International Court of Justice

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Current Members

 

Judge Joan E. Donoghue

(Member of the Court since 9 September 2010)

Born 12 December, 1956, Yonkers, New York, United States of America.

Previous international law positions:

United States Department of State: 2007-2010: Principal Deputy Legal Adviser: The Senior career attorney of the Department of State (Acting Legal Adviser, January to June 2009); Advice to Secretary Clinton and President Obama on all aspects of international law; Advice on development, interpretation and application of international humanitarian law and human rights law; United States submissions in advisory proceedings in Accordance with International Law of the Unilateral Declaration of Independence by the Provisional Institutions of Self-Government of Kosovo (International Court of Justice); Advice on drafting, negotiation and implementation of resolutions of the Security Council, General Assembly and other United Nations bodies; Oversight of legal work related to the law of the sea, Antarctica, the Arctic, fisheries and the environment; Supervision of United States advocacy in Iran-United States Claims Tribunal and North American Free-Trade Agreement (NAFTA) investor-state arbitration; Head of delegation, bilateral claims negotiations with Iraq; Legal advice and congressional testimony regarding 2008 United States-Iraq Security Agreement and Strategic Framework Agreement; Implementation of President Obama’s Executive Orders on Guantanamo, detention and interrogation; Oversight of treaty approval process, including testimony for advice and consent of United States Senate; Representative to United States-European Union Legal Dialogue; Representative to Council of Europe Committee of Legal Advisers.

George Washington University School of Law (2005): Adjunct Professor, Public International Law.

United States Department of State: 2000-2001: Deputy Legal Adviser: oversight of bilateral law enforcement co-operation; supervision of international economic issues, including international investment law and economic sanctions.

1994-1999: Assistant Legal Adviser for Economic and Business Affairs: legal adviser in negotiation of understandings with the European Community regarding United States economic sanctions and conflicts of jurisdiction; Litigation regarding sub-federal sanctions; Legal adviser and supervisor in investment negotiations (bilateral and Organization for Economic Cooperation and Development (OECD); Legal advice regarding OECD Anti-Corruption Convention; Formulation of United States positions in NAFTA investor-state cases; Legal adviser in bilateral aviation negotiations.

1993-1994: Assistant Legal Adviser for African Affairs: legal advice on the transition to democracy in South Africa, including work with United States Congress to revise federal law; Advice related to establishment of the International Criminal Tribunal for Rwanda; Advice on recognition and state succession.

Council on Foreign Relations International Affairs Fellow and Visiting Professor, Boalt Hall School of Law, University of California at Berkeley (1992): research and writing on international environmental law and immunities law; Teaching of United States foreign relations law and international environmental law.

Georgetown University Law Center (1991): Adjunct Professor, Foreign Relations Law.

United States Department of State: 1989-1991: Assistant Legal Adviser for Oceans, Environment and Science: Legal adviser, negotiation of United Nations Framework Convention on Climate Change; Legal adviser, negotiation of Protocol Concerning Specially Protected Areas and Wildlife to the Cartagena Convention; Legal adviser, Meeting of the Consultative Parties to the Antarctic Treaty; Formulation of positions in General Agreement on Tariffs and Trade dispute settlement; Submission to United States Senate of United States-USSR treaty on maritime boundary; Representative to legal expert groups on liability for environmental damage; Head of delegation and legal adviser in fisheries negotiations.

1986-1989: Director, Office of Diplomatic Law and Litigation: head of office responsible for foreign state immunity, head of state immunity, immunity of diplomats and special missions immunity; responsibilities included legislative drafting, congressional testimony, litigation and negotiation of international agreements.

1986: Attorney, Office of Law Enforcement and Intelligence: negotiation of extradition and mutual legal assistance agreements; Legal advice related to international narcotics issues.

1984-1986: Attorney, Office of Inter-American Affairs: member, United States team in Nicaragua v. United States (International Court of Justice); United States-Cuba migration negotiations; Legal advice regarding implementation of Panama Canal Treaty.

Other professional experience: Freddie Mac, served as General Counsel and Corporate Secretary (2003-2005) and Associate General Counsel, Legislative and Regulatory Affairs (2001-2003). United States Department of the Treasury (1999-2000), Deputy General Counsel. Covington & Burling, Washington, D.C. (1981-1984) Federal court and administrative litigation.

Education: Boalt Hall School of Law, University of California, Berkeley, J.D., 1981; University of California, Santa Cruz, B.A. with Honors in Russian Studies; BA with Honors in Biology, 1978;

Selected Publications: The Role of the World Court Today, 47 Georgia L. Rev. 181 (2012); Book Review, A COMMON LAW OF INTERNATIONAL ADJUDICATION, by Chester Brown, 105 AM. J. INT’L L. 612 (2011); “The public face of private international law: prospects for a convention on foreign State immunity”, 57 Law and Contemporary Problems 305 (1994); “International law and policy-making about global change”, in The Ecological and Social Dimensions of Global Change (David D. Caron, Terry Chapin, Joan Donoghue, Mary Firestone, John Harte and Lisa Wells, eds., Institute of International Studies, University of California at Berkeley, 1994); Book review, The International Politics of the Environment, by Andrew Hurrell and Benedict Kingsbury, 88 American Journal of International Law 411 (1994); “EC participation in the protection of the marine environment”, 17 Marine Policy 515 (1993); “Taking the ‘sovereign’ out of the foreign sovereign immunities act: a functional approach to the commercial activities exception”, 17 Yale Journal of International Law 489 (1992); “The trade provisions of international environmental agreements: can they be reconciled with the GATT?”, 86 American Society of International Law Proceedings 233 (1992); “Perpetual immunity for foreign diplomats? A response to ‘the Abisinito Affair: a restrictive theory of diplomatic immunity?’”, 27 Columbia Journal of Transnational Law 615 (1989).

Selected honors, awards and activities: Faculty member, UN Regional Training Course, Addis Ababa, 2013 and UN Audio-visual Library, 2012; Counselor, American Society of International law, 2011-present; Counselor, American Law Institute Fourth Restatement Fourth of Foreign Relations Law, 2012-present; Secretary of State Distinguished Honor Award (2009); Presidential Rank Award (Meritorious Executive) (2009); Younger Federal Lawyer (awarded by the Federal Bar Association) (1988); Member, District of Columbia Bar Association.