Foley Hoag, a top law firm with offices in Boston, New York, Paris and Washington D.C., regularly represents Sovereign States in disputes over maritime and land boundaries.
Foley Hoag lawyers have served as legal counsel in more maritime boundary cases before international courts and arbitral tribunals than any other maritime and land boundary law firm in the world. The firm has helped clients achieve legal victories in maritime boundary cases before the International Tribunal for the Law of the Sea (ITLOS) in Hamburg and the International Court of Justice (ICJ) in The Hague.
In July 2016, Foley Hoag won a sweeping victory against China on behalf of the Philippines regarding control of the South China Sea in an arbitration pursuant to Annex VII of the UN Convention on the Law of the Sea. 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.
The case had captured global attention because it involves critical issues relating to China’s expansive claims over some 90% of the South China Sea, an area of major strategic importance through which over 50% of the world’s commercial shipping passes each year.
In the judgment of March 19, 2015, Foley Hoag’s client Mauritius won its dispute against the UK. A distinguished Arbitral Tribunal convened under the United Nations Convention on the Law of the Sea and upheld Mauritius’ rights to fishing and minerals in the waters around the strategically located islands, which include the U.S. military base on Diego Garcia. The judgment further held that the U.K.’s undertaking to return the islands to Mauritius when they are no longer required for defense purposes was a binding obligation under international law. In so deciding, the tribunal unanimously struck down a so-called Marine Protected Area adopted by the U.K. in 2010 that, it ruled, violated Mauritius’ rights under the Law of the Sea Convention.
Of the nine arbitrations that have been initiated under the United Nations Convention on the Law of the Sea (Annex VII), Foley Hoag has been counsel in six, including for Bangladesh against India, which resulted in a favorable award for Bangladesh in 2014 and currently for Ghana against Côte d’Ivoire.
Foley Hoag is also counsel in ongoing cases for Nicaragua against Colombia and for Djibouti against Eritrea.
In addition to representing Sovereign States in disputes before international courts and arbitral tribunals, Foley Hoag advises its sovereign clients in the negotiation of maritime law and land boundary agreements, as in the case of its advice to Ecuador leading to an agreement with Peru in 2012, and consults with them confidentially in regard to entitlements and obligations under the Law of the Sea Convention and international law generally.
Foley Hoag’s maritime and land boundary practice group is led by partner Paul Reichler, and includes partners Lawrence Martin, Andrew Loewenstein and Derek Smith. Chambers Global has called Paul Reichler “one of the world’s most respected and experienced practitioners of Public International Law” who “belongs to a select group of elite lawyers with extensive experience litigating on behalf of Sovereign States before the International Court of Justice in The Hague, and the International Tribunal for the Law of the Sea in Hamburg.”
Based on interviews with the firm’s clients and other international practitioners, Chambers Global described Reichler as “an excellent legal tactician and advocate, and an exceptional team leader.” It called Foley Hoag a “real force in international law disputes” whose clients “choose the firm because of the team’s success in representing States.” In particular: “The lawyers have thorough knowledge, outstanding written and oral advocacy, and are able to serve at all times and in all circumstances.”
