Chittharanjan Felix Amerasinghe

B.A., LL.B., Ph.D., LL.D. (Cambridge), LL.M. (Harvard), Ph.D. (Ceylon).

Date of Birth: 2 March 1933

DISTINCTIONS AND HONOURS

Visiting Fellow, Trinity Hall, Cambridge (elected in open competition",)

1994 - present Chairman - Committee on International Organizations (American Society of International Law)

1991 - 1994 Appointed Honorary Professor of Law at the University of Colombo.

1990 - present Member, Senior Editorial Board (of 10), Macarthur Foundation Project on the Governing Rules of International Law (American Society of International Law).by invitation

1989 Awarded CERTIFICATE OF MERIT for 1988 by the American Society of International law for The Law of the International Civil Service (1988, Oxford University Press - 2 volumes) -- for the best publication in international law -- one of two awarded. Citation describes the work as one of distinction.

1981 - present Member, Institut de droit international, since 1987; Associate, 1981-87; (by election). Membership restricted to 132 full members and associates at any given time. This is an elected body of limited membership of distinguished and leading international lawyers.

1969 - present Member, Comite d'honneur, International Institute of Human Rights, Strassbourg, France; founded by Nobel Prize \vinner Rene Cassin.

1980 - 1983 Member, Executive Council, American Society of International Law, 1980-1983 by election

1988-present Invited to contribute essays to several (8) collections in honour of distinguished international legal scholars and jurists and have done so.

PROFESSIONAL EXPERIENCE

1981-Present

Have been Executive Secretary and Director, Secretariat, World Bank Administrative Tribunal (WBAT) from 1981 to the present. The WBAT is an important international administrative court.

(i) Apart from administrative duties as Registrar of this Court, I supervise research, give advice to the judges (on the law and procedure) and parties, write parts of judgments, analyse cases for the judges, write legal opinions and provide support for the judges in their judicial functions. I also produce research papers and publications. Research papers on the law are produced under my supervision. During this period I have published books and articles on international legal subjects (see below), mostly outside working assignments. It is necessary in this position to have dealings with the judges who are eminent lawyers (two were ex-Presidents of the ICJ), and Vice Presidents and other high level officials of the World Bank. There is a great deal of diplomacy and tact needed in dealing with judges and the senior management of the Bank. The advice given the judges is important both in substance and in effect and requires a great deal of heavy responsibility, because it can have an impact on the outcome of cases decided. The position held is a senior managerial position in the World Bank, being a headship of a separate independent department, the administrative oversight for which is vested in the Vice President and Secretary of the Bank with whom I deal directly.

(ii) This Court (WBAT--consisting of 7 judges and an Executive Secretary) was established in June 1980. Was appointed Executive Secretary in August 1981. I have been responsible for helping to establish and devise procedures and set up the WBA T on a firm and solid footing, having contributed to its just and fair procedures and consistent and balanced jurisprudence with advice to the Judges and the President of the WBA T. The WBAT has earned the reputation of being one of the leading international administrative courts and has come to be especially respected for its performance and work. There have been several difficult and complex cases decided and I have serviced the Court with knowledge of the precedents, jurisprudence and law in regard to them. The WBAT has decided about 150 cases. One of the many functions I perform is analyzing each case in respect of facts and law so that the judges may understand the issues, etc. better and decide the case justly and effectively. I also cite precedents both of the WBA T and other tribunals in formal papers for each case. In general, I may (and the judges permit this) express opinions to the judges on the justice and propriety of positions and reasoning in the cases to be decided. In this regard I have given support to the judicial function. The legal and other advice given has thus facilitated and provided a foundation for the perforn1ance of the judicial function. It is in this regard, a very specialized function requiring prudence, good judgment, acumen and skill. I have also written papers and opinions for the judges on the procedural and substantive legal aspects of cases before the Court. On some occasions (though infrequently) I have written reasoned draft judgments for cases. The expertise required covers not only international administrative law and administrative law in national systems but also public international law and other areas of law.

(iii) I have written extensively on public international law and on international administrative law including a two-volume treatise on the subject which is in its second edition and is now the authoritative work on the subject. (see below Publications) .

(iv) I have also travelled widely, lecturing to professional lawyers and university research law students on international law, international administrative law, and international organizational law. I have had dealings with the Legal Advisers of many international organizations, and Registrars (Executive Secretaries) of their administrative tribunals courts, including the UN, ILO, Council of Europe and other regional organizations, both in Europe and elsewhere. I was consulted and played a major role in the setting up of the IMF, Asian Development Bank, Commonwealth Secretariat, Bank for International Settlements, and now the African Development Bank, Administrative courts. The Inter-American Development Bank Tribunal and the IDB itself also consulted me after the IDB established its court - in starting it up; so did the Asian Development Bank and the Commonwealth Secretariat and their courts. I am consulted by interested parties on international and organizational law. Counsel for parties outside the WBAT have also consulted me.

1970 - 1981 (v) As Attorney and Senior Counsel, Legal Department, World Bank, I

(a) Made many official missions to developing countries; did work on the drafting and processing of loan and credit agreements; gave legal advice and input on project appraisal reports, etc. connected with World Bank operations and policy; acted as Chief Counsel of operational division on several occasions; gained a great deal of experience in negotiating with governments and in effective and practical diplomacy, arising from dealings with Ministers and other high level government officials;

(b) Dealt with matters concerning the law of international organizations and international law in general and participated in the preparation of Board and other papers on these matters;

(c) Had assignments on the International Centre for the Settlement of Investment Disputes (ICSID) and prepared several articles for publication (see section 6.A(b)). In doing assignments for the ICSID between 1972 and 1980 when in the Legal Department of the World Bank, I participated in the ICSID procedure for the settlement of investment disputes;

(d) Carried out assignments concerned with expropriation and the promotion of foreign investment - wrote papers in this area;

(e) Worked as Legal Adviser to the preparatory body on the Common Fund for Commodities 1980-82, (seconded by World Bank).

(vi) On the Law of the Sea,

(a) I was assigned principal responsibility for Law of the Sea affairs in the Legal Department of the World Bank In this capacity I was the legal representative on the World Bank's delegation to the Law of the Sea Conference which culminated in the Convention of 1982. I wrote papers and attended conference sessions. Particularly attended Committee I (seabed) and Committee on Dispute Settlement.

(b) Apart from attending the conferences, I was called upon for advice (and did give advice) by the President of the Conference, H. Shirley Amerasinghe, on a broad variety of matters connected with the Law of the Sea. I gave advice particularly on matters concerning the Seabed Authority and dispute settlement. I was especially involved in this capacity in the proceedings of the conference on the Seabed Authority, the settlement of disputes and the regimes of islands and archipelagos helped formulate provisions of the Convention on these matters particularly, though there was input in other areas as well.

(c) I have kept abreast of developments in the Law of the Sea since 1982.

(d) I have published articles on the Law of the Sea (see below).

1962 - 1970

(vii) Academic work as lecturer and Professor in a University Law Faculty teaching and research- published. Have done supervision of research on international law and examined these for Ph.D. and other post graduated degrees.

(viii) Was consultant on international law, mainly to governments, but also to other litigants.

(ix) 1960 - 1962 Practical experience in law as legal executive for a corporation.

OTHER PARTICULARS

Member, Governmental Commission on Local Government, 1969 (Ceylon). Invited to submit memorandum and give evidence before the Parliamentary Select Committee on Constitutional Reform, Ceylon, 1968, (as a legal expert). Member, Panel of International Law Experts, United Nations Organization, from 1967.

Member, Ceylon delegation to the Asian African Legal Consultative Committee, 1964.

Delegate by invitation, Athens Conference of International Law Experts (sponsored by the Carnegie Endowment for International Peace), 1966.

Delegate by invitation, Hong Kong Conference of International Law Experts (sponsored by the Carnegie Endowment for International Peace), 1967.

Delegate by invitation, Bellagio Conference of International Law Experts on Individual Rights and the State in Foreign Affairs, 1972.

Invited to represent Ceylon at the Conference of the Lawyer sponsored by the International Legal Centre, New York, 1968.

Rapporteur on "Nationalization" at the Colloquium of the International Commission of Jurists on the Rule of Law, 1966.

Invited on 3 occasions to read papers and contribute to the Sokol Colloquiums on International Law (U.S.A.),

1990-1994.

Member, International Law Association, since 1982.

Member, American Society of International Law, since 1963 (originally complimentary). (USA)

Member, International Commission of Jurists (Ceylon section), by invitation, 1962-1970. (Geneva)

Member, Institut de droit international (by election) - present - (all world).

Member, British Institute of International and Comparative Law. (UK)

Member, Committee on State Responsibility of the American Society of International law, 1975-1984.

Member, Comite d' houneur, International Institute of Human Rights (present). (France)

Member (nominated by Sri Lanka), Panels of Conciliators and Arbitrators under the law of the Sea Convention, 1995.

Read papers and lectured to many learned societies, including Indian Society of International Law. Read papers and lectured at University Law Schools in U.S.A., Canada, England, and Scandinavia, and at the universities and to professional and learned societies in Mexico, Brazil, Australia, Singapore, Hong-Kong, Sri Lanka, India, Malaysia (inter alia).

Member, Middle Temple, London.

Judge on more than one occasion In Jessup Moot Competitions of American Society of International Law.

Member, Senior Advisory Board, Foundation for International Environmental Law (FIELD). (UK)

Chairman, Sri Lanka Overseas Foundation (1986 - present); earlier Vice-Chairman.

Member, World Bank delegation to Law of the Sea Conference as Legal Representative, 19731981.

Member, Advisory Board, Sri Lanka Journal of International Law.

Judge on panel of Arbitral Tribunal of Commonwealth Secretariat (1996 to present)

Listed in International Who's Who and Who's Who in the World (Marquis), among other directories..

SELECT PUBLICATIONS

A. International Law

(a) Books

1. State Responsibility for Injuries to Aliem, 1967, Clarendon Press, Oxford University, xvi plus 324 pages (Cambridge Ph.D. after published).

2. Studies in International Law, 1969, Lake House Investments, Colombo, xii plus 322 pages.

3. The Law of the International Civil Service, (as applied by international administrative tribunals) - a 2 volume treatise, 1994, second edition, Clarendon Press, Oxford University, 1,204 pages plus introductory pages (table of cases etc.). - This has become the authoritative work on the subject.

4. Documents on International Administrative Tribunals; 1989, Clarendon Press, Oxford University, x plus 205 pages.

5. Case Law of the World Bank Administrative Tribunal 1981-92; 2 volumes, 1989, 1993, Clarendon Press, Oxford University (volume 3 being prepared).

6. Local Remedies in International Law, 1990, Grotius Publications, Cambridge University, xxviii plus 410 pages.

7. Principles of the Institutional Law of International Organizations, to be published in 1996 by Cambridge University Press (Grotius imprint), xxxii plus 510 pages.

b. Articles

8. "Sovereign Immunity", 7 International & Comparative Law Quarterly (1957), pp. 360 ff.

9. "Exhaustion of Procedural Remedies in the Same Court", 13 International & Comparative Law Quarterly (1963), pp. 1285-1325.

10. "Non-confirmation of Probationary Appointments", (with D. Bellinger), British Yearbook of International Law, (1983), pp. 167-206.

11. "Sources of International Administrative Law", in International Law at the time of its Codification, Essays in honour of Roberto Ago (1987), pp. 67-95.

12. "Claimants to Staff Membership before International Administrative Tribunals" (\vith D. Thorslund), 38 International and Comparative Law Quarterly (1989), pp.653-667.

13. "The World Bank Administrative Tribunal - Its Establishment and its Work", published by Martinus Nijhoff in a collection of Essays 011 International Administration (1990) (ed. de Cooker), V. 3 pp. 1-39.

14. "Liability to Third Parties of Member States of International Organizations Practice, Principle and Judicial Precedent", 85 American Journal of International Law (1991), pp. 259-280.

15. "Problems of Evidence before International Administrative Tribunals", in a collection of essays on Evidence before International Tribunals (ed. R. Lillich) (1991), pp. 205-233.

16. "Whither the Local Remedies Rule?" 5 ICSID Review (1990) pp. 292-310.

17. Problems Relating to Promotion in the Law of the International Civil Service", 51 ZAORV (1991) pp. 923-37.

18. "Issues of Compensation for the Taking of Alien Property", 41 International and Comparative Law Quarterly (1992) pp. 22-65.

19. "Limitations on the Rule of Local Remedies", in Essays in Honour of Prof Manuel Diez de Velasco (1992).

20. "Aspects of the Administration of Justice by E. Lauterpacht", book review in 8 ICSID Review (1993), pp. 185-7.

21. "The Prawn Farnl (AAPL) Arbitration", 4 Sri Lanka Journal of International Law (1992), pp. 155-61.

22. "Human Rights, Basic Rights and the Protection of International Civil Servants", 2 Sri Lanka Journal of International Law (1990), pp. 1-35.

23. "Arbitration and the Rule of Local Remedies", published in Festchrifrfor Rudolph Bernhardt (1995).

24. "International Legal Personality Revisited", In Austrian Journal of Public International Law (December 1994).

25. "Interpretation of Texts in Open International Organizations", published in British Yearbook of International Law (1994).

26. "Decisions of the World Bank Administrative Tribunal from 1981 to 1989: An Assessment", in Liber Amicorwn in Tribute to Judge Eduardo Jimenez de Arechaga (1994).

27. "Cases of the ICJ Relating to Employment in International Organizations", published in Essays in Honour of Judge Robert Yewdall Jennings (1996).

28. "Supervision by International Administrative Tribunals of Legislative Acts of International Organizations in Relations with their Staff", in 1 Liber Amicorum Professor Hem)' G. Schermers (1994), pp. 239-54.

29. "International Administrative Law in the Twenty-first Century",

LANGUAGES

English, Sinhalese, French, [some Dutch and Afrikaans, acquaintance with Spanish and Italian].

(Distinguished author of numerous other books and learned articles in various fields of law).