Associate Professor Caroline Foster
BA, LLB, LLM, PhD
Dr. Caroline Foster's field is public international law. She is interested to supervise Honours, Masters and Doctoral dissertations on topics in the areas of: (a) international environmental law & harm to shared resources, including environmental oceans issues; (c) science and international law; (d) the relationships between domestic New Zealand law and international environmental law; and (e) international dispute settlement. Her own current research project is on the role of international courts and tribunals in determining States' regulatory powers and obligations in the fields of the environment, health and public morals. The project is supported by a grant from the Marsden Council of the Royal Society of New Zealand.
Dr. Foster graduated from the Andres Bello Chilean Diplomatic Academy as a foreign diplomat in 1993, working as a legal and policy advisor with the New Zealand Ministry of Foreign Affairs from 1992 to 1999 where she advised on a wide range of international legal issues, including United Nations legal issues and the work of the International Law Commission. She served as a New Zealand representative at international negotiations in a number of different areas of international law, and worked at the New Zealand High Commission in London. On the environmental side she worked on the Kyoto Protocol to the UN Framework Convention on Climate Change and the Cartagena Biosafety Protocol on the safe transfer and handling of living modified organisms. Her first monograph 'Science, Proof and Precaution in International Courts and Tribunals: Expert Evidence, Burden of Proof and Finaliity' (Cambridge University Press, 2011, reprinted 2013) was cited by Judges Simma and Al-Khasawneh in the International Court of Justice in the Case Concerning Pulp Mills (Argentina v Uruquay) and by counsel in Whaling in the Antarctic (Australia v Japan).
Dr. Foster holds an LLM (First Class) and PhD from the University of Cambridge, where she took the Whewell Scholarship in International Law in 1997. She has visited the Lauterpacht Research Centre for International Law at the University of Cambridge a number of times since as a Visiting Fellow.
Research | Current
International courts’ and tribunals’ delineation of States’ regulatory powers and duties in the environmental and health spheres.
International environmental law, harm to common spaces and the law on transboundary harm, including in the law of the sea and Antarctic law.
Practical issues arising at the intersection between the international legal fields of trade, the law of the sea and international environmental law.
Public law concepts in international adjudication and arbitration.
Public interests and private actors in international law.
Teaching | Current
LAWPUBL 402 Public International Law
LAWPUBL 421 Advanced International Law
LAWPUBL 435 Law of the Sea and Antarctica
LAWPUBL 432 International Economic Regulation
LAWPUBL 211 Public Law
Selected publications and creative works (Research Outputs)
- Foster, C. E. (2016). Methodologies and Motivations: Was Japan’s Whaling Programme for Purposes of Scientific Research?. In M. Fitzmaurice, D. Tamada (Eds.) Whaling in the Antarctic: Significance and Implications of the ICJ Judgment (pp. 9-37). Brill/Nijhoff. 10.1163/9789004313828_003
- Foster, C. (2015). A new stratosphere? Investment treaty arbitration as 'internationalized public law'. International and Comparative Law Quarterly, 64 (2), 461-485. 10.1017/S0020589315000135
- Foster, C. E. (2015). Proportionality and deference in investor-state arbitration: Balancing investment protection and regulatory autonomy by Caroline Henckels [Book review]. New Zealand Yearbook of International Law, 13, 347-354.
- Foster, C. E. (2014). Diminished ambitions? Public international legal authority in the transnational economic era. Journal of International Economic Law, 17 (2), 355-397. 10.1093/jiel/jgu017
- Foster, C. E. (2012). International adjudication - Standard of review and burden of proof: Australia-Apples and Whaling in the Antarctic. Review of European Community and International Environmental Law, 21 (2), 80-91. 10.1111/j.1467-9388.2012.00742.x
- Foster, C. E. (2012). Adjudication, Arbitration and the Turn to Public Law ‘Standards of Review’: Putting the Precautionary Principle in the Crucible. Journal of International Dispute Settlement, 3 (3), 525-558. 10.1093/jnlids/ids013
- Foster, C. E. (2011). Science and the Precautionary Principle in International Courts and Tribunals. Cambridge University Press. Pages: 408.
- Foster, C. E. (2008). Public opinion and the interpretation of the world trade organisations agreement on sanitary and phytosanitary measures. JOURNAL OF INTERNATIONAL ECONOMIC LAW, 11 (2), 427-458. 10.1093/jiel/jgn011