Frédéric G. Sourgens Publications, Presentations, and Other Activity

Articles in Law Reviews and Other Scholarly Journals

"The Privacy Principle," __ Yale Journal of International Law ___ (forthcoming 2017).

"Supernational Law" __ Vanderbilt Journal of Transactional Law ___ (forthcoming 2016-2017).

"The Virtue of Path Dependence in the Law," 56 Santa Clara Law Review 303 (2016).

"The End of Law: The ISIL Case Study for a Comprehensive Theory of Lawlessness," 39 Fordham International Law Journal 355 (2015).

Functions of Freedom, Privacy, Autonomy, Dignity, and the Transnational Legal Process, 48 Vanderbilt Journal of Transnational Law 471(2015).

"Reconstructing International Law as Common Law," 47 George Washington International Law Review 1 (2015).

"Reason and Reasonableness: The Necessary Diversity of the Common Law," 67 Maine Law Review 73 (2014).

"Uncommon Remedies in International Dispute Resolution," 107 Proceedings of the Annual Meeting-American Society of International Law 33 (2014) (co-authored with Isabel Fernández de la Cuesta, Jennifer Gorskie, Carmen Martinez López, James Upcher, Elizabeth Whitsitt, and Jarrod Wong).

"Law's Laboratory: Developing International Law on Investment Protection as Common Law," 34 Northwestern Journal of International Law & Business 181 (2014).

"What is a Distressed Investor to Do?," 1 Journal of Damages in International Arbitration 103 (2014) (co-authored with Michael D. Nolan). Reprint of 2 Transnational Dispute Management (2008).

Die Geister Die Ich Rief, Uncommon Remedies in International Dispute Resolution, 107 American Society of International Law Proceedings 33 (with co-authors: 2013).

"Keep the Faith: Investment Protection Following the Denunciation of International Investment Agreements," 11 Santa Clara Journal of International Law 335 (2013).

"Doubling Down on Deference? Treatment Standards and the Public Law Fallacy," 7 World Arbitration and Mediation Review 379 (2013) (co-authored with Baiju Vasani).

"By Equal Contest of Arms: Jurisdictional Proof in Investor-State Arbitrations," 38 North Carolina Journal of International Law and Commercial Regulation 875 (2013).

"Issues of Proof of General Principles of Law in International Arbitration," 4 World Arbitration & Mediation Review 505 (2009).

"ABA Year in Review: International Commercial Dispute Resolution," 42 International Lawyer 362 (2008) (co-author).

"What Is a Distressed Investor To Do?" 2 Transnational Dispute Management (2008) (co-author with Michael D. Nolan). Reprinted 1 Journal of Damages in International Arbitration 103 (2014).

"Comparative Law as Rhetoric: an Analysis of the Use of Comparative Law in International Arbitration," 8 Pepperdine Dispute Resolution Law Journal 1 (2007).

"A Preliminary Comment – The Interplay Between State Consent to ICSID Arbitration and Denunciation of the ICSID Convention: The (Possible) Venezuela Case Study," Transnational Dispute Management (2007) (co-author with Michael D. Nolan).

"Positivism, Humanism, and Hegemony: Sovereignty and Security for Our Time," 25 Penn State International Law Review 433 (2007).

"ICSID Arbitration and the Importance of Public Accountability of a Private Judicature: A Roman Law Perspective," 9 International Community Law Review 59 (2007).

Books and Monographs

International Petroleum Transactions (as contributing author with editors Ernest Smith, John S. Dzienkowski, Owen Anderson, John Lowe, Jacqueline Weaver, and Harry Sulivan and contribution author Keith Hall) (Rocky Mountain Mineral Law Foundation, forthcoming 2017).

Co-editor, International Petroleum Arbitration (with Teddy Baldwin) (Rocky Mountain Mineral Law Foundation, forthcoming 2017).

Co-editor, Evidence in International Investment Arbitration (with Ian A. Laird and Kabir Duggal) (Oxford University Press, forthcoming 2016).

Co-editor, Investment Treaty Arbitration and International Law - Volume 9 (with Ian A. Laird, Borzu Sabahi, and Todd J. Weiler) (Juris Publishing, 2016).
» See publisher's website for description and ordering information.

A Nascent Common Law: The Process of Decisionmaking in International Legal Disputes Between States and Foreign Investors. International Litigation in Practice Series. (Koninklijke Brill, 2015).
» See publisher's website for description and ordering information.

Co-editor, Investment Treaty Arbitration and International Law - Volume 8 (with Ian A. Laird, Borzu Sabahi, and Todd J. Weiler) (Juris Publishing, 2015).
» See publisher's website for description and ordering information.

Co-editor, Investment Treaty Arbitration and International Law - Volume 7 (with Ian A. Laird, Borzu Sabahi, and Todd J. Weiler) (Juris Publishing, 2014).
» See publisher's website for description and ordering information.

Co-editor, Investment Treaty Arbitration and International Law - Volume 6 (with Ian A. Laird, Borzu Sabahi, Todd J. Weiler and Associate Editor, Kabir Duggal) (Juris Publishing, 2013).
» See publisher's website for description and ordering information.

Contributing Editor, Reports of Overseas Private Investment Corporation Determinations (edited by Mark Kantor, Michael D. Nolan and Karl P. Sauvant) (Oxford University Press: 2011).

Contributor, International Investment, Political Risk and Dispute Resolution (N. Stephan Kinsella and Noah D. Rubins) (Oxford University Press: 2005).

Chapters in Books

"Dispute Resolution and Political Risk" in International Petroleum Transactions (Rocky Mountain Mineral Law Foundation, forthcoming 2016).

"Political Risk Insurance and Guarantees from Public Providers" (with Michael Nolan & Mark Rockefeller) in Transnational Law of Public Contracts (edited by Mathias Audit & Stephan Schill) (Bruylant, 2016).

"The Stability Function of Natural Resource Arbitration" in Investment Treaty Arbitration and International Law - Volume 9 (edited by Ian A. Laird, et al.) (Juris Publishing, 2016).

"Administrative Law in the United States" (with Raymond Diamond) in Angloamerikanische Rechtssprache, Volume 3 p. 61 (edited by Franz J. Heidinger & Andrea Hubalek) (LexisNexis Verlag Wien, 2016).

"Constitutional Law in the United States" (with Raymond Diamond) in Angloamerikanische Rechtssprache, Volume 3 p. 1 (edited by Franz J. Heidinger & Andrea Hubalek) (LexisNexis Verlag Wien, 2016).

"Fundamentals Revisited" in Investment Treaty Arbitration and International Law - Volume 8 (edited by Ian A. Laird, et al.) (Juris Publishing, 2015).

"International Investment Law and Arbitration: 2013 in Review" (with Ian A. Laird, Borzu Sabahi, Nicholas J. Birch, and Kabir Duggal) in Yearbook on International Investment Law & Policy 2013-2014 (edited by Andrea Bjorklund) (Oxford University Press, 2015).

"International Investment Law and Arbitration: 2012 in Review" (with Nicholas Birch, Kabir Dugal, Ian Laird & Borzu Sabahi) in Yearbook on International Investment Law & Policy 2012-2013 (edited by Andrea Bjorklund) (Oxford University Press, 2014).

"Is it Time for a Regime Change? Protecting International Energy Investments against Political Risk" in Investment Treaty Arbitration and International Law - Volume 7 (co-edited with Ian A. Laird, Borzu Sabahi, Todd J. Weiler) (Juris Publishing, 2014).

"Public Contract Guarantees by National Institutions" (co-author with Michael Nolan and Mark Rockefeller) in The Internationalization of Public Contracts (edited by Mathias Audit & Stephan Schill) (Bruylant: 2014).

"Free Trade à l'Americaine -- NAFTA, DR-CAFTA and Beyond" in Investment Treaty Arbitration and International Law - Volume 6 (co-edited with Ian A. Laird, Borzu Sabahi, Todd J. Weiler and Kabir Duggal Associate Editor (Juris Publishing, 2013).

"International Investment Law and Arbitration: 2011 in Review" (with Ian A. Laird, Borzu Sabahi & Nicholas J. Birch) in Yearbook on International Investment Law & Policy 2011-2012 p. 41 (edited by Karl P. Sauvant) (Oxford University Press, 2013).

"Leviathan on Life Support? Restructuring Sovereign Debt and International Investment Protection after Abaclat" (with Michael D. Nolan & Hugh Carlson) in Yearbook on International Investment Law & Policy 2011-2012 p. 485 (edited by Karl P. Sauvant) (Oxford University Press, 2013).

"International Investment Law and Arbitration: 2010 in Review" (with Ian A. Laird, Borzu Sabahi and Nicholas J. Birch) in Yearbook on International Investment Law & Policy 2010-2011 p. 62 (edited by Karl P. Sauvant) (Oxford University Press, 2012).

"The Limits of Discretion? Self-Judging Emergency Clauses in International Investment Agreements" (with Michael D. Nolan) in Yearbook on International Investment Law & Policy 2010-2011 p. 362 (edited by Karl P. Sauvant) (Oxford University Press, 2012).

"International Investment Law and Arbitration: 2008/2009 in Review" (with Ian A. Laird, Borzu Sabahi and Sobia Haque) in Yearbook on International Investment Law & Policy 2009-2010 (edited by Karl P. Sauvant) (Oxford University Press, 2010).

"Limits of Consent: Arbitration Without Privity and Beyond" (with Michael D. Nolan) in Liber Amicorum for Bernardo Cremades, p. 873 (edited by M. Á. Fernández-Ballesteros and David Arias) (Kluwer: 2010).

"Annulment and Judicial Review - How "Final" Is an Award?" (with Dmitri Evseev, Christopher F. Dugan, Oscar M. Garibaldi, Stanimir Alexandrov, Stephen Jagusch) in Investment Treaty Arbitration and International Law - Volume 2 (edited by Ian A. Laird and Todd Weiler) (Juris Publishing, 2009).

"A Comparative Analysis of Systemic Change at ICSID" in Investment Treaty Arbitration and International Law - Volume 2 (edited by Ian A. Laird and Todd Weiler) (Juris Publishing, 2009).

Book Reviews

"Truth in Method," review of The Interpretation of International Investment Law: Equality Discrimination and Minimum Standards of Treatment in Historical Context by Dr Todd Weiler (Martinus Nijhoff, The Hague, Netherlands 2013), 29:1 ICSID Review 247 (2014).

Editorial Appointments

Editorial Committee Member, Philip C. Jessup International Moot Court Compromis, International Law Students Association, 2015-2016 Compromis (The Case Concerning the Frost Files).

Editorial Board Member, Brill Research Perspectives: International Investment Law and Arbitration (published by Brill| Nijhoff), February 2015-.

Peer Reviewer, Journal of World Investment & Trade (published by Brill | Nijhoff), 2015-.

Member News Editor, American Society of International Law Private International Law Interest Group Newsletter, August 2014-.

Corresponding Editor, International Legal Materials (published by the American Society of International Law), April 2014-.

Peer Reviewer, Journal of International Dispute Resolution (Oxford University Press), 2014-.

Managing Editor, Investment Claims (Oxford University Press), 2013-2015.

Editor, Investment Claims (Oxford University Press), 2010- December 2012.

Peer Reviewer, ICSID Review (Oxford University Press), March 2012-.

Co-Reporter, Japanese Bilateral Investment Treaties, Investment Claims (Oxford University Press: 2012).

Peer Reviewer, Oxford University Press, 2010-.

Reporter, French Bilateral Investment Treaties, Investment Claims (Oxford University Press: 2008).

Peer Reviewer, Oxford University Press, Law (Practitioner Publications).

Other Publications

Creating Conduits: Summary Report of the First Annual Oxford Investment Claims Summer Academy, St. Anne’s College (Oxford) (with Diane Desierto & Ian Laird), EJIL: Talk! (Aug. 12, 2015).

"A Bit of a Virtual Vade Mecum" OUPblog (July 24, 2013).

"The U.S. and EU Debt Crises in International Law: A Preliminary Review," Wall Street Lawyer (October 2011) (co-author with Michael D. Nolan).

"Recent Trends in Public Political Risk Instance Coverage," 2011 Corporate Finance Review 13 (May/June 2011) (co-author with Michael D. Nolan and Christina Totino).

"State-Controlled Entities as Claimants in International Investment Arbitration: An Early Assessment," Columbia FDI Perspectives, no. 32 (December 2, 2010) (Vale Columbia Center on Sustainable International Investment) (co-author with Michael D. Nolan).

"The Importance of History: Reflections on Lassa Oppenheim's 150th Birthday," 5:3 Friends of Jessup Newsletter20 (Spring 2009).

"Norway: Arbitration in Norway," 12(1) Arbitration Committee Newsletter 23 (May 2007) (International Bar Association) (co-author).

Editor, 2006 International Arbitration Report (Fulbright & Jaworski).

"Glem ikke Østerrike!," Op-ed section, Universitas, vol. 54, issue 8, dated March 8, 2000.

Presentations

"Supernational Law – How Investment Tribunals Avoid Favoring the Interests of Multinationals Over the Public Policy Concerns of Host States," Fall 2016 International Investment Law and Policy, Columbia Law School, September 26, 2016.

"Internal Preparation of a Case in International Arbitration," 2016 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 24, 2016.

Panelist, "Meet the Author Expert Panel," Philip C. Jessup International Moot Court Competition, April 2, 2016.

Speaker, "Is the Vienna Convention on the Law of Treaties Dead in BIT Arbitration?," Oxford University Press Investment Claims Webinar Series, October 20, 2014.

"Frack that! Can Investment Treaties Provide Effective Protections Against Fracking Bans?," 2014 Selected Topics and Miscellany CLE, Washburn University School of Law, Topeka, Kansas, June 27, 2014.

Panelist, "Applicable Law in Transnational Proceedings, Comparative Law and Rhetoric in International Arbitration," National Commercial Law Week, National Center for Commercial Law, sponsored by USAID, Free University of Tbilisi, Tbilisi, Georgia, May 25, 2014.

Panelist, "Recognition and Enforcement of Interim Measures Issued by International Arbitral Tribunals," National Commercial Law Week, National Center for Commercial Law, sponsored by USAID, Free University of Tbilisi, Tbilisi, Georgia, May 25, 2014.

Lecturer, "Political Risk and Government Change: The Good, the Bad and the Ugly," National Center for Commercial / National Institute for Human Rights, sponsored by USAID, Free University of Tbilisi, Tbilisi, Georgia, May 24, 2014.

Lecturer, "Iura Novit Curia in Investor-State Arbitration," National Center for Commercial Law / National Institute for Human Rights, sponsored by USAID, Free University of Tbilisi, Tbilisi, Georgia, May 23, 2014.

Guest Lecturer, "Nullity in International Law," Georgetown University Law Center, Washington, D.C., April 11, 2014.

Moderator, "The Interpretation of International Investment Law," Young International Centre for the Settlement of Investment Disputes (World Bank), Washington, D.C., February 27, 2014.

Faculty, "Discovery in International Arbitration Skills Training Workshop," Young ICCA, Boston, Massachusetts, October 7, 2013.

Guest Lecture, "Annulment of International Centre for Settlement of Investment Disputes (ICSID) Awards, A Functional Analysis," Columbia Law School, New York, New York, April 19, 2013.

Moderator, "Uncommon Remedies in International Dispute Resolution," 107th Annual Meeting of the American Society of International Law, Washington, DC, April 4, 2013.

Panelist, Club Español del Arbitraje & American University Washington College of Law, Investment Arbitration in Latin America, 2011.

Panelist, Annulment, Juris Conference Investment Treaty Arbitration and International Law, 2008.

Conferences Planned

Co-Chair, Oil and Gas Investment Arbitrations II: Celebrating 40 Years of Lex Petrolea, Second Houston Annual Conference Oil and Gas Investment Arbitration 2015, University of Houston Law Center, Georgetown International Law Institute & Washburn Oil and Gas Law Center, Houston, Texas, October 30, 2015.

Co-Chair, First Annual Oxford Investment Claims Summer Academy, Oxford University Press and Investment Claims, St. Anne's College, Oxford, United Kingdom, July 13-14, 2015.

Co-Chair, Investment Treaty Arbitration and Natural Resources, Ninth Annual Investment Treaty Arbitration Conference, Washington, D.C., Feb. 26, 2015.

Co-Chair, Oil and Gas Investment Arbitrations: Protecting Oil and Gas Projects Against Political Risk, University of Houston Law Center, Georgetown International Law Institute & Washburn Oil and Gas Law Center, Houston, Texas, October 31, 2014.

Co-Chair, New Developments in Investment Treaty Arbitration: A Return to Fundamentals?, Eighth Annual Investment Treaty Arbitration Conference, Washington, D.C., March 28, 2014. (Keynote address by George Kahale III nominated for Global Arbitration Review best speech in 2014.)

Co-Chair, BIT, Contract, or a Bit of Both? Investor-State Dispute Resolution in the Energy Sector, Seventh Annual Investment Treaty Arbitration Conference, Washington, DC, April 22, 2013.

Co-Chair, NAFTA, CAFTA and Beyond? Investment Protection in the Americas, Sixth Annual Investment Treaty Arbitration Conference, Washington, DC, March 27, 2012.

Professional Service

Member, Academic Council, Institute for Transnational Arbitration, 2016.

Co-Chair, Private International Law Interest Group, American Society of International Law, April 2016 - April 2018.

Selection Committee Member, Jus Gentium Research Award Selection Committee, American Society of International Law, International Legal Research Interest Group, 2015.

Prize Committee Member, Private International Law Prize Committee, American Society of International Law, Private International Law Interest Group, 2015.