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Andrea K. Bjorklund

akbjorklund@ucdavis.edu
530-752-5773
Rm. 2127 King Hall

Curriculum Vitae 

Legal Scholarship at SSRN

Andrea K. Bjorklund

Professor of Law

Education

B.A., History and French, University of Nebraska, Lincoln 1986

M.A. French Studies, New York University 1988

J.D., Yale Law School 1994

Biography

Professor Bjorklund teaches courses in international arbitration and litigation, international trade, international investment, international business associations, conflict of laws, and contracts. She is co-rapporteur of the International Law Association's Study Group on the Role of Soft-Law Instruments in International Investment Law. She has written extensively on investor-state arbitration issues, and has published chapters in many books, as well as pieces in several journals, including the American Journal of International Law, the Hastings Law Journal, the American Review of International Arbitration, and the Virginia Journal of International Law. She is also co-author of Investment Disputes Under NAFTA: An Annotated Guide to NAFTA Chapter 11.

Prior to entering the academy, Professor Bjorklund worked on the NAFTA arbitration team in the U.S. Department of State's Office of the Legal Adviser, and also worked for Commissioner Thelma J. Askey on the U.S. International Trade Commission and in private practice at Miller & Chevalier in Washington, D.C. A graduate of Yale Law School, she clerked for Judge Sam J. Ervin, III, on the U.S. Court of Appeals for the Fourth Circuit.

She says, "Traditionally, international law has been divided into two realms: the public and the private. This dichotomy is breaking down as governments grant greater rights to private individuals, while at the same time increasing their regulatory powers over private international transactions. Recognizing both the private and public aspects of international transaction is an essential skill for today"s lawyers."

Subject Areas

International Investment, International Arbitration and Litigation, International Trade, Public International Law, The Convention on the International Sale of Goods (CISG), Contracts

Selected Career Highlights

  • Elected to Membership in the American Law Institute, 2010
  • Adviser for the American Law Institute’s Restatement on the U.S. Law of International Commercial Arbitration, 2009 – Present
  • Member of the American Society of International Law Executive Council, 2009 - Present
  • Co-Rapporteur of the International Law Association’s Study Group on the Role of Soft Law Instruments in International Investment Law, 2008 – Present
  • Co-Chair the American Society of International Law Annual Meeting, The Politics of International Law, 2008
  • Member of the International Law Association’s Committee on the Law of Foreign Investment, 2004 -2008
  • Bigelow Fellow at the University of Chicago Law School, 2001-2003
  • Practiced law in the Office of the Legal Adviser, U.S. Department of State, 1999-2001
  • Served as Senior Counsel to Thelma J. Askey on the U.S. International Trade Commission,1998-1999
  • Clerked for Judge Sam J. Ervin, III, on the U.S. Court of Appeals for the Fourth Circuit, 1997-1998
  • Practiced in Washington, D.C., for Miller & Chevalier, Chartered, 1994-1997

Selected Publications

PROCEEDINGS OF THE 102ND ANNUAL MEETING OF THE AMERICAN SOCIETY OF INTERNATIONAL LAW: THE POLITICS OF INTERNATIONAL LAW, (Andrea K. Bjorklund, Marinn Carlson & Michael P. Scharf eds., 2009).

INVESTMENT DISPUTES UNDER NAFTA: AN ANNOTATED GUIDE TO NAFTA CHAPTER 11, (with Meg Kinnear and John F.G. Hannaford) (2006; FIRST UPDATE 2008; SECOND UPDATE 2009).

INVESTMENT TREATY LAW: CURRENT ISSUES III, (Andrea K. Bjorklund, Ian A. Laird & Sergey Ripinsky eds., 2009).

GLOBAL ISSUES IN CONTRACT LAW (2007), (with John A. Spanogle, Jr., Michael P. Malloy, Louis F. Del Duca, & Keith A. Rowley).

Beyond Fragmentation, in NEW DIRECTIONS IN INTERNATIONAL ECONOMIC LAW - IN MEMORIAM THOMAS WÄLDE, (CMP Publishing, forthcoming 2010) (with Sophie Nappert)

The Necessity of Sustainable Development?, in SUSTAINABLE DEVELOPMENT IN WORLD INVESTMENT LAW, (Marie-Claire Cordonnier Seger, Markus Gehring & Andrew Newcombe eds., Kluwer Law International, forthcoming 2010).

Improving the International Investment Law and Policy Regime: Report of the Rapporteur, in THE EVOLVING INTERNATIONAL INVESTMENT REGIME: EXPECTATIONS, REALITIES, OPTIONS, (José E. Alvarez, Karl P. Sauvant & Kamil G. Ahmed eds., Oxford University Press, forthcoming 2010).

Articles 25 – 29, in CISG – THE UN CONVENTION ON THE INTERNATIONAL SALE OF GOODS, (Stefan Kröll, Loukas Mistelis & Pilar Perales Viscasillas eds., Verlag C.H. Beck, forthcoming 2010).

The Promise and Peril of Precedent, in ASA BULLETIN Special Series No. 34, at 165 (Anne K. Hoffmann ed., May 2010)

The Standard of National Treatment, in ARBITRATION UNDER INTERNATIONAL INVESTMENT AGREEMENTS: AN ANALYSIS OF THE KEY JURISDICTIONAL, SUBSTANTIVE & PROCEDURAL ISSUES, Katia Yannaca-Small ed., Oxford University Press, 2010).

Ecuador Moves to stay Arbitration Brought by Chevron, Kluwer Arbitration Blog (Feb 18, 2010)

State Immunity and the Enforcement of Investor-State Arbitral Awards, in INTERNATIONAL INVESTMENT LAW FOR THE TWENTY-FIRST CENTURY: ESSAYS IN HONOUR OF CHRISTOPH SCHREUER 302, (Christina Binder, Ursula Kriebaum, August Reinisch & Stephan Wittich eds., 2009).

Causation, Morality, and Quantum, 32 SUFFOLK TRANSNAT’L L. REV 435 (2009).

The Emerging Civilization of Investment Arbitration, in 113 PENN STATE L. REV. 1269 (2009).

Economic Security Defenses in International Investment Law, 1 INTERNATIONAL INVESTMENT LAW & POLICY YEARBOOK 479 (2009).

National Treatment, in STANDARDS OF INVESTMENT PROTECTION 29 (August Reinisch ed., 2008).

Emergency Exceptions: State of Necessity And Force Majeure, in OXFORD HANDBOOK OF INTERNATIONAL INVESTMENT LAW 459 (Peter Muchlinski, Federico Ortino & Christoph Schreuer eds., 2008).

Investment Treaty Arbitral Decisions as Jurisprudence Constante, in INTERNATIONAL ECONOMIC LAW: THE STATE AND FUTURE OF THE DISCIPLINE 265 (Colin Picker, Isabella Bunn & Douglas Arner eds., 2008).

ICSID Tribunal Finds Tanzania to Have Violated Bilateral Investment Treaty But Declines to Award Any Damages, 12:27 ASIL INSIGHTS (Dec. 31, 2008).

Panel Discussion: Is There a Need for the Necessity Defense for Investment Law?, INVESTMENT TREATY ARBITRATION AND INTERNATIONAL LAW (T.J. Grierson Weiler ed. 2008)

Damages in International Arbitration: Strategies, Techniques & Presentation, 19th Annual Institute for Transnational Arbitration Workshop, Dallas, Texas (Conference Co-Chair and Panel Moderator) (June 2008)

Mandatory Rules in International Investment Arbitration, 18 AM. REV. INT’L ARB. 175 (2007).

Private Rights v. Public International Law: Why Competition Among International Courts and Tribunals Is Not Working, 59 HASTINGS L. J. 241 (2007).

Introduction: Recent Developments in NAFTA and CAFTA, 5 SANTA CLARA J. INT’L L. 390 (2007).

Introduction: Reform of the Centre for International Investment Disputes, in INTERNATIONAL INSTITUTIONAL REFORM: PROCEEDINGS OF THE SEVENTH HAGUE JOINT CONFERENCE HELD IN THE HAGUE, THE NETHERLANDS 30 JUNE – 2 JULY 2005, at 274 (Agata Fijalkowski ed., re-issued edition 2007).

Reconciling State Sovereignty and Investor Protection in Denial of Justice Claims, 45 Va. J. Int'l L. 809 (2005).

The Continuing Appeal of Annulment: Lessons from Amco Asia and CME, in INTERNATIONAL INVESTMENT LAW AND ARBITRATION: LEADING CASES FROM THE ICSID, NAFTA, BILATERAL TREATIES, AND CUSTOMARY INTERNATIONAL LAW 471 (Todd Weiler ed., 2005).

Foreword, Symposium: Romancing the Foreign Investor, BIT by BIT, 12 U.C. Davis J. Int'l L. & Pol'y 1 (2005).

Waiver and the Exhaustion of Local Remedies Rule in NAFTA Jurisprudence, in NAFTA INVESTMENT LAW AND ARBITRATION: PAST ISSUES, CURRENT PRACTICE, FUTURE PROSPECTS 253 (Todd Weiler ed., 2004).

Review of CONSTANZE SCHULTE, COMPLIANCE WITH DECISIONS OF THE INTERNATIONAL COURT OF JUSTICE (2004), 101 AM. J. INT’L L. 524 (2007).

NAFTA Chapter Eleven: Waste Management II: Case Comment, 1:4 Transnat'l Disp. Mgmt. (October 2004).

International Commercial Dispute Resolution, 37 Int'l Law. 445 (Summer 2003) (with William W. Park and Jack J. Coe, Jr.)

The Participation of Amici Curiae in NAFTA Chapter Eleven Cases, (March 2002)

Contract Without Privity:  Sovereign Offer and Investor Acceptance, 2 U. Chi. J. Int'l L. 183 (2001).

Casenotes: The United Mexican States v. Metalclad Corp, 30 Int'l L. News 23 (Summer 2001).

A Comparison of the Inter-American Convention Against Corruption and the U.S. Foreign Corrupt Practices Act, 38 Va. J. Int'l L. 243 (1998) (with Lucinda A. Low & Kathryn Cameron Atkinson).

Protecting Against Risk in International Business Transactions: Why Your Domestic Contract Won't Do, Corp. Couns. Int'l Adviser, August 1, 1998, No. 159, at 2 (with Lucinda A. Low and Amy L. Rothstein).

A Trap for the Unwary: How Illegal Exports of Technology Can Occur When Information is Shared with Foreign Nationals in the United States, Md. Bar J., May/June 1997, at 38 (with William M. McGlone).

Different Forms of Soft Law Instruments and Their Advantages and Disadvantages, De Iure Humanitatis: Peace, Justice and International Law, 74th Conference of the International Law Association, The Hague, The Netherlands (August 2010)

Some Problems Surrounding Transparency, Brown-Bag Lunch Talk, International Centre for Settlement of Investment Disputes (ICSID), Washington, D.C. (May 2010)

Argentine Impasse: Enforcing Awards Against State Parties, 2010 Arbitration and National Courts: Conflict and Cooperation, Conference hosted by the Permanent Court of Arbitration, The Houston International Arbitration Club, and the University of Texas School of Law, Houston, Texas (May 2010)

The Benefits and Drawbacks of Transparency in International Investment Arbitration, Vanguard Themes in Investment Arbitration, First Conference on International Arbitration: THe Vision of Investment Arbitration in the Twenty-First Century, Instituto Tecnólogico y Estudios Superiores de Monterrey, Monterrey, Mexico (April 2010)

The Changing Landscape of Arbitration: Creating a Model Syllabus for Investment Arbitration, Legal Educators' Colloquium, American Bar Association Section on Dispute Resolution Spring Meeting, San Francisco, California (April 2010)

Corporations as Plaintiffs Under Bilateral Investment Treaties, Corporations and International Law, Santa Clara Journal of International Law Symposium, Santa Clara, California (March 2010) (Paper Commentator)

The Role of Sub-National Government Units in International Investment Law, International Investment Treaty Law and Arbitration Conference, Sydney Law School, Sydney, Australia (February 2010)

Plenary Session: Directions in Investment Treaty Practice, International Investment Treaty Law and Arbitration Conference, Sydney Law School, Sydney, Australia Panel Chair) (February 2010)

Transparency, Ethics, and Best Practices, Riesenfeld Symposium, University of California, Berkeley, School of Law, Berkeley, CA (February 2010)

NAFTA Chapter 11 and the Environment, 15 Years of NAFTA Chapter 11, Joint Conference of McGill University and the International Arbitration Institute, Montréal, Canada (September 2009)

What Does a Self-Judging Essential Security Clause Mean for the Rule of International Investment Law?, Preventing and Managing Conflict in Energy and Other Natural Resource Investment Relations, Columbia University, New York, New York (May 2009)

When is Environmental Protection a Taking Under International Law? Regulatory Expropriation, Investment Treaty Arbitration and Natural Resources Disputes, ABA Section of International Law Spring Meeting, Washington, District of Columbia (April 2009)

State Immunity and the Enforcement of Investor-State Arbitral Awards, University of Georgia Law School International Law Colloquium, Athens, Georgia (March 2009)

Lessons from International and Domestic Conflict Resolution: The New Face of Arbitration, U.C. Davis Journal of International Law and Policy Symposium: Overhauling International Dispute Resolution, Davis, California (March 2009)

Recent Developments in NAFTA, International Law Weekend – West, Salem, Oregon (March 2009)

Experience of States and Investors’ Counsel - The EU Point of View on NAFTA, First Debate on NAFTA, 15 Years Later: Experiences and Future, Universidad Iberoamericano, Mexico City, Mexico (February 2009)

State Immunity and the Enforcement of Investor-State Arbitral Awards, American Society of International Law, Section on International Economic Law Interest Group, 2009 Research Colloquium, Los Angeles, California (February 2009)

The State of the State of Necessity in International Investment, The ICSID Convention and the Settlement of Disputes in Economic Emergencies, International Law Association Biennial Meeting, Rio de Janeiro, Brazil (August 2008)

Enforcement of Arbitral Awards against States: Sovereignty’s Last Redoubt?, Comparative Business Regulation, Southeastern Association of Law Schools Annual Meeting, Palm Beach, Florida (July 2008)

The Necessity of Sustainable Development?, Sustainable Development in World Investment Law: An International Legal Experts’ Seminar, the Lauterpacht Centre for International Law, Cambridge, England (July 2008)

Arbitral Awards as Jurisprudence Constante, Law & Society Annual Meeting, Montréal, Québec, Canada (May 2008)

Arbitral Awards as de Facto Precedent, Legal Theory Workshop, University of Oregon, Eugene, Oregon (April 2008)

Restating the U.S. Law of International Commercial Arbitration, American Society of International Law Annual Meeting, Washington, D.C. (Panel Moderator) (April 2008)

Arbitral Awards as de Facto Precedent, Conference on Protection of Foreign Investments through Modern Treaty Arbitration: Diversity and Harmonisation, Swiss Invest Forum, Zurich, Switzerland (March 2008)

Arbitrating Contract Disputes, Fourth International Conference on Contracts McGeorge School of Law, Sacramento, California (February 2008)

Investment Treaty Arbitral Decisions as Jurisprudence Constante, George Washington University International Law Colloquium, Washington, D.C. (January 2008)

Recent Issues Concerning International Investment Disputes Settlement and Trends of Arbitration Rules adopted by Commercial Arbitration Institutes, Third International Conference of the Research Center for International Litigation & Arbitration, Hanyang University, Seoul, Korea (November 2007)

Second Annual Columbia International Investment Conference, Columbia Program on International Investment, New York, New York (Conference Rapporteur) (October 2007)

National Treatment in International Investment Law, Conference on Standards of Investment Protection, University of Vienna, Austria (September 2007)

The Emerging Jurisprudence of International Investment Law, 9th Investment Treaty Forum Public Conference, The British Institute for International and Comparative Law, London, England (September 2007)   (Conference Co-Host and Panel Moderator)

Private Rights & Public International Law, International Trade Works-in-Progress Panel, Conference on International Law: What is Wrong with the Way We Teach and Write International Law?, American Society of International Law/Association of America Law Schools Joint Conference, Vancouver, British Columbia (June 2007)

Mandatory Rules of Law in International Investment Arbitration, Colloquium on Mandatory Rules of Law in International Arbitration, Columbia Law School, New York, New York (June 2007)

Debating the Necessity of a Necessity Defense for Investment Law, Investment Treaty Arbitration: A Debate and Discussion, Juris Conferences, Washington, District of Columbia (May 2007)

Adjudicatory Competition in International Economic Law, Golden Gate University School of Law, 17th Annual Fulbright Symposium and ASIL Regional Meeting, San Francisco, California (April 2007)

Adjudicatory Competition in International Economic Law, Columbia Program on International Investment, Foreign Investment & Globalization Speakers’ Series, Columbia Law School, New York, New York (March 2007)

Adjudicatory Competition in International Economic Law, Thursday Lecture Series, University of Dundee, Scotland (March 2007)

The Evolution of Colonialism in a Global Economy, U.C. Davis Journal of International Law and Policy Symposium, Davis, California (Panel Moderator; Closing Commentator) (March 2007)

Reconciling State Sovereignty and Investor Protection in Denial of Justice Claims, Friday Lunchtime Lecture, Lauterpacht Centre for International Law, University of Cambridge, England (February 2007)

Recent Developments in NAFTA and CAFTA, International Law Weekend – West, International Law Association, Santa Clara, California (Panel Moderator) (February 2007)

The Future of Investment Agreements?, Investment Arbitration: Lessons from Practice: A Discussion among Experts, Boalt Hall School of Law, University of California, Berkeley (January 2007)

International Investment Treaty Arbitration as Jurisprudence Constante, International Economic Law: The State and Future of the Discipline, American Society of International Law International Economic Law Interest Group, Bretton Woods, New Hampshire (November 2006)

Emergency Exceptions to International Obligations in the Realm of Foreign Investment, Open Meeting of the International Law on Foreign Investment Committee, International Law Association Biennial Meeting, Toronto, Ontario (June 2006)

Most-Favored Nation Clauses in Investment Treaties, Dispute Settlement in International Trade and Investment Law, International Law Association Biennial Meeting, Toronto, Ontario (June 2006)

Investment Arbitration as De Facto Precedent: Is There a Need for Greater Consistency?, A Just World Under Law, Golden Gate University Fulbright Symposium and ASIL Regional Meeting, San Francisco, California (April 2006)

Family Planning and AIDS Policies in the International Community, U.C. Davis Journal of International Law and Policy Symposium, Davis, California (Closing Commentator) (March 2006)

Integrating Transnational Legal Perspectives Into the First Year Curriculum: Contracts, AALS Annual Meeting, Washington, District of Columbia (January 2006)

The Impact of Philippe Sands’ LAWLESS WORLD on International Investment Law, Colloquium on LAWLESS WORLD, Berkeley Journal of International Law, University of California, Berkeley (October 2005)

Globalizing the Law School Curriculum, Conference Hosted by McGeorge School of Law, Squaw Valley, California (Rapporteur for Contracts Break-Out Session) (August 2005)

ICSID and Other Investment Arbitration Tribunals: Is There a Need for Judicial Oversight or Other Reform?, Hague Joint Conference on Contemporary Issues of International Law, The Hague, The Netherlands (Panel Moderator) (June 2005)

Investment Arbitration: Evolution or Revolution?, Book Launch and Symposium for INTERNATIONAL INVESTMENT LAW & ARBITRATION: LEADING CASES FROM THE ICSID, NAFTA, BILATERAL TREATIES, AND CUSTOMARY INTERNATIONAL LAW, The Hague, The Netherlands (June 2005)

Reconciling State Sovereignty and Investor Protection in Denial of Justice Claims, Faculty Workshop, University of California, Davis, King Hall School of Law (April 2005)

Systemic Responses to the Challenge of Transparency and Amicus Curiae Participation, Arbitration and the Involvement of Non-Parties: Transparency, Intervention, and Appeal, Conference Hosted by the Institute for Transnational Arbitration & American Society for International Law, Washington, District of Columbia (March 2005)

Romancing the Foreign Investor, BIT by BIT, U.C. Davis Journal of International Law and Policy Symposium, Davis, California (Closing Commentator) (March 2005)

Denial of Justice, Sovereignty, and Sequential Review, International Legal Scholarship Roundtable, University of California, Berkeley (January 2005)

Seven Unresolved Issues in NAFTA Chapter Eleven, NAFTA Chapter Eleven Program, International Law Weekend, International Law Association, New York, New York (October 2004)

Arbitration in the United States, Presentation to the California Dried Fruit & Nut Association, Davis, California (September 2004)

Waiver and the Exhaustion of Local Remedies in International Law: The NAFTA Cases, Intensive Course on Investor-State Dispute Settlement, sponsored by the Organization of American States, the Colombian Ministry of Commerce, Industry and Tourism, and the Bank of the Republic, Bogotá, Colombia (April 2004)

Reform of the Federal Arbitration Act, American Bar Association, Section of International Law and Practice Meeting, New York, New York (Panel Moderator) (April 2004)

Waiver and the Exhaustion of Local Remedies Rule in NAFTA Jurisprudence, Book Launch Conference at American University, Washington College of Law, for NAFTA: INVESTMENT LAW AND ARBITRATION: PAST ISSUES, CURRENT PRACTICE, FUTURE PROSPECTS, Washington, D.C. (March 2004)

Rethinking Reconstruction After Iraq, U.C. Davis Journal of International Law and Policy Symposium, Davis, California (Panel Moderator) (March 2004)

New Frontiers in Intersystemic Adjudication: At Home and Abroad, Hot Topics Program at Association of American Law Schools Annual Meeting, Atlanta, Georgia (January 2004)

The Government’s Perspective on Litigating NAFTA Chapter Eleven Cases, California State Bar Association Meeting, Anaheim, California (September 2003)

NAFTA at Ten: Where Have We Been and Where Are We Going?, American Bar Association Annual Meeting, San Francisco, California (Panel Moderator) (August 2003)

Denials of Justice under International Law, University of Chicago Law School Faculty Works-in-Progress Series, Chicago, Illinois (August 2002)

Early Years of NAFTA Investment Arbitration – Good, Bad, or Both?, Roundtable Participant, Canadian-American Research Centre for Law and Policy, University of Windsor, Ontario (March 2002)

Moderating the Rhetoric: A Balanced View of NAFTA Chapter Eleven, United States – Canada Trade Conference, Boston Bar Association, Boston, Massachusetts (May 2001)

Private Party Participation in Dispute Resolution Under NAFTA Chapter Eleven, The Practice of International Law in the 21st Century: It’s Everybody’s Business, Conference of the Canadian Bar Association, International Section, Ottawa, Ontario (May 2001)

Leadership Development for Law Students, Symposium on Promoting Regional Leadership and Cooperation in the 21st Century, Ron Brown Fellowship Program, Institute for International Education, Washington, D.C. (Discussion Moderator) (April 2001).