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Just about anything that our clients try to do now has a public international law aspect, particularly when they are working across so many different jurisdictions. International law impacts much more on the private sector than it used to — you just have to look at the explosion of multilateral initiatives and the increasing prominence of inter-governmental organisations such as the World Bank and the World Trade Organisation.
The events of September 11, 2001 provided the impetus for all kinds of international developments. Terrorism moved up the agenda. There were financial sanctions and other measures aimed at clamping down on terrorist financing. The current economic situation also seems to be generating efforts to create new international frameworks. We are likely to see similar coordinated responses as governments seek to regulate financial institutions and markets.
We have already seen the UK use the Anti-Terrorism, Crime and Security act to freeze the assets of Landsbanki, the Icelandic bank. These kinds of freezing measures were previously only used in response to events such as armed conflicts. There has been talk from both countries of legal action but it’s not clear what form it would take. You first need to identify a breach of international law or a breach of a treaty between Iceland and the UK. But I don’t believe there is a Bilateral Investment Treaty between the two, which would have given depositors a possible remedy. The UK could bring a case before the International Court of Justice if there is a specific treaty it can point to. But I think it’s likely in a situation like this that the governments will resolve their issues by negotiation if they can.
I thrive on the international nature of our practice. We try to anticipate what will affect clients, whether it’s multilateral initiatives or domestic litigation. I’m absolutely fascinated by the interaction between global politics and international legal developments. At the very least, I’d rather be thinking about what a treaty means than a mortgaged-backed security clause.
I go to work every day and am never bored. People usually go into law because they want to make difference. I love the intellectual challenge of finding a solution to the problems that clients face. As a litigator, it goes without saying that I also like a good argument.
It was Jeremy Carver, who I started working with in my 20s at Coward Chance, who inspired my to specialise in international law. He is a enthusiastic person, committed to international law and a real visionary. He was so excited by the area it couldn’t help rubbing off on you.
I have also been very privileged to have worked for a number of governments, including the US. That is a great honour. It gives you exposure to different cultures and to issues of great sensitivity.
Working in international law helps keep real life in perspective. In an interdependent world, it is important that societies abide by the rule of law. When I’m grappling with issues that effect huge numbers of people or that involve substantial amounts of money, my own personal dilemmas seem ever more trivial.
Rae Lindsay is a partner specialising in international law and litigation at Clifford Chance
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