Joseph Klingler

I help sovereign States protect their interests in high-stakes public international law and international arbitration disputes.

Joseph Klingler exclusively represents sovereign States and State-owned entities before the world's principal dispute resolution bodies.

A senior associate in the firm's International Litigation and Arbitration Department, Joseph has published extensively on matters of international law and is an expert on treaty interpretation. He has lectured at the Graduate Institute of International and Development Studies in Geneva, and is co-authoring the 3rd edition of Oxford University Press’ preeminent volume Treaty Interpretation alongside Richard Gardiner, the author of the 1st and 2nd editions and the world’s leading authority on the subject.

Joseph was recently named by Legal500 as a key lawyer in its Dispute Resolution: International Arbitration publication for 2021. According to one reviewer: “I have worked extensively with associate Joseph Klingler. Definitely one of the rising stars of the firm’s practice. Knowledgeable, committed, and able to decrypt difficult factual backgrounds.”

Related Industries

Sovereign States

Related Practices

Education

Harvard Law School, J.D., magna cum laude, 2014
The Fletcher School of Law and Diplomacy, MALD, 2014
Loyola University, B.A., summa cum laude, 2005

Bar and Court Admissions

BAR ADMISSIONS

District of Columbia
New York

Languages

German

Experience

STATE-TO-STATE EXPERIENCE

Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Azerbaijan v. Armenia). Counsel to Armenia in proceedings before the International Court of Justice arising from allegations of breach of the CERD. Secured critical victories for Armenia on the Parties’ requests for provisional measures.
Application of the International Convention on the Elimination of All Forms of Racial Discrimination (Qatar v. UAE). Counsel to the State of Qatar before the International Court of Justice with respect to claims arising from breaches of the ICERD by the UAE.
Appeal Relating to the Jurisdiction of the ICAO Council under Article 84 of the Convention on International Civil Aviation (Bahrain, Egypt, Saudi Arabia and United Arab Emirates v. Qatar) & Appeal Relating to the Jurisdiction of the ICAO Council under Article II, Section 2, of the 1944 International Air Services Transit Agreement (Bahrain, Egypt and United Arab Emirates v. Qatar). Counsel to Qatar in proceedings before the International Court of Justice constituting appeals against decisions as to the jurisdiction and competence of the Council of International Civil Aviation Organization. The Court unanimously rejected the appeals.
The State of Qatar and the Arab Republic of Egypt, the Kingdom of Bahrain, the Kingdom of Saudi Arabia and the United Arab Emirates (2017) – Application (A); and, the State of Qatar and the Arab Republic of Egypt, the Kingdom of Bahrain and the United Arab Emirates (2017) – Application (B). Counsel to Qatar in proceedings before the Council of International Civil Aviation Organization arising from certain aviation measures adopted by Respondents since June 2017.
Counsel to Qatar in arbitration proceedings initiated against Bahrain, Egypt, Saudi Arabia, and the UAE under the auspices of the Universal Postal Union.
Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965. Advised Mauritius in advisory proceedings before the International Court of Justice concerning the completion of the decolonization process.
Philippines v. China. Represented the Philippines in an arbitration pursuant to Annex VII of the United Nations Convention Law of the Sea regarding maritime jurisdiction. The Tribunal rejected China’s claim to “historic rights” in the maritime areas encompassed by its so-called “nine-dashed line” as inconsistent with the U.N. Convention on the Law of the Sea, and found that China violated the Philippines' sovereign rights under the Convention.
Costa Rica v. Nicaragua. Conducted research on behalf of Nicaragua in a maritime boundary delimitation case against Costa Rica before the ICJ.

INVESTOR-STATE EXPERIENCE

Counsel to India in a confidential arbitration under the UNCITRAL Rules relating to taxation matters.
Ritika Mehta, Vinita Agarwal, and Prenay Agarwal v. the Oriental Republic of Uruguay. UNCITRAL arbitration before the Permanent Court of Arbitration (PCA). Counsel to Uruguay in an arbitration brought under the Uruguay-UK BIT, involving a large-scale iron ore mining project, which the claimants allege to be worth $3.47 billion.
Niko Resources v. Bapex and Petrobangla. Counsel to two Bangladeshi State entities in two ICSID arbitrations concerning the causes and impacts of two gas blowouts
City-State v. Ukraine. Counsel to Ukraine in an ICSID arbitration under the Ukraine - Netherlands investment promotion and protection treaty relating to the financial sector.
Louis Dreyfus Armateurs SAS (France) v. The Republic of India. Counsel to India in an arbitration brought under the France-India bilateral investment treaty before the Permanent Court of Arbitration.
Merck Sharpe & Dohme (I.A.) v. The Republic of Ecuador. Helped advise the Republic of Ecuador in an UNCITRAL arbitration under the Ecuador - U.S. bilateral investment treaty.

Publications

Treaty Interpretation (3d ed.), Oxford University Press (forthcoming) (with R. Gardiner).
“Is the U.S. in Breach of the ICJ’s Provisional Measures Order in Alleged Violations of the 1955 Treaty of Amity?” American Society of International Law Insights (May 26, 2020) (with T. Sepehri Far & B. Barnes)
“Bankswitch Ghana Ltd (Ghana) v Republic of Ghana acting as the Government of Ghana (PCA Case No. 2011-10)”, ICSID REPORTS, Vol. 18 (with C. Salonidis) (2020)
“Arbitrating Arbitrability in the United States: The Incorporation of Institutional Rules into Bilateral Investment Treaties and the Consequences for Challenges to Recognition and Enforcement of Awards under the New York Convention” [in:] 60 Years of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Wolters Kluwer, forthcoming) (with D. Smith)
Canons and Other Principles of Interpretation in Public International Law (co-editor with Y. Parkhomenko and C. Salonidis) (Wolters Kluwer, forthcoming)
“Expressio Unius Est Exclusio Alterius” [in:] J. Klingler, Y. Parkhomenko & C. Salonidis (eds.) Canons and Other Principles of Interpretation in Public International Law (Wolters Kluwer, forthcoming)
Reflective Loss and its Limits Under International Investment Law in C. Beharry (ed) CONTEMPORARY AND EMERGING ISSUES ON THE LAW OF DAMAGES AND VALUATION IN INTERNATIONAL INVESTMENT ARBITRATION, Brill Nijhoff (2018) (with M. Clodfelter)
“International Courts,” International Legal Developments Year in Review: 2016
“Iran, Nuclear Weapons, and International Law: What Might the Final Agreement Add?” ASIL Insights (June 19, 2015)
NOTE: "Counterintervention on Behalf of the Syrian Opposition? An Illustration of the Need for Greater Clarity in the Law," Summer 2014, Harvard International Law Journal, 55 Harv. Int'l L.J. 483
“Human Rights and the Hidden Costs of International Sporting Events,” Harvard International Law Journal Digest (March 2, 2014)
“Iranian Basij Enters Into Human Rights Dialogue,” Harvard International Law Journal Digest (Feb. 7, 2014)
“Spain’s Not-Fully-Universal ‘Universal Jurisdiction’ Statute Still Causing Diplomatic Headaches,” Harvard International Law Journal Digest (Dec. 4, 2013)
“What the Standoff Over Chemical Weapons in Syria Says About Article 2(4)’s Prohibition of the Threat of Military Force,” Harvard International Law Journal Digest (Nov. 11, 2013)

Honors & Involvement

HONORS

Fulbright Fellow, 2006-2007 (Germany)
Salzburg-Cutler Fellow, 2013

Speaking Engagements

Panelist, "Coercive Diplomacy in the Skies: Dispute Resolution Mechanisms and Legal Remedies for States," International Law Association, October 2022
Panelist, 2013 American Society of International Law mid-year meeting and research forum.