Academic journal article Proceedings of the Annual Meeting-American Society of International Law

The Role of Legal Norms in Mediation and Negotiation: Views from the Field

Academic journal article Proceedings of the Annual Meeting-American Society of International Law

The Role of Legal Norms in Mediation and Negotiation: Views from the Field

Article excerpt

This panel was convened at 9:00 a.m., Friday, March 25, by its moderator, Nicolas Michel of the Geneva University Law Faculty and the Geneva Graduate Institute of International and Development Studies, who introduced the panelists: John Crook of George Washington University Law School; Joel Hernandez of the Ministry of Foreign Affairs of Mexico; Jennifer Lake of Independent Diplomat; and Lamia R. Matta of Miller & Chevalier.


Good morning, everyone. My name is Omar Dajani. I am a professor at the University of the Pacific, McGeorge School of Law, and also on the program committee this year. It's a very great pleasure to welcome you to this panel on the role of legal norms in negotiation and mediation.

The fantastic roundtable participants whom we have assembled will be introduced by our moderator, Nicolas Michel, but I wanted to join Nicolas in thanking them for participating and also to introduce Nicolas, who is a professor of international law in Geneva and who formerly served as United Nations legal counsel and as a legal advisor to the Swiss Foreign Ministry.


Thank you very much, Omar, and for what you did, you and your colleagues, for setting up this panel. Thank you and congratulations. It was definitely not easy, so thank you very much for gathering us.

I will very briefly introduce the members of the panel and then explain to you how we are going to proceed. Starting immediately next to me, we have John Crook. He has been so active and done so many things that we cannot do justice to everything he has done. John teaches international arbitration at George Washington University Law School. He sits as an arbitrator under NAFTA and edits the American Journal of International Law's section on contemporary U.S. practice relating to international law. John served for nearly three decades in the U.S. State Department's Office of the Legal Adviser. He was the second U.S. Agent at the Iran-U.S. Claims Tribunal in The Hague, was deeply involved in creating the UN Compensation Commission in Geneva, and appeared in several cases before the International Court of Justice. From 2000 to 2004, he was general counsel of the Multinational Force and Observers, an international organization operating an 1,800-soldier peacekeeping force in the Sinai Desert in Egypt. He was a party-appointed commissioner on the EritreaEthiopia Claims Commission, which successfully addressed extensive claims for injuries to persons and properties stemming from the 1998-2000 war between the two countries. John has written extensively on dispute settlement and is a frequent consultant to counsel on ICSID and other proceedings. He is active in the American Society of International Law and was been nominated to become an ASIL vice president at ASIL's 2011 Annual Meeting.

Next to John, we have Ambassador Joel Hernandez. He is the Legal Advisor to the Ministry of Foreign Affairs of Mexico, and has been there now for almost six years. A career diplomat,

Ambassador Hernandez joined the Foreign Service of Mexico in 1992. He served as Deputy Consul General of Mexico in New York, Alternate Permanent Representative of the United Nations Office in Vienna, and Director-General for UN Affairs. He also has extensive judicial experience. He was the agent of Mexico in the request for interpretation of the judgment of the ICJ in the Avena case. He has also been co-agent of Mexico in various cases before the Inter-American Court of Human Rights, and in addition, he served as Associate Legal Officer at the United Nations Office for the Law of the Sea. Ambassador Hernandez earned his bachelor of laws degree from the School of Law of the National Autonomous University of Mexico, and he also holds a master of laws degree from New York University School of Law.

Next to him is Jennifer Lake. Jennifer is a Legal Advisor to Independent Diplomat. …

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