Articles

 Public International Law

1 “Equity in International Law; Its Growth and Development”
5 Georgia Journal of International and Comparative Law (1975)
2 “Suggesting Remedies for International Terrorism – Use of Available International Means”
5 International Relations (London) (1976) Co-author
3 “The Role of the Ad Hoc Judge in the International Court of Justice”
19 Indian Journal of International Law (1979)
4 “Terrorism and Certain Legal Aspects of Human Rights”
6 International Relations (London) (1980)
5 “Some Legal Problems of Support Role in International Law:
Tanzania and Uganda”
30 International and Comparative Law Quarterly (1981)
6 “International Law of Development” published in Encyclopaedia
of Public International Law (1986)
(Max Planck Institute for Comparative Public Law and
International Law)
7 “Internationality of Treaties:  Substance or Shadow”
Indian Journal of International Law (1987)
8 “Unitisation:  Certain Policy Issues”
Oil Gas Law and Taxation Review (Oxford) (1987)
9 “The Charter of Economic Rights and Duties of States:  An Evaluation after Fifteen Years”
International and Comparative Law Quarterly (1991)
10 “IBRD Inspection Panel Procedures”
Journal of International Banking Law (1996)
11 “Sovereignty and Diplomacy” in Are Diplomats Really Necessary, Sir P
Marshall and N Ayad (eds), London, University of Westminster Press (1999)
12 “Protection of Refugees and Minorities under International Law:  An
Overview,” published in the Proceedings of the Conference of the World Jurist Association, USA (2001)
13 “The Role of International Institutions in Developing Model Laws”, published in the Proceedings of the World Jurist Association (2004).
14 “Cybercrimes: The Role of Diplomats in Tackling these Crimes”, article sent for publication

 

 

Health and Drugs

 

1 “The W.H.O. Expert Committee on Drug Dependence”
28 International and Comparative Law Quarterly (1979)
2 Prepared a Report for the World Health Organization suggesting probable ways and means of adaptation of the     International Code of Marketing Breast-milk Substitutes by the Government of Tanzania (1983)
3 Drafted the Accession Kit in relation to the International Conventions on Narcotic Drugs and Psychotropic Substances, including model legislation for the British Commonwealth countries; this was published by the Commonwealth Secretariat (1983)
4 “Forfeiture of Proceeds of Drug-related Crimes: A British Commonwealth Perspective” XXXV Bulletin on Narcotics (a UN journal) (1983)
5 “Some Unresolved Legal Issues Relating to Punishment of Offenders in Criminal Law and their Effect on Sentencing Policies:  The Case of Drug Abusers” XXXVI Bulletin on Narcotics (1984)
6 “Drug and the Young:  Some Legal Issues” XXXVI Bulletin on Narcotics (1985)
7 “The Application of the Principle of the Free Movement of Goods in the European Common Market to the Trade in Drugs and Alcohol” Contemporary Drug Problems (Berkeley, Calif., USA) (Winter 1982) published in 1985
8 “Justice, Drugs and the Therapeutic Community in Determining what Type of Law for Minors” Proceedings of the Eighth World Conference of Therapeutic Communities (Rome) (1985)
9 “Legal  Problems in the Relationship between Control Programmes and Treatment Objectives in Drug Dependence” Proceedings of the 15th International Institute on the Prevention and Treatment of Drug Dependence held under the auspices of the International Council on Alcohol and Addictions (Lausanne) (1986)
10 A Report entitled “Illicit Trafficking in Narcotic Drugs: A Commonwealth Perspective” Proceedings of the Commonwealth Law Ministers Conference (Zimbabwe) (1986)
11 “Can Demand for Illicit Drugs be Reduced?” 39 Bulletin on Narcotics (1987)
12 “The Essentials of Liberalisation of Drug Regimes” Accepted for publication in the Proceedings of the Eighteenth International Institute on the Prevention and Treatment of Drug Dependence (Berlin) (June 1990)
13 “Legal Aspects of Drug Control and Treatment of Drug-dependent Persons within the EC” Proceedings of the International Congress – The Route of Drugs (Genoa, Italy) (1992)

 

 

Banking

 

1 “Legal Aspects of Syndicated Loan Agreements” The Company Lawyer (London) (1988)
2 “The European Bank for Reconstruction and Development” Journal of International Banking Law (1992)
3 “Procedural Aspects of Project Finance” 8 Journal of International Banking Law (1993)
4 “The Method of Determining the Governing Law of Performance Bonds and Counter-guarantees:  A Commercial Approach” 9 Journal of International Banking Law (1994)
5 “Persisting Controversy as to ‘Reasonable Time’ under the Documentary Credit Mechanism:  An Overview of the 1993 UCP for Documentary Credits” 9 Journal of International Banking Law (1994)
6 “The Independence of Contracts of Guarantee and Counter-guarantee from the Underlying Contract” 10 Journal of International Banking Law (1995)
7 “The Legal Effect of the Exclusive Jurisdiction Clause in the Brussels Convention in Relation to Banking Matters” 10 Journal of International Banking Law (1995)
8 “The Concept of the Natural Forum and the Governing Law of a Transnational Letter of Credit” Journal of International Banking Law (1995)
9 “Legal Aspects of Tested Telex in International Banking Transactions” 11 Journal of International Banking Law (1996)
10 “Use of Derivatives by Public Bodies: Law and Ethics” 11 Journal of International Banking Law (April 1996)
11 “The Corporate Social Responsibility of Banks” International Company and Commercial Law Review (1996)
12 “The Basle Core Principles for Effective Banking Supervision: An Analysis”             European Financial Services Law (1999)
13 “Legal Interpretation of the Term ‘Without Delay’ under UCP” International Journal of Banking Regulation (1999)
14 “The Legal Effect of Public Policy-Oriented Foreign Legislation and Stay of Proceedings” European Financial Services Law (1999)
15 “The Limits to Continuing Obligations under the Listing Rules of the London Stock Exchange” European Financial Services Law (1999)
16 “Actions on Unconditional Performance Bonds: Forfeiture of Surplus Money on such Bonds is Impermissible” The Journal of International Banking Regulation (2000)
17 OECD Guidelines New Financial Crime Review (2000)
18 “Jurisdictional Issues in relation to Banking Transactions: An English Law Perspective,” published in the Proceedings of the Conference of the World Jurist Association, USA (2001)
19 “Settlement of Disputes under the Financial Services and Markets Act, 2000”
The Journal of International Banking Regulation, London, 2001
20 “OECD Guidelines for Consumer Protection in the Context of Electronic Commerce” Financial Crime Review (2001)
21 “The European Central Bank”, The Journal of International Banking Regulation, London (2002)
22 “The principle of autonomy of letters of credit is sacrosanct in nature,” The Journal of International Banking Regulation (2003)
23 “Settlement of disputes under the Financial Services and Markets Act, 2000”, (Part II), Amicus Curiae, London (2003)
24 “Obstacles to Developing a Truly International Banking System,” published in the Proceedings of the World Jurist Association (2004)
25 “Banking, Economic Development and the Law” (accepted for publication by Hart Publishing as part of proceedings of the Conference at Oxford Brookes University (2006))
26 “International Standard Banking Practice (ISBP): An Analysis,” Financial Regulation International,  Issue 9/10 (December 2006/January 2007)
27 “Guidelines for Enforcement of World-wide Freezing Orders: An Analysis,” 8.3, The Journal of International Banking Regulation (2007)
28 “Financial Reform: A Framework for Financial Stability (Group of Thirty) and a new approach to financial regulation (HM Treasury – UK): an analysis,” Financial Regulation International, (2010)
29 “Loan Guarantors: Beware of Your Risks,” Financial Regulation International, (2011)
30 “When Misrepresentation and Negligence may be successfully defended by Financial Institutions: The Titan Case,” Financial Regulation International, (2012)
31 “Is a Payment Guarantee a Guarantee or an On-demand Bond?” Financial Regulation International, (2013)
32 “Sins of the Father: Consequences of Parent’s Assumption of Responsibility for its Subsidiaries/branches”, 28 Butterworths Journal of International Banking and Financial Law  (January 2013)
33 “Operational Risks: Perceptions and Problems – Part I” 17 Financial Regulation International (April 2014)
   
34 “Operational Risks: Perceptions and Problems – Part II” 17 Financial Regulation International (May 2014)

 

 

International Trade and Investment

 

1 “The Impact of Enlargement of the EEC on the Mediterranean Basin Policy through Trade Agreements” Published in the Proceedings of the International Congress on the Mediterranean Policy of the EEC (Istituto Universitario Orientale, Naples, Italy) (1980)
2 “The Lomé Arrangement and its Impact on Asia Pacific Nations” 1 Asian Pacific Commercial Lawyer (London) (1984)
3 “The Andean Multinational Enterprises” The Company Lawyer (London) (1986)
4 “The Convention Establishing the Multilateral Investment Guarantee Agency”
36 International and Comparative Law Quarterly (1987)
5 “The Stabilisation Clause Myth in Investment Agreements” Journal of International Arbitration (1988)
6 “Forty Years of International Action for Trade Liberalisation” 23 Journal of World Trade (Geneva) (1989)
7 “The Treaty of Asunción:  An Analysis” Journal of World Trade (1992)
8 “The Reality of Risks in Private Foreign Investment” International Company and Commercial Law Review (January 1996)
9
“Investment-related Promissory Notes are Investments under the ICSID Convention:  Fedax NV v The Republic of Venezuela” The Journal of World Investment, 2002
10 “When pre-investment or development costs may or may not be regarded as part of “investment” under Article 25(1) of the ICSID Convention: The Mihaly Case, The Journal of World Investment (2003)
11 “From Doha to Cancún: A Multilateral Trading System?” 54 Amicus Curiae, (2004)
12 “The Tsunami: A Wake-up Call for the North and the South”, 59 Amicus Curiae (2005)
13 “Natural Disasters and the Issue of Responsibility for the Victim States”, Amicus Curiae (2005)
14 “Technology Creation by Indigenous Means and Legal Safeguards for the Protection of such Technology”, Law/Technology, World Trade Association (2007)
15 “A Critical Analysis of the Law of Private Investment of Angola: A Vehicle of Economic Development”, 13.5 Financial Regulation International (2010)
16 “The MERCOSUR: A Model for Regional Economic Integrations?” has been accepted for publication by Amicus Curiae (Jan 2016)
17
“Bilateral Investment Treaties and Amendments to the Corresponding Private Investment Contracts are Long Overdue: They Fail to Cater for the Interests of Both Investors and Beneficiaries”, International In-house Counsel Journal Vol. 13, No. 51, Spring (2020), 1

 

 

International Arbitration

 

1 “The Djibouti Code of International Arbitration” Journal of International Arbitration (Geneva) (1987)
2 “The Rainbow Warrior:  Arbitration between New Zealand and France” Journal of International Arbitration (1992)
3 “Do Disputes Arise ‘out of’ or ‘under’ or ‘out of and under’ a Contract?” 60 Arbitration (London) (1994)
4 “Whether the Award of a Rent Review Tribunal is Admissible Evidence in Arbitration” Arbitration (London) (1995)
5 “The Authority of the English Courts to Order Security for Costs when an Arbitration is Governed by the ICC Rules of Arbitration” Arbitration (London) (1995)
6 “Contractual Negligence can fall within an Arbitration Clause:  An Analysis of the Judicial Guidelines developed by the English Courts” Arbitration (1998)
7 “The Arbitration between American Manufacturing and Trading Inc. and The Republic of Zaire:  When Challenges to the Jurisdiction of an ICSID Tribunal are not Valid”             Journal of International Arbitration (1999)
8 “Settlement of Disputes Procedure and Arbitration under FIDIC” Journal of International Arbitration (June 2000)
9 “Re Q’s Estate – Powers of the Court under section 44 of the Arbitration Act 1996: Clarified” International Arbitration Law Review (2000)
10 “Bias in Arbitration and Bias against Arbitrators”, 3 The Journal of World Investment (2002)
11 “Discretionary Powers of the Court under Arbitration Act 1996 S.18: Dartnell and Sons Ltd v Secretary of State for Trade and Industry”, 68 Arbitration (2002)
12 “The Reality of the Party Autonomy Rule in International Arbitration”, 20 Journal of International Arbitration (The Hague) (2003), 539
13 Suspicion of Bias versus Actual Bias in Arbitration: The Gallo Arbitration,” Journal of World Investment & Trade (2010)
14 “A Critical Examination of Rule 41(5) of the ICSID Arbitration Rules, 2006”, Journal of World Investment & Trade (2012)
15 “Mass/Class Claims before ICSID Tribunals”, Butterworths Journal of International Banking and Financial Law (2012)
16 “The Effect of Apparent Bias or Suspicion of Bias or Unconscious Bias may not necessarily be different from that of Actual Bias – An English Perspective”, Journal of World Investment & Trade (2012)
17
“Recognition and Enforcement of Arbitral Awards:  How Effective is Article V of the New York Convention of 1958?” International In-house Counsel Journal Vol. 9, No. 36, Summer (2016), 1
18
“Decisions of ICSID Tribunals on Procedural Issues may not be Confused with their Awards” International In-house Counsel Journal Vol. 10, No 37, (2016)
19
“A Critical Evaluation of UN Convention on International Settlement Agreements”, Financial Regulation International Vol. 23 (2020)
20
“Evaluating the Role of Negotiations in the Alternative Dispute Resolution System”, International In-house Counsel Journal Vol. 14, No 54, (2021)
   
   

Construction Law

 

1 “Indemnity Clauses and the Consequences of Negligence” 4 Construction Law (1994)
2 “Best efforts may not be good enough – I” Construction Law (2000)
3 “Best effort may not be good enough – II” Construction Law (2000)
4 “The Adjudication System under the Scheme for Construction Contracts
(England and Wales) Regulations, 1998” Arbitration (2000)
5 “The Human Rights Act 1998 and Adjudication” Construction Law (2000)
6 “Step-in Right:  A Right sui generisConstruction Law (2000)

 

 

 

Miscellaneous

 

1 “The U.N. Convention on the Liability of Operators of Transport Terminals in International Trade:  The End of The Himalaya Clause?” The Journal of Business Law (1994)
2 “Elder, Dempster & Co. Ltd. v. Paterson Zochonis & Co. Ltd. Re-visited in the context of the Contracts (Rights of Third Parties) Act 1999” Commercial Liability Law Review (2000)
3 “The Terrorism Act, 2000:  An Analysis” Amicus Curiae, Journal of the Society for Advanced Legal Studies, London, Sweet & Maxwell, 2001
4 Gave a Keynote Speech at the Symposium on the Syrian Banking System held under the auspices of the British Syrian Society in October 2008
5 Gave a Keynote Speech in December 2008 to a Conference organised by the Central Bank of Syria on “Supervision of Central Banks and Transparency”
6 “What Lessons May One Draw from Brexit”, Amicus Curiae (2016)
7 “How Realistic are the fears about Brexit”? Amicus Curiae (2017)
8 “The Impact of Ilott”, Financial Regulation International Vol.20, Issue 9 (2018)
9 “CAPE DISTRIBUTION LTD v CAPE INTERNATIONAL HOLDINGS PLC How a Parent Company May be Held Liable in Torts for the Negligence of its Subsidiaries”, International In-house Counsel Journal Vol.11, No. 42 (2018)
10 “When a Settlement Agreement May Unsettle Everything”, International In-house Counsel Journal Vol.11, No. 43 (Spring 2018)
11 “When a No-Fault Divorce may not be Accepted by the English Courts”, Solicitors Journal Vol 162, No. 7 (August 2019)
12 “An Analysis of the Global Risks Report 2020”, Financial Regulation International Vol.23, Issue 8 (October 2020)
13 “Considering the Rationale of Incorporating Force Majeure Clauses in Commercial Contracts Between the Parties to a Commercial Contract”, International In-house Counsel Journal, Vol.14, No. 55, (Spring 2021)