Originally from Investment Treaty Arbitration and International Law - Volume 12

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MR. TODD WEILER: Don has to catch a train back to New York to be part of a signing ceremony for an important international law dispute, so he, as a result, will be doing his opening address now rather than at lunchtime. Perhaps at lunchtime, Borzu and Ian can do that soft shoe routine that they like doing so much together instead.  That might help things move along.

So, Donald McRae is an emeritus professor at the University of Ottawa. He is also a member of the International Law Commission. He is also an advisor to both the Government of New Zealand and the Government of Canada on both trade and international investment law matters. And he is also a member of numerous international associations, and he has a long and storied history in international dispute settlement, both public international law as well as economic law, which is subcomponent.

So, I’m very, very delighted that Don was able to speak to us this year, and I’m looking forward to his presentation.

Don?

MR. DONALD MCRAE: Good morning. Thank you, Todd, for that introduction, and thank you to the organizers for inviting me here today.

I apologize for having to rush in and rush out. I had been involved on a Conciliation Commission in a dispute between Australia and Timor Leste over their maritime boundary. They now have an agreement, and they are signing it today in New York.

Before starting, I would like to note the passing of David Caron. David and I were colleagues in the law of the sea days, and then we sat on the Cargill  tribunal as co arbitrators. And, a few weeks ago, we were talking about my joining an arbitration that he was on as the presiding arbitrator. So, David is a great loss personally and to the field.

Now, I think it’s quite a challenge to speak to a group so full of people with substantial experience in international investment arbitration. I regard myself as a latecomer to the field, so probably anything I say is not going to be new to you at all. I was a latecomer because my work had been in public international law, international maritime boundaries and Law of the Sea, and then international trade law.