• R (Bashir and others) v Secretary of State for the Home Department EWHC 954 (Admin) [2016] 1 WLR 1954 (Admin); [2017] EWCA Civ 397: acting for the Home Office in judicial review action concerning, inter alia, whether the Refugee Convention applies to the Sovereign Base Areas of Dhekelia and Akrotiri or via the EU Treaties; Supreme Court appeal pending.
• R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No. 3) [2014] EWHC 1502 (Admin); [2014] Env LR 2, [2013] ACD 83; [2014] EWCA Civ 708, [2014] 1 WLR 2921, [2015] 1 All ER 185: acting for Secretary of State in judicial review proceedings relating to a public consultation of the proposed large scale marine protected area around the British Indian Ocean Territory.
• Bamieh v EULEX, FCO and others (employment tribunal decision on preliminary issues dated 15 April 2016; appeal to Court of Appeal pending): defending employment claims against FCO, which include legal personality of international and regional organisations in international, EU and domestic law and extraterritorial scope of British legislation.
• Chagos Marine Protected Area Arbitration (Mauritius v United Kingdom)Award 18 March 2015, Annex VII arbitration under UNCLOS: counsel for United Kingdom in the dispute over the Marine Protected Area of the British Indian Ocean Territory.
• Khurts Bat v Investing Judge of the German Federal Court [2011] EWHC 2029: assisted counsel for the Foreign Office as intervenor responding to Mr Bat’s claims of special mission, high ranking office and official act immunity.
• Case Concerning Sovereignty Over Pulau Batu Puteh/Pedra Branca, Middle Rocks and South Ledge (Malaysia/Singapore), Judgment, ICJ Reports 2002, p 625: counsel for Malaysia in dispute with Singapore concerning the sovereignty over an island at the eastern entrance of the Singapore Strait.
• Xenides-Arestis v Turkey, Application No. 46347/99, European Court of Human Rights, 22 December 2005: counsel for Turkey in test case concerning the Court’s jurisdiction over property rights claims arising out of the situation in northern Cyprus.
• Bancoult (No 5) and Chagossian Committee Seychelles v Secretary of State for Foreign and Commonwealth Affairs: counsel for Secretary of State in judicial review proceedings challenging the outcome of the review of policy concerning the British Indian Ocean Territory.
• Densham v Chief Constable of Devon and Cornwall Police & Ministry of Justice: sole counsel for the Ministry of Justice in claims made under the Human Rights Act, ECHR article 8 and the Data Protection Act 1998.
• Crick v Ministry of Justice: sole counsel for the Ministry of Justice in joined Human Rights Act claims made under ECHR articles 6 and 8 in respect of two underlying proceedings.

Penelope has advised and acted as counsel in a wide variety of international and domestic cases involving all aspects of Public International Law.

Her cases (international and domestic) include:

• R (Bashir & others) v Secretary of State for the Home Department Acting for the Home Office in judicial review action concerning, inter alia, whether the Refugee Convention applies to the Sovereign Base Areas of Dhekelia and Akrotiri or via the EU Treaties and claims under the ECHR and EU Charter and claims under ECHR articles 8/14 ([2016] EWHC 954 (Admin) [2016] 1 WLR 1954 (Admin); [2017] EWCA Civ 397; Supreme Court appeal pending).
• R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No. 3) Acting for Secretary of State in judicial review proceedings relating to a public consultation of the proposed large scale marine protected area around the British Indian Ocean Territory, including novel issues concerning reliance on wikileaks documents, diplomatic immunity and inviolability, fishing rights under public international law, justiciability and jurisdiction ([2014] EWHC 1502 (Admin); [2014] Env LR 2, [2013] ACD 83; [2014] EWCA Civ 708, [2014] 1 WLR 2921, [2015] 1 All ER 185; Supreme Court judgment pending).
• Bamieh v EULEX, FCO & Ors Defending employment claims against FCO, which include legal personality of international and regional organisations in international, EU and domestic law and extra-territorial scope of the UK Employment Rihjts Act 1996, the ECHR and EU Charter (ET Decision on Preliminary Issues dated 15 April 2016; EAT decision on appeal pending).
• Instructed by charterers in possible ITLOS prompt release and Annex VII arbitration proceedings arising out of the arrest of the crew and vessel by a coastal State in its EEZ. Included advice and drafting application
• Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom), Award 18 March 2015, Annex VII arbitration under the UN Law of the Sea Convention 1982 (UNCLOS). Counsel for United Kingdom in the dispute over the Marine Protected Area of the British Indian Ocean Territory.
• Commercial arbitration on the legality of a voyage order to discharge cargo in a northern Cyprus port, which turned on various issues of public international law and private international law in relation to territory over which the de jure government does not exercise effective control.
• Khurts Bat v Investing Judge of the German Federal Court [2011] EWHC 2029 Assisted counsel for the Foreign Office as intervenor responding to Mr Bat’s claims of special mission, high ranking office and official act immunity.
• Case Concerning Sovereignty Over Pulau Batu Puteh/Pedra Branca, Middle Rocks and South Ledge (Malaysia/Singapore), Judgment, ICJ Reports 2002, p 625. Counsel for Malaysia in dispute with Singapore concerning the sovereignty over an island at the eastern entrance of the Singapore Strait.
• Xenides-Arestis v. Turkey, Application No. 46347/99, European Court of Human Rights, 22 December 2005. Counsel for Turkey in test case concerning the Court’s jurisdiction over property rights claims arising out of the situation in northern Cyprus.

In addition, Penelope is frequently instructed by the government and others on cases involving diplomatic and state immunity.

Penelope’s advice work includes:

• Advice to government on the application of UNCLOS to a sovereignty dispute, with particular focus on the dispute settlement provisions in light of recent jurisprudence.
• Advice to Stop Ivory (NGO) on implementing a total ban on sales of ivory under international law, including CITES, the Bonn Convention, and the Convention on Biological Diversity (available at http://www.stopivory.org/).
• Advice to government on the limits of the outer continental shelf and the process before the Commission on the Limits of the Continental Shelf.
• Advice to government agency on underwater cultural heritage, including the relationship of UNCLOS to marine licensing of activities under domestic law and the relevance of the law of salvage.
• Advice to government on the implications of the European Court of Justice’s Kadi II judgment for sanctions.
• Advice to firm in Hong Kong on potential application of EU sanctions regime against Russia.
• Advice to company on legal issues arising under EU, domestic law and private international law from investing in a development in northern Cyprus.
• Advice to company on sanctions risks arising from proposal to invest in North Korea.
• Advice on potential UK proceedings against a parent company for actions of subsidiary in UNESCO World Heritage Site in a foreign country, including assessment of the application of the Ruggie Principles, the OECD Guidelines For Multinational Companies and extraterritorial tort claims under English law.
• Advice to vessel owners on whether compliance with a voyage order will breach UN, EU and national sanctions.
• Advice to a European energy company on proposed trans-Caspian Sea pipeline and public international law issues arising from the proposal. The advice covered the law of territory (condominiums and transboundary lakes), law of the sea (enclosed seas), the lex communicatus and international and EU environment law, and included presentations of the advice to the European Commission and a foreign ministry.

In addition to her practice, Penelope and has taught the subject at undergraduate and graduate level for many years and is regularly invited to speak and write on the subject (see further below).

Penelope’s practice increasingly covers cases and advice work on public law, human rights and environmental law. In addition to the cases and advice work under the Public International Law heading crossing into this category, her work includes:

• Bancoult (No 5) and Chagossian Committee Seychelles v Secretary of State for Foreign and Commonwealth Affairs Counsel for Secretary of State in judicial review proceedings challenging the outcome of the review of policy concerning the British Indian Ocean Territory.
• Densham v Chief Constable of Devon and Cornwall Police & Ministry of Justice Sole counsel for the Ministry of Justice in claims made under the Human Rights Act, ECHR article 8 and the Data Protection Act 1998.
• Crick v Ministry of Justice Sole counsel for the Ministry of Justice in joined Human Rights Act claims made under ECHR articles 6 and 8 in respect of two underlying proceedings. Succeeded in securing strike outs and civil restraint orders.
• R (Horeau & Ors) v The Secretary of State for Foreign and Commonwealth Office [2016] EWHC 2102 (Admin) Counsel for the Secretary of State in judicial review claim brought by Chagossians based in the Seychelles concerning public consultation and alleged breaches of the public sector equality duty (PSED) under the Equality Act 2010. Successfully appeared as sole counsel at oral renewal permission hearing.
• Child Soldiers International v Secretary of State for Defence Instructed by the Secretary of State for Court of Appeal stage for pleadings on interpretation and application of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation and its relationship to the Army Terms of Service Regulations 2007.
• Advice to foreign government on extraterritorial application of English legislation implementing the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) and EU implementing legislation.
• Advice to Stop Ivory (NGO) on implementing a total ban on ivory sales in UK law.
• Advice to Marine Management Organisation on implementing the Marine Licensing (Exempted Activities) Order 2011.
• Advice to government agency on dredging proposal implications under international, EU and domestic law.

In addition to the ‘business and human rights advice’ on potential UK proceedings against a parent company for actions of subsidiary in UNESCO World Heritage Site in a foreign country, Penelope lectured on this subject in the LLM course at King’s College, London, United Nations: International Institution and Domestic Legal Spaces. She lectured on the Law of Armed Conflict/International Humanitarian Law LLM at the University of Cambridge between 2011-2016, worked at early stages on the draft arms trade treaty and co-authored chapters on articles 6 and 22 for the commentary on the Arms Trade Treaty published by Lalive.

While Penelope’s recent work in this area has focussed primarily on investment treaty arbitrations and the ivory trade she has lectured on the WTO Dispute Settlement Understanding and free movement of goods, services and persons rules under the EU Treaties.

Her investment and trade work includes:

• Two investment treaty arbitrations. Instructed by claimant to work with law firm legal team, including preliminary stages and related annulment proceedings. The arbitrations are ongoing.
• Two advices provided to Stop Ivory on banning trade in ivory in international and UK law. The campaign work has included presenting arguments to MPs and advising on legal issues concerning the interpretation and application of CITES for CITES COPs.
• Assisting counsel with advice to a global company on potential claims under a bilateral investment treaty and prospects of success.
• Azurix Corp v. Argentine Republic ICSID Case No. ARB/01/12. Assisting arbitrator in jurisdictional phase of a bilateral investment treaty claim arising out of investment in a water utilities concession.
• Waste Management v. Mexico ICSID Case No. ARB(AF)/00/3). Assisting president of the tribunal in a NAFTA Chapter 11 dispute.
• Assisting counsel with advice to a government on the interpretation of the WTO Technical Barriers to Trade Agreement.

Much of Penelope’s disputes and advice work concerns or involves the law of the sea and shipping law. Examples above which fall into this category include:

• Chagos Marine Protected Area Arbitration (Mauritius v United Kingdom), Award 18 March 2015, Annex VII arbitration under the UN Law of the Sea Convention 1982 (UNCLOS). Counsel for United Kingdom in the dispute over the Marine Protected Area of the British Indian Ocean Territory.
• Instructed by claimant in London arbitration concerning breach of charterparty to address illegality argument based on Iran sanctions following the JCPOA and, in particular, the impact of US Iran sanctions.
• Instructed by charterers in possible ITLOS prompt release and Annex VII arbitration proceedings arising out of the arrest of the crew and vessel by a coastal State in its EEZ. Included advice and drafting application.
• Commercial arbitration on the legality of a voyage order to discharge cargo in a northern Cyprus port, which turned on various issues of public international law and private international law in relation to territory over which the de jure government does not exercise effective control.
• Case Concerning Sovereignty Over Pulau Batu Puteh/Pedra Branca, Middle Rocks and South Ledge (Malaysia/Singapore), Judgment, ICJ Reports 2002, p 625. Counsel for Malaysia in dispute with Singapore concerning the sovereignty over an island at the eastern entrance of the Singapore Strait, which included arguments on the vessel traffic system through the Singapore and Malacca Straits, aids to navigation and UNCLOS provisions on maritime zones generated by islands, rocks and low tide elevations.
• Advices to government on the application of UNCLOS to a sovereignty dispute, with particular focus on the dispute settlement provisions in light of recent jurisprudence.
• Advice to government on the limits of the outer continental shelf and the process before the Commission on the Limits of the Continental Shelf.
• Advice to government agency on underwater cultural heritage, including the relationship of UNCLOS to marine licensing of activities under domestic law and the relevance of the law of salvage.
• Advice to foreign government on extraterritorial application of English legislation implementing the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) and EU implementing legislation.
• Advice to Marine Management Organisation on implementing the Marine Licensing (Exempted Activities) Order 2011.
• Advice to vessel owners on whether compliance with a voyage order will breach UN, EU and national sanctions.
• Advice to government agency on dredging proposal implications under international, EU and domestic law.
• Advice to a European energy company on proposed trans-Caspian Sea pipeline including law on transboundary pipelines through enclosed seas or inland waters and environmental obligations.

In addition Penelope regularly lectures on law of the sea at King’s College, London and is designing and convening a new LLM course, Transnational Oceans and Maritime Law and regularly speaks on the topic. Recent highlights include ‘Area-Based Management Tools, Including Marine Protected Areas’, at the 2017 ASIL Meeting, Washington D.C, 12-15 April 2017 on the panel session on the new treaty on areas beyond national jurisdiction.

Penelope is often instructed on commercial disputes involving issues of public international law. Work includes:

• Acted for claimant in London arbitration concerning breach of charterparty to address illegality argument based on Iran sanctions following the JCPOA, and in particular, the impact of US Iran sanctions (settled).
• Acting for respondent in ICC arbitration concerning alleged breach of sale and purchase agreement to address illegality argument based on sanctions (ongoing).
• Assisting counsel with arbitration concerning breach of a concession contract on opposing party’s argument based on ‘internationalised contracts’.
• Acting for claimant charters in London arbitration concerning the legality of a voyage order to discharge cargo in a northern Cyprus port.
• Assisting counsel with arbitration concerning breach of a concession contract on opposing party’s argument based on ‘internationalised contracts’.

Penelope’s practice includes work in the energy sector. Of the examples set out above, the following had an energy law component:

• Two investment treaty arbitrations. Instructed by claimant to work with law firm legal team, including preliminary stages and related annulment proceedings. The arbitrations are ongoing.
• Advice to a European energy company on proposed trans-Caspian Sea pipeline and public international law issues arising from the proposal.  The advice covered the law of territory (condominiums and transboundary lakes), law of the sea (enclosed seas), the lex communicatus and international and EU environment law, and included presentations of the advice to the European Commission and a foreign ministry.
• Advice on potential UK proceedings against a parent company for actions of subsidiary in UNESCO World Heritage Site in a foreign country, including assessment of the application of the Ruggie Principles, the OECD Guidelines For Multinational Companies and extraterritorial tort claims under English law.