Howard Mann International Law
Howard Mann  International Law

(Downloadable CV)

 

 

HOWARD MANN

 

578 O’Connor St., Ottawa, Ontario Canada K1S 3R3

(613) 286-5383; h.mann@sympatico.ca ; www.howardmann.ca

CURRICULUM VITAE

PERSONAL:     

Citizenship:    Canadian

Languages:    English, French

 

LEGAL PRACTICE

1999–present

Senior International Law Advisor, International Institute for Sustainable Development, Canada

  • ƒLegal advisor on international trade and investment law to leading Canadian research and policy institute on sustainable development
  • ƒ2003–2009: Initiated and managed Investment and Sustainable Development program ( www.iisd.org/investment )

1993–2005

Private practice specializing in international law

  • ƒPrivate practice specializing in international law consulting services
  • ƒClients include Government of Canada, international organizations, national and international non-governmental organizations

1988–1993

Counsel, Department of Justice, Ottawa

  • ƒJoined Department of Justice as articling Student, 1988
  • ƒCounsel, International and Constitutional Law Section, 1988–1991
  • ƒCounsel, Legal Services, Environment Canada, 1991–1993
  • ƒLead responsibility for international environmental negotiations for Environment Canada

1983–1988

Assistant to Prof. Roslyn Higgins, Professor of International Law, London School of Economics, London UK

  • ƒAcademic research assistant, 1983–1988
  • ƒResearch for private legal practice, 1984–1988

RELATED APPOINTMENTS AND EXPERIENCE

2012-2015

University of Dundee

  • Honorary Associate, Graduate School of Natural Resources Law, Policy and Management, Centre for Energy Petroleum and Mineral Law and Policy, appointment of the University Senate.

2009–2011

International Bar Association, Mining Law Committee

  • Member of the Administrative Committee for the development of the Model Mining Development Agreement for use in developing countries

2006–2008

International Commission of Jurists

  • Member of the Expert Panel on Corporate Complicity in International Crimes

2003-2004

Government of Canada

  • Member, Ad-Hoc Expert Advisory Group on international investment law, leading to the preparation of the 2004 Model Canadian bilateral investment treaty

1997-1999

Government of Canada

  • Member, Special Advisory Committee on international trade law and the environment

2000–2002

1989-1991

Adjunct Professor, University of Ottawa Faculty of Law

  • Sessional lecturer in public international law on sustainable development, 2000–2002;
  • Sessional lecturer in public international law, Introductory course, 1989–1991

PRACTICE HIGHLIGHTS

  • Development of direct legal advisory service to 3 of the BRICS countries on international investment treaties and domestic investment law.

  • Provides legal and policy advice to developing country governments on investment treaty negotiations, now numbering over 80 governments, 2005–present.

  • Lead consulting lawyer, Southern Africa Development Community (SADC), preparation of SADC Model Bilateral Investment Treaty Template and Commentary, 2010-2012.

  • Lead, SADC/IISD Training Programme, Negotiating International Investment Treaties, Pretoria, 30 July-3 August 2012.

  • Provides legal advice to several developing country governments on domestic laws relating to foreign investment, in particular in Africa, 2010-present.

  • Member of advisory team to Government of Ecuador, Ministerio de Recursos Naturales no Renovables, Proyecto de Diseño de Contrato Minero (Model National Mine Development Contract project), June-October 2010.

  • Member of the Drafting Committee and the Administrative Committee for the development of the International Bar Association’s Model Mining Development Agreement for use in developing countries, 2009-2011.

  • Prepared a briefing paper for Prof. John Ruggie, United Nations Special Representative of the Secretary General for Business and Human Rights, entitled International Investment Agreements, Business and Human Rights: Key Issues and Opportunities; ongoing participation in related expert advisory meetings on the resulting “Responsible Contracting” project, 2007–2011.

  • Team leader, training session on international investment law for developing country investment treaty negotiators, at the United Nations Economic Commission for Latin America and the Caribbean, Santiago Chile (2007), involving over 20 private practice, government and non-governmental lawyers.

  • Team leader, similar training session for eastern African countries, led by IISD in association with the Trade Policy Training Center for Africa (TRAPCA), in Arusha, Tanzania, 2009.

  • Lead drafter, first amicus curiae submission in international investment law arbitrations, cited in Methanex v. United States, 2000–2005.

  • Lead drafter, first amicus curiae submission under International Centre for the Settlement of Investment Disputes (ICSID) revised Arbitration Rules, cited in Biwater v. Tanzania, 2006–2007.

  • Lead writer, IISD Model International Agreement on Investment for Sustainable Development, 2004–2005.

  • 2004–2005, Special Counsel on behalf of municipal governments and others, Federal Court of Appeal, Canada, in Sumas Energy 2, Inc. v. Canada (National Energy Board) (Federal Court of Appeal)[2006]1 F.C.R. 456, the first case in Canada’s domestic courts to address the scope of NAFTA’s Chapter Eleven on Investment.

  • Prepared international law and Canadian constitutional law case materials for Supreme Court of Canada and Federal Court of Canada cases on international sovereign immunity (United States of America v. Public Service Alliance of Canada [1992] 2 S.C.R. 50), and Canadian and international environmental law.

  • Member of Canadian delegation to multiple international negotiations at the United Nations, including climate change, hazardous waste, United Nations Conference on Environment and Development (UNCED)1992,, and in NAFTA and bilateral US-Canada negotiations. Received Prime Ministerial citation for work relating to UNCED, 1992.

  • Contributed legal advice on the preparation of several pieces of Canadian federal environmental law, including the Canadian Environmental Impact Assessment Act and regulations under the Canadian Environmental Protection Act.

EDUCATION

1985–1988

London School of Economics, London, United Kingdom, Ph.D., joint degree in international law and international relations

1983-1984

London School of Economics, London, United Kingdom, LL.M, international law

1982-1983

Barreau du Quebec, Bar Admission Course

1979-1982

McGill University, Faculty of Law, Montreal, Canada , Bachelor of Civil Law

1975-1978

Concordia University, Montreal Canada, Bachelor of Arts, Cum laude

SELECTED PUBLICATIONS

  • “Reconceptualizing International Investment Law: It’s Role in Sustainable Development”, Lewis & Clark Law Review, Volume 17, 2013, pp. 521-544.

  • “Foreign Investment in Agriculture: Some Critical Contract Issues”, Uniform Law Review/Revue de Droit Uniforme, Volume XVII, 2012-1/2.

  • “Stabilization in Investment Contracts: Rethinking the Context, Reformulating the Result”, Investment Treaty News, Volume 2, October 2011. (http://www.iisd.org/publications/pub.aspx?id=1494)

  • “Civil Society Perspectives: What Do Key Stakeholders Expect From The International Investment Regime?”, in Jose Alvarez and Karl Sauvant, eds., The Evolving International Investment Regime, Expectations, Realities, Options, Oxford University Press, 2011.

  • “Foreign Investment Contracts and Sustainable Development: The New Foundations Begin to Emerge”, Investment Treaty News, Volume 1, July 2011. (http://www.iisd.org/publications/pub.aspx?id=1470)

  • “The Realities of Sustainability”, featured interview, International Financial Law Review, 4 October, 2010, prepared for International Bar Association. (http://www.iisd.org/publications/pub.aspx?id=1352)

  • “A Thirst for Distant Lands: Foreign Investment in Agricultural Land and Water”, Howard Mann and Carin Smaller, International Institute for Sustainable Development, 2009. (http://www.iisd.org/publications/pub.aspx?id=1122)

  • “International Investment Agreements, Business and Human Rights: Key Issues and Opportunities”, prepared for the United Nations Special Representative for Business and Human Rights, February, 2008, available at http://www.iisd.org/pdf/2008/iia_business_human_rights.pdf

  • “Transparency and Consistency in International Investment Law: Can the Problems be Fixed by Tinkering?”, in Karl P. Sauvant ed., Appeals Mechanism in International Investment Disputes, Oxford University Press, 2008.

  • “The Final Decision in Methanex v. United States: Some New Wine in Some New Bottles”, Transnational Dispute Management Volume 3, Issue 5, December 2006. Available at http://www.transnational-dispute-management.com/members/articles/welcome.asp?key=847&n_key=15

  • “Implications of International Trade and Investment Agreements for Water and Water Services: Some Responses from Other Sources of International Law”, reprinted in Transnational Dispute Management, Volume 3, Issue 5, 2006. Available at http://www.transnational-dispute-management.com/members/articles/welcome.asp?key=900&n_key=15

  • “IISD Model Agreement on Investment for Sustainable Development”, lead author, with Konrad von Moltke, Aaron Cosbey and Luke Peterson, International Institute for Sustainable Development, 2005. Reprinted in the ICSID Review, Fall, 2005. Second edition published 2006. Available at http://www.iisd.org/pdf/2005/investment_model_int_handbook.pdf

  • “The Emperor’s Clothes Come Off: A Comment on Republic of Ghana v. Telekom Malaysia Berhard, and the Problem of Arbitrator Conflict of Interest”, Transnational Dispute Management, Volume 2, Issue 1, 2005. Available at http://www.transnational-dispute-management.com/members/articles/welcome.asp

  • “International Law and the Child Soldier”, Volume 36 ICLQ 1987, pp. 32-57.

SELECTED CONFERENCE PAPERS

  • “Salient Legal Issues in the Substantive Standards of Protection in CETA”, McGill University Faculty of Law, Conference on the Canada – EU Comprehensive Economic and Trade Agreement, November 1, 2014

  • “Community Engagement – Frameworks and Approaches”, Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development, , 20 October 2014

  • “The MMDA and International Best Practices for the Mining Industry”, Mining in Africa: Opportunities and Legal Challenges, International Bar Association, Dar es Salaam, 8 September 2014

  • “Bilateral Investment Treaties, Mining and National Champions: Making it Work”, Ad Hoc Experts Group Meeting: Bilateral Investment Treaties and National Champions, 18 February, 2014

  • Workshop on International Investment Treaties & China 2013, Shanghai Consultative Centre on the World Trade Organization,, 11 November, 2013

  • “Preparing for Mining Contract Negotiations”, Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development, 28 October 2013

  • “Do We Need Investment Treaties?”, International Law Student’s Association, International Law Weekend, October 2013, Fordham University, New York.

  • “Where Public Meets Private: International Law and the Dynamic Interpretation of Treaties in the Context of the Draft UNCITRAL Rules on Transparency”, VALE Columbia Centre on Sustainable International Investment, February 2013, New York.

  • “Is There a Need to Rebalance the Investor-State Relationship?, Seventh Columbia International Investment Conference, VALE Columbia Centre on Sustainable International Investment, November 2012, New York.

  • “Whether to Protect Investment from Tax Increases? Stabilization and Fiscal Arrangements in a Sustainable Development Context”, Dundee University Centre for Energy, Petroleum and Mineral Law and Policy, Annual Mining Seminar (“Minerals Taxation and Sustainable Development”), June 2012, London.

  • “Integrating Corporate Standards Into International Investment Treaties”, Kings College, University of London, Conference on Embedding Human Rights into Investment Treaties, May 2011, London.

  • “The International Bar Association’s Model Mining Development Agreement (MMDA)”, Dundee University Centre for Energy, Petroleum and Mineral Law and Policy, Annual Mining Seminar (“Minerals and Mining: What Role in a Sustainable Future?”), May 2011, Dundee, Scotland.

  • “The New Gold Rush: Foreign Investment in Developing Country Natural Resources”, American Bar Association Section on International Law, April 2011, Washington D.C.

  • “Public Policy for FDI and Sustainable Recovery”, Fourth Columbia Investment Conference, November 2009, Columbia University.

  • “Foreign Investment in Developing Country Agriculture”, Experts Meeting, United Nations Food and Agriculture Organization, Rome, July 2009.

  • “Civil Society Perspectives: What Do Key Stakeholders Expect From the International Investment Regime?”, Second Columbia International Investment Conference, October 2007, Columbia University.

  • “Transparency and Consistency in International Investment Law: Can the Problems be Fixed by Tinkering?”, First Columbia International Investment Conference, October 2006, Columbia University.

  • “Is Fair and Equitable Treatment Fair, Equitable, Just or Under Law?”, American Society of International Law, 100th Anniversary Meeting, March 2006.

  • “Implications of International Trade and Investment Agreements for Water and Water Services: Some Responses from Other Sources of International Law”, Fourth World Water Forum, Mexico City, March 2006.

  • “Procedural Issues in International Investor-State Arbitrations”, United Nations Conference on Trade and Development (UNCTAD), Commission on Investment, Technology and Related Financial Issues, 9th Session: Policy Dialogue on “Investor-State Disputes and Policy Implications”, Geneva, March 8, 2005.

  • “Reshaping International Investment Agreements”, Royal Institute for International Affairs (Chatham House) Conference, “Trade and Sustainable Development Priorities, Post Doha”, London, April 2003.

 

A full list of publications and conference papers is available on request.

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