Franklin Berman
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Sir Franklin Delow Berman, (born 23 December 1939) is a British
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
and leading authority in
international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
. He was
Legal Adviser to the Foreign and Commonwealth Office The Legal Adviser to the Foreign and Commonwealth Office (known as Legal Adviser to the Foreign Office until 1968) is the chief legal adviser and the head of the Legal Directorate of the Foreign and Commonwealth Office. The current Legal Adviser is ...
from 1991 to 1999.


Background and education

Berman was born in South Africa. He was educated at Rondebosch Boys' High School, the
University of Cape Town The University of Cape Town (UCT) (, ) is a public university, public research university in Cape Town, South Africa. Established in 1829 as the South African College, it was granted full university status in 1918, making it the oldest univer ...
(BA in Mathematics 1959, BSc 1960), and
Wadham College, Oxford Wadham College ( ) is a Colleges of the University of Oxford, constituent college of the University of Oxford in the United Kingdom. It is located in the centre of Oxford, at the intersection of Broad Street, Oxford, Broad Street and Parks Road ...
, where he was a Rhodes Scholar, and took
first class honours The British undergraduate degree classification system is a grading structure used for undergraduate degrees or bachelor's degrees and integrated master's degrees in the United Kingdom. The system has been applied, sometimes with significant var ...
in Jurisprudence. He then undertook doctoral work at
Nuffield College, Oxford Nuffield College () is one of the Colleges of the University of Oxford, constituent colleges of the University of Oxford in England. It is a graduate college specialising in the social sciences, particularly economics, politics and sociology. N ...
, where he held a
studentship A scholarship is a form of financial aid awarded to students for further education. Generally, scholarships are awarded based on a set of criteria such as academic merit, diversity and inclusion, athletic skill, and financial need, research exp ...
.


Diplomatic Service

Berman joined
Her Majesty's Diplomatic Service His Majesty's Diplomatic Service (HMDS) is the diplomatic service of the United Kingdom of Great Britain and Northern Ireland, dealing with foreign affairs and representing British interests overseas, as opposed to the Civil Service, which deals ...
in 1965, and was
called to the bar The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received "call to ...
of
Middle Temple The Honourable Society of the Middle Temple, commonly known simply as Middle Temple, is one of the four Inns of Court entitled to Call to the bar, call their members to the English Bar as barristers, the others being the Inner Temple (with whi ...
in 1966. He was assistant legal advisor for the
Foreign and Commonwealth Office The Foreign, Commonwealth and Development Office (FCDO) is the ministry of foreign affairs and a Departments of the Government of the United Kingdom, ministerial department of the government of the United Kingdom. The office was created on 2 ...
from 1965 to 1971, legal advisor to the British Military Government of
Berlin Berlin ( ; ) is the Capital of Germany, capital and largest city of Germany, by both area and List of cities in Germany by population, population. With 3.7 million inhabitants, it has the List of cities in the European Union by population withi ...
from 1971 to 1972, legal adviser at the British Embassy,
Bonn Bonn () is a federal city in the German state of North Rhine-Westphalia, located on the banks of the Rhine. With a population exceeding 300,000, it lies about south-southeast of Cologne, in the southernmost part of the Rhine-Ruhr region. This ...
, from 1972 to 1974. He was a legal counsellor for the FCO from 1974/5–82, counsellor for the UK Mission to the
United Nations The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...
from 1982 to 1985. He became deputy legal adviser in 1988 and served as
Legal Adviser to the Foreign and Commonwealth Office The Legal Adviser to the Foreign and Commonwealth Office (known as Legal Adviser to the Foreign Office until 1968) is the chief legal adviser and the head of the Legal Directorate of the Foreign and Commonwealth Office. The current Legal Adviser is ...
from 1991 to 1999. He was made an honorary
Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...
in 1992.


After the Diplomatic Service

He joined
Essex Court Chambers Essex Court Chambers is a set of commercial barristers in Lincoln's Inn Fields, central London. It has 110 tenants, of whom 55 are King's Counsel, also known as Silks. It is considered by legal commentators to be one of the ' Magic Circle' of Londo ...
in 2000, where he continues to practice law with a specialisation in international arbitration and advisory work in international law. He served as an ''
ad hoc ''Ad hoc'' is a List of Latin phrases, Latin phrase meaning literally for this. In English language, English, it typically signifies a solution designed for a specific purpose, problem, or task rather than a Generalization, generalized solution ...
'' judge for the
International Court of Justice The International Court of Justice (ICJ; , CIJ), or colloquially the World Court, is the only international court that Adjudication, adjudicates general disputes between nations, and gives advisory opinions on International law, internation ...
from 2003 to 2005, and has been a member of the
Permanent Court of Arbitration The Permanent Court of Arbitration (PCA) is an intergovernmental organization headquartered at the Peace Palace, in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides administrative support in international ...
since 2010. He is a
visiting professor In academia, a visiting scholar, visiting scientist, visiting researcher, visiting fellow, visiting lecturer, or visiting professor is a scholar from an institution who visits a host university to teach, lecture, or perform research on a topic fo ...
of international law at the University of Oxford and the University of Cape Town, and of
King's College London King's College London (informally King's or KCL) is a public university, public research university in London, England. King's was established by royal charter in 1829 under the patronage of George IV of the United Kingdom, King George IV ...
. Berman has served as an arbitrator in ICSID, LCIA and ICC cases. He was appointed in 2010 as the Legal Member of the Court of Arbitration between
Pakistan Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...
and
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
under the
Indus Waters Treaty The Indus Water Treaty (IWT) is a water-distribution treaty between India and Pakistan, arranged and negotiated by the World Bank, to use the water available in the Indus River and its tributaries. It was signed in Karachi on 19 September 196 ...
.


Boards and committees

He has been
chair A chair is a type of seat, typically designed for one person and consisting of one or more legs, a flat or slightly angled seat and a back-rest. It may be made of wood, metal, or synthetic materials, and may be padded or upholstered in vario ...
of the Diplomatic Service Association (1979–82), the
Appeals In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
Board of the International Oil Pollution Compensation Fund (1985–2004), the
Trustee Trustee (or the holding of a trusteeship) is a legal term which, in its broadest sense, refers to anyone in a position of trust and so can refer to any individual who holds property, authority, or a position of trust or responsibility for the ...
s of the University of Cape Town (member since 1999, chair since 2010), the
Austria Austria, formally the Republic of Austria, is a landlocked country in Central Europe, lying in the Eastern Alps. It is a federation of nine Federal states of Austria, states, of which the capital Vienna is the List of largest cities in Aust ...
n National Fund for Compensation of Victims of Nazi Persecution (2001–present), and the Diplomatic Service Appeals Board (2002–06); and has served as a board member or trustee of many other organisations.


Honours

Berman was made a on 31 December 1993. He became an Honorary Fellow of Wadham College 1995, and of the
Society of Advanced Legal Studies A society () is a group of individuals involved in persistent social interaction or a large social group sharing the same spatial or social territory, typically subject to the same political authority and dominant cultural expectations. Soc ...
in 1997. He was awarded the Grand Decoration of Honour in Gold with Star by the
Austria Austria, formally the Republic of Austria, is a landlocked country in Central Europe, lying in the Eastern Alps. It is a federation of nine Federal states of Austria, states, of which the capital Vienna is the List of largest cities in Aust ...
n Government in 2007. The University of Cape Town offers an annual Sir Franklin Berman Prize in International Law.(University of Cape Town) ''Law Review'' September 2009; p. 41


References

{{DEFAULTSORT:Berman, Franklin 1939 births Members of the Permanent Court of Arbitration British barristers Living people South African Rhodes Scholars University of Cape Town alumni Alumni of Rondebosch Boys' High School Alumni of Wadham College, Oxford Alumni of Nuffield College, Oxford Recipients of the Grand Decoration with Star for Services to the Republic of Austria Honorary King's Counsel Knights Commander of the Order of St Michael and St George Knights Grand Cross of the Royal Order of Cambodia Lawyers awarded knighthoods Members of the Middle Temple Members of HM Diplomatic Service British judges of international courts and tribunals 20th-century British diplomats