International Boundaries & Transboundary Resources: Professional Training Workshop 25-27 October 2023

Workshop Details

IBRU are delighted to be partnering with Freshfields Bruckhaus Deringer LLP for this workshop.

Many of the world’s international boundaries run through areas rich in natural resources, for which there is ever-increasing competition. Most States agree in principle that transboundary resources should be shared in an equitable manner and managed as efficiently as possible. However, in practice it is often very difficult to establish effective regimes that achieve these goals.

Control over natural resources is also an issue that underlies many unresolved inter-State disputes concerning sovereignty over territory, maritime areas associated with that territory, and international boundaries on land and at sea.

Led by a team of expert tutors, this innovative workshop will identify strategies and tools for the effective management of transboundary resources on land and at sea. This will cover issues arising between States, and issues arising between States and companies wishing to exploit resources in both delimited and undelimited areas. This workshop will also address inter-State disputes affecting areas where there are, or are thought to be, hydrocarbons or other natural resources. In particular, it will address recent developments arising from attempts to resolve such disputes by negotiation, conciliation, arbitration and litigation.

Tutors

Professor Neil Craik, Associate Professor of Law, School of Environment, Enterprise and Development, University of Waterloo

Ms Anika Havaldar, Associate, Freshfields Bruckhaus Deringer

Mr Josh Kelly, Associate, Freshfields Bruckhaus Deringer

Professor Gabriel Eckstein, Director of the Energy, Environmental, and Natural Resource Systems Law Program, Texas A&M University School of Law (invited)

Ms Alexandra van der Meulen, Counsel, Freshfields Bruckhaus Deringer

Mr Victor Mosoti, Chief Counsel in the International and Environmental Law Unit, World Bank

Professor Martin Pratt, Director, Bordermap Consulting

Ms Camille Strosser, Associate, Freshfields Bruckhaus Deringer

Mr Will Thomas KC, Partner, Freshfields Bruckhaus Deringer

Workshop Flyer

Workshop Flyer PDF

Workshop Programme

Wednesday 25 October

Introduction: international boundaries and transboundary resources 

• International boundaries and resources: a global survey
• Conflicts over transboundary resources
• The need for effective management

 Options for resolving boundary disputes impacting transboundary resources 

• Obligations to seek to settle disputes peacefully
• Diplomatic/political procedures: negotiation, mediation, conciliation
• Third party adjudication: ICJ, ITLOS, ad hoc arbitration
• Other dispute resolution proceedings: investor-State arbitration, treaty-specific fora

The role of the World Bank in supporting transboundary resource development and management projects 

Sovereignty and jurisdiction: relevant legal principles for resolving boundary disputes 

• Territorial sovereignty and resource ownership / control
• Maritime jurisdiction, boundaries and resource allocation

Thursday 26 October

Cooperation agreements: the case of offshore ‘disputed­ border’ and ‘cross- border’ hydrocarbons deposits

• Unilateral v. cooperative exploitation
• ‘Disputed-border deposits’ and ‘cross-border deposits’
• Key features of cooperation agreements: rights and obligations of the parties; resource allocation; dispute resolution mechanisms

The role of the private sector in transboundary oil & gas exploitation and management 

Practical exercise 

Working in teams, participants will develop proposals for transboundary energy    resource exploitation in a variety of political, legal and geographical settings

Friday 27 October

Deep sea mining 

• Resources of the deep seabed
  • Current interest in deep seabed minerals
  • Exploration and exploitation developments
• Coastal State jurisdiction / The Area
  • Defining the Area
  • Coastal state rights
  • Extended continental shelf
• Working with the International Seabed Authority
  • Organs of the ISA
  • Regulatory Authority
  • Contracts
  • Current status of negotiations
• Deep sea mining dispute resolution

Transboundary water management  

• Transboundary fresh water: the global context
• Key legal instruments for water law:
  • 1997 UN Watercourses Convention
  • 1992 UNECE Convention on Transboundary Watercourses & International Lakes
  • 2008 ILC Draft Articles on the Law of Transboundary Aquifers
• Significant case law
• Recent developments and case studies

What is included in the workshop cost

In addition to tuition and all course materials, the fee covers the following: 

• Lunch and refreshment breaks on 25-27 October

Accommodation 

Please note, your accommodation is NOT included in the workshop fee.

You are expected to organise your own accommodation in New York. There are many hotels close to the workshop venue to meet all budgetary needs.

Travel 

You are expected to organise your own travel arrangements to New York. Please be aware that if you require a visa to visit the United States of America, you will be required to apply for your own visa for entry in to the country. Please allow enough time for your visa to be processed before the start of the workshop. A letter on invitation can be provided to support your visa application. 

Language 

Teaching and workshop materials will be in English. 

Cancellation 

Cancellations must be received in writing not later than the 8 October 2023 and will be subject to a £250 cancellation fee, unless a substitute participant is offered. After this date the full registration fee will be charged for all cancellations. 

Programme changes 

IBRU reserves the right to modify the programme as necessary, without notice to participants. 

Photographs