Academic Staff

Dr. James D. Fry

Associate Professor of Law
Director of the LLM Programme
Department Anti-Plagiarism Coordinator

Academic Member of the Centre for Chinese Law
Fellow of the Centre for Comparative & Public Law


Email | HKU ResearcherPage | SSRN |

Education

PhD, University of Geneva (IHEID)
LLM, Leiden University
JD, Georgetown University Law Center
MIA, Columbia University
BA, Brigham Young University

Biography

James Fry, Associate Professor of Law and Director of the LLM Programme, served as a member of the teaching faculty of the Graduate Institute of International and Development Studies in Geneva before joining the University of Hong Kong in 2008. Before that, Dr. Fry worked with the U.S. Department of State’s Office of the Legal Adviser, the International Litigation and Arbitration Group of the law firm Skadden, Arps, Slate, Meagher & Flom LLP in New York and the Chief Judge of the New York Court of Appeals. Dr. Fry has provided legal counsel and expertise to various international organizations throughout the world, including the International Committee for the Red Cross, the International Organization for Migration, the Organization for the Prohibition of Chemical Weapons, the United Nations Conference on Trade and Development, the World Meteorological Organization and the World Trade Organization, and he has represented the New York City Bar Association in the United Nations Commission on International Trade Law. Dr. Fry also has worked on a variety of international cases under ICSID, UNCITRAL and ICC rules. Since joining HKU, Dr. Fry has held visiting academic positions with such reputable institutions as the Fletcher School of Law and Diplomacy at Tufts University, the University of Fribourg Faculty of Law, the International Maritime Law Institute, the Max Planck Institute for Comparative Public Law and International Law, the McGill University Faculty of Law, the SMU Dedman School of Law, the University of Tokyo Graduate School of Law and Politics, and the University of Vienna School of Law.

Dr. Fry currently is a member of the International Institute for Strategic Studies, the Atlantic Council, the Asia Society and the Travelers’ Century Club (86 countries visited and counting). Dr. Fry also is a member of the New York Bar, the American Society of International Law, the European Society of International Law, the American Bar Association and the New York City Bar Association. Dr. Fry plays an active role in the Hong Kong Law Society’s Constitutional Affairs and Human Rights Committee and in the International Law Association’s Committee on Nuclear Weapons, Non-Proliferation and Contemporary International Law.

Dr. Fry is writing a number of books dealing with international law and comparative law. Recent publications include Legal Resolution of Nuclear Non-Proliferation Disputes (Cambridge University Press, 2013), as well as pieces in such prestigious journals as the American Journal of International Law, the Leiden Journal of International Law, the Michigan Journal of International Law, the Stanford Journal of International Law, the Columbia Journal of Transnational Law, the University of New South Wales Law Journal, and King’s Law Journal. From 2004-2013, Dr. Fry was Managing Editor of International Organizations Law Review. He currently serves on the editorial board of the Hong Kong Law Journal and the Asia-Pacific Journal on Human Rights and the Law, and he also reviews articles for a number of top law journals. Dr. Fry enjoys teaching courses that relate to international law and comparative law. He has received a number of teaching-related and research-related grants and awards. Dr. Fry hails from New York, although he has spent significant time in Bahrain, Japan, Switzerland, The Netherlands and China.

Dr. Fry welcomes all media inquiries, consultation requests, lecture invitations and expressions of interest from prospective PhD students.

Research and Supervision Interests

Dr. Fry is eager to supervise research students in the area of public international law, especially international and regional protection of human rights, law and development, international humanitarian law, international criminal law, arms control and disarmament law, international investment law and arbitration, international dispute settlement, the law of the sea, and the history and theory of international law. He also is interested in supervising some projects dealing with comparative law and legal education.

Selected Teaching

Public International Law
International and Regional Protection of Human Rights
Law and Development
International Humanitarian Law
International Criminal Law
Arms Control and Disarmament Law
International Investment Law
International Dispute Settlement
Law of the Sea
Comparative Law
Constitutional Law
Law of Tort I & II
Law of Contract I & II

Selected Publications

Book (Sole-Author Monograph)

  • Legal Resolution of Nuclear Non-Proliferation Disputes (Cambridge University Press, 2013, 504 pages) (positive book reviews provided by Dieter Fleck in 20 Journal of Conflict and Security Law 481-83 (2015), Bahram Ghiassee Bahram in 6 International Energy Law Review 226-29 (2014) and Jaemin Lee in 21 Seoul International Law Journal 171-175 (2014))

Articles, Book Chapters and Book Reviews

  • Article, Ethiopian Exceptionalism and the Eritrea-Ethiopia Boundary Commission, 24 African Journal of International and Comparative Law 135-157 (University of Edinburgh Press, 2017) (lead article) (“A” journal ranking by the Australian Research Council (2009))
  • Article, Smoke and Mirrors: Reconciling the Right to Health and the Right to Tobacco in Times of Armed Conflict, 39 Houston Journal of International Law 489-555 (2017) (lead article) (with a co-author) (“C” journal ranking by the ARC)
  • Article, The OSCE and Weapons of Mass Destruction: Un Savant Mélange, 45 North Carolina Journal of International Law (forthcoming 2017; approximately 45 pages) (“C” journal ranking by the ARC)
  • Article, International Humanitarian Fact-Finding Mission or Commission?: Universal Human Law as the Glue Between Human Rights Law and International Humanitarian Law (under consideration; forthcoming 2017 or 2018; approximately 40 pages)
  • Article, Rights, Functions and the International Legal Personality of International Organizations (under consideration; forthcoming 2017 or 2018; approximately 30 pages)
  • Article, Positive Spoliation Inferences by the International Court of Justice (under consideration; forthcoming 2017 or 2018; approximately 65 pages).
  • Article, Other Pacific Means of Resolving Iran’s ICJ Certain Iranian Assets Application, 28 American Review of International Arbitration (forthcoming 2017; approximately 60 pages; published by Columbia Law School) (“C” journal ranking by the ARC)
  • Case Comment, First Financial Ins. Co. v. Jetco Contr. Corp. et al., in Chief Judge Judith S. Kaye’s Judicial Writings (SUNY Press, Albert Rosenblatt ed., forthcoming 2017; approximately 4 pages; provisional title of the edited book).
  • Article, Towards a New World for Investor-State Arbitration through Transparency, 48 New York University Journal of International Law and Politics 795-866 (2016) (with a co-author) (“A*” journal ranking by the ARC)
  • Article, Oil Pollution and the Dynamic Relationship between International Environmental Law and the Law of the Sea, 47 Georgetown Journal of International Law 1001-1034 (2016) (with a co-author) (“A” journal ranking by the ARC)
  • Article, Armed Conflict and State Succession in Investor-State Arbitration, 22 Columbia Journal of European Law 421-49 (2016) (with a co-author) (“B” journal ranking by the ARC)
  • Article, Cleaved International Law: Exploring the Dynamic Relationship between International Climate Change Law and International Health Law, 40 Fletcher Forum of World Affairs 73-98 (2016) (with a co-author)
  • Article, International Water Law and China’s Management of its International Rivers, 39 Boston College International and Comparative Law Review 227-66 (2016) (lead article; with a co-author) (“C” journal ranking by the ARC).
  • Book Chapter, Investment Arbitration with Disputes in the Nuclear Energy Sector: Environmental Protection versus Investor Protectionin Bridging the Gap between International Investment Law and the Environment 215-46 (Ige Dekker et al. eds., Eleven Publishing, 2015) (with a co-author)
  • Book Chapter, Membership in the United Nationsin Leading Judicial Decisions of the Law of International Organizations 138-55 (Ramses A. Wessel et al. eds., Oxford University Press, 2015) (with a co-author)
  • Article, Intertemporality and International Investment Arbitration: Protecting the Jurisdiction of Established Tribunals, 31 Arbitration International 213-59 (Oxford University Press, 2015 (with a co-author) (“A” journal ranking by the ARC)
  • Article, Privacy, Predictability and Internet Surveillance in the US and China: Better the Devil You Know?, 37 University of Pennsylvania Journal of International Law 419-501 (2015) (lead article) (“B” ranking by the ARC; SCOPUS and ISI Web of Science journal).
  • Article, The Roots of Historic Title: Non-Western Pre-Colonial Normative Systems and Legal Resolution of Territorial Disputes, 27 Leiden Journal of International Law 727-754 (2014) (with a co-author) (“A” ranking by the ARC; Scopus journal)
  • Book Review, Non-Proliferation Law as a Special Regime, by Daniel H. Joyner & Marco Roscini, eds.108 American Journal of International Law 146-153 (2014) (“A*” ranking by the ARC; Scopus and ISI Web of Science journal)
  • Article, Pluralism, Religion and the Moral Fairness of International Law, 4 Oxford Journal of Law and Religion 393-418 (2014)
  • Article, Forged Independence and Impartiality: Conflicts of Interest of International Arbitrators in Investment Disputes, 30 Arbitration International 189-264 (2014) (with a co-author) (lead article) (“A” ranking by the ARC)
  • Article, Towards an International Piracy Tribunal: The Cure to the Legal Limbo of Captured Pirates, 22 African Journal of International and Comparative Law 341-368 (University of Edinburgh Press, 2014) (lead article) (“A” ranking by the ARC)
  • Book Chapter, Attribution of Responsibilityin Principles of Shared Responsibility in International Law: An Appraisal of the State of the Art 99-135 (André Nollkaemper & Ilias Plakokefalos eds., Cambridge University Press, 2014)
  • Article, The XM25 Individual Semi-Automatic Airburst Weapon System and International Law: Landing on the Wrong Planet?, 36 University of New South Wales Law Journal 682-710 (2013) (“A*” ranking by the ARC)
  • Article, China’s Version of the U.S. Foreign Corrupt Practices Act and the OECD Anti-Bribery Convention: Comparing Ravens and Writing Desks?, 27 King’s Law Journal 60-84 (2013) (“B” ranking by the ARC; Scopus journal)
  • Article, Reassessing Venezuela’s Organic Hydrocarbon Law: A Balance Between Sovereignty and Efficiency?, 6 Journal of World Energy Law & Business 234-259 (Oxford University Press; 2013) (with a co-author) (Scopus journal)
  • Article, Early Security Council Efforts at Nuclear Non-Proliferation Law and Policy: Cooperation Forgotten, 21 Transnational Law & Contemporary Problems 337-358 (2012) (“B” ranking by the ARC)
  • Article, Towards an Agreement on Investment in Mercosur: Conflict and Complementarity between International Investment Law and International Trade-in-Services Law, 13 Journal of World Investment & Trade 556-596 (Brill, 2012) (with a co-author) (“A” ranking by the ARC)
  • Article, Formation of Customary International Law through Consensus in International Organizations, 17 Austrian Review of International and European Law 49-82 (2012).
  • Article, Of Pinpricks and Cannon Shots: UN Arms Embargoes and Peacekeeping as Coercive Disarmament Measures, 17 U.C. Davis Journal of International Law & Policy 213-232 (2011) (lead article) (“C” ranking by the ARC)
  • Article, Regularity through Reason: A Foundation of Virtue for International Arbitration, 4 Contemporary Asia Arbitration Journal 57-94 (National Taiwan University Press, 2011)
  • Article, Gas Smells Awful: UN Forces, Riot-Control Agents and the Chemical Weapons Convention, 31 Michigan Journal of International Law 475-559 (2010) (lead article) (“A*” ranking by the ARC)
  • Article, Non-Participation in the International Court of Justice Revisited: Change or Plus Ça Change?, 49 Columbia Journal of Transnational Law 35-74 (2010) (lead article) (“A” ranking by the ARC; Scopus and ISI Web of Science journal)
  • Book Chapter, Ambiguity in “Arising” Phrases: Caution for Drafters of Intended Narrow Arbitration Clauses, in AAA Handbook on Commercial Arbitration 127-134 (Thomas E. Carbonneau & Jeanette A. Jaeggi eds., 2d ed., 2010) (with a co-author)
  • Article, Sovereign Equality under the Chemical Weapons Convention: Doughnuts over Holes, 15 Journal of Conflict & Security Law 45-63 (Oxford University Press, 2010) (“C” ranking by the ARC; Scopus journal)
  • Article, The Swindle of Fragmented Criminalization: Continuing Piecemeal Responses to International Terrorism and Al Qaeda, 43 New England Law Review 377-435 (2009) (lead article) (“C” ranking by the ARC)
  • Article, Désordre Public International under the New York Convention: Wither Truly International Public Policy, 8 Chinese Journal of International Law 81-134 (Oxford University Press, 2009) (“B” ranking by the ARC; Scopus journal)
  • Article, Arbitrating Arms Control Disputes, 44 Stanford Journal of International Law 359-420 (2008) (“A” ranking by the ARC; Scopus journal)
  • Article, Legitimacy Push: Towards a Gramscian Approach to International Law, 13 UCLA Journal of International Law and Foreign Affairs 307-336 (2008) (lead article) (“B” ranking by the ARC)
  • Article, Dionysian Disarmament: Security Council WMD Disarmament and Arms Control Measures and their Legal Implications, 29 Michigan Journal of International Law 197-292 (2008) (“A*” ranking by the ARC)
  • Article, International Human Rights Law in Investment Arbitration: Evidence of International Law’s Unity, 18 Duke Journal of Comparative & International Law 77-150 (2007) (“B” ranking by the ARC), reprinted in Classics in International Investment Law ch. 19 (August Reinisch ed., 2014, Edward Elgar Publishing)
  • Article, Coercion, Causation and the Fictional Elements of Indirect State Responsibility, 40 Vanderbilt Journal of Transnational Law 611-642 (2007) (lead article) (“A” ranking by the ARC)
  • Article, Remaining Valid: Security Council Resolutions, Textualism, and the Invasion of Iraq, 15 Tulane Journal of International & Comparative Law 609-660 (2007) (“B” ranking by the ARC)
  • Article, Contextualized Legal Reviews for the Methods and Means of Warfare: Cave Combat and International Humanitarian Law, 44 Columbia Journal of Transnational Law 453-519 (2006) (“A” ranking by the ARC; Scopus and ISI Web of Science journal)
  • Article, The UN Security Council and the Law of Armed Conflict: Amity or Enmity?, 38 George Washington International Law Review 327-348 (2006) (“B” ranking by the ARC)
  • Article, European Asylum Law: Race-to-the-Bottom Harmonization?, 15 Journal of Transnational Law & Policy 97-108 (2005) (“C” ranking by the ARC)
  • Article, The Federal Arbitration Act, UNCITRAL Model Law and New York, 8 International Arbitration Law Review 1-13 (2005) (lead article) (“C” ranking by the ARC)
  • Book Chapter, Foreign Direct Investment in Arab Countries: A Guide to Better Understanding Islamic Financial Doctrine, in Strengthening Relations with Arab and Islamic Countries through International Law: E-Commerce, the WTO Dispute Settlement Mechanism and Foreign Investment 87- 308 (Permanent Court of Arbitration ed., 2003) (with a co-author)
  • Article, Quasi-In Rem Jurisdiction and Discovery in Enforcing an Arbitration Award: Understanding CME Media Enterprises B.V. v. Zelezny, 6 International Arbitration Law Review 100-105 (2003) (“C” ranking by the ARC)
  • Article, Terrorism as a Crime Against Humanity and Genocide: The Backdoor to Universal Jurisdiction, 7 UCLA Journal of International Law and Foreign Affairs 169-200 (2002) (“B” ranking by the ARC)
  • Article, Islamic Law and the Iran-United States Claims Tribunal: The Primacy of International Law over Municipal Law, 18 Arbitration International 105-124 (2002) (lead article) (“A” ranking by the ARC)
  • Article, Struggling to Teethe: Japan’s Antitrust Enforcement Regime, 32 Georgetown Journal of International Law 825-858 (2001) (formerly Law and Policy in International Business) (“A” ranking by the ARC)
  • Article, A Safety Net for the Internet?: SEC Protection of Online Investors from Fraud, George Washington Corporate Law and Business Journal, Summer 2000, at 56 (with a co-author)