This panel will provide a comparative analysis of the law and practice of international courts, state courts and tribunals regarding fact-finding. It will review the constitutive acts of various international judicial bodies to identify and assess common fact-finding mechanisms and suggest improvements. Examples of the case law will also be examined to show the strengths and weaknesses in fact-finding, with particular emphasis on questions of burden and standards of proof, the assessment of different types of evidence and the use of witnesses and experts.
Lisa Grosh is a Deputy Assistant Legal Adviser, U.S. Department of State in the International Claims and Investment Disputesm Office.
Dame Rosalyn Higgins
Rosalyn Higgins is the former President of the International Court of Justice.
Higgins was the first female judge to be appointed to the ICJ and was elected President in 2006.
Sean D. Murphy
Before joining the GWU Law School faculty in 1998, Professor Murphy served as legal counselor at the U.S. Embassy in The Hague, arguing several cases before the International Court of Justice and representing the U.S. government in matters before the International Criminal Tribunal for the former Yugoslavia, the Permanent Court of Arbitration, and The Hague Conference on Private International Law. He also served as U.S. agent to the Iran-U.S. Claims Tribunal, arguing cases on behalf of the U.S. government and providing advice to U.S. nationals appearing before that tribunal. Between 1987 and 1995, he served in the U.S. Department of State Office of the Legal Adviser, primarily advising on matters relating to international environmental law, international claims, and politico-military affairs. He continues to serve as legal counsel to foreign governments, including Kosovo and Macedonia in cases before the International Court of Justice.
Professor Murphy has published numerous articles on international law; his article on international environmental liability won the American Journal of International Law 1994 Deak Prize for best scholarship by a younger author. His book Humanitarian Intervention: The United Nations in an Evolving World Order, won the American Society of International Law 1997 certificate for preeminent contribution to creative scholarship. His most recent books are International Law: Cases and Materials(with Damrosch, Henkin & Smit), and Foreign Relations and National Security Law (with Franck & Glennon).
Professor Murphy is a member of the board of editors of the American Journal of International Law.
Lucy F. Reed
Lucy F. Reed is a partner at Freshfields Bruckhaus Deringer, LLP. Reed is a specialist in international commercial arbitration, particularly in investment treaty disputes. As an arbitrator, she has served on the Eritrea-Ethiopia Claims Commission and as co-director of the Claims Resolution Tribunal for Dormant Accounts in Switzerland (the Holocaust tribunal).
Ms. Reed is one of five attorneys nationwide to be named a tier one international arbitration practitioner by Chambers USA (2006). In 2001, she lectured on private international law at The Hague Academy of International Law.
Ms. Reed was the first general counsel of the Korean Peninsula Energy Development Organization and, while with the U.S. State Department, was the U.S. agent to the Iran-U.S. Claims Tribunal and deputy assistant legal adviser for international claims and investment disputes. She received her BA magna cum laude from Brown University and her JD from the University of Chicago Law School (1977), where she was a member of the Law Review.
International Court of Justice Judge Bruno Simma first came to the Law School in 1986 as a visiting professor. From 1987 to 1992, he held a joint appointment on the faculty while also serving on the UN Committee on Economic, Social and Cultural Rights, and as vice president of the German Society of International Law. In 1995, Simma was both a visiting professor at the Law School and a lecturer at The Hague Academy of International Law. Since 1997, he has been a member of the Law School's Affiliated Overseas Faculty. Some of his other experience includes serving as dean of the Munich Faculty of Law, being a member of the UN International Law Commission, serving as Professor of International Law and European Community Law, and as director of the Institute of International Law at the University of Munich. Professor Simma has been co-agent and counsel in cases before the International Court of Justice and has provided expertise for conflict-prevention activities of the UN Secretary General. He serves as a member of the Court of Arbitration in Sports of the International Olympic Committee. He is also co-founder and co-editor of the European Journal of International Law as well as co-founder of the European Society of International Law. In 2003 Bruno Simma was admitted to the prestigious Institut de droit international.
Citing his experience of arguing in international courts, Sean D. Murphy discusses how judicial bodies attempt to judge wrongful conduct. Murphy says the international courts most commonly to find a pattern of behavior.