The current boom of investment arbitration under NAFTA as well as ICSID and other arbitral regimes has demonstrated that the enforcement of treaty obligations has become a standard feature of international law in this particular field of international economic law. The increased probability of actual enforcement of international standards of investment protection is generally welcomed in a system, such as the international legal order, which normally suffers from rather weak enforcement structures. At the same time, the proliferation of investment dispute settlement mechanisms bears its own risks. The concurrent availability of different investment dispute settlement mechanisms may lead to parallel proceedings or to the re-litigation of already decided cases. The CME/Lauder v. Czech Republic arbitrations where the same dispute was arbitrated under two different bilateral investment agreements and the CMS v. Argentina and the LG&E v. Argentina cases where similar issues were addressed demonstrate the inherent danger of a multiplication of procedures if the answers found by different tribunals are contradictory. The proliferation of investment disputes has broader structural implications which need to be addressed in order to secure the viability of this system of international arbitration.

August Reinisch is professor of public international law and European law at the University of Vienna. From 2004 to 2006 he served as Dean for International Relations of the Law School of the University of Vienna. He is also a professional lecturer at the Bologna Center/SAIS of Johns Hopkins University. He currently serves as arbitrator on the In Rem Restitution Panel according to the Austrian General Settlement Fund Law 2001 and as president of an UNCITRAL investment arbitration.

He holds Master's degrees in philosophy (1990) and in law (1988) as well as a doctorate in law (1991) from the University of Vienna and an LL.M. (1989) from NYU Law School. He is admitted to the Bar of New York and Connecticut (since 1990).

Ambassador Scharioth, who joined the Foreign Service in 1976, previously served as state secretary of the Federal Foreign Office (2002-2006), political director and head of the Political Directorate-General (1999-2002), head of the International Security and North America Directorate (1998-1999), head of the Office of the Foreign Minister (1998), head of the Defense and Security Policy Division at the Federal Foreign Office (1996-1997), and chef de cabinet to the NATO secretary-general in Brussels (1993-1996). In addition, he worked in the International Law Division of the Federal Foreign Office (1990-1993), the German Permanent Mission to the United Nations in New York (1986-1990), the Policy Planning Staff of the Federal Foreign Office (1982-1986), the German Embassy in Ecuador (1979-1982), and the Asia Division, Press Division and State Secretary's Office at the Federal Foreign Office (1977-1979).

Ambassador Scharioth holds a master's of arts degree, a law degree and a doctorate from the Fletcher School of Diplomacy.

Peter Maurer is Switzerland's first Ambassador and Permanent Representative to the United Nations, assuming the position in September 2004, when Switzerland became the body's 190th member. He was a leader of the ultimately successful effort to establish the Human Rights Council in early 2006.

Maurer studied history, political science and international law at universities in Berne and Perugia, obtaining his Ph.D. from the University of Berne in 1983. After lecturing at the university's Institute for Contemporary History, he joined Switzerland diplomatic service in 1987. He was immediately posted to Switzerland's embassy in South Africa. There he witnessed the violent last throes of the Botha regime, and the first steps towards reforming and ultimately eliminating apartheid.

Maurer returned to Switzerland and became Secretary to the State Secretary for Foreign Affairs. In 1996 he was posted to New York where he served as Deputy Permanent Observer of the Swiss Mission to the UN. In May 2000 he assumed the rank of Ambassador and returned to Berne to become head of Political Affairs Division IV (Human Security). In that capacity, Maurer managed Switzerland's increasingly robust and innovative human rights diplomacy, launching, among other initiatives, the Berne process, a grouping of countries engaged in human rights dialogues with China.

Ambassador Maurer will talk about the UN Human Rights Council, of which Switzerland was in the forefront of creating. He will address questions related to Europe: how European human rights and security issues are being treated within the UN, and will attempt to answer the question of why the Swiss people have embraced the UN but have been reluctant to join the European Union.

Sponsored by Forum on Contemporary Europe and Stanford Law School.

Event Synopsis:

Ambassador Maurer describes Switzerland's decision to join the United Nations and outlines the achievements it has made in the 5 years since gaining membership. These achievements encompass a broad human security agenda and include developing mine detection technology, combatting small arms dealing, improving natural disaster preparedness, and promoting accountability for crimes against humanity and for the actions of UN peacekeeping troops. Switzerland was a strong supporter of the International Criminal Court and has pushed for improvements to the UN's mediation processes. It has also shaped discussion about the reform of the UN Commission on Human Rights.

Ambassador Maurer then offers prospects for issues such as engagement with North Korea, trans-regional alliances on issues of human rights, and the future of the Human Rights Council. He also describes recent cooperation with China and Russia on the topic of human rights. Moving forward, Ambassador Maurer believes Switzerland's best option for making its voice heard on the international stage will be to expand existing partnerships with European universities and to mobilize applied scientific research to help solve the world's most pressing issues.

A discussion session following the talk raised such issues as: What is Switzerland's approach to the areas of the world, for example those under Sharia law, where international human rights are not a common value? How will the western and non-western parts of the world bridge their very different approaches to human rights? Can cultural influence be more effective than formal multilateral institutions like the UN on certain issues? Should existing organizations like the ICRC deal with refugees from environmental degradation (like rising sea levels)? Is there conflict between different international organizations who deal with the same agenda items, such as between the EU and UN?

Luis Moreno-Ocampo was unanimously elected by the Assembly of States Parties to the Rome Statute of the International Criminal Court on April 21, 2003. Between 1984 and 1992, as a prosecutor in Argentina, Mr. Moreno-Ocampo was involved in precedent-setting prosecutions of top military commanders for mass killings and other large scale human rights abuses.

He was assistant prosecutor in the "Military Junta" trial against Army commanders accused of masterminding the "dirty war," and other cases of human rights violations by the Argentine military. Mr. Moreno-Ocampo was the prosecutor in charge of the extradition from investigation and prosecution of guerrilla leaders and of those responsible for two military rebellions in Argentina. He also took part in the case against Army commanders accused of malpractice during the Malvinas/Falklands war, as well as in dozens of major cases of corruption.

In 1992, Mr. Moreno-Ocampo resigned as Chief Prosecutor of the Federal Criminal Court of Buenos Aires, and established a private law firm, Moreno-Ocampo & Wortman Jofre, which specializes in corruption control programs for large firms and organizations, criminal and human rights law. Until his election as Chief Prosecutor of the International Criminal Court, Mr. Moreno-Ocampo worked as lawyer and as Private Inspector General for large companies. He also took on a number of pro bono activities, among others as legal representative for the victims in the extradition of former Nazi officer Erich Priebke to Italy, the trial of the chief of the Chilean secret police for the murder of General Carlos Prats, and several cases concerning political bribery, journalists' protection and freedom of expression.

Mr. Moreno-Ocampo also worked with various local, regional, and international NGO's. He was the president of Transparency International for Latin America and the Caribbean. The founder and president of Poder Ciudadano, Mr. Moreno-Ocampo also served as member of the Advisory Board of the "Project on Justice in Times of Transition" and "New Tactics on Human Rights."

Mr. Moreno-Ocampo has been a visiting professor at both Stanford University and Harvard University.

Sponsored by the Stanford Law School, the Program on Global Justice, the Forum on Contemporary Europe, the Stanford Film Lab, VPUE, and the Introduction to the Humanities Program.