Paul S. Reichler

Litigation before the International Court of Justice

• Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory. Repesentation of the State of Palestine (2023-present) in advisory proceedings on the legality of Israel’s prolonged occupation, annexation and settlement of Palestinian territory under the United Nations Charter and general international law.
• The Gambia v. Myanmar (Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide) Counsel to The Gambia (2019-present) in case to hold Myanmar accountable for genocide against the Rohingya people and to prevent further acts against them.
• Guyana v. Venezuela (Case Concerning the Arbitral Award of 3 October 1899). Counsel to Guyana (2018-present) in case brought to confirm the international boundary between the two States as determined by an arbitral award whose validity Venezuela has challenged.
• Legal consequences of the separation of the Chagos Archipelago from Mauritius in 1965. Representation of Mauritius (2017-2019) in advisory proceedings before the ICJ on whether the decolonization of Mauritius was lawfully completed in light of the United Kingdom’s excision and retention of the Chagos Archipelago, and on the legal consequences of the UK’s unlawful occupation of these islands.
• Somalia v. Kenya (Maritime Delimitation in the Indian Ocean). Counsel to Somalia (2014- 2021) in case concerning delimitation of the maritime boundary in the Indian Ocean.
• Costa Rica v. Nicaragua (Maritime Delimitation in the Caribbean Sea and the Pacific Ocean). Counsel to Nicaragua (2014-2018) in case concerning the delimitation of maritime boundaries in the Caribbean Sea and the Pacific Ocean.
• Nicaragua v. Colombia (Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea). Counsel to Nicaragua (2013-2021) in case concerning the violation of Nicaragua’s maritime rights and entitlements under the Court’s Judgment of 19 November 2012.
• Nicaragua v. Costa Rica (Case Concerning Construction of a Road on the Costa Rican Side of the San Juan River). Counsel to Nicaragua (2011-2015) in case concerning pollution of San Juan River resulting from Costa Rican construction, industrial and agricultural activities.
• Costa Rica v. Nicaragua (Case Concerning Certain Activities Carried Out by Nicaragua in the Border Area). Counsel to Nicaragua (2010-2015) in case concerning allegations of environmental harm resulting from Nicaragua’s dredging of the San Juan River and restoration of a channel.
• Georgia v. Russia (Case Concerning Application of the Convention on the Elimination of All Forms of Racial Discrimination). Counsel to Georgia (2008-2010) in case concerning Russia’s participation in and support for ethnic cleansing aimed at expelling ethnic Georgians from areas occupied by Russian forces following Russia’s August 2008 invasion.
• Ecuador v. Colombia (Case Concerning Aerial Spraying on the Border). Counsel to Ecuador (2008-2013) in case concerning Colombia’s aerial spraying of toxic herbicides in close proximity to the Ecuadorian border, causing harm to human health, livestock, crops and the environment in Ecuador.
• Nicaragua v. Colombia (Case Concerning Territorial and Maritime Dispute). Counsel to Nicaragua (2007-2012) in case concerning disputed sovereignty over certain islands in the Western Caribbean, and the delimitation of the maritime boundary between Nicaragua and Colombia in those waters.
• Argentina v. Uruguay (Case Concerning Pulp Mills on the Uruguay River). Counsel to Uruguay (2006-2010) in case concerning Uruguay’s licensing of a paper pulp mill as a model of sustainable economic development and Argentina’s allegation that it could pollute the river shared by the two States.
• Costa Rica v. Nicaragua (Case Regarding Navigational and Related Rights). Counsel to Nicaragua (2007-2009) in case concerning sovereignty over the San Juan River, which constitutes the border between the two States, the right to regulate navigation on the river, and the lawfulness of Nicaragua’s regulations.
• Democratic Republic of Congo v. Uganda (Case Concerning Armed Activities in the Territory of Congo). Counsel to Uganda (1998-2005) in case concerning accusations against Uganda of armed intervention in the Congolese civil war and the unlawful occupation of Congolese territory.
• Nicaragua v. the United States of America (Case Concerning Military and Paramilitary Activities in and Against Nicaragua). Counsel to Nicaragua (1984-1986) in case concerning the legality of United States military, logistical and financial support of counterrevolutionary forces attempting to overthrow the Government of Nicaragua, and the mining of Nicaraguan harbours by U.S. military and intelligence agents.

Litigation before the International Tribunal for the Law of the Sea, and Arbitration  under the United Nations Convention on the Law of the Sea

• Mauritius v. Maldives. International Tribunal for the Law of the Sea (Special Chamber). Counsel to Mauritius (2019-present) in case concerning the maritime boundary in the Indian Ocean between Mauritius (Chagos Archipelago) and Maldives.
• Ghana v. Cote d’Ivoire. International Tribunal for the Law of the Sea (Special Chamber). Counsel to Ghana (2014-2018) in case concerning the maritime boundary in the Gulf of Guinea.
• Croatia v. Slovenia. Counsel to Croatia (2011-2016) in arbitration facilitated by the European Commission to resolve disputes over maritime and land boundaries.
• Philippines v. People’s Republic of China. Counsel to the Philippines (2013-2016) in arbitration under the United Nations Convention on the Law of the Sea to determine the maritime jurisdiction and entitlements of the Philippines and China in the South China Sea.
• Mauritius v. United Kingdom. Counsel to Mauritius (2011-2015) in arbitration under the United Nations Convention on the Law of the Sea in regard to the lawfulness of the UK’s unilateral adoption of a Maritime Protected Area in maritime zones claimed by Mauritius.
• Djibouti v. Eritrea. Counsel to Djibouti in arbitration under the auspices of His Royal Highness the Emir of Qatar to end the border conflict and determine the land and maritime boundaries between the two States, including sovereignty over offshore islands.
• Bangladesh v. Myanmar. International Tribunal on the Law of the Sea. Counsel to Bangladesh (2009-2012) in case concerning the delimitation of the maritime boundary in the territorial sea, Exclusive Economic Zone, and extended continental shelf in the Bay of Bengal.
• Bangladesh v. India. International Arbitration under Annex VII of the United Nations Convention on the Law of the Sea. Counsel to Bangladesh (2009-2014) in case concerning the delimitation of the maritime boundary in the territorial sea, Exclusive Economic Zone, and extended continental shelf in the Bay of Bengal.
• Guyana v. Suriname. International arbitration under Annex VII of the United Nations Convention on the Law of the Sea. Counsel to Guyana (2003-2007) in case concerning the delimitation of the maritime boundary between Guyana and Suriname in the Atlantic Ocean.

International Arbitration for Sovereign States Against Foreign Investors

• SEJ HK Ltd and Zibeck Ltd v. Japan. Permanent Court of Arbitration. Counsel to Japan (2020-2023) in case challenging Japan’s regulation of prices charged by solar power facility.  Award issued in favour of Japan.
• Philip Morris Brands Sarl et al. v. Uruguay. International Centre for the Settlement of Investment Disputes (ICSID). Counsel to Uruguay (2010-2016) in case challenging Uruguay’s public health regulations prohibiting the marketing of certain cigarettes and increasing the size of mandatory health warnings on packages. Award issued in favour of Uruguay.
• Mehta, et al. v. Uruguay. Permanent Court of Arbitration. Counsel to Uruguay (2018-2021) in arbitration challenging the adoption and implementation of modifications to Uruguay’s mining laws. Award issued in favour of Uruguay.
• Italba Corp. v. Uruguay. International Centre for the Settlement of Investment Disputes (ICSID). Counsel to Uruguay (2016-2019) in arbitration challenging Uruguay’s cancellation of a telecommunications license for violation of license terms. Award issued in favour or Uruguay.
• Gosling, et al. v. Mauritius. International Centre for the Settlement of Investment Disputes (ICSID). Counsel to Mauritius (2017-2020) in arbitration challenging Mauritius’ refusal to issue a permit for a luxury development complex in an area inscribed as a UNESCO World Heritage Site. Award issued in favour of Mauritius.
• Highbury International AVV and Ramstein Trading Inc. v. Bolivarian Republic of Venezuela. International Centre for the Settlement of Investment Disputes (ICSID). Counsel to Venezuela (2011-2013) in arbitration brought by a Netherlands Antilles company under the Netherlands-Venezuela bilateral investment treaty, alleging the expropriation of mining concessions. Award issued in favour of Venezuela.
• ETI Euro Telecom International N.V. v. Republic of Bolivia. International Centre for the Settlement of Investment Disputes (ICSID). Counsel to Bolivia (2007-2009) in arbitration under bilateral investment treaty brought by Dutch investor whose interests in a Bolivian telecommunications company were nationalized by the government. Dispute settled by the parties.
• M.C.I. Power Group L.C. v. Republic of Ecuador. International Centre for the Settlement of Investment Disputes (ICSID). Counsel to Ecuador (2008-2009) in annulment proceeding before ICSID panel brought by Canadian investor in electric power sector seeking to annul arbitral award in favour of Ecuador. Award in favor of Ecuador confirmed.
• Vannessa Ventures Ltd. v. Bolivarian Republic of Venezuela. International Centre for the Settlement of Investment Disputes (ICSID). Counsel to Venezuela (2004-2012) in proceeding under the ICSID Additional Facility, based on a claim of expropriation brought by a Canadian mining company under the bilateral investment treaty between Canada and Venezuela. Award issued in favour of Venezuela.
• Shell Brands International AG and Shell Nicaragua S.A. v. Republic of Nicaragua. International Centre for the Settlement of Investment Disputes (ICSID). Counsel to Nicaragua (2006-2007) in arbitration under the bilateral investment treaty between Nicaragua and the Netherlands, concerning a seizure of trademarks ordered by the Nicaraguan courts. Dispute settled by the parties.
• Republic of the Philippines v. Westinghouse Electric Corporation. International Chamber of Commerce (ICC). Counsel to the Philippines (1988-1992) in an arbitration in Lausanne, Switzerland over defects in the design and construction of a nuclear power plant. Dispute settled by the parties.
• Green Mining Company v. Republic of Guyana. International Chamber of Commerce (ICC). Counsel to Guyana (1992-1996) in an arbitration based in London against an Australian- American company, over claims that Guyana expropriated the company’s contract rights. Award issued in favour of Guyana.