User:Pantethine/Archive 1

Archive 1

Edit request on 15 December 2011

I am Stephen Schwebel's secretary. He wants to correct his title at the State Department by inserting "including Deputy Legal Adviser" so it reads: "U.S. Department of State, Legal Adviser Office in 1961-1981, including Deputy Legal Adviser, ...."

He also wants to update paragraph four for the number of books he has written to make it six so it reads: "Stephen Schwebel is the author of six books, including ...." and strike the words "the pioneering" book.

He also wants to update paragraph 4 for the number of articles he has written so it reads: "and he also authored some 200 articles on questions of international law and arbitration." and strike 175 articles, replace with 200

We tried to make these changes before but we got a message back saying Judge Schwebel could not edit his entry because you thought he was a corporation. He is not. He is a retired judge.

Kathy Murray

Kmurray50 (talk) 16:44, 15 December 2011 (UTC) Kathy Murray

 Done, I also took out "celebrated" for the same reason as "pioneering". The reason you were unable to make the changes before is because we prefer people not to make changes where they have a clear conflict of interest. Doing it like this though, where you request edits on the talk page for impartial editors to consider and implement, is perfect though, so feel free to request more changes using the {{Request edit}} template--Jac16888 ^Talk 16:56, 15 December 2011 (UTC)

Edit request on 21 December 2011

I am Stephen Schwebel’s secretary. His entry has been blocked so I cannot fix these things. Please unblock it. He is not trying to change the facts or self-aggrandize, just clean up errors and add one or two new achievements to the article. He wants to make the following changes to his bio:

Paragraph 1: “…and for his involvement in many cases of the ICSID and Permanent Court of Arbitration.” Change to: “and for his involvement in many cases of the Permanent Court of Arbitration, ICSID and other arbitral fora.” Change the order. -  Done - I will take your word on that one.

Paragraph 3: “Judge Schwebel is at present an ….” Change to “Judge Schwebel is currently an …” - done -Youreallycan (talk) 22:21, 21 December 2011 (UTC)

Paragraph 3: “He specialises in disputes between states…” change to “He specialises as well in disputes….” Insert the words “as well” - added also - Youreallycan (talk) 22:21, 21 December 2011 (UTC)

Paragraph 3: “He has been a member of ICSID’s panels of arbitrators and conciliators…” Delete “and conciliators” and make “panel” singular so it reads “He has been a member of ICSID’s panel of arbitrators…” - done - Youreallycan (talk) 22:21, 21 December 2011 (UTC)

Paragraph 3: “Judge Schwebel since 2007 was President …” change to “Judge Schwebel in 2007 was President …” take out “since” and replace with “in” - added In 2007 ..bla lba was...

Paragraph 3: Move a sentence up higher in the paragraph. “On 12 October 2010, Judge Schwebel …Indus Waters Treaty.” Move it to before the sentence that begins “He served as President of Tobago ….” Also change the title “President” to “Chairman” so it reads “…Ban Ki-Moon as Chairman of Pakistan v. India…” - done - Youreallycan (talk) 22:29, 21 December 2011 (UTC)

Paragraph 3: Insert new text prior to the sentence that begins “Judge Schwebel has, moreover, been chairman…..” Insert: “He was Chairman of the Panel in ICM v. ICANN, the first case brought against the Internet Corporation for Assigned names and Numbers (2009).” Put ICM v. ICANN in italics.  Not done - addition requires a WP:RS reliable source to support it. Youreallycan (talk) 22:33, 21 December 2011 (UTC)

Paragraph 3: “Judge Schwebel has, moreover, been chairman….” strike “,moreover,” - done - Youreallycan (talk) 22:31, 21 December 2011 (UTC)

Paragraph 3: “… delimitation dispute with Nicaragua, involving Archipelago of San Andres and Providencia, ….” Delete “involving Archipelago of San Andres and Providencia,”

Paragraph 4: “… republished by Cambridge University Press in 2008, as followed by ….” Strike “as followed by” and replace with “and” so it reads “…republished by Cambridge University Press in 2008, and …”

Paragraph 4: fix typo: “Selected Writings ot Judge….” Fix “ot” to “of”

Paragraph 4: “Manley O. Hudson Award ….” Should be called the “Manley O. Hudson Medal of the American Society of International Law…”

Paragraph 4: Insert new text: “He is an Honorary Bencher of Gray’s Inn, London, and an Honorary Fellow of Trinity College, Cambridge.” Insert after the sentence that ends with “…. President of the American Society of International Law (ASIL).” -  Not done - new text will require a wiki WP;RS to support its inclusion - Youreallycan (talk) 22:42, 21 December 2011 (UTC)

Paragraph 4: delete the last two sentences of the paragraph: “The Judge Schwebel Fellows Suite ….at University of Cambridge.” He does not believe they are necessary.

References section: “…with then Yale Dean and presently the inaugural…” strike “and presently the inaugural Martin R. Flu ’55 Professor of International Law and since June 2009 the U.S. Legal Adviser…” Mr. Koh’s title is no longer correct.

Selected Books, Articles section: Second bullet: “…republished in 2008…” add “in paperback” so it reads “…republished in paperback in 2008…”

Thank you. Kathy Murray, Secretary to Judge Stephen Schwebel

• -  Done - most of these requests - new additions require wikipedia WP:RS - reliable sources to support them - thanks - Youreallycan (talk) 22:54, 21 December 2011 (UTC)

Kmurray50 (talk) 18:14, 16 December 2011 (UTC)Kathy Murray

Retrieved from "http://en.wikipedia.org/w/index.php?title=Talk:Stephen_M._Schwebel&oldid=466193874"

Kmurray50 (talk) 15:09, 21 December 2011 (UTC)Kathy Murray

It should be made clear the exact periods S M Schwebel was actually serving as a Judge of the International Court of Justice

Years of Schwebel's serving as ICJ Judge 1981-2000 are listed at [13]

"He is well known for his separate and dissenting opinions as a Judge of the International Court of Justice 1981-2000"

Stephen M. Schwebel was not actively serving as a Judge for the entire period. Publications by Stephen M Schwebel when he was not serving as a Judge cannot be attributed to him as a Judge of the International Court of Justice. talknic (talk) 09:55, 30 May 2012 (UTC)

Thanks talknic (talk) 15:56, 6 July 2012 (UTC)

 Done

Edit request on 02 January 2015

I am Stephen Schwebel's son-in-law. He wants to correct a reference made in the second paragraph of the Judicial Career section. The reference currently states "...and a door tenant of Essex Court Chambers in London." Judge Schwebel no longer is a door tenant of Essex Court Chambers in London (he was from 2000 until October of this past year (2014)). He therefore has asked that the Essex Court Chambers reference be deleted from his Wikipedia entry. Thank you, Johnson Garrett Thedogedude (talk) 15:17, 2 January 2015 (UTC)

It wouldn't be deleted, but can be updated, if you can give us a published reference for this cessation. --Orange Mike | Talk 16:00, 2 January 2015 (UTC)

I am investigating. Judge Schwebel also has asked that the # of arbitral proceedings be increased to 65 from 63, and the number of international commercial arbitrations to 59 from 57. Lastly, he no longer lives in Washington, DC and has moved to New York City. I don't know that public references are available for each of these changes. Please advise as to what our options are to ensure these changes can be reflected. Thanks. Thedogedude (talk) 20:30, 2 January 2015 (UTC)

If there are no reliable sources for this information, it has no place here. New information and changes to existing information must be verifiable as coming from neutral sources of information, especially in a biography of a living person. --Orange Mike | Talk 20:58, 2 January 2015 (UTC)

alk archive}}

Article rewrite

I have rewritten the Stephen Schwebel article. The current article does not contain sufficient inline citations (there are only two) and the information in places is confusing. As a result, I separated the information in to a table and other basic sections. The current article also sounds like a pitch for arbitration services. The section on Schwebel's career at the U.S. State Department was added to address this imbalance. Some might feel these sections are not accurate or relevant. We can discuss it here.

Expanding the International Court of Justice section is daunting. There should be (at the least) brief and well balanced summaries of Judge Schwebel's dissenting opinions in both the Legality of the Threat or Use of Nuclear Weapons and Military and Paramilitary Activities in and Against Nicaragua cases. However, due to the enormity and controversial nature of these cases, I have decided not to undertake this task.

Although I have tried to eliminate typos, they are present and need to be corrected.

I am not possessive or territorial about my contributions to Wikipedia which, at times, can be of dubious quality. If someone feels strongly that a section/s should be eliminated or rewritten, I am amenable.

I will leave the rewritten article on the talk page for two weeks. If, after two weeks, there are no suggestions or improvements it will be moved to the main page.

Pantethine (talk) 23:54, 20 March 2015 (UTC)

Stephen M. Schwebel
President of the International Court of Justice
In office 1997–2000
Preceded by	Mohammed Bedjaoui
Succeeded by	Gilbert Guillaume
Vice President of the International Court of Justice
In office 1994–1997
Preceded by	Shigeru Oda
Succeeded by	Christopher Weeramantry
Judge of the International Court of Justice
In office 1981–2000
Preceded by	Richard R. Baxter
Succeeded by	Thomas Buergenthal
Personal details
Born	(1929-03-10) March 10, 1929 New York, New York; U.S.
Nationality	United States
Alma mater	Harvard University, BA magna cum laude highest honors in govt. Yale School of Law, LLB

Stephen Myron Schwebel is an American jurist, counsel and independent arbitrator. He currently serves as President of the World Bank Administrative Tribunal and as a member of the U.S. national group at the Permanent Court of Arbitration. Previously, he served as President of the International Monetary Fund Administrative Tribunal (1994 - 2010), as President of the International Court of Justice (1997 - 2000), as Vice President of the International Court of Justice (1994 - 1997) and as Judge of the International Court of Justice (1981 - 2000). Prior to his tenure on the World Court, Judge Schwebel served as Deputy Legal Adviser to the U.S. Department of State (1974 - 1981) and as Assistant Legal Adviser to the U.S. Dept. of State (1961 - 1967). He has also served as a professor of law at Harvard Law School (1959 - 1961) and Johns Hopkins University (1967 - 1981). Schwebel is noted for his expansive opinions in momentous cases such as Legality of the Threat or Use of Nuclear Weapons, Military and Paramilitary Activities in and Against Nicaragua and Oil Platforms (Islamic Republic of Iran v. United States of America).

Early life and education

Schwebel was born on March 10, 1929 in New York City and, while attending high school in New York, developed a strong interest in the United Nations Conference on International Organization being held in San Francisco. After entering Harvard University, he became active in the U.N. student movement and participated in founding The United Nations Council of Harvard. In 1950 he received a B.A. magna cum laude with highest honors in government from Harvard and was also awarded the Frank Knox Memorial Fellowship. The Knox Fellowship enabled Schwebel to peform research and study in a Commonwealth country of his choice. Schwebel chose to study international law at Cambridge University in England under Sir Hersch Lauterpacht who advised him, upon completion of his year at Cambridge, to attend law school. He subsequently entered Yale Law School where he received an LL.B. (1954). While studying at Yale, Schwebel was told by the eminent professor of law Myres McDougal that in order to become an influential international lawyer he first needed to "earn his spurs" at the best law firm that would take him. From 1954 to 1959, Schwebel practiced law as an associate at the law firm of White & Case in New York City. While at White & Case, he had the opportunity to participate in one of the largest international arbitration cases of the 20th century - Saudi Arabia v. Arabian American Oil Company. Schwebel was assigned the, "digging," on the case and spent countless hours going through files; however, the experience engendered a lifelong interest in international arbitration. In 1959, he accepted a position as Assistant Professor of Law at Harvard Law School where he taught until 1961. In 1961 Schwebel started his career with the U.S. State Department as Assistant Legal Adviser on United Nations Affairs. In 1967 he returned to academia as the Burling Professor of International Law at Johns Hopkins School of Advanced International Studies.

Deputy Adviser to U.S. Department of State

In 1974 Schwebel became Deputy Legal Adviser to the U.S. Department of State where he assisted in the formulation and implementation of U.S. foreign policy. During his service as Deputy Legal Adviser, he participated as Associate Representative, Representative Counsel and Deputy Agent of the United States in various cases before the International court of Justice including: Interpretation of the Agreement of 25 March 1951 Between the WHO and Egypt (1980), United States Diplomatic and Consular Staff in Tehran (1979 - 1980) and Certain Expenses of the United Nations (1962).

Cambodian accountability

In September of 1978, Schwebel, acting as Deputy Adviser to the U.S. Department of State, sought accountability for the mass executions committed by the Khmer Rouge. Schwebel wrote the U.K. Foreign Office about the possibility of instituting proceedings against Cambodia before the International Court of Justice for genocide. Although Schwebel suggested a basis for the proceedings should be the Genocide Convention, he acknowledged that proceedings of a case against Cambodia based on the convention were not well founded. Schwebel stated that the atrocities had apparently not been aimed at destroying, in whole or in part, a "national, ethnical, racial or religious group," as defined by the Genocide Convention, but rather those whom the Cambodian authorities deemed to be politically unsympathetic. The UK concurred with Schwebel's concerns by stating that it felt arguments against instituting proceedings were too strong and that the criterion for the atrocities appeared to be the political attitude (or assumed attitude) by the Cambodian government.

Filartiga v. Pena - Irala

Schwebel was a key member of the U.S. State Department team that initiated and sought to influence, through an amicus brief, the Second Circuit Court of Appeals in its hearing of the landmark case Filartiga v. Pena - Irala. In August of 1979, two months before oral arguments at the Second Circuit, Schweble, as Deputy Legal Adviser, contacted the Civil Rights Division in the Justice Department and expressed the U.S. State Department's desire for the Justice Department to take account of developments in international law, which firmly established that all natural persons are entitled to fundamental human rights. Schwebel wrote,

"The position of the (U.S.) State Department on the question of international law immediately relevant to the District court judgment in Filartiga is that acts of torture violate an individual's rights under international law not to be tortured. That an individual has this right is a conclusion founded on provisions of the U.N. Charter and authoritative interpretations of those provisions, on other treaties, on international custom and practice and on the general principles of law- all as recognized by the U.S. and other nations. It derives also from international and national judicial decisions." ,

Despite taking over eight months for the U.S. State Department, Solicitor General and Department of Justice to formulate a combined final position in Filtarga v. Pena - Irala, the ruling by the Second Circuit Court of Appeals, that torture is prohibited by international law, was heavily influenced by the Amicus Briefs initiated by Schwebel and his team at the U.S. State Dept.

File:Judge Stephen M. Schwebel and U.N. Secretary-General Ban Ki-moon.jpg

United Nations Secretary-General Ban Ki-moon (right) and Judge Schwebel at U.N. headquarters in New York.

International Court of Justice

On January of 1981, Schwebel was elected by the U.N. Security Council and U.N. General Assembly, along with Fikri El-Khani of Syria, to fill vacancies created by the deaths of Richard R. Baxter (U.S.A.) and Salah El Dne Trazi (Syria). Schwebel was re-elected on February 6, 1988 and re-elected again February 6, 1997. He was elected to Vice President of the Court from 1994 to 1997 and served as President of the Court from 1997–2000. He resigned from the Court in January of 2000.

This part should be expanded. --89.204.130.66 (talk) 02:38, 22 March 2015 (UTC)

I am building an adjudicated cases table as opposed to a judicial record / rulings table and will post it here when done. The completed table will be similar to the table on Judge Hackworth's page; however, the Opinion (i.e. majority / dissenting) column will not be included. The .pdfs in the disposition column, at this point, will also not be included.

Pantethine (talk) 21:40, 24 March 2015 (UTC)

The adjudicated cases table is a large table and a testament to Judge Schwebel's lengthy service on the Court; however, it is taking longer than expected to construct. As a result, I have decided to temporarily halt work on it and make an attempt at writing brief summaries of his opinions in the Legality of the Threat or Use of Nuclear Weapons and Military and Paramilitary Activities in and Against Nicaragua cases. Balanced summaries of his opinions in these two cases are too important to be left out of the article. Hopefully, there is also some information on his jurisprudence that can give the reader insight in to his legal philosophy and also add additional weight to the section. I expect to complete these heavily cited additions within the next couple of weeks and will post here for review by other editors.

The table of adjudicated cases will be completed after the improved article has been moved to the main page and, in my opinion, should not be placed in the the ICJ section. It is too large and will overshadow the article. The table should sit above the References and beneath the Selected works sections.

Pantethine (talk) 12:13, 9 April 2015 (UTC)

During his tenure on the Court Judge Schwebel adjudicated 38 cases and is noted by legal scholars for the length and detail of his opinions. Specifically, his dissenting opinion in Nicaragua v. United States is described as closely reasoned, impassioned exhaustive. and, by those who share his views, brilliant. He was nominated for election to the International Court of Justice during the presidency of Ronald Reagan and is considered a moderate conservative. Judge Schwebel frequently voted against the majority of his colleagues; however, also voted against his own country more than any other judge in the history of the Court. He believes that a nationalistic view, as opposed to a judicial view, undermines the American system and that, in the interpretation of some legal experts, the judicial decision making process must take in to consideration moral considerations relating to equality - beyond just a strict legalist interpretation. He resigned from the Court in 2000.

Pantethine (talk) 03:32, 20 May 2015 (UTC)

Case: Legality of the Threat or Use of Nuclear Weapons

Main Article: International Court of Justice Advisory Opinion on the Legality of the Threat or Use of Nuclear Weapons

In January of 1995, the U.N. asked the International Court of Justice to render an advisory opinion on whether or not the threat or use of nuclear weapons in any circumstance is permitted under international law. Judge Schwebel was the only judge who answered the question in an affirmative manner. Schwebel holds that the legality of the threat or use of nuclear weapons is established through state practice over many years by the world's major powers, the U.N. Security Council, the U.N. General Assembly, the Nuclear Non Proliferation Treaty and other nuclear treaties.He specifically notes that in The Nuclear Non Proliferation Treaty, the possession of nuclear weapons by the five major nuclear powers is lawful until disarmament and that inherent in possession of nuclear weapons is deterrence and deterrence, by its nature, implies threat of use.

"The policy of deterrence differs from that of the threat to use nuclear weapons by its generality but if a threat of possible use did not inhere in deterrence, deterrence would not deter. If possession by the five nuclear Powers is lawful until achievement of nuclear disarmament; if possession is the better part of deterrence; if deterrence is the better part of threat, then it follows that the practice of States -- including their treaty practice-- does not absolutely debar the threat or use of nuclear weapons."

He also holds that the principles of international humanitarian law such as proportionality in the degree of force applied, discrimination in the application of force between combatants and civilians and avoidance of unnecessary suffering of combatants, all of which antedate the invention of nuclear weapons, must also apply to nuclear weapons. He acknowledges, however, that it is extremely difficult to apply the principles of international humanitarian law with the practice of employing such destructive weapons; although not doing so, in his view, vitiates international humanitarian law. Judge Schwebel, draws a distinction between the use of nuclear weapons for countervalue, which he believes cannot be reconciled with international humanitarian law, and the tactical use of nuclear weapons against military _targets which he believes, in certain circumstances, can.

"At one extreme is the use of strategic nuclear weapons in quantities against enemy cities and industries. This so-called "countervalue" (as contrasted with "counterforce" uses directed only against enemy nuclear forces and installations) could cause an enormous number of deaths and injuries, running in some cases into the millions; and, in addition to those immediately affected by the heat and blast of those weapons, vast numbers could be affected, many fatally, by spreading radiation. Large-scale "exchanges" of such nuclear weaponry could destroy not only cities but countries, and render continents, perhaps the whole of the Earth, uninhabitable, if not at once then through longer-range effects of nuclear fallout, it cannot be accepted that the use of nuclear weapons on a scale which would -or could -result in the deaths of many millions in indiscriminate inferno and by far reaching fallout, have profoundly pernicious effects in space and time, and render uninhabitable much or all of the Earth, could be lawful."

Judge Schwebel's view that the use of tactical nuclear weapons, in certain circumstances, complies with international humanitarian law contrasts with members of the Court's majority, and other scholars, who believe that a nuclear weapon (of any yield) impacts civilians either directly or by the escalation in hostility that might follow. Judge Schwebel asserts that,in certain circumstances, such as a nuclear depth charge _targeted toward an enemy submarine, the antinomy between international humanitarian law and the use of nuclear weapons can be reconciled. He states that a nuclear depth charge does not give rise to immediate civilian casualties, meets the test of proportionality and leaves significantly less radiation in the ocean than the _targeted submarines missiles would leave on land.

Judge Schwebel characterizes the immense antinomy between the principles of international humanitarian law and nuclear weapons as a titanic tension between state practice and legal principle never before seen by the Court. He is critical of the Court's inability to conclude whether or not the threat or use of nuclear weapons is lawful or unlawful in an extreme circumstance of State self defense. In Schwebel's view, it is unacceptable that the Court rendered a non liquet on such a vital question, despite provisions in Article 38 of the Court statute intended to prevent such an outcome. Schwebel expressed his dismay by stating:

File:Secretary - General Kofi Annan at the International Court of Justice with Justice Stephen M. Schwebel (right) of the U.S.A., President of the Court..jpg] U.N. Secretary-General Kofi Annan (left) at the International Court of Justice, in May of 1999, confers with Judge Schwebel, President of the Court.

"This is an astounding conclusion to be reached by the International Court of Justice. Despite the fact that its Statute "forms an integral part" of the United Nations Charter, and despite the comprehensive and categorical terms of Article 2, paragraph 4, and Article 51 of that Charter, the Court concludes on the supreme issue of the threat or use of force of our age that it has no opinion. In "an extreme circumstance of self defense, in which the very survival of a State would be at stake", the Court finds that international law and hence the Court have nothing to say. After many months of agonizing appraisal of the law, the Court discovers that there is none. When it comes to the supreme interests of State, the Court discards the legal progress of the twentieth century, puts aside the provisions of the Charter of the United Nation of which it is "the principal judicial organ", and proclaims in terms redolent of Realpolitik its ambivalence about the most important provisions of modern international law. If this was to be its ultimate holding, the Court would have done better to have drawn on its undoubted discretion not to render an opinion at all.

Pantethine (talk) 07:22, 28 August 2015 (UTC)

Case: Nicaragua v. United States of America

Main Article: Nicaragua v. United States of America

On April 9, 1984 Nicaragua filed a complaint with the International Court of Justice stating that the United States was violating international law by using military force against Nicaragua and intervening in Nicaragua's internal affairs, in violation of its sovereignty, territorial integrity and political independence. The United States argued that the Court did not have jurisdiction to hear the case and Judge Schwebel in the first, second and third votes held to determine the Court's jurisdiction, agreed; however, on the fourth vote, despite strong admonitions by his own (U.S.) government for dismissal of the application, concurred with his fellow judges that the complaint was admissible and should be heard. Judge Schwebel also agreed with the Court that unannounced mining of Nicaragua's ports by the United States was a violation of customary international law. He noted that the unannounced mining had the potential to, and did, affect third party states. Schwebel also found that the United States violated the law of war when the Central Intelligence Agency orchestrated the publication and distribution of a manual titled, "Operaciones Sicologicas en Guerra de Guerillas."

However, with the exceptions of Judges Shigeru Oda (Japan) and Sir Robert Jennings (UK), he disagreed profoundly with interpretation of what constitutes an armed attack, under international law, by one state on another. The Court's majority found that, under international law, the arms provided by Nicaragua to the pro Nicaraguan insurgent group in El Salvador did not constitute an armed attack on the state of El Salvador by Nicaragua and, as a result, the United States did not have a right under article 51 of the U.N. Charter to collective self defense in support of its ally El Salvador. Judge Schwebel, however, felt that the scale of involvement by Nicaragua crossed a threshold of what, under customary international law, would be considered an armed attack by one state on another. He stated in his dissenting opinion that the Court's majority did not thoroughly consider the prodigious evidence that Nicaragua was aggressively supporting the insurgency in El Salvador.

"It (the Court) has excluded, discounted and excused the unanswerable evidence of Nicaragua's major and maintained intervention in the Salvadoran insurgency, and intervention which has consisted not only in provision of great quantities of small arms until early 1981, but provision of arms, ammunition, munitions and supplies thereafter and provision of command and control centers, training and communication facilities and other support before and after 1981."

Judge Schwebel views the Court as not being even handed in its interpretation of evidence and testimony. He feels that the Court paid insufficient attention to the rights of both the U.S and Nicaragua's neighbors. He found that emphasizing the rights of Nicaragua, while the U.S. claimed that Nicaragua was itself behind the guerrilla movement in El Salvador, "was incompatible with the principles of equality of States." Judge Schwebel also noted that, in his view, the very name assigned to the case indicated inherent bias and predetermined judgment. Scholars have written that Judge Schwebel was inhibited in making a case for his view due to the withdrawal of the United States from the case and, as a result, the lack of an advocate in the Court to defend U.S. policy and to attack the evidence presented by Nicaragua.

Pantethine (talk) 13:55, 8 May 2015 (UTC)

Post International Court of Justice career

Since the end of his tenure on the International Court of Justice, Judge Schwebel has acted as counsel, mediator and independent arbitrator in disputes that have involved commercial, corporate and public international law. He has been appointed in 67 arbitral proceedings that have included disputes between states and disputes between states and foreign investors. In October 2010, Schwebel was appointed by the UN Secretary-General Ban Ki-Moon as the Chairman of the Kishanganga/Neelum River Hydro-Electric Project (Pakistan v. India) Arbitration. He also acted as counsel and advocate for Columbia in its territorial and maritime delimitation dispute with Nicaragua and for Belize in its territorial, insular and maritime boundary dispute with Guatemala. In October of 2007, Schwebel was appointed to a three member tribunal tasked with determining whether or not to annul the award (on jurisdiction) rendered in the dispute between the UK registered firm Malaysian Historical Salvors and the Government of Malaysia.

Arbital fora

Schwebel has been chairman or party appointed arbitrator in International Chamber of Commerce (ICC), International Centre for Settlement of Investment Disputes (ICSID), American Arbitration Association (AAA), Arbitration Institute of the Stockholm Chamber of Commerce (SCC), London Court of International Arbitration (LCIA), Permanent Court of Arbitration (PCA),Japan Commercial Arbitration Association (JCAA) and United Nations Commission on International Trade Law (UNCITRAL) ad-hoc proceedings.

I wouldn't call ITLOS an arbitral forum (or you must call the ICJ an arbitral forum, too). --89.204.130.66 (talk) 02:42, 22 March 2015 (UTC)

Please don't overlook this point. --89.204.153.245 (talk) 17:51, 3 April 2015 (UTC)

Removed ITLOS from this section.

Pantethine (talk) 12:13, 9 April 2015 (UTC)

Notable cases

Case	Ruling date	Position	Forum	Parties	Claimant/s	Respondent	Notes
Merck Sharpe & Dohme (I.A.) LLC v. The Republic of Ecuador	Pending	Member of Tribunal	PCA	Ecuador Merck Sharpe & Dohme	Merck Sharpe & Dohme	Ecuador	In deliberations.
Yukos Investor Cases Yukos Universal Ltd. v. Russian Federation Hully Entprise Ltd. v. Russian Federation Veteran Petroleum Ltd. v. Russian Federation	July 28, 2014	Member of Tribunal	PCA	Russian Federation Yukos Universal Ltd. Hully Enterprise Ltd. Veteran Petroleum Ltd.	Yukos Universal Ltd. Hully Enteprise Ltd. Veteran Petroleum Ltd.	Russian Federation	Largest arbitration award in history (Claimants). Schwebel appointed to tribunal by Russian Federation.
Kishanganga / Neelum River Hydro Electric Project (Kashmir)	Dec. 20, 2013	Chairman of Tribunal	PCA	Pakistan India	Pakistan	India	A partial award was rendered on February 18, 2013.
Helnan International Hotels v. Arab Republic of Egypt	June 14, 2010	President of Ad-hoc Committee	ICSID	Egypt Helnan International Hotels	Helnan International Hotels	Egypt	Helnan denied claims. Arbital Tribunal's Award of July 3, 2008. annulled.
Abyei Boundary Dispute	July 22, 2009	Member of Tribunal	PCA	Sudan's People Liberation Movement Army, Government of Sudan	N/A	N/A	Award ordered redrawing of the northern, eastern and western boundaries - decreasing size of Abyei.
Malaysian Historical Salvors v. Malaysia	April 16, 2009	President of Ad-hoc Committee	ICSID	Malaysia Malaysian Historical Salvors	Malaysian Historical Salvors	Malaysia	Award on jurisdiction rendered May 17, 2007
Turkish Telecoms v. Government of Kazachstan	July 29, 2008	President of Ad-hoc Committee	ICSID	Turkish Telecoms Kazakhstan	Turkish Telecoms	Kazakhstan
Waguib Elie, George Siag and Clorinda Vecchi v. Arab Republic of Egypt	April 11, 2007	President of Committee	ICSID	Egypt Waguib Elie, George Siag, Clorinda Vecchi	Waguib Elie, George Siag, Clorinda Vecchi	Egypt	Tribunal determined Egypt had unlawfully expropriated Claimant's investment.
Barbados / Trinidad and Tobago Maritime Delimitation Arbitration	April 11, 2006	President of Tribunal	PCA	Barbados Trinidad & Tobago	Barbados	Trinidad & Tobago
Eritrea – Ethiopia Boundary Commission	April 13, 2002	Member of Commission	PCA	Ethiopia Eritrea	N/A	N/A	Commission's ruling rejected by Ethiopia. Border remains militarized and in dispute. Schwebel appointed by Eritrea.
Southern Bluefin Tuna Case	August 4, 2000	President of Tribunal	ICSID	New Zealand Australia Japan	New Zealand Australia	Japan
Eritrea / Yemen Arbitration	October 9, 1998	Member of Tribunal	PCA	Eritrea Yemen	N/A	N/A	Sovereignty of islands determined by prior use and posession. Maritime delimitation ruling rendered on Dec. 17, 1999. Schwebel appointed to tribunal by Eritrea.

typo: Bluefin

Corrected.

Pantethine (talk) 12:13, 9 April 2015 (UTC)

According to https://www.itlos.org/en/cases/list-of-cases/case-no-3-4/ Schwebel wasn't involved in ITLOS cases no. 3 and 4 (Southern Bluefin Tuna Cases (New Zealand v. Japan; Australia v. Japan), Provisional Measures). I guess an arbitration took place afterwards and Schwebel was involved but the forum wasn't ITLOS.

Yukos is missing: http://www.pca-cpa.org/showpage.asp?pag_id=1599 --89.204.130.66 (talk) 03:04, 22 March 2015 (UTC)

... and must be added. --89.204.153.245 (talk) 17:57, 3 April 2015 (UTC)

You are correct. Australia, New Zealand and Japan are parties to the (UNCLOS) convention. ITLOS is a mandate of UNCLOS and a judicial body like the International Court of Justice. The Southern Bluefin Tuna Cases (NZ v.Japan; Australia v. Japan) ITLOS cases involved the adjudication of immediate provisional measures requested by NZ & Australia to control / regulate Japan's Bluefin tuna intake until the matter could be resolved. ITLOS also ruled on Japan's claim that an arbital tribunal / court, once constituted to hear the main complaint (overfishing by Japan), would not have jurisdiction prima facie to decide the dispute. ITLOS subsequently ruled on and issued an order finding that the Arbital Tribunal, once established, would, indeed, have jurisdiction. Judge Schwebel was appointed President of this Arbital Tribunal to hear the main complaint against Japan by NZ & Australia. The ICSID was subsequently contacted to offer institutional and procedural support for the case. So, the forum is the ICSID. Thanks for pointing this out.

Pantethine (talk) 20:55, 23 March 2015 (UTC)

Three additional entries were added to the table regarding the dispute between shareholders and the Russian Federation. The Wikipedia article "Yukos shareholders v. Russia" implies that there was one collective complaint by the investors against the Russian Federation. However, the PCA lists three separate arbital tribunals with Judge Schwebel being a member of each tribunal.

Pantethine (talk) 12:13, 9 April 2015 (UTC)

... yes, but these three separate arbitrations were of course closely connected. I suggest to write the three Yukos arbitrations in one cell of your table. --89.204.130.142 (talk) 23:19, 3 June 2015 (UTC)

Made changes to the table; however, it needs additional work. The displayed table has a number of issues in its current form and is a temporary idea holder. The Yukos case also needs a brief summary in the "Post International Court of Justice career" section similar to case summaries in the ICJ section.

Pantethine (talk) 18:07, 10 June 2015 (UTC)

Now Yukos looks like one case instead of three separate but closely connected cases. It's Malaysian Historical Salvors v. Malaysia instead of Egypt. Corrected. --89.204.153.102 (talk) 00:37, 11 June 2015 (UTC)

I made some additional changes. I think Yukos now looks like three separate but closely related cases. What do you think? Do you have any other thoughts?

Pantethine (talk) 19:22, 11 June 2015 (UTC)

I think the table looks good now. Yukos: footnote instead of direct link. Changed ″Limited" to ″Ltd″. Perhaps it is enough to mention Russia as ″Respondent″ only once. Typos corrected. One Egyptian flag is missing. This is an important case too http://www.pca-cpa.org/showpage.asp?pag_id=1486 but it is still ongoing. 89.204.137.49 (talk) 02:19, 20 June 2015 (UTC)

I made the changes you suggested.

I am also thinking there should be an additional column titled "Date of ruling" or "Date of disposition". The cases in the table would then be reorganized by date of disposition and not by Judge Schwebel's position or the forum of the case. This would place the Merck case he is currently adjudicating at the top of the table. The Merck case would be categorized within the column as "on-going" or "in progress". So, the addition of the column would give the reader immediate knowledge of his active case/s. What do you think? FYI,I will be busy the next couple of weeks; however, have allocated time to complete the article when I get back.

Pantethine (talk) 21:29, 30 June 2015 (UTC)

I think such an additional column is a good idea. I made some changes. You may check them. I'm not sure about the term ″Committee″ in the PCA cases. ″Tribunal″ could be correct – at least sometimes. References to some of the cases are missing. --89.204.135.112 (talk) 00:34, 3 July 2015 (UTC)

I made further changes. You may check them as well. References to some of the cases are still missing. You may add the Eritrea / Yemen Arbitration http://www.pca-cpa.org/showpage6e71.html?pag_id=1160 --89.15.236.81 (talk) 01:21, 22 August 2015 (UTC)

Current positions

• President, Administrative Tribunal of the World Bank, 2010 - Present (Member, 2007 - Present).
• Member, Permanent Court of Arbitration (PCA), The Hague, The Netherlands, 2006 - Present.
• Member, Board of Directors of the American Arbitration Association, 2006 - Present.
• Member, Panel of Arbitrators of the Japan Commercial Arbitration Association, 2003 - Present.
• Member, Institut pour le Arbitrage International, 2001 - Present.
• Member, Panel of Conciliators and of Arbitrators of the International Centre for Settlement of Investment Disputes (ICSID), 2000 - Present.
• Member, International Centre for Dispute Resolution Roster of Neutrals of the AAA, 2000 - Present.
• Editor (honorary), American Journal of International Law, 1996 - Present (Member of the Board of Editors, 1967 - 1981).
• Member, Institute de Droit International, 1981 - Present.
• Council on Foreign Relations, 1956 - Present.
• Member, the American Society of International Law, 1956 - Present.
• Member, International Law Association, 1956 - Present.

Past non elected positions

File:International Court of Justice Hears the Case Concerning Continental Shelf (Tunisia v. Libya).jpg

Judge Schwebel, fourth from left at bench, stands between colleagues Judge Mohammed Bedjaoui and Judge Robert Ago during hearing of the case, Continental Shelf (Tunisia v. Libya/Malta) in June of 1985.

• International Monetary Fund Administrative Tribunal

President of Tribunal, 1994 - 2010

• American Society of International Law

Honorary Vice President, 1996 - 2001

Honorary Vice-President, 1983 - 1996

Executive Vice President & Executive Director, 1967 - 1973

• United Nations International Law Commission, Geneva Switzerland

Special Rapporteur on the Law of the Non-Navigational Users of International Watercourses, 1977 - 1981

Chairman of the Drafting Committee, 1978

Member, 1977 - 1981

• United States Department of State, Washington, D.C., USA

Deputy Legal Adviser, 1974 - 1981

Counselor on International Law, 1973

Consultant to the Department of State, 1967 - 1973

Special Assistant to the Assistant Secretary of State for International Organization Affairs, 1966 - 1967

Assistant Legal Adviser for United Nations Affairs, 1961 - 1966

United Nations - UNCTAD Working Group on a Charter of Economic Rights and Duties of States (1973 - 1974)

United Nations - Special Committee on the Question of Defining Aggression (1971)

United Nations - Special Committee on Principles of International Law concerning Friendly Relations and Co-operation among States (1964)

United Nations - Legal Adviser to the United States delegation, and Alternate Representative in the Sixth Committee, during sessions of the U.N. General Assembly, 1961 - 1965

• Johns Hopkins University School of Advanced International Studies

Burling Professor of International Law, 1967 - 1981

• Harvard Law School

Assistant Professor of Law, 1959 - 1961

• White & Case LLP, New York

Attorney, 1954 - 1959

Awards

Schwebel as the keynote speaker at the 2014 final of the Philip C. Jessup International Law Moot Court Competition. Schwebel wrote the first compromis for the competition in 1959–60.

• Honorary Fellow, Trinity College, Cambridge University, 2005
• LL.D, University of Miami, 2002 (honorary)
• Honorary President, American Society of International Law, 1996 - 2001
• Manley O. Hudson Medal, American Society of International Law, 2000
• Honorary Bencher, Grays Inn, London, 1998
• Wolfgang Friedman Award, Columbia University Law School, 1998
• Medal of Merit, Yale Law School, 1997
• LL.D Hofstra University, 1997 (honorary)
• Presidential Medal, The Johns Hopkins University, 1992
• Weill Medal, New York University School of Law, 1992
• LL.D,Bhopal University, India, 1983 (honorary)
• Gherini Prize, Yale Law School, 1954
• Frank Knox Memorial Fellowship, Harvard University, 1950
• Phi Beta Kappa, Harvard University, 1950

Selected works

• "International Arbitration: Three Salient Problems (Hersch Lauterpacht Memorial Lectures)." 1993, Cambridge.
• "Justice in International Law - Selected Writings of Judge Stephen M. Schwebel." 2008, Cambridge.
• "Justice in International Law - Further Selected Writings." 2011, Cambridge.
• "The Secretary-General of the United Nations: His Powers and Practice." 1952, Harvard.

typo: Lauterpacht --89.204.130.66 (talk) 03:10, 22 March 2015 (UTC)

Corrected.

Pantethine (talk) 12:13, 9 April 2015 (UTC)

Error messages

There are error messages at the end of the article like this one: ″Cite error: Invalid (ref) tag; name "primefinance1" defined multiple times with different content″. --89.15.238.39 (talk) 22:08, 11 October 2015 (UTC)

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