Monica Feria-Tinta
Barrister
I am a barrister specialising in public international law.
I act for States, international organisations and individuals in both contentious and non-contentious matters before international organs. In addition, I advise clients in public international law issues relevant to domestic cases. My working languages are English and Spanish. In addition, I am fluent in French and have intermediate knowledge of German.
I hold a Masters of Laws with merit (LSE, 1996) and in 2000 I became the first Peruvian-born lawyer to be awarded the Diploma of the Hague Academy in International Law. I have further trained in my field under a fellowship at the United Nations-International Law Commission in Geneva in all areas of public international law, and gained further specialisation in human rights law and humanitarian law at the Institut International des Droits de l’Homme in Strasbourg and at the Abo Academy/Human Rights Institute in Finland under a fellowship sponsored by the European Commission and the Finnish Ministry of Foreign Affairs.
Whereas the time spent early in my formative years, attending the sessions of codification of Rules of International Law at the ILC meetings in Geneva, provided me with a privileged opportunity to observe the most prominent international lawyers of a distinguished generation including the late Professor Ian Brownlie, in action, arguing, discussing and debating rules of general international law, further specialisation in human rights law both at the Institut International des Droits de l’Homme and at the Abo Academy (immersing myself in the law produced by the Strasbourg and Luxembourg organs, other regional systems as well as UN organs) enabled me to make the necessary connections between the general rules thoroughly learned in my foundational training and the specific regimes of International law such as human rights.
I have taught Public International Law both at undergraduate level and post-graduate level at the London School of Economics (1999-2001) and other academic institutions in England and abroad. Teaching Public International Law as a Teaching Assistant to H. E. Judge Sir Christopher Greenwood (then Professor at the Law Faculty of the London School of Economics) allowed me to consolidate a sound knowledge across the field of PIL including Sources, Statehood, Jurisdiction, Territory, Boundary Delimitation, Immunities, Expropriation, Treaty Law, The Law of State Responsibility, Use of Force, Legal Methods of Dispute Settlement, the United Nations System.
For a year, I was based at the Lauterpacht Centre for International Law in Cambridge as a Visiting Scholar. Whilst in Cambridge, I followed the lectures of Sir Daniel Bethlehem QC on the Law of the World Trade Organisation and Professor James Crawford QC's lectures on other forms of Settlement of International Disputes such as International Arbitration.
I regard this formative period as a key one, in the manner in which I understand and apply international law in litigation for the settlement of disputes: as a unity. Often, the crux of a dispute resolution on a human rights case has been - in my experience- a correct understanding of pure norms of State Responsibility, whereas the key to a dispute resolution in a case concerning Consular Relations (an area traditionally conceived as having nothing to do with human rights), has relied on notions of due process in connection to the right of consular assistance. It has been an advantage for me to be able to use my solid academic foundation to best resolve complex legal issues in litigation.
I have appeared as counsel in cases before international human rights tribunals as well as provided legal advice in my field of expertise to individuals, States and Non-Governmental Organisations.
As legal adviser I acted on behalf of a State during the Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, on behalf of Non-Governmental Organisations in non-contentious proceedings before the United Nations Committee Against Torture and UN Special Rapporteurs, as well as presenting Amicus Curiae briefs before courts and Legal Opinions in different settings. My practice as a Public International Lawyer has been, however, mostly in litigation.
I worked initially for the International Criminal Tribunal for the former Yugoslavia in 1999 (as an intern in Trial Chamber I) and for the International Court of Justice in 2000, where I interned with the Legal Department, acquiring the necessary practical skills to handle complex cases such as those concerning war crimes, crimes against humanity or Genocide.
I have litigated since, landmark cases appearing as Counsel before the Inter-American Commission of Human Rights, the Inter-American Court of Human Rights, and the United Nations Human Rights Committee. The litigation work I carried out before the Inter-American Court of Human Rights in particular, produced the first international human rights court decision ordering the prosecution of a former Head of State for crimes under international law.
My litigation work has received some international recognition, having been awarded the Inge Genefke International Award in 2006, and the Gruber Foundation 2007 Justice Prize, which honours “individuals who have advanced the cause of justice as delivered through the legal system”.
I accept instructions to act both in contentious cases before international organs as in an advisory capacity, in non-contentious settings.
I am a member of the American Society of International Law and a member of the Bar of England and Wales. I practise as a barrister from 20 Essex Street Chambers, London.