University
The Johns Hopkins University, commonly referred to as Johns Hopkins, JHU, or simply Hopkins, is a private research university based in Baltimore, Maryland, United States...

 in Washington, D.C.

He served at various positions in the U.S. Department of State, Legal Adviser Office in 1961–1981 and he was a member of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...

 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....

 from 1977 to 1980. Judge Schwebel was first elected to 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...

 in January 1981. He was subsequently re-elected twice, and served as the President of the Court in the triennium 1997–2000, which marked one of the busiest dockets (of 22 new cases) in the history of the Court.

Judge Schwebel is at present an independent arbitrator and counsel in Washington, DC, and a door tenant
Door tenant
A door tenant is a barrister who has been granted permission to join a set of chambers and work with them from premises outside the chambers themselves. Those members who work on the premises are simply 'tenants' while 'squatters' are those who make legitimate use of the premises without belonging...

 of Essex Court Chambers
Essex Court Chambers
Essex Court Chambers is a leading set of commerclal barristers in Lincoln's Inn Fields, central London. The set is named after their former premises at 4 Essex Court in the Temple. It has 71 tenants, of whom 35 are Silks. With a turnover of £43.6 million, it is part of the Magic Circle and offers...

 in London. He has been appointed in 63 arbitral proceedings, 6 between States and 57 international commercial arbitrations (including investment disputes between States and foreign investors). He served as President of the inaugural UNCLOS Annex VII Southern Bluefin Tuna (Australia and NZ v Japan) and Barbados/Trinidad and Tobago Maritime Delimitation Arbitrations. He specialises in disputes between states and foreign investors, and has acted as arbitrator in some of the largest of such disputes. He has been a member of ICSID's panels of arbitrators and of conciliators since 2000. Judge Schwebel since 2007 was President of the ICSID ad hoc Committee in the case of Malaysian Historical Salvors v. Government of Malaysia and, in 2008-2009, a member of the 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...

 Boundary
Tribunal between the Government of Sudan and the Sudanese People's Revolutionary Movement, as well as the President of three other ICSID ad hoc Committees, including in the cases of Turkish Telecoms v. Government of Kazachstan and Helnan International Hotels v. Egypt. On 12 October 2010, Judge Schwebel was appointed by the UN Secretary-General Ban Ki-Moon
Ban Ki-moon
Ban Ki-moon is the eighth and current Secretary-General of the United Nations, after succeeding Kofi Annan in 2007. Before going on to be Secretary-General, Ban was a career diplomat in South Korea's Ministry of Foreign Affairs and in the United Nations. He entered diplomatic service the year he...

 as the President of Pakistan v. India Kishanganga/Neelum River Hydro-Electric Project (Kashmir
Kashmir
Kashmir is the northwestern region of the Indian subcontinent. Until the mid-19th century, the term Kashmir geographically denoted only the valley between the Great Himalayas and the Pir Panjal mountain range...

)
Arbitration. The prominent 7-Member Kishenganga Arbitral Tribunal was established under the India/Pakistan Indus Waters Treaty
Indus Waters Treaty
The Indus Waters Treaty is a water-sharing treaty between the Republic of India and Islamic Republic Of Pakistan, brokered by the World Bank . The treaty was signed in Karachi on September 19, 1960 by Indian Prime Minister Jawaharlal Nehru and President of Pakistan Mohammad Ayub Khan...

  and it also includes: ICJ Judge Bruno Simma and Jan Paulsson (both appointed on 17 May 2010 by Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...

), ICJ Judge Peter Tomka
Peter Tomka
Peter Tomka , is a Slovak diplomat and has served as a Judge on the International Court of Justice since 2003.-Early life and education:...

 and Lucius Caflisch (both appointed on 16 June 2010 by India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

), and two neutral Arbitrators appointed on 12 and 17 December 2010 - Prof Howard S Wheater and Sir Franklin Berman, who was appointed by Lord Chief Justice of England and Wales
Lord Chief Justice of England and Wales
The Lord Chief Justice of England and Wales is the head of the judiciary and President of the Courts of England and Wales. Historically, he was the second-highest judge of the Courts of England and Wales, after the Lord Chancellor, but that changed as a result of the Constitutional Reform Act 2005,...

. Judge Schwebel has, moreover, been chairman or party-appointed arbitrator in International Chamber of Commerce
International Chamber of Commerce
The International Chamber of Commerce is the largest, most representative business organization in the world. Its hundreds of thousands of member companies in over 130 countries have interests spanning every sector of private enterprise....

 (ICC), ICSID
ICSID
ICSID may refer to:* International Centre for Settlement of Investment Disputes* International Council of Societies of Industrial Design...

, AAA
American Arbitration Association
The American Arbitration Association is a private enterprise in the business of arbitration, and one of several arbitration organizations that administers arbitration proceedings. The AAA also administers mediation and other forms of alternative dispute resolution. It is headquartered in New York...

, Arbitration Institute of the Stockholm
Stockholm
Stockholm is the capital and the largest city of Sweden and constitutes the most populated urban area in Scandinavia. Stockholm is the most populous city in Sweden, with a population of 851,155 in the municipality , 1.37 million in the urban area , and around 2.1 million in the metropolitan area...

 Chamber of Commerce (SCC), LCIA
London Court of International Arbitration
The London Court of International Arbitration is an institution based in London, United Kingdom providing the service of international arbitration....

, Permanent Court of Arbitration
Permanent Court of Arbitration
The Permanent Court of Arbitration , is an international organization based in The Hague in the Netherlands.-History:The court was established in 1899 as one of the acts of the first Hague Peace Conference, which makes it the oldest institution for international dispute resolution.The creation of...

 (PCA), Japan Commercial Arbitration Association (CAA), and UNCITRAL
UNCITRAL
The United Nations Commission on International Trade Law was established by the United Nations General Assembly by its Resolution 2205 of 17 December 1966 "to promote the progressive harmonization and unification of international trade law"....

 ad hoc proceedings. Judge Schwebel has also acted as counsel and advocate for Colombia in its territorial
Boundary delimitation
Boundary delimitation, or simply delimitation, is the term used to describe the drawing of boundaries, but is most often used to describe the drawing of electoral boundaries, specifically those of precincts, states, counties or other municipalities...

 and maritime delimitation dispute with Nicaragua, involving Archipelago of San Andres and Providencia, for Belize
Belize
Belize is a constitutional monarchy and the northernmost country in Central America. Belize has a diverse society, comprising many cultures and languages. Even though Kriol and Spanish are spoken among the population, Belize is the only country in Central America where English is the official...

 in its territorial, insular and maritime boundary
Maritime boundary
Maritime boundary is a conceptual means of division of the water surface of the planet into maritime areas that are defined through surrounding physical geography or by human geography. As such it usually includes areas of exclusive national rights over the mineral and biological resources,...

 dispute with Guatemala, and for a number of other governments, corporations, and law firms in international proceedings. President of the Administrative Tribunal of the International Monetary Fund
International Monetary Fund
The International Monetary Fund is an organization of 187 countries, working to foster global monetary cooperation, secure financial stability, facilitate international trade, promote high employment and sustainable economic growth, and reduce poverty around the world...

 in the years 1994-2010, he is a member of the Permanent Court of Arbitration
Permanent Court of Arbitration
The Permanent Court of Arbitration , is an international organization based in The Hague in the Netherlands.-History:The court was established in 1899 as one of the acts of the first Hague Peace Conference, which makes it the oldest institution for international dispute resolution.The creation of...

 in The Hague and since 2007 - Judge Schwebel has served as a member and since 2010 as President of the World Bank
World Bank
The World Bank is an international financial institution that provides loans to developing countries for capital programmes.The World Bank's official goal is the reduction of poverty...

 Administrative Tribunal. He was designated by The American Lawyer
The American Lawyer
The American Lawyer is a monthly law magazine published by ALM. It was founded in 1979 by Steven Brill. Features include the annual AmLaw 100 Survey and AmLaw 200 Survey , "The View From the Top", their annual poll of law firm chairpersons, and their "Corporate Scorecard"...

in 2005 as one of the 'Top 10 Arbitrators' in the world, ranked number 2.

Judge Schwebel is the author of the pioneering International Arbitration: Three Salient Problems (Hersch Lauterpacht
Hersch Lauterpacht
Sir Hersch Lauterpacht was a member of the United Nations' International Law Commission from 1952 to 1954 and a Judge of the International Court of Justice from 1955 to 1960. In the words of former ICJ President Stephen M...

 Memorial Lectures 1987), celebrated Justice in International Law - Selected Writings of Judge Stephen M. Schwebel (1994), republished by Cambridge University Press
Cambridge University Press
Cambridge University Press is the publishing business of the University of Cambridge. Granted letters patent by Henry VIII in 1534, it is the world's oldest publishing house, and the second largest university press in the world...

 in 2008, as followed by Justice in International Law - Further Selected Writings od Judge Stephen M. Schwebel (Cambridge 2011), and he also authored some 175 articles on questions of international law and arbitration. He was awarded Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...

 Medal of Merit (1997), Manley O. Hudson Award (2000) and doctor honoris causa of Miami University Law School (2002). He is a member of the Institute of International Law, the Council on Foreign Relations
Council on Foreign Relations
The Council on Foreign Relations is an American nonprofit nonpartisan membership organization, publisher, and think tank specializing in U.S. foreign policy and international affairs...

, AAA
American Arbitration Association
The American Arbitration Association is a private enterprise in the business of arbitration, and one of several arbitration organizations that administers arbitration proceedings. The AAA also administers mediation and other forms of alternative dispute resolution. It is headquartered in New York...

, LCIA
London Court of International Arbitration
The London Court of International Arbitration is an institution based in London, United Kingdom providing the service of international arbitration....

, International Bar Association
International Bar Association
The International Bar Association is an international association of lawyers and lawyers' associations. The IBA's stated purpose is to promote an exchange of information between legal associations worldwide, support the independence of the judiciary and the right of lawyers to practice their...

, Japan CAA, and a former Honorary President of the American Society of International Law
American Society of International Law
The American Society of International Law is a nonprofit, nonpartisan, educational membership organization, based in Washington, D.C.. It was founded in 1906, and was chartered by the United States Congress in 1950...

 (ASIL). The Judge Schwebel Fellows Suite - comprising three offices for Fellows engaged into international law research during a sabbatical or other leave from a regular position - was constructed and outfitted at ASIL's headquarters, Tillar House, in honour of Former ICJ President Stephen M. Schwebel's 80th birthday in 2009. On 17 March 2011 Judge Schwebel held his historic Lecture on The Development of International Adjudication 1951-2011: A 60 Year Perspective at the Lauterpacht Centre for International Law, named after Sir Hersch Lauterpacht at University of Cambridge
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...

.

The portrait photograph of Judge Schwebel was made by Max Koot Studio, The Hague and the portrait painted of that photograph was unveiled at ceremony held in Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...

 on 27 September 2007. During the ASIL Annual Meeting (International Law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...

 as Law
) in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....

 in March 2009, Judge Schwebel chaired the Philip Jessup
Philip Jessup
Philip Caryl Jessup was a diplomat, scholar, and jurist from New York City.- Early life and education :Philip C. Jessup, the grandson of Henry Harris Jessup, received his undergraduate degree from Hamilton College in 1919. He then went on to earn a law degree from Yale Law School in 1924 and a Ph.D...

 50th Anniversary Honorary Committee, which included ICJ President Hisashi Owada
Hisashi Owada
is a former Japanese diplomat and a judge on the International Court of Justice, and currently serves as its President, having been elected to this post in 2009.-Early life:Hisashi Owada was born in Shibata, Niigata Prefecture, Japan. After earning a B.A...

 (2009–2012) and many other experts and authorities in international law. The Former ICJ President Stephen M. Schwebel Prize for "Best Jessup Oralist" was won during the 2009 Philip C. Jessup International Law Moot Court Competition by a member of the team from University of the Andes, Colombia
University of the Andes, Colombia
The University of the Andes , is a coeducational, nonsectarian private university located in city centre Bogotá, Colombia. Founded in 1948, the University has 9 faculties: Administration, Architecture and Design, Arts and Humanities, Sciences, Social Sciences, Law, Economics, Engineering and...

, the team which also won the Jessup Cup for that year.

Selected Books, Articles, Speeches, Lectures and Conference Presentations


Selected State-Company BIT and Commercial Awards


Selected ICJ-PCA Inter-State Boundary and Other Judgments and Awards


Other External Links