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Monica Feria-Tinta

Diploma of The Hague Academy of International Law; LLM with merit (London School of Economics); Bachiller en Derecho (PUCP))

Monica specialises in public international law, private international law and international arbitration. She acts as counsel in cases before English courts, international courts, and arbitral tribunals under a variety of rules (ICSID, UNCITRAL, SIAC and ICC) and applicable laws. Monica has appeared or advised, across all aspects of public international law, before the International Court of Justice, International Tribunal for the Law of the Sea, UN Human Rights Committee, Inter-American Commission on Human Rights, the Inter-American Court of Human Rights (on several ground-breaking cases), International Criminal Tribunal for ex-Yugoslavia, UN Special Rapporteurships and diplomatic fora.    

Monica acts for States and private parties and in domestic proceedings appears for, and against, the Crown. Her litigation practice in England regularly involves cross-border, multi-jurisdictional disputes, and her domestic advisory practice often deals with public international law matters in a commercial context.

Monica's international practice builds on her prior experience working for the International Court of Justice and the ICTY and rests on a strong academic foundation having taught Public International Law as a teaching assistant to H.E. Judge Christopher Greenwood, then Principal Professor in International Law at the LSE. Her scholarly work has been cited before the International Court of Justice such as in the case of Avena and Other Mexican Nationals (Mexico v. United States of America) and her expertise in all areas of international law was recognised by the Hague Academy, by awarding her the prestigious Diploma of the Hague Academy in International Law, very sparingly given in 67 years of its existence. Monica's knowledge in all aspects of immunity is reflected in her forthcoming book Foreign State Immunity and Enforcement of Arbitral Awards in English Courts to be published by Oxford University Press in 2018.

Recent work includes acting before the International Court of Justice (application to intervene) for a party in Legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965 (Request for Advisory Opinion); acting as Amicus before the Constitutional Court of Colombia regarding Constitutional Amendment 1 of 2017 (which created the Special Jurisdiction for Peace to prosecute crimes during the internal armed conflict in Colombia); leading a ground-breaking human rights case before the UN CEDAW Committee, advising on provisional measures in a multi-jurisdictional arbitration (a $413m+ claim) against a State owned-entity, on enforcement of awards and State immunity (on a prospective appeal from the High Court), on an ICSID case arising from 52 construction contracts, on an SIAC arbitration relating to a JVA, on treaty interpretation concerning the Vienna Convention on Diplomatic Relations (Court of Appeal), on the interpretation of Rome II (Court of Appeal), on non-discrimination (to a third party intervention, Hong Kong Court of Appeal); advising an Asian State on its potential liabilities under a BIT in the energy sector; acting for the FCO on a multi-million pound human rights/tort claim before the High Court; advising an African State on liabilities relating to sovereign guarantees in a commercial contract; advising on the Vienna Convention on Consular Relations (in the ICJ), on the immunity of officials and State immunity (on a potential case in the ICJ), on the Law of the Sea and human rights (ITLOS), on extradition law and human rights under the European Convention on Human Rights, on international refugee law and its interface with other areas of law.

Monica is the first Latin American lawyer to be called to the Bar of England & Wales and advises in English, Spanish and French.

Her international litigation work, at the forefront of important developments in international law, has been recognised with international awards such as the Gruber Justice Prize which she received in Washington DC at a ceremony chaired by US Supreme Court Justice Ruth Bader Ginsburg, and the Inge Genefke International Award

Specialisations: 

  • Public International Law
  • Human Rights
  • Immunities
  • Laws of War
  • Boundary Delimitation
  • International Dispute Settlement in the ICJ
  • International Arbitration 
  • Private International Law

 

Principal Cases: 

Public International Law - International cases

Prosecutor v Timohir Blaskic,  International Criminal Tribunal for the Former Yugoslavia (Chamber Trial I). Advising Trial Chamber I under the Presidency of H.E. Judge Claude Jorda, on the applicable law in connection to command responsibility under international law in preparation of a judgment in the case, of the highest-ranking officer at that time to be tried by the ICTY.

Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), International Court of JusticeAdvising the International Court of Justice on substantive and procedural matters (applicable standards) in relation to Genocide and State Responsibility under the UN Genocide Convention as opposed to individual criminal responsibility standards, and assisting with the legal analysis of evidence (over 700 witness' statements) in the case.

LaGrand Case, (Federal Republic of Germany v United States of America), International Court of Justice. Advising Counsel for Germany, Professor Bruno Simma; developed successful lines of argumentation on the right to consular assistance and its relation to human rights which set a new precendent in the interpretation of the Vienna Convention on Consular Relations. 

Communication No 868/1999 : Philippines. 11/11/2003, United Nations Human Rights Committee.  Adviser to the Redress Trust, representing the claimant.

Advising on jurisdictional and substantive issues arising from a death penalty case before the Inter-American Commission on Human Rights, relating to a Caribbean State.

Case of the Gomez Paquiyauri Brothers vs Peru, Judgment of July 8, 2004 (Series C: Decisions and Judgments No. 110), before the Inter-American Court of Human Rights - Sole Counsel to the claimants. Successfully representing a case concerning the arbitrary detention, torture and extra-judicial execution of two minors in the context of anti-terrorist police operations under states of emergency, securing a $740,500.000 reparation award. First international case on the protection of children in times of internal armed conflict; precedent on opposing the use of Ad Hoc Judges in individual contentious cases before the Inter-American Court, which led to the elimination of Ad Hoc Judges in individual petitions before the Inter-American Court in 2009.

Case of the Miguel Castro Castro Prison Massacre vs Peru, Judgment of November 25, 2006 (Series C: Decisions and Judgments No 160), before the Inter-American Court of Human Rights. Lead Counsel acting for 800 victims. Successfully representing a multi-million dollar landmark case on the protection of persons in detention. First international human rights case in which an international court ordered the prosecution of a former Head of State for crimes against humanity and held the State's duty to take all judicial and diplomatic steps for that purpose (seeking extradition). Precedent on torture practices to include falanga beatings, electro-shocks with batons, use of unmuzzled dogs in prisons against detainees, prolonged incommunicado detention, positional torture, blunt beatings following different methodologies, manipulation of sleep patterns, deprivation of water, deprivation of natural light, denial of exercise, denial of access to books and of work, enforced hunger and denial of medical attention, among others.  First international binding case on violence against women in the Latin America region under the Convention on the Prevention, Punishment and Eradication of Violence against Women ("Convention of Belem do Pará").

Bouterse case, Amsterdam Court of Appeals - Joint Amicus Curiae brief with Professor John Dugard, former Special Rapporteur on Diplomatic Protection at the United Nations International Law Commission, relating to Netherlands' jurisdiction to prosecute extra-judicial killings and torture amounting to crimes against humanity in Surinam by former Dictator Desi Bouterse.     

Communication No 2034/2011 v. Canada before the United Nations Human Rights Committee, under the International Covenant on Civil and Political Rights. Sole Counsel to the Claimants  (Concerning fair trial in administrative proceedings related to zoning-law in Toronto, non-discrimination, right to privacy)

Case of  J v. Peru Preliminary Objection, merits, reparations and costs. Judgment of November 27, 2013. Series C No 175 Inter-American Court of Human Rights, lead counsel to the Claimant. Successfully represented a case of State international Responsibility for arbitary detention and violations of fair trial, torture and right to privacy.

Gareth Henry v. Jamaica, before the Inter-American Commission on Human Rights. Adviser to the Claimant (A non-discrimination case, challenging a law criminalising all forms of consensual sexual activity between adult males; potentially to change criminal law legislation in Jamaica.)

The Enrica Lexie Incident (Italy v India), (for the Claimant) Assisted Guglielmo Verdirame in this an inter-State arbitration under Annex VII of UNCLOS. Permanent Court of Arbitration No 2015-28  (See also Request for Provisional Measures, before the International Tribunal for the Law of the Sea (ITLOS)). Monica developed the successful line of argumentation on individual human rights (due process safeguards under Article 9(2), 14(3)(a), 9(1) under the ICCPR) pleaded by counsel on behalf of the Republic of Italy. The case concerns an oil tanker flying the Italian flag, and India's subsequent exercise of criminal jurisdiction over two Italian marines from the Italian Navy in respect of an incident concerning the killing of two Indian fishermen on board an Indian vessel. The case raises issues of immunity as well as human rights, within the broader framework of the law of the sea. 

Assisted Sir Michael Wood on matters concerning crimes against humanity, jurisdictions, discontinuance of claims, state immunity, review of the jurisprudence before the ICJ on immunity, universal jurisdiction, compliance with ICJ judgments in relation to a potential claim / and  claim, in the ICJ. (Languages used French, English,and Spanish)

Monica has a keen interest in the interaction of UN and EU sanctions with rights and obligations in the private sphere (e.g. commercial law), and on the judicial control of such sanctions affecting companies and individuals, including before the European Court of Justice, in Luxembourg. She is the author of a recent article on sanctions and the Panama Papers entitled Sanctions in the wake of the Panama Papers: Diplomacy with teeth? and has provided expert comments to the Foreign and Commonwealth Office on the White Bill on Sanctions post-Brexit, "Response to HMG Public Consultation on the United Kingdom's Future Legal Framework for Imposing and Implementing Sanctions" (with Alistair Wooder).

Monica is equally comfortable with both traditional public international law areas as well as working with the interrelation of those and human rights. Monica's Hague Academy Diploma, written and oral examinations (under the theme of Proliferation of International Courts and the Role of Jurisprudence), covered the full-breadth of international jurisprudence of international tribunals. Building on her prior experience teaching Public International Law as well as working for the International Court of Justice, ICTY, and representing cases before international human rights tribunals, she welcomes instructions to appear before the ICJ, ITLOS, PCA Tribunals, UN human rights bodies, as well as regional courts and tribunals (European Court of Human Rights, European Court of Justice; organs before the Inter-American, and African systems). Monica is the author of Litigation in Regional Human Rights Systems on Economic, Social and Cultural Rights, commissioned by UNESCO, a comprehensive analysis of regional litigation on the right to housing, right to health, right to education, right to water, environmental rights, in their interrelation with the right to life, to humane treatment, right to property in Europe, Latin America and Africa.  

Currently instructed as lead counsel on a ground-breaking multiparty claim before the UN CEDAW Committee concerning mass rape, impunity for atrocities, and other serious violations against women and girls in the context of internal armed conflict arising from an African jurisdiction (acting for the claimants).

Advising on a third party intervention on public international law aspects of a claim before the Hong Kong Court of Appeal (advising the intervenor).

Case regarding the Constitutionality of Legislative Act No 1, 2017 (Expediente RPZ-003), Constitutional Court of Colombia, which establishes the Special Jurisdiction for Peace to prosecute crimes during the internal armed conflict in Colombia. Amicus Curiae (sole amicus) challenging the compatibility with international law of Art. 24 (Command Responsibility) and Art.16 (Aiding and Abetting) (Corporate Responsibility) of Legislative Act No.1 of 2017.

Legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965 (Request for Advisory Opinion), International Court of Justice (application to intervene) (for an international non-governmental organisation) (lead counsel) Application under Article 66 (2) of the ICJ Statute  (the case is one of the most high profile cases concerning de-colonisation and territorial issues relating to the UK, currently pending before the ICJ).     

Commission for the Control of Files of INTERPOL- (lead counsel) (for the applicant) Successful application challenging a Red Notice on the grounds of breach of human rights (fair trial) under international law, in support of a multi-jurisdictional arbitration  

Successfully advising a party on diplomatic protection and the interaction of international human rights law (under the European Convention on Human Rights), international refugee law and extradition law in the context of a commercial dispute with a South American State.

Successfully advising a party on a human rights application to Charter-based UN Special Rapporteurships.

Advising on issues of self-determination, Statehood, and boundary delimitation to a government in Asia.

Full list of practice highlights

Public International Law - English Courts

Monica acts and advises in all areas of public international law arising in the context of domestic disputes, often in the intersection between commercial law and public international law, as in cases where different areas of public international law appear to converge (or apparently to conflict), namely Human Rights, EU Law (and its application to human rights), Immunities, and International humanitarian law. 

Monica is developing a strong advisory practice on immunities involving Sovereign-State-related claims as well as diplomatic immunity. Concerning State immunity, Monica is developing particular expertise on enforcement immunity (in addition to jurisdictional immunity), in the context of enforcement of arbitral awards.  Her forthcoming book, Foreign State Immunity and Enforcement of Arbitral Awards in English Courts, will be published by Oxford University Press in 2018.  She also holds expertise in construing the State immunity Act 1978 and other domestic statutes by reference to International UK obligations, inter alia those under the European Convention on Human Rights and EU law. 

Reyes v Al-Malki [2015] IRLR 289 (Court of Appeal), Assisted Sir Daniel Bethlehem QC and Sudhanshu Swaroop QC in this test case concerning the interpretation of the Vienna Convention on Diplomatic Relations (VCDR), in particular whether Article 31(1) ( c ) of the VCDR excludes diplomatic immunity in the context of employment/human trafficking claims and whether this position is affected by Articles 4 or 6 of the  European Convention on Human Rights. Monica's work  in the case covered drafting substantive arguments on State immunity, diplomatic immunity, a review  of all relevant Strasbourg jurisprudence, developing key arguments on treaty Interpretation under the Vienna Convention on the Law of Treaties (which included a thorough analysis of the Travaux Préparatoires of the VCDR)  as well as  a full review of US jurisprudence on diplomatic immunity and preparing arguments on the correct method for serving process on diplomats under English law.

Instructed by a State to advise on its position on immunity and liabilities as guarantor on aircraft leasing contracts entered into by its national airline in the context of proceedings against the airline for alleged default in its contractual obligations; in particular, as to whether the guarantees it provided are "on demand" or a secondary liability, and on issues of State immunity under the 1978 State Immunity Act. 

Advising on State immunity in the context of enforcement of arbitral awards with a particular focus on the interrelation between substantive immunity matters and procedural issues.

Eloise Mukami Kimathi James Karanja Nyoro and others and the Foreign and Commonwealth Office ("The Kenyan Emergency Group Litigation") Claim No HQ13XO2162 High Court of Justice (instructed by the Foreign and Commonwealth Office)  a multi-million pound claim alleging human rights violations against the Mau Mau, in Colonial Kenya during the Emergency Period between 1952 and 1961.  

Advising a party on possible judicial review grounds in the education sector, with discrimination elements under the Equality Act 2010.

The London Borough of Haringey (Wards Corner Regeneration Project) Compulsory Purchase Order 2016 Public Inquiry, Appearing as lead counsel for market traders (objectors) in a three-week public inquiry into the compulsory purchase order sought in respect of the c.£100m redevelopment of the Seven Sisters market, during which she cross-examined both witnesses of fact and expert witnesses for two consecutive weeks. The case raises novel arguments under the Equality Act 2010 and human rights (right to property, non-discrimination, right to culture, minorities' rights), including under the International Covenant on Civil and Political Rights as carried out by common-law and statutory law. The Inspector’s report is awaited. 

Public International Law - Amicus Curiae

Amicus Curiae, before the Constitutional Court of Colombia - on the compatibility of Acto Legislativo No. 1 de 2017, Article 24 (Command Responsibility) and Article 16 (on individual criminal responsibility of third parties (aiding and abetting)), with international law (endorsed by The Law Society, and the international non-governmental organisations ABColombia and Colombian Caravana UK Lawyers Group).

Amicus Curiae, Bouterse case, Amsterdam Court of Appeals - Joint Amicus Curiae brief with Professor John Dugard, former Special Rapporteur on Diplomatic Protection at the United Nations International Law Commission, relating to Netherlands' jurisdiction to prosecute extra-judicial killings and torture amounting to crimes against humanity in Surinam by former Dictator Desi Bouterse 

Public International Law - Non-contentious matters

Fact-finding missions and training to foreign lawyers and diplomats

Monica has participated in fact-finding missions to Guatemala (2015) and to  Myanmar (2016). She has further carried out training for Diplomats in Guatemala (On Business and Human Rights in the energy sector) by invitation of the FCO, to foreign lawyers in South Africa (on international law in domestic courts), in Guatemala and Honduras (on arbitration, under the auspices of the FCO), and for Colombian lawyers (on international law in transitional justice).  

Advising States

Diplomatic Conference for the Establishment of an International Criminal Court. Rome, Italy

Legal Adviser in International Human Rights Law and International Humanitarian Law for the Delegation of the Islamic Republic of Comoros Islands

Advising Non-Governmental-Organisations and Academic Institutions

Prepared the Moot Court Case ("The Case of AW v Landia"), for the Moot Court Competition to mark the celebration of the 25th anniversary of the UN Convention on the Rights of the Child (CRC), to be judged on the final bench by H.E. Judge Joyce Aluoch of the ICC, H.E. Judge Flavia Lattanzi and H.E. Judge Mandiaye Niang of the UN ICTY.  Commissioned by Leiden University, Law Department. (2014)

Legal Opinion - In the Matter of the International Legal Implications of the Honduran Constitutional Statute on Special Development Regions ("Regiones Especiales de Desarrollo")  jointly with Professor Guglielmo Verdirame, instructed by the Urbanisation Project Stern Business School, New York University. (June 2012)

Prepared Expert Comments to the Final Report of the Independent Expert on the right to reparation for victims of gross violations of human rights and humanitarian law, Mr. Cherif Bassiouni on behalf of the Redress Trust.(2000)

Worked on a draft paper of future International Law Commission area of codification and development: "The Effects of War on Treaty Obligations" under the supervision of Professor Hafner, member of the ILC. (2000)

Prepared Comments on the International Law Commission Draft Articles on State Responsibility (secondary rules and Article 19) at the request of Prof. Bruno Simma, member of the ILC. (2000)

Private International Law

As a pupil, Monica assisted Thomas Raphael QC (arguing the private international law aspects of the case for Actavis) in Actavis UK v Eli Lilly [2015] EWCA Civ 555, a multi-billion pound case before the Court of Appeal, raising issues of patent law across Europe as well as of private international law (a case concerning five jurisdictions), as Lilly argued that the conditions for negative declaratory relief were governed by the lex causae not the lex fori. Monica made a substantial contribution to the private international law arguments which secured Actavis winning its case on private international law, as the Court of Appeal concluded that the conditions for negative declaratory relief are procedural and governed by the lex fori under Rome II in its judgment, the lead judgment on this aspect of the new Rome II Regulation.  (Areas of work in the case included Interpretation of Rome II/ lex fori/lex causae principle/interpretative principles/forum shopping/EU legislation/Academic commentary) Languages used: German/Spanish/English).

Monica has a keen interest in conflict of laws and extra-territorial torts:

As a pupil, Monica was involved in Pedro Emiro Florez Arroyo and Equion Energia Limited (formerly known as BP Exploration Company (Colombia) (Ltd)) (In the matter of the Ocensa pipeline group litigation) before the Technology and Construction Court (on behalf  of the  claimants) (under the supervision of Sudhanshu Swaroop QC, led by Alex Layton QC) (a case brought by Colombian farmers claiming for environmental damage and damage to their land, caused by the construction of an oil pipeline, against BP, and decided by the English Courts under Colombian law). Described in the media as "one of the largest cases in environmental legal history", the trial lasted 5 months.  

During pupillage she also assisted Sudhanshu Swaroop QC on a conflict of laws case arising from a tort taking place overseas (Private International Law Act 1995, Rome II, and Brussels I) (details omitted required by confidentiality)

During pupillage she worked on a comparative analysis on issues concerning tort, private international law and corporate liability in the United States (under the Aliens Tort Act jurisprudence) and tort under English law.

Monica retains interest in cases raising issues of corporate liability for extra-territorial torts and cases alleging corporate complicity in human rights violations. Her public international law background enables her to effectively deal with act of state doctrine arguments in the context of extra-territorial violations. Her dual training in the common law and civil law systems allows her to feel comfortable handling cases arising from common law and civil law jurisdictions. Initially trained as an advocate in Latin America, and with over 15 years' international experience in the region, Monica has particular interest in representing cases arising from Latin American jurisdictions. Her ability to handle evidence in the technical, legal, native language, has come as an advantage in her practice, especially in the representation of cases where the applicable law may be the law of such jurisdictions. 

Energy & Natural Resources

Pedro Emiro Florez Arroyo and others v Equion Energia Limited (formerly known as BP Exploration Company (Colombia) Limited) [2016] EWHC 1699 (TCC) (on behalf of the claimants) - assisted Alex Layton QC and Sudhanshu Swaroop QC on this case brought by Colombian farmers claiming for environmental damage and damage to their land, caused by the construction of an oil pipeline, against BP, and decided by the English Courts under Colombian law. Described in the media as "one of the largest cases in environmental legal history", the trial lasted 5 months. 

She is developing a strong advisory practice in the Energy and Natural Resources sector often involving international law, including:

  • Advising on matters concerning exploration of gas in one of the largest undeveloped gas reserves in South America, the Camisea Gas Project, and the rights of indigenous populations in the Amazon (addressing considerations relating to the fragile biodiversity in the relevant Amazon jungle basin, rights of Indigenous Peoples in Voluntary Isolation and Initial Contact living in the area, and the legal status of territorial reserves, within the general framework of international law). 
  • Acting as an expert on issues of human rights of Mayan communities, corporate responsibility and hydro-electric projects in Guatemala. As part of an expert delegation, Monica visited the region, met with all stakeholders and wrote a report on the situation with recommendations. The report analysed the position under international law addressing issues such as business and human rights good practices (UN Guiding Principles on Business and Human Rights), indigenous peoples' rights, collective rights to property and their entitlements to land and natural resources, as well as the right to consultation in the context of large-scale investment.  
  • Instructed as adviser on regulatory aspects (cross-over between public international law and energy and natural resources investment law) of a large-scale hydroelectric project on one of the longest undammed rivers remaining in mainland Southeast Asia, in Myanmar. Monica acted as an expert on corporate due diligence practices under the UN Guiding Principles on Business and Human Rights; entitlements of local communities under international law, standards on the right to consultation; aspects to be addressed by EIAS, balancing rights between investment protection under a BIT and State duties under other treaty obligations, among others.

Monica has been a speaker on Energy in Investment Arbitration at different fora including at the Hong Kong Arbitration Week 2016 ("Energy disputes - lessons learnt in Europe and opportunities facing the Chinese energy market"),  (representing the Bar) at Russian Law Week 2016 in London, and on "Renewable energy cases in investment treaty arbitration and before the European Court of Justice" at the Stockholm Chamber of Commerce at an event jointly organised by SCC, IBA and ICC.  

Recent commentary on Energy disputes includes "ECT and Renewables - An Early Scorecard" (an analysis of recent jurisprudence in Europe under the Energy Charter Treaty) (Project Finance International Sept 21 2016), "South China Sea: Business as Usual?" on implications of the South China Sea case on the Energy Sector (New Law Journal, 7 Oct 2016), and a piece on Yukos ("Annulment of the Yukos award: a sore spot in Investment Arbitration?"). She is the author of a forthcoming piece on investment arbitration under the Energy Charter Treaty, on the Journal of World Investment and Trade. For her arbitration practice (including in the energy sector) see below.

International Arbitration

Monica has been involved in both investment and commercial international arbitrations across a range of sectors (including the construction, telecommunications, energy and the garment sectors) governed by a variety of arbitration rules (ICSID, UNCITRAL, SIAC, ICC Rules) and applicable laws. She also acts and advises in Inter-State arbitration cases. 

Inter-State arbitration

The Enrica Lexie Incident (Italy v India), an inter-State arbitration under Annex VII of UNCLOS. Permanent Court of Arbitration NO 2015-28 (See also Request for Provisional Measures, before the International Tribunal for the Law of the Sea (ITLOS)) - Monica developed the line of argumentation on individual human rights (due process safeguards under Article 9(2),14(3)(a), 9(1) under the ICCPR) successfully pleaded on behalf of Italy. The case concerns an oil tanker flying the Italian flag, and India's subsequent exercise of criminal jurisdiction over two Italian marines from the Italian Navy in respect of an incident concerning the killing of two Indian fishermen on board an Indian vessel. The case raises issues of immunity as well as human rights, within the broader framework of the law of the sea.

Commercial and Investment Arbitration

In Investment Arbitration, Monica has expertise on disputes both under multilateral treaties as well as Bilateral Investment Treaties (BITs) including ICSID and NAFTA arbitration and disputes under the Energy Charter Treaty. Monica brings to her Investment Arbitration practice a strong Public International Law foundation. She is experienced in addressing the inter-relationship between Bilateral Investment Treaties and Human Rights (and other competing treaty obligations to investment protection) in the context of BITs disputes, as well as "right to regulate" arguments both under BITs and Energy Charter Treaty claims.  

Recent experience in Commercial and Investment Arbitration includes:

Involved in a commercial arbitration raising competition law issues, in the telecommunication sector, under ICC rules, seated in London.
 
Advising a newly appointed administration in an Asian State on its BITs liabilities by reference to other conflicting duties under international law.   

Assisting the Tribunal in a commercial international arbitration arising from a JVA agreement in the garment industry, under the SIAC Rules, with seat in Singapore.

Assisting the Tribunal in an Investment Arbitration case in the construction sector under the Turkish-Turkmenistan BIT.

Monica has been a speaker on Investment Arbitration at different fora including at the invitation of the UK Embassy in Central America and at Hong Kong Arbitration Week 2016 ("Energy disputes - lessons learnt in Europe and opportunities facing the Chinese energy market"); at the Stockholm Chamber of Commerce in an event jointly organised by SCC, IBA and ICC ("Renewable energy cases in investment treaty arbitration and before the European Court of Justice"); at Russian Law Week 2016 (on enforcement of awards and State entities); and at Oxford University (on "Like Oil and Water? Human Rights in Investment Arbitration in the Wake of Philip Morris v Uruguay case").

Recent commentary on Investment Arbitration topics includes a piece on Yukos ("Annulment of the Yukos award: a sore spot in Investment Arbitration?"), "ECT and Renewables - An Early Scorecard" (an analysis of recent jurisprudence in Europe under the Energy Charter Treaty), and a forthcoming piece on the Journal of World Investment and Trade. 

She is a member of the Chartered Institute of Arbitrators and has recently been listed on the panel of arbitrators of CRECIG (Comisión de Resolución de Conflictos de la Cámara de Industria de Guatemala).

Human Rights

Monica brings to the Bar over 15 years of award-winning International litigation experience in human rights matters. She has expertise in the European system, Inter-American System and African system as well as in making representations before UN Human Rights Treaty-based-bodies (inter alia CAT (Committee Against Torture), UN Human Rights Committee, CESCR, CEDAW, CRC) and Charter-based bodies (Rapporteurships and Working Groups including the Working Group on Arbitration Detention, and the Working Group on Enforced Disappearances), which built on her previous experience teaching Public International Law as teaching assistant to H.E. Judge Christopher Greenwood and lecturing on subjects of her expertise at LLM level, at the LSE.

Monica’s international litigation work before human rights organs has covered the full spectrum of human rights: from security of person, the right to privacy, non discrimination and due process (on civil, administrative and criminal cases) to the rights of the child, gender justice, prisoners' rights and the protection of the right to life and freedom from torture in the context of mass atrocities. Whereas some of the issues she has dealt with have arisen from societies in times of peace, she has wide experience litigating human rights violations taking place in the context of armed conflicts or raising issues of international humanitarian law. She has particular expertise in the area of command responsibility. 

Monica has experience in the investigation of violations of the right to life in the context of counterinsurgency operations, police operations, death under custody and crowd control, and expertise in dealing with cases of mass violations of the right to life of civilians based on alleged direct participation in hostilities. She has experience working with complex forensic evidence requiring specialised knowledge on a wide range of weapons, ammunition and gases (such as white phosphorous gases) and their impact on human targets both in closed and open environments. She has  extensive experience dealing with large-scale cases of torture and its investigation under international standards.

Monica has proven, tested experience in successfully running novel points of law and obtaining groundbreaking decisions. She has used her strong academic foundation in all core areas of Public International Law such as Sources, Treaty law, Jurisdiction, State Responsibility, and her practical previous experience working in large, complex cases before international tribunals (ICTY and ICJ), to successfully represent human rights claims. She has particular experience in dealing with the interface of different areas of public international law (such as immunities/human rights; international human rights law/international humanitarian law; human rights/international refugee law; human rights/ius ad bellum/ius in bellum) in human rights litigation. 

As a world expert in the Inter-American system, Monica has particular interest in duty to investigate cases (e.g. such as in the context of inquests and enquiries), before English courts, including cases raising extra-territorial issues, concerning massacres or violations taking place abroad. The Inter-American system has produced most of the jurisprudence on the duty to investigate often relied on by the European Court of Human Rights and the UK Supreme Court in deciding cases raising Article 2 of the European Convention. Monica is interested both in extra-territorial cases raising temporal issues under the right to investigate, as well as territorial issues, namely the scope of extraterritorial jurisdiction and the duty to investigate.

Monica also welcomes instructions raising complex jurisdictional public international law matters (such as those raised by extraordinary rendition cases), acts of state doctrine, non-justiciability, and universal jurisdiction.    

International cases

Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), International Court of Justice. Advising the International Court of Justice on substantive and procedural matters (applicable standards) in relation to Genocide and State Responsibility under the UN Genocide Convention as opposed to individual criminal responsibility standards, and assisting with the legal analysis of evidence (over 700 witness' statements) in the case. 

LaGrand Case, (Federal Republic of Germany v United States of America), International Court of Justice. Advising Counsel for Germany, Professor Bruno Simma; developed successful lines of argumentation on the right to consular assistance and its relation to human rights which set a new precedent in the interpretation of the Vienna Convention on Consular Relations.    

Communication No 868/1999: Philippines. 11/11/2003, United Nations Human Rights Committee. Adviser to the Redress Trust, representing the claimant. 

Advising on jurisdictional and substantive issues arising from a death penalty case before the Inter-American Commission on Human Rights, relating to a Caribbean State

Case of the Gomez Paquiyauri Brothers v Peru, Judgment of July 8, 2004 (Series C: Decisions and Judgments No. 110), before the Inter-American Court of Human Rights - Sole Counsel to the claimants. Successfully representing a case concerning the arbitrary detention, torture and extra-judicial execution of two minors in the context of anti-terrorist police operations under states of emergency, securing a $740,500.000 reparation award. First international case on the protection of children in times of internal armed conflict; precedent on opposing the use of Ad Hoc Judges in individual contentious cases before the Inter-American Court, which led to the elimination of Ad Hoc Judges in individual petitions before the Inter-American Court in 2009. 

Case of the Miguel Castro Castro Prison Massacre v Peru, Judgment of November 25, 2006 (Series C: Decisions and Judgments No 160), before the Inter-American Court of Human Rights. Lead Counsel acting for 800 victims. Successfully representing a multi-million dollar landmark case on the protection of persons in detention. First international human rights case in which an international court ordered the prosecution of a former Head of State for crimes against humanity and held the State's duty to take all judicial and diplomatic steps for that purpose (seeking extradition).  Precedent on torture practices to include falanga beatings, electro- shocks with batons, use of unmuzzled dogs in prisons against detainees, prolonged incommunicado detention, positional torture, blunt beatings following different methodologies, manipulation of sleep patterns, deprivation of water, deprivation of natural light, denial of exercise, denial of access to books and of work, enforced hunger and denial of medical attention, among others. First international binding case on violence against women in the Latin America region under the Convention on the Prevention, Punishment and Eradication of Violence against Women ("Convention of Belem do Pará").   

Bouterse case, Amsterdam Court of Appeals - Joint Amicus Curiae brief with Professor John Dugard, former Special Rapporteur on Diplomatic Protection at the United Nations International Law Commission, relating to Netherlands' jurisdiction to prosecute extra-judicial killings and torture amounting to crimes against humanity in Surinam by former Dictator Desi Bouterse 

Communication No 2034/2011 v. Canada before the United Nations Human Rights Committee, under the International Covenant on Civil and Political Rights, sole counsel to the Claimants (Concerning fair trial in administrative proceedings related to zoning-law in Toronto, non-discrimination, right to privacy) 

Case of J v. Peru Preliminary Objection, merits, reparations and costs. Judgment of November 27, 2013. Series C No 175 Inter-American Court of Human Rights, lead counsel to the Claimant. Successfully represented a case of State international Responsibility for arbitary detention and violations of fair trial, torture and right to privacy.

Gareth Henry v. Jamaica, before the Inter-American Commission on Human Rights. Adviser to the Claimant (A non-discrimination case, challenging a law criminalising all forms of consensual sexual activity between adult males; potentially to change criminal law legislation in Jamaica.)

The Enrica Lexie Incident (Italy v India), (for the Claimant) Assisted Guglielmo Verdirame in this inter-State arbitration under Annex VII of UNCLOS. Permanent Court of Arbitration NO 2015-28 (See also Request for Provisional Measures, before the International International Tribunal for the Law of the Sea (ITLOS)). Monica developed the successful line of argumentation on individual human rights (due process safeguards under Article 9(2), 14(3)(a), 9(1) under the ICCPR) pleaded by counsel on behalf of the Republic of Italy. The case concerns an oil tanker flying the Italian flag, and India's subsequent exercise of criminal jurisdiction over two Italian marines from the Italian Navy in respect of an incident concerning the killing of two Indian fishermen on board an Indian vessel.. The case raises issues of immunity as well as human rights, within the broader framework of the law of the sea. 

Currently instructed as lead counsel on a ground-breaking multiparty claim before the UN CEDAW Committee concerning mass rape, impunity for atrocities, and other serious violations against women and girls in the context of internal armed conflict arising from an African jurisdiction (acting for the claimants).    

Advising on a  third party intervention on public international law aspects of a claim before the Hong Kong Court of Appeal (advising the intervenor).

Successfully advising a party on a human rights application to Charter-based UN Special Rapporteurships

Case regarding the Constitutionality of Legislative Act No 1, 2017 (Expediente  RPZ-003), Constitutional Court of Colombia, which establishes the Special Jurisdiction for Peace to prosecute crimes during the internal armed conflict in Colombia. Amicus Curiae (sole amicus) challenging the compatibility with international law of Art. 24 (Command Responsibility) and Art. 16 (Aiding and Abetting) (Corporate Responsibility) of Legislative Act No. 1 of 2017.  

Successfully advising a party on diplomatic protection and the interaction of international human rights law (under the European Convention on Human Rights), international refugee law and extradition law in the context of a commercial dispute with a South American State. 

Commission for the Control of Files of INTERPOL - (lead counsel) (for the applicant) Successful application challenging a Red Notice on the grounds of breach of human rights (fair trial) under international law, in support of a multi-jurisdictional arbitration.

Domestic cases

Reyes v Al-Malki [2015] IRLR 289 (Court of Appeal), assisted Sir Daniel Bethlehem QC and Sudhanshu Swaroop QC in this test case concerning the interpretation of the Vienna Convention on Diplomatic Relations (VCDR), in particular whether Article 31(1) ( c ) of the VCDR exclude diplomatic immunity in the context of employment/human trafficking claims and whether this position is affected by Articles 4 or 6 of the  European Convention on Human Rights. Monica's work in the case covered drafting substantive arguments on State immunity, diplomatic immunity, rights under the European Convention on Human Rights addressing all relevant Strasbourg jurisprudence.

Currently instructed in Eloise Mukami Kimathi James Karanja Nyoro and others and the Foreign and Commonwealth Office ("The Kenyan Emergency Group Litigation") Claim No HQ13XO2162 High Court of Justice (instructed by the Foreign and Commonwealth Office)  a multi-million pound claim alleging human rights violations against the Mau Mau, in Colonial Kenya during the Emergency Period between 1952 and 1961.  

Advising a party on possible judicial review grounds in the education sector, with discrimination elements under the Equality Act 2010.

The London Borough of Haringey (Wards Corner Regeneration Project) Compulsory Purchase Order 2016 Public Inquiry, Appearing as lead counsel for 35 market traders (objectors) in a three-week public inquiry into the compulsory purchase order sought in respect of the c.£100m redevelopment of the Seven Sisters market, during which she cross-examined both witnesses of fact and expert witnesses for two consecutive weeks. The case raises novel arguments under the Equality Act 2010 and human rights (right to property, non-discrimination, right to culture, minorities' rights), including under the International Covenant on Civil and Political Rights as carried out by common-law and statutory law. The Inspector’s report is awaited. 

Education and Career: 

Pontificia Universidad Católica del Perú: Bachiller en Derecho (Lima, Perú) (1991)

London School of Economics: LL.M with merit. (1996)

Diploma in International Protection of Human Rights and International Humanitarian Law, Institut International des Droits de l'Homme, René Cassin Foundation, Strasbourg (1997)

Diplomatic Conference for the Establishment of an International Criminal Court, Rome  (1998) - Legal Adviser to a State Delegation

Hague Academy: Diploma of The Hague Academy of International Law (2000)

United Nations Fellowship, (Amongst 24 lawyers, selected  worldwide, to participate in the thirty-sixth session of the International Law Seminar to be trained by the UN International Law Commission in all areas of General International Law, pursuant to General Assembly Resolution 54/111, Geneva (2000)

Diploma in Advanced Human Rights, Institute of Human Rights, Abbo Academy in Turko (Finland), Fellowship, European Commission and Finish Ministry of Foreign Affairs (2001) 

Visiting Scholar, Lauterpacht Centre for International Law, University of Cambridge (2001-2002)

Further academic and professional credentials

Awards

The Airey Neave Trust Award

The Olive Stone Memorial Scholarship

The Sydney Perry Foundation Award

The London School of Economics and Political Science Post-Graduate Award

The British Federation of Women Graduates Award

United Nations Fellowship Award (36th UN International Law Seminar, Geneva)

European Commission and Finnish Ministry of Foreign Affairs Fellowship award (Institute of Human Rights, Abo Academie Turko, Finland)

Professional Awards

2006 Inge Genefke International Award for "outstanding work in the global fight against torture".

2007 Gruber Justice Prize, which honors individuals who have advanced the cause of justice as delivered through the legal system. (Justice Sandra Day O'Connor from the US Supreme Court, being among the members of the selection panel awarding the prize) (Past awardees of the Justice Prize include Thomas Buergenthal (former American Judge of the ICJ), Pius Langa (former Chief Justice of South Africa), Michael Kirby (former Justice of the High Court of Australia), John Dugard (former member of the International Law Commission), Justice Rosalie Silberman Abella (from the Supreme Court in Canada).

Publications: 

Books

Foreign State Immunity and Enforcement of Arbitral Awards in English Courts (Oxford University Press) (forthcoming Summer 2018).

The Landmark Rulings of the Inter-American Court of Human Rights on the Rights of the Child, Brill Nijhoff, Series International Studies in Human Rights, 2008 ISBN 9789004165137.

Gender Justice before the Inter-American System of Protection of Human Rights (under contract) (Martinus Nijhoff Publishers).

Articles and Chapters 

“Right to Regulate v Investor Protection: The Charanne case” Journal of World Investment and Trade (2017, forthcoming).

"Like Oil and Water? Human Rights in Investment Arbitration in the Wake of Philip Morris v. Uruguay" Journal of International Arbitraion - Issue 34, No 4 (pp. 601-630).

"The Role of International Law and Arbitration in Enforcing the Paris Agreement", Kluwer Arbitration Blog, 31 December 2016.  

The South China Sea case: Business as usual?”  New Law Journal, 7 October 2016.

“The Istanbul Protocol in the practice and jurisprudence of the Inter-American System of Human Rights” in T. Wenzel et al (eds) Istanbul Protokoll: Untersuchung und Dokumentation von Folter und Menschenrechtsverletzungen, V&Runipress (forthcoming).

"ECT and Renewables- an early scorecard: European Energy Law Developments", PFI issues 585, Sep 21, 2016.

"The South China Sea: Chess Arbitration?", 10 August 2016. EJIL Talk!

"Proportionality and Public Interest: The 'Tobacco Packaging' case", R (British American Tobacco & Ors v Secretary of State for Health) [2016] EWHC 1169 (ADMIN), 20 Essex Street Bulletin, 25 May 2016.

"Extra-Territorial Claims in the 'Spider’s Web' of the Law? UK Supreme Court Judgment in Ministry of Defence v Iraqi Civilians" EJIL Talk!, 25 May 2016.

"Annulment of the Yukos award: a sore spot in Investment Arbitration?" 20 Essex Street Bulletin, 28 April 2016.

"Guatemala City/Tegucigalpa: A role for English common law?" Global Arbitration Review, 22 April 2016.

"Sanctions in the wake of the Panama Papers: Diplomacy with teeth?" Jurisdiction and Conflict of Laws Blog, 21 April 2016.

"Where Does the First Investor-State Arbitration Award in the Spanish Renewables Cases Leave Us?" Kluwer Arbitration Blog, 19 April 2016.  

"Qué Bolá Cuba? Cuba on the brink of changes" (Corporate analysis), LexisAPSL, 8 April 2016.

"Foreign State Immunity and Enforcement of International Arbitral Awards: Gold Reserve v Venezuela" 20 Essex Street Bulletin, 6 April 2016. 

"First investor-state arbitration award in the Spanish renewables cases handed down in favour of Spain: Charanne B.V. &  Construction Investments S.A.R.L v The Kingdom of Spain", 20 Essex Street Bulletin, 8 February 2016.

"Growing Appreciation for Arbitration for Trade and Investment disputes in Latin America. (Moving towards English Common Law)",  Kluwer Arbitration Blog, 11 December 2015.

Indigenous peoples’ rights and hydro-electric projects in Guatemala: The case of the Ch’orti’ in Chiquimula, Independent Report published in June 2015, jointly with J Burger and C McGregor.

"The UN Convention on the Rights of the Child as a Litigation Tool before the Inter-American System of Protection of Human Rights" in Litigating the Rights of the Child, T. Liefaard and J. E. Doek (eds), Springer, 2014 ISBN 978-94-017-9444-2.

"Litigation in Regional Human Rights Systems on Economics, Social and Cultural Rights against Poverty" in Freedom from Poverty as a Human Right Volume 4, 2009 UNESCO Publishing; Van Bueren (ed), Series Editor: Pierre Sane.

"Legal consequences for torture in children cases: The Gomez Paquiyauri Brothers vs Peru case", TORTURE, Journal on Rehabilitation of Torture Victims and Prevention of Torture, Volume 19, No 2, 2009, ISSN 10118-8185, pp 118-131.

"Justiciability of Economic, Social and Cultural Rights in the Inter-American System of Protection of Human Rights: Beyond Traditional Paradigms and Notions", Human Rights Quarterly, Volume 29, Number 2, May 2007, pp. 431-459.

"La víctima ante la Corte Interamericana de Derechos Humanos a 25 años de su funcionamiento", Revista IIDH, Instituto Interamericano de Derechos Humanos 43, pp.159-203.

"La Responsabilidad Internacional del Estado en el Sistema Interamericano de Protección de Derechos Humanos a veinticinco años del funcionamiento de la Corte Interamericana de Derechos Humanos: las lecciones del caso Hermanos Gómez Paquiyauri" in La Corte Interamericana de Derechos Humanos a 25 años de su funcionamiento, Becerra (ed), UNAM, 2007, pp.63-113. 

"Primer caso internacional sobre violencia de género en la jurisprudencia de la Corte Interamericana de Derechos Humanos: El caso del penal Miguel Castro Castro; un hito histórico para Latinoamérica" REVISTA CEJIL  AÑO II, No. 3, pp 30-45.

"Due Process and the Right to Life in the Context of the Vienna Convention on Consular Relations: Arguing the LaGrand Case", EJIL 2001.

"Commanders on Trial: The Blaškić case and the Doctrine of Command Responsibility under International Law", Netherlands International Law Review, Volume 47  Issue 03, December 2000, pp 293-322. (Awarded the denomination of “Publication of the month” in the area of international humanitarian law, for its contribution to the correct understanding of States’ duties under the Laws of War by the Swiss Ministry of Defence in 2001).

"Individual Human Rights v. State Sovereignty: The Case of Peru’s Withdrawal from the Contentious Jurisdiction of the Inter-American Court of Human Rights" Leiden Journal of International Law (2000), 13: 985-996 Cambridge University Press.

M. Feria-Tinta and G. Verdirame, 'The Entry into Force of the Human Rights Act, 1998', 4 International Law Association Forum (2000) 213-217.

"The Right to Seek Asylum and the Authority of International Refugee Law: The Case of the United Kingdom", African Yearbook of International Law, Volume 8, 2000.

 

Appointments and Society Memberships: 

  • American Society of International Law
  • COMBAR
  • British Institute of International and Comparative Law
  • LCLCBA
  • European Society of International Law
  • British & Colombian Chamber of Commerce, London
  • Chatham House (The Royal Institute of International Affairs)
  • London Shipping Law Centre-Young Maritime Professionals
  • The Hispanic & Luso Brazilian Council (Canning House)
  • Member of the Chartered Institute of Arbitrators (MCIArb)
  • Advisory Council of LAW (Legal Action Worldwide)
  • Listed on the panel of arbitrators of CRECIG (Comisión de Resolución de Conflictos de la Cámara de Industria de Guatemala)
  • UK Lawyers Advisory Committee (LAC) of Peace Brigades International (PBI) under the Chairmanship of Sir Peter Roth.
  • HK45
  • International Bar Association (IBA)
  • Bar Human Rights Committee

 

Lectures and Teaching: 

Taught Public International Law at the LSE as Teaching assistant to H.E. Judge Christopher Greenwood and lectured on specialized topics at the LLM course. (1999-2001)

Lectured at Master level at the University of York (Post-War Reconstruction and Development Unit), and  has been a guest lecturer at Guangxi Normal University, Faculty of Law, China, The Institut Universitaire Kurt Bosch-University of Fribourg, Switzerland, and at the "Human Rights in Latin America" module, Master Course of the School of Advanced Study of the University of London 

Monica has been a speaker at Human Rights Caucus of the US Congress; the Universidad Nacional Autónoma de Mexico; the University of Oxford (Centre for Socio-Legal Studies); and Georgetown University Law Center. More recently, public speaking engagements included addressing diplomats from different missions on the topic of "Business and Human Rights", invited by the British Embassy in Guatemala.

British Embassy of Guatemala and Honduras seminar - Human Rights in Investment Arbitration

20 Essex Street Energy Arbitration seminar - Investment protection v the right to regulate

20 Essex Street Roundtable-  Philip Morris v Uruguay case: Turning Point in Investment Arbitration in Latin America? 

Other Public Speaking Engagements:

Monica has appeared in interviews on issues of justice, human rights violations and accountability in the Washington Post, NPR radio (National Public Radio USA),  the BBC Radio, Miami Herald, Diario Colatino (El Salvador), La Prensa Gráfica (El Salvador).   

Quotes: 

"She is outstanding"

A delight to work with

She has superb attention to detail”