White & Case lawyers are well-versed and credentialed in public international law and in the techniques of enforcing it. Our experience is extensive and diverse. White & Case has represented more than 55 sovereign states, and numerous state-owned entities as well as many private and commercial parties dealing with sovereigns. Our Public International Law group consists of a multinational team of lawyers based in offices in the United States, Latin America, Europe, Asia, Africa, and the Middle East. The members of the group have diverse national and legal backgrounds and are able to work in many different languages and jurisdictions.

Transactional and Project Advice
Issues of public international law arise in many of the most significant transactions and investments. These include the privatization of state-owned enterprises, infrastructure development programs, development financed on a project basis, sovereign financing or debt restructuring, and natural resource development projects.

These and other transactions to which sovereign entities are parties raise important questions about how disputes will be settled, guarantees honored, and contracts enforced. White & Case advises sovereigns and private entities as to the existence of sovereign immunity from jurisdiction, from provisional remedies such as attachment or sequestration, or from execution. We counsel clients regarding the most desirable means of ensuring a fair dispute resolution procedure in the event that an expropriation or other claim based upon international law is asserted. Failure to provide effectively for dispute resolution may be fatal to a party's ability to safeguard its investments. White & Case also assists clients in drafting dispute resolution agreements and in making the most effective choice of law and forum selection to resolve potential disputes.

Treaty Negotiations
White & Case is consulted frequently by clients with regard to treaties – particularly tax and investment treaties. We assist clients in analyzing the implications of existing treaties as well as treaties being proposed or negotiated. We also advise clients on the potential ramifications of, and rights available under, international conventions such as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, which are significant to international dispute resolution; the Convention Establishing the Multilateral Investment Guarantee Agency, relevant to the security of foreign investment; and the Marrakech Agreement Establishing the World Trade Organization, which is relevant to almost all aspects of international trade. We also advise on the interpretation of treaties and international agreements such as the North American Free Trade Agreement; the United Nations Convention on the Law of the Sea, which is relevant in particular to offshore oil development, shipping, and fisheries; and various international claims settlement agreements such as the Dispute Settlement Understanding of the WTO.

Preparation of Claims
White & Case's Public International Law group has extensive experience preparing and litigating complex claims under public international law and before courts and tribunals established under such law. The environments in which these courts and tribunals operate are complex and varied and differ significantly from international arbitral tribunals. We assist clients in establishing the validity of claims or defend against claims in these various forums.

Special Issues
White & Case frequently is asked to address specific issues under public international law, such as the likelihood of success of a claim involving a state; whether a new state has succeeded to certain obligations; whether an international agreement has been breached; how a state, based on its own history, is likely to negotiate a claims settlement with a newly recognized state; the effect to be given to the decisions of a particular international court or tribunal; whether, and on what basis, a particular international organization, or an individual associated with it, may enjoy immunity under the laws of a relevant national jurisdiction or under international treaty law and custom; or the most appropriate method of valuing expropriated property.

Litigation or Arbitration
White & Case frequently assists clients involved in disputes to reach amicable settlements. When settlement is not possible, we represent clients in adversarial proceedings. We have represented and advised sovereign states in both contentious and advisory proceedings before the International Court of Justice in The Hague, and both states and private entities in public international law disputes in other forums. These forums include specialized courts and tribunals as well as arbitral tribunals.