Leading human rights lawyer Cherie Blair KC has called on lawyers to defend the rule of law in the face of “deeply concerning” attacks on its principles that she said were undermining enforcement and eroding compliance in international disputes.
Speaking at the London International Disputes Week (LIDW) main conference yesterday (3 June), at the QEII Conference Centre, Blair said disputes lawyers had a duty to protect the rule of law “not just for the principle but also for enlightened self-interest”, because it was “the cornerstone of fair and effective dispute resolution”.
Blair, founder and chair of Omnia Strategy, was taking part in a session on the geopolitical and economic landscape and its impact on disputes, which was moderated by Campbell Jackson, global claims and disputes leader at EY.
“We’re seeing institutions under pressure, treaty commitments being revisited or ignored and the legitimacy of international adjudication itself being questioned,” she told the conference.
However, she said there were examples of lawyers, arbitrators, judges and policymakers responding to the challenge.
“We have the tools, we have the legal architecture, and we have a global legal community including everyone in this room who understands the power of law not just to settle disputes but to set standards, uphold rights and build trust,” she said.
Omnia Strategy specialises in investment treaty arbitration and human rights law, and Blair drew on the firm’s experience to illustrate how this issue was playing out.
She cited a case involving an unsuccessful claimant, backed by a litigation funder, which lost its case against a small African country and was now trying to avoid a costs order. She said this raised a stark question: “What does a legal victory mean if compliance is optional?”
She said states were often accused of being “bad actors” for not complying with awards and judgments, but they weren't the only ones “who play fast and loose with their obligations”.
“I feel that tribunals should be much more aware of their ability to make security for costs in these cases to ensure that you don’t actually end up with a Pyrrhic victory against claimants who are supported when it looks like there is money to be won but are not prepared to face the consequences if they lose,” she said.
The session also featured Nigel Gould-Davies, senior fellow for Russia and Eurasia at the International Institute for Strategic Studies.
The Global Legal Post is a media partner of London International Disputes Week. For more coverage, click here.
Email your news and story ideas to: [email protected]
