Vincent-Joël Proulx - HKIAC
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Vincent-Joël Proulx Address: National University of Singapore, Faculty of Law 469G Bukit Timah Road, Eu Tong Sen Building #BB-03-08 Singapore 259776 Telephone: +1 (604) 726-3598 (mobile) / +65 6601 3979 (office) Email: vj.proulx@outlook.com Nationality: Canadian; Application for Portuguese nationality in process Webpage: http://www.law.nus.edu.sg/people/vincent-joel-proulx BIOGRAPHY I am a Canadian lawyer and law professor with over 17 years of practice, research, and academic experience in the fields of public international law, international dispute settlement, private international law, counterterrorism and national security, and comparative legal traditions (with a focus on civil law and common law systems). I have extensive professional experience in the fields of international dispute settlement and international law, with a particular focus on State-to-State disputes and investor-State arbitration. Advised the President of the International Court of Justice (ICJ) and other judges on over 20 State-to-State disputes in English and French at various stages of litigation, including incidental proceedings (i.e. requests for and modification of provisional measures), third-party intervention requests, joinder applications, counter-claims, preliminary objections, merits proceedings, compensation proceedings, and nomination of post-judgment experts. Served in same capacity in 2 advisory opinion proceedings. Experienced in several substantive matters including State responsibility, commercial contract law, international trade and investment law, privileges and immunities, law of the sea and maritime delimitation, territorial and boundary disputes, treaty law, international environmental law, international administrative law, international organisations law and practice, international human rights and humanitarian law, the application of international law by domestic courts and agencies, and counterterrorism law and national security. Through professional experience, teaching and scholarly work, acquired knowledge of a vast range of legal systems and industries, and familiarity with all the leading institutional arbitration rules (HKIAC, ICC, ICSID, LCIA, PCA, SCC, SIAC, UNCITRAL, and ad hoc regimes). Appointed to SIAC’s Reserve Panel of Arbitrators. Assisted with appointing authority matters under the UNCITRAL Rules in commercial arbitration cases involving construction, oil & gas, sale of goods, mining, finance and joint ventures, telecommunications, and other contractual disputes. Also assisted with arbitrator challenges. As expert, advised a Canadian Queen’s Counsel on ongoing litigation in Canadian courts (regarding the application of international law in domestic courts), and a foreign government on pending litigation before the ICJ (both on procedural and substantive matters). My current research centres on international dispute settlement and international trade, investment, and commercial law. EXPERIENCE NATIONAL UNIVERSITY OF SINGAPORE’S FACULTY OF LAW (NUS LAW), SINGAPORE Associate Professor (with tenure) (Dec 2019- ) Courses designed and taught include International Dispute Settlement (international commercial arbitration, investor-State arbitration, all manner of State-to-State dispute settlement, and ADR), State Responsibility: Theory and Practice (public international law, intersection with investor-State arbitration and State-to-State disputes), Legal Systems of Asia (including the civil law and arbitration in Asia) Awarded faculty-level Annual Teaching Excellence Award and nominated for university-level Annual Teaching Excellence Award for academic year 2018-2019 (NUS) Presented work at over 35 international conferences, including ASIL, the Society of International Economic Law and the Asian Society of International Law, and delivered guest lectures at leading institutions in Asia, Australia, Europe, and North America Assistant Professor (Sept 2015-Dec 2019) Teaching and researching in the areas of international law, international dispute settlement, and comparative law Invited panellist and discussant on attribution in investment arbitration at the 2019 SIAC-CIL Academic-Practitioner Colloquium Other Teaching The Hague Academy of International Law, Director of Studies (French programme), 2022 winter session Invited faculty at last four editions of Singapore International Arbitration Academy (SIAA), teaching sessions on general principles of international law and the investment treaty regime Invited speaker at training workshop commissioned by Singapore International Arbitration Centre (SIAC) with the Office of the Government Corporate Counsel, Republic of the Philippines on the SIAC Investment Arbitration Rules (covering various topics including investor-State dispute settlement and differences with other similar procedures, jurisdictional criteria, appointment of and challenges to arbitrators, emergency arbitration, early dismissal of claims and defences, submissions by non-disputing parties, third- party funding arrangements, and confidentiality and publication of key information relating to disputes) 1|P a g e
Invited faculty at a course commissioned by Singapore’s Ministry of Foreign Affairs, training high-level governmental and diplomatic personnel on the United Nations Charter, diplomatic and consular relations, and the application of international law by government agencies and domestic courts INTERNATIONAL COURT OF JUSTICE (ICJ), THE HAGUE, THE NETHERLANDS Special Assistant to the President of the ICJ, H.E. Judge Peter Tomka (Feb 2012-March 2015) Legal advisory role to the President of the World Court Provided research and drafting assistance on all pending cases and for extra-judicial activities Attended all confidential deliberations and Court meetings and participated in all meetings of judgment drafting committees leading to final judgments, providing analytical summaries and advice on both procedural and substantive matters Conducted substantive research for investor-State cases involving breaches of investment treaty obligations Drafted speeches, official statements, and public lectures Carried out various administrative, diplomatic, and liaison tasks Associate Legal Officer to the Vice-President of the ICJ, H.E. Judge Peter Tomka (Sept 2010-Feb 2012) Provided research and drafting assistance on pending cases and served in advisory role Drafted extra-judicial documents, including speeches, statements, and public lectures Assisted H.E. Judge ad hoc Jean-Pierre Cot in a maritime delimitation case Law Clerk to H.E. Judge Mohamed Bennouna (Aug 2008-June 2009) Provided research and assistance in preparation of hearings and written judgments Drafted memoranda detailing the arguments, issues, and facts arising in pending cases Analysed and summarised treaties, jurisprudence, and various other texts and publications Researched various topics and drafted memoranda in support of the Judge’s personal assignments INSTITUTE OF INTERNATIONAL LAW Secretariat Reporter (Secrétaire-rédacteur) (2011-2019) Served in that capacity at five biennial sessions (in Greece, Japan, Estonia, India, and The Netherlands) Drafted, reviewed, and translated various documents on international legal matters, including international arbitration, in support of the Institute’s sessions, both in French and English, including for publication in its Yearbook COURT OF APPEAL FOR ONTARIO, TORONTO, CANADA Law Clerk to Judges Robert J. Sharpe and Eleanore A. Cronk (Sept 2009-Sept 2010) Provided research assistance, drafted pre-hearing memoranda detailing the arguments, issues, and facts of each case Domestic law cases included criminal, administrative and constitutional law, all manner of private law, and private international law Analysed and summarised legislation, jurisprudence, and scholarly literature Attended hearings, produced post-hearing memoranda and research memoranda, and edited draft judgments Drafted speeches and research papers in support of Judges’ personal assignments WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS, WASHINGTON, DC, USA Quebec Scholar (June-Aug 2009) Carried out policy work on international affairs, national security, and scholarly work on international law at both the Canada Institute and the Division of International Security Studies MCGILL UNIVERSITY FACULTY OF LAW, MONTREAL, CANADA Programme Coordinator, International Judicial Internships Programme (2005-2008) Designed, implemented, and managed a global judicial internships programme for more than 15 internships Research Assistant to Professors Stephen J. Toope, Fabien Gélinas, René Provost, and Frédéric Mégret (2005-2006) Provided research assistance and support on various international law, dispute settlement, and administrative matters INFORMATION COMMISSIONER OF CANADA, OFFICE OF THE GENERAL COUNSEL, OTTAWA, CANADA Summer Law Student (Apr-Aug 2003) Drafted memorandum of fact and law for permission to seek leave to the Supreme Court of Canada Drafted various legal opinions on constitutional, administrative and access to information law, federal civil procedure Assisted in preparing access to information litigation and related documents for federal court proceedings CANADIAN DEPARTMENT OF FOREIGN AFFAIRS AND INTERNATIONAL TRADE (DFAIT), OTTAWA, CANADA Administrative Assistant, European Union Division (2001-2002; full and part-time) Worked on various trade-related and political projects relevant to Canada-EU relations Summer Law Student, Southern Europe Division (2001) Worked on a Canadian trade mission and various trade-related projects relevant to Canada’s international relations 2|P a g e
INDUSTRY CANADA, INFORMATION HIGHWAY APPLICATIONS BRANCH, OTTAWA, CANADA Junior Programme Officer/Senior Clerk, Voluntary Sector Network Support Program (VolNet) (1998-2001; full and part-time) Worked on various projects related to internet connectivity and cyberspace development in the voluntary sector and on a major project on Y2K preparedness across the public sector EDUCATION Doctorate in International Law (D.C.L./Ph.D.), McGill University Faculty of Law (various scholarships) 2011 Master of Laws in International Legal Studies (LL.M.), New York University School of Law 2004 Baccalaureate of Laws (Common Law) (LL.B./J.D. equivalent) (cum laude), University of Ottawa 2003 Licentiate in Law (Civil Law) (LL.L.) (cum laude), University of Ottawa 2002 SELECTED PUBLICATIONS 1) ‘The World Court’s Jurisdictional Formalism and its Lost Market Share: The Marshall Islands Decisions and the Quest for a Suitable Dispute Settlement Forum for Multilateral Disputes’ (2017) 30 Leiden Journal of International Law 925–946 2) ‘The Evidentiary Practice of the World Court’ in Juan Carlos Sainz-Borgo et al (eds), Liber Amicorum in Honour of a Modern Renaissance Man: His Excellency Gudmundur Eiríksson (Universal Law Publishing/LexisNexis 2017) 361–382 (with H.E. ICJ Judge Peter Tomka) 3) Institutionalizing State Responsibility: Global Security and UN Organs (Oxford University Press 2016) 400pp 4) ‘Les Affaires africaines devant les chambres de la Cour internationale de Justice’ in Makane Mbengue & Maurice Kamga (eds), Liber Amicorum Raymond Ranjeva: Africa and International Law: Reflections on the International Organization (Editions Pedone 2013) 323–349 (with H.E. ICJ President Peter Tomka) 5) Transnational Terrorism and State Accountability: A New Theory of Prevention (Hart Publishing 2012) 378pp See attached appendix for full list of publications. Awarded the 2014 Myres S. McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists for first monograph and the best paper award from the Japan Chapter of the Asian Society of International Law at its 2018 Global Annual Conference for co-authored paper, titled ‘Requiem for a Deal, or the End of American Influence in the Investment Chapters of Asia-relevant FTAs?’ LANGUAGES Bilingual in English/French Spanish (written and spoken) APPOINTMENTS AND MEMBERSHIPS Barrister and Solicitor, Law Society of Ontario, Canada (2010- ) Member, Reserve Panel of Arbitrators, Singapore International Arbitration Centre (SIAC) Member, ICC Canada Arbitration Committee, Canadian Chamber of Commerce Director of Studies, The Hague Academy of International Law (French programme, 2022 winter session) Secretariat Reporter (Secrétaire-rédacteur), Institute of International Law (2011-2019) Member, Executive Council, Asian Society of International Law Member, Executive Committee, Asia-Pacific Centre for Environmental Law (APCEL) Member, Board of Experts, Talking about Terrorism (non-partisan think tank based in Washington, DC) Member, International Law Association (ILA) Study Group on Individual Responsibility in International Law Rapporteur, Oxford International Organizations (OXIO) Member, Asian Society of International Law Member, American Society of International Law Member, Canadian Council on International Law Member, International Law Association (ILA) – Singapore Branch 3|P a g e
APPENDIX – LIST OF PUBLICATIONS MONOGRAPHS 1. Institutionalizing State Responsibility: Global Security and UN Organs, with a Foreword by His Excellency Judge Peter Tomka, former President of the International Court of Justice (Oxford: Oxford University Press 2016) (Oxford Monographs in International Law) 400pp • Cited in Fourth Report: ‘Legal Aspects of the Use of Nuclear Energy for Peaceful Purposes’, International Law Association Committee on Nuclear Weapons, Non Proliferation & Contemporary International Law (Professor Jonathan L. Black-Branch, Chair and Professor Dieter Fleck, Rapporteur), at para 19, , published in (2018) 78 International Law Association Reports of Conferences 816, 834 • Book reviews forthcoming in (2021) 32 European Journal of International Law and (2021) 27 Australian Journal of Human Rights 2. Transnational Terrorism and State Accountability: A New Theory of Prevention, with a Foreword by His Excellency ICJ Judge Bruno Simma (Oxford and Portland: Hart Publishing 2012) (Hart Monographs in Transnational and International Law, No. 9) 378pp • Awarded the 2014 Myres S. McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists • Reviewed in: (2014) 73 Cambridge Law Journal 451–455 (2012) 50 Canadian Yearbook of International Law 671–675 (2012) 58 Annuaire Français de Droit International 982–983 (2013) Revue Québécoise de Droit International, 1 October (4 pages), (2013) ASIL Cables, American Society of International Law, 18 April (2 pages) LEAD ARTICLES 1. ‘A Postmortem for International Criminal Law?: Terrorism, Law and Politics, and the Reaffirmation of State Sovereignty’ (2020) 11 Harvard National Security Journal 151–213 2. ‘International Civil Individual Responsibility and the Security Council: Building the Foundations of a General Regime’ (2019) 40 Michigan Journal of International Law 215–287 • Featured in Talking About Terrorism, a non-partisan think tank specialised in terrorism-related issues based in Washington, DC, • Featured in 14(6) War Crimes Prosecution Watch, ‘Worth Reading’ section (27 April 2019), 3. ‘The World Court’s Jurisdictional Formalism and its Lost Market Share: The Marshall Islands Decisions and the Quest for a Suitable Dispute Settlement Forum for Multilateral Disputes’ (2017) 30 Leiden Journal of International Law 925–946 • Reprinted in William A. Schabas (ed), The International Court of Justice: Volume 2 (Cheltenham and Northampton: Edward Elgar 2020) 632 (chapter 29) 4. ‘An Incomplete Revolution: Enhancing the Security Council’s Role in Enforcing Counterterrorism Obligations’ (2017) 8 Journal of International Dispute Settlement 303–338 4|P a g e
• Cited in Second Annual Report of the United Nations Special Rapporteur on Counter-terrorism and Human Rights to the General Assembly, UN Doc. A/73/361 (3 September 2018), at page 13, available at 5. ‘The Marshall Islands Judgments and Multilateral Disputes at the World Court: Whither Access to International Justice?’ (2017) 111 American Journal of International Law Unbound (AJIL Unbound) 96–101 6. ‘International and Municipal Law before the World Court: One or Two Legal Orders?’ (2016) 35 Polish Yearbook of International Law 11–46 [with His Excellency ICJ Judge Peter Tomka and Jessica Howley] • Cited in Fifth Report on Identification of Customary International Law (Addendum) by Sir Michael Wood, Special Rapporteur, International Law Commission, UN Doc. A/CN.4/717/Add.1 (6 June 2018), at page 30, available at 7. ‘The Use of Academic Writing in Appellate Judicial Decision-Making’ (2011) 50 Canadian Business Law Journal 550–571 [with The Honourable Robert J. Sharpe] 8. ‘Babysitting Terrorists: Should States Be Strictly Liable for Failing to Prevent Transborder Attacks?’ (2005) 23 Berkeley Journal of International Law 615–668 • Featured in the Chronicle of Higher Education and www.chronicle.com: David Glenn, ‘Scholar Would Place Liability on Countries That Harbor Terrorists (Vincent-Joel Proulx of McGill University Faculty of Law’s opinion on Pakistan’s responsibility in London Terrorist Bombings, 2005) (Interview)’, The Chronicle of Higher Education, Volume 52, Issue 31, 7 April 2006, at page A24 • Reprinted (slightly revised) in Sanford Silverburg (ed), International Law: A Reader on Contemporary Issues and Future Developments (Boulder: Westview Press 2011) 406–447 9. ‘Borrowing from our Common Law Cousins: American and British Influences on the Merger of Canadian Trademark and Internet Domain Name Laws’ (2005) 22 Arizona Journal of International and Comparative Law 505– 582 10. ‘If the Hat Fits, Wear It, If the Turban Fits, Run for Your Life: Reflections on the Indefinite Detention and Targeted Killing of Suspected Terrorists’ (2005) 56 Hastings Law Journal 801–901 • Cited by the Supreme Court of Israel in The Public Committee Against Torture in Israel 2, HCJ 769/02 1, 13 December 2006, at para 30, available at (unanimous decision) (cited by the Honourable President (Emeritus) Aharon Barak, Justices Dorit Beinisch and Eliezer Rivlin concurring) 11. ‘Rethinking the Jurisdiction of the International Criminal Court in the Post-September 11th Era: Should Acts of Terrorism Qualify as Crimes against Humanity?’ (2004) 19 American University International Law Review 1009–1090 • Cited in Terrorism and International Law: Accountability, Remedies, and Reform: A Report of the International Bar Association Task Force on Terrorism (Chaired by Justice Richard Goldstone) (Oxford: Oxford University Press 2011), at page 171 12. ‘Un Droit qui laisse sa marque (de commerce), même dans le cyberespace: peut-on transposer au web les règles terrestres de propriété intellectuelle?’ (2004) 16 Les Cahiers de Propriété Intellectuelle 767–817 CHAPTERS IN EDITED COLLECTIONS 1. ‘Counterterrorism and National Security: The Domestic/International Law Interface’ in Holly Cullen, Philipp Kastner and Sean Richmond (eds), The Politics of International Criminal Law (Leiden: Brill 2020) 314–389 2. ‘The Evidentiary Practice of the World Court’ in Juan Carlos Sainz-Borgo et al (eds), Liber Amicorum in Honour of a Modern Renaissance Man: His Excellency Gudmundur Eiríksson (San José and Sonipat: Universal Law Publishing/LexisNexis 2017) 361–382 [with His Excellency ICJ Judge Peter Tomka] • Cited by Uganda in the compensation phase of the Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v Uganda) case, International Court of Justice (written pleading not yet public) 5|P a g e
• Cited by Nicaragua in the compensation phase of the Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v Nicaragua) case, Counter-Memorial, International Court of Justice, at para 3.18 3. ‘An Uneasy Transition? Linkages between the Law of State Responsibility and the Law Governing the Responsibility of International Organizations’ in Maurizio Ragazzi (ed), The Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie (Leiden and Boston: Martinus Nijhoff 2013) 109–120 4. ‘Les Affaires africaines devant les chambres de la Cour internationale de Justice’ in Makane M. Mbengue and Maurice Kamga (eds), Liber Amicorum Raymond Ranjeva: Africa and International Law: Reflections on the International Organization (Paris: Editions Pedone 2013) 323–349 [with His Excellency ICJ President Peter Tomka] SHORTER PIECES AND BOOK REVIEWS 1. ‘Foreign Fighters: Looking Beyond Counterterrorism Laws: Introductory Remarks’ (2019) 112 American Society of International Law Proceedings 301–303 2. ‘United Nations Security Council Resolution 687’ (2017) Oxford International Organizations (OXIO) (Oxford University Press, 1500 words), 3. ‘United Nations Security Council Resolution 1373’ (2017) Oxford International Organizations (OXIO) (Oxford University Press, 1500 words), 4. ‘Institutionalizing State Responsibility: Global Security and UN Organs’ (2017) 110 American Society of International Law Proceedings 212–215 5. ‘“Terrorism” at the World Court: Ukraine v Russia as an Opportunity for Greater Guidance on Relevant Obligations?’ EJIL: Talk! (17 April 2017) (Blog of the European Journal of International Law) 6. ‘International Responsibility Today: Essays in Memory of Oscar Schachter • L’Emergence de la Communauté Internationale dans la Responsabilité des Etats’ (2007) 18 European Journal of International Law 581–590 7. ‘The “War on Terror” and the Framework of International Law’ (2007) 40 Canadian Journal of Political Science 278– 279 ____________ 6|P a g e
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