José Antonio Rivas, S.J.D. '05 (with Distinction)

Adjunct Professor of Law, Georgetown University Law Center
Associate, Arnold & Porter, LL.P.

LL.M. Georgetown; B.A. Los Andes University

Professor Rivas is an Adjunct Professor of “Investment Treaty Arbitration, Public International Law, and  Landmark Judgments of the ICJ.”  He has taught Trade and Integration also at GULC, and is a former professor of Public International Law at the Universidad de los Andes in Colombia.  As a practitioner, he concentrates his practice in international investment arbitration and public international law, representing sovereign States and private parties before the International Centre for Settlement of Investment Disputes (ICSID) and the International Chamber of Commerce.  He has provided counsel in investment treaty arbitration cases, including a case involving investments in electricity generating powerships, and in matters involving the United Nations Convention on the Law of the Sea, the protection of underwater cultural heritage, and territorial and maritime disputes.  He is former Foreign Investment Director of the Ministry of Trade of Colombia where he conducted a program to strengthen the State’s readiness in case of investor-State arbitration and headed the drafting and updating of the Colombian International Investment Agreement (IIA) Model. Based on this Model, he successfully concluded over twelve IIA negotiations with States from Latin America, North America, Europe and Asia which included bilateral investment treaties and investment chapters of free trade agreements (FTAs). In his former capacity he also lead negotiations for Colombia of cross border trade in services and telecommunications chapters of several FTAs. Professor Rivas is former Counsel of ICSID and has substantial experience on ICSID and UNCITRAL rules of arbitration. He received his Doctorate in Law in Juridical Science –SJD– with Distinction after writing on rules of interpretation in public international law and international trade law, GATT XXIV, and rules of origin of regional trade agreements.

Selected Publications
  • Commentary of the Model Investment Treaty of "Colombia", Commentaries on Selected Model Investment Treaties (Oxford Commentaries on International Law) (Oxford University Press, forthcoming January, 2013), pp. 183-244.

  • "Implementation of Investment Treaty Obligations and Management ofInternational Investment Disputes", Investor-State Disputes: Prevention and Alternatives to Arbitration II, UNCTAD (Geneva), 2010, pp.87-92.

  • "Managing Investment Treaty Obligations and Investor-State Disputes: A Guide for Government Officials (Chapter Five)" Latin American Investment Treaty Arbitration. The Controversies and Conflicts, Kluwer Law International (The Hague),2008, pp. 162-193 (with David Pawlak)

  • "Do Rules of Origin in Free Trade Agreements Comply with Article XXIV GATT? (Chapter 7)" Regional Trade Agreements and the WTO Legal System Oxford University Press (New York), 2003, pp.158-170

  • "Agreements for the Protection of Foreign Investments", in Al Derecho, Edición Especial 40 Años, Universidad de Los Andes (Bogotá), 2008 (with Santiago Wills)