University of Auckland ACADEMIC CV NAME: Dr. Caroline E. Foster ...

PREVIOUS APPOINTMENTS:Ministry of Foreign Affairs and Trade, Legal and Policy Advisor (1992-1999)During her time at the Ministry Caroline served as a member of New Zealand delegations atnegotiations on air services, indigenous peoples’ rights, and at the 1995 World Summit for SocialDevelopment. She provided legal advice on a wide range of subjects, including in relation to thework of the International Law Commission, United Nations Security Council sanctions, refugeelaw, child soldiers, diplomatic and consular protection, whaling, and trade in endangered species.Additionally, she provided relief at the New Zealand High Commission in London.Assistant to Director of Programmes at International Alert (1996-1997)At International Alert Caroline worked as Assistant to the Director of Programs. International Alertis a London-based non-governmental organization established by Martin Ennals, founder ofAmnesty International. International Alert works on the resolution of conflict internationally, andthe operational programmes at the time included activities in Rwanda, Burundi, Sierra Leone, theformer USSR, Sri Lanka and Latin America (1996 budget £6M).MEMBERSHIP OF PROFESSIONAL SOCIETIES:Australian and New Zealand Society of International Law (Executive Committee, 2005-09)American Society of International LawBritish Institute of International and Comparative LawNew Zealand Centre for Environmental Law (Executive Committee, 2003-2009)International Law Association (New Zealand Branch Committee 1997-1999)TEACHING:2009200820072006Law 211Law 726Law 211Law 475Law 726Law 211Law 475Law 726Public LawPublic International Law (LLM course)On leave in the Second SemesterPublic LawLaw of the Sea and Antarctica (developed new course)Public International Law (LLM course)Public LawLaw of the Sea and Antarctica (developed new course)Public International Law (LLM course)On leave200520042003Law 211Law 485Law 726Law 211Law 485Law 726Law 211Law 485Law 434Law 435Public LawInternational Economic RegulationPublic International Law (LLM course)Public LawInternational Economic RegulationPublic International Law (developed new course)Public LawInternational Economic Regulation (co-developed new course)International InstitutionsInternational Law (relieving)2

RESEARCH PUBLICATIONS:Work in preparationScience, Proof and Precaution in International Courts and Tribunals, manuscript for a monograph,to be published by Cambridge University Press, 140 000 words. The book focusses on expertevidence, burden of proof and finality of adjudication in international disputes involving science.The book assesses how to develop the rules on proof and finality in order to accommodate scientificuncertainty. Disputes studied include disputes before the WTO, the ICJ, law of the sea disputes andhuman rights cases.Achieving Coherence in International Law, research project initiated in 2008, supported by aFaculty Research Development Fund under the name “Shared Resources in International Law”.This project stems from an interest in resources including climate, energy, water resources,fisheries, and food. The theoretical framework for the project will be designed around aninvestigation of the coherence between applicable subfields of international law, including inrelation to trade, environment, human rights and development.Completed workPeer-Reviewed Journal Articles“Precaution, Scientific Development and Scientific Uncertainty under the WTO Agreement onSanitary and Phytosanitary Measures” Review of European Community and InternationalEnvironmental Law [2009] forthcoming.“Necessity and Precaution in International Law: Responding to Oblique Forms of Urgency” [2008]23[2] New Zealand Universities Law Review 265-283.“Prior Approval Systems and the Substance-Procedure Dichotomy under the WTO Agreement onSanitary and Phytosanitary Measures” [2008] 42[6] Journal of World Trade 1199-1213.“Public Opinion and the Interpretation of the World Trade Organisation’s Agreement on Sanitaryand Phytosanitary Measures” [2008] 11[2] Journal of International Economic Law 427-458.“Indigenous Peoples’ Right to Self-Determination” [2007] New Zealand Law Journal 45-46.“Nuclear Shipments and Reputational Damage” [2006] New Zealand Law Journal 415-417.“Japan-Measures Affecting the Importation of Apples: Rotten to the Core?” [2006] AustralianYearbook of International Law 309-329.“Social Science Experts and Amicus Curiae Briefs in International Courts and Tribunals: TheWTO Biotech Case” [2005] Netherlands International Law Review, 433-459.“Compensation for Material and Moral Damage to Small Island States’ Reputations and Economiesin the event of an Incident during Shipment of Radioactive Material” [2006] 37(2) Journal ofOcean Development and International Law, 55-92.“The ILC draft Principles on the Allocation of Loss in the case of Transboundary Harm ArisingOut of Hazardous Activities: Privatising Risk” [2005] 14(3) Review of European Community andInternational Environmental Law 265-282.“Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory:Necessity, Human Security and the Advisory Jurisdiction of the International Court of Justice”3

Journal 636 – 637.Selected Dissertation Supervision Topics• Bioprospecting, Marine Scientific Research and the Biological Resources of the Deep Seain Areas Beyond National Jurisdiction• Hot Disputes in Cold Regions: The Northwest Passsage• The Use of Icebergs as a Freshwater Resource• The Legality of Japanese Scientific Whaling• Achieving Compliance with Fisheries Conservation Measures in the Southern Ocean• Environmental Impact Assessment for Scientific Activities in Antarctica• Balancing Patent Protection and Access to Drugs under TRIPS• Protection of Environment-Related Human Rights through Interim Measures• The Relationship Between International Humanitarian Law and International Human RightsLaw in Situations of Armed Conflict• Detention of Asylum Seekers and Refugees in New Zealand and Australia• Transjudicial Communication between the UN Human Rights Committee and the EuropeanCourt of Human Rights• International Human Rights Violations and the Multinational Enterprise5