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School of Law

Dr Tibisay Morgandi, Laurea Magistrale in Giurisprudenza (Università Cattolica, Milan); Masters and PhD in International Law (Graduate Institute, Geneva); LLM (Harvard)

Tibisay

Lecturer in International Energy and Natural Resources Law

Email: t.morgandi@qmul.ac.uk
Room Number: Lincoln’s Inn Fields

Profile

Dr Tibisay Morgandi joined QMUL in 2018 as Lecturer in International Energy and Natural Resources Law (School of Law, Centre for Commercial Law Studies).

Tibisay is a public international lawyer and teaches and publishes in the areas of international energy and climate change law, international economic law, international arbitration, and territorial and maritime delimitation. She holds a PhD and a Masters in International Law from the Graduate Institute in Geneva (2016; 2011), an LLM from Harvard (2014), and a Laurea Magistrale in Giurisprudenza from the Università Cattolica in Milan (2009). She was admitted to the Bar in Italy in 2014. Her native languages are Italian and Spanish, and she is fluent in English and French.

At QMUL, Tibisay is Deputy Chair of the LLM Examination Board and has been recently appointed to the IHSS (Institute for the Humanities and Social Sciences) Climate Emergency Working Group. She also co-directs a pilot legal clinic in international economic law which is part of the TradeLab network.

Before joining QMUL, Tibisay was a Swiss National Science Foundation (SNSF) Postdoctoral Fellow at the University of Cambridge (she was based at C-EENRG, where she is still a Fellow). At Cambridge, she lectured in international environmental law in the MPhil in the Department of Land Economy and taught international law at Trinity Hall. Prior to this, Tibisay worked as an associate in the Public International Law Practice and in the International Arbitration Group at Freshfields Bruckhaus Deringer LLP in Paris. She has also consulted for the European Commission as well as Chatham House, Client Earth, and the International Centre for Trade and Sustainable Development (ICTSD).

Postgraduate Teaching

Tibisay convenes and teaches three modules:

As of the 2021/22 academic year, Tibisay co-directs and co-teaches a pilot legal clinic in  SOLM263 International Economic Law Clinic (TradeLab) 

Special acknowledgments

In 2020, Tibisay received special recognition for the quality of her teaching from the Vice Principal for Education and the HSS Dean for Education.

Research

Research interests / current research projects

Tibisay’s research is in public international law, focusing on topics at the intersection of international energy law (including climate change) and international economic law, international arbitration (both commercial and investment arbitration), territorial and maritime delimitation, and human rights.

Her specialism is bilateral energy agreements. Her book, entitled ‘State Energy Agreements’, forthcoming in 2022 with Cambridge University Press, analyses an original dataset of over 600 bilateral state agreements regulating a variety of energy resources and activities, ranging from the production of hydropower and nuclear energy to the cross-border transportation of oil and gas. The book uses this dataset to generate a taxonomy of these legal instruments with a view to mapping this hitherto largely unstudied field, situating these agreements within the broader corpus of international law.

Tibisay’s broader research focuses on the different ways in which international law is influenced by private economic interests, both from a doctrinal and an ethical perspective. In an article entitled ‘Arbitration and Offshore Resources in Disputed Maritime Areas’ (OUP, 2020), she looked at the way that international law on maritime boundary delimitation is driven by the economic interests of private foreign investors (oil companies), despite this factor appearing at most only indirectly in case law and doctrinal analyses. Tibisay is currently following this up in an empirical and doctrinal research project which maps territorial and maritime conflicts around the world in light of the presence of disputed resources in these areas.

Tibisay also works on ways in which international law enables, enhances and in some ways hinders the transition to a sustainable and carbon-free economy. She has co-authored two articles on different aspects of the (synergetic but also conflictual) relationship between energy security and the energy transition (OUP, 2020; Edward Elgar, 2021). She has also recently completed two articles (one on parent company liability, the other on forum non conveniens) looking at different ways in which oil and mining companies based in the Global North can be held liable for environmental and human rights harms caused by their foreign subsidiaries in the Global South. 

Other research projects and consultancies

Tibisay has consulted for several governmental and non-governmental organisations.

In 2020, she authored a report on process and production methods (PPMs) in international trade. The report was published by Client Earth as ‘International Trade Rules and Environmental Protection Measures – Import Restrictions and Process Production Methods (PPMs) under the General Agreement on Tariffs and Trade’.

In 2018 and 2019, Tibisay consulted for the European Commission, working on projects related to trade and human rights, and energy connectivity (in particular the EU model of electricity transmission networks, ENTSO-E) respectively.

In 2018, she contributed to a report on ‘Human Rights Impact Assessments of Trade Agreements’ for Chatham House.

In 2017, Tibisay co-authored a research paper on fisheries subsidies in the WTO, which was commissioned and published by the International Centre for Trade and Sustainable Development (ICTSD) to assist negotiators at the 2017 WTO Ministerial Conference in Buenos Aires.

She is currently working on a research project for the American Center for International Labor Solidarity on the WTO legality of import bans on products produced in violation of international labour standards.

Research funding

During her SNSF Postdoctoral Fellowship at Cambridge, Tibisay published a dataset of bilateral energy agreements as part of a research project funded by the SNSF, the Philomathia Foundation and the University of Cambridge.

Publications

Key publications

Book

In press

  • T Morgandi, State Energy Agreements (CUP, forthcoming 2022)

Articles/Book Chapters

Under review

  • T Morgandi, ‘The Vedanta and Okpabi Revolution: Tortious Responsibility of UK Parent Companies for Environmental Harms Caused by their Foreign Subsidiaries’, Revised and Resubmitted to The Cambridge Law Journal
  • T Morgandi, ‘Sovereignty, Extraterritoriality and TNCs as Parent Companies Operating Abroad: Forum Non Conveniens and the Interest of Justice’, Submitted to Cambridge International Law Journal

Published

Other papers

In press

  • W J Brownlie, M A Sutton, M A de Boer, L Camprubí, H A Hamilton, K V Heal, T Morgandi, T S Neset, B M Spears, ‘Phosphate Rock: Resources, Reserves and Uses’ in: W J Brownlie et al (eds), Our Phosphorus Future (Edinburgh: UK Centre for Ecology and Hydrology, 2022)

Published

Supervision

Dr Morgandi is currently co-supervising, alongside Dr Angelos Dimopoulos and Professor Malgosia Fitzmaurice, a PhD thesis entitled ‘Member States as advocates of the EU? Legal challenges and implications concerning the balancing of environmental concerns under bilateral investment agreements with non-EU countries’ (Eleftheria Asimakopoulou).

Public Engagement

  • Morgandi, ‘Energy Security in International Law’, Lecture Series on Energy Transition and Climate Governance, Environment, Energy and Natural Resources (EENR) Center, University of Houston Law Center (virtual event) (15 December 2021)
  • Morgandi (moderator), ‘Arbitration, Energy and Climate Change’, VI Oxford Arbitration Day, University of Oxford (virtual event) (12 November 2021)
  • Morgandi and Miron, ‘Can an Energy Transition be Energy Secure? Theory and Practice’, King’s College London Knowledge Exchange Workshop on Governing the Energy Transition: Local Action, International Ambition, King’s College London (virtual event) (19 March 2021)
  • Morgandi, ‘Sovereignty, Extraterritoriality and Human Rights Impacts of International Oil Companies Abroad’, Energy Law & Ethics Workshop, Centre for Commercial Law Studies, Queen Mary University of London (virtual event) (2 June 2020)
  • Morgandi, ‘Arbitration and Offshore Resources in Disputed Maritime Areas’, Seminar Series International Economic Law & Policy (IELAP), King’s College London (17 January 2020)
  • Morgandi, ‘The EU Legal and Regulatory Energy Framework’, Session on Energy Connectivity (Special Session with the EU), 6th Conference, Ulaanbaatar Dialogue on Northeast Asian Security, Ulaanbaatar (6 June 2019)
  • Morgandi, Poster: ‘State Energy Treaties’, 7th Biennial Conference of the Society of International Economic Law (SIEL), Washington DC (13 July 2018).
  • Morgandi, ‘Human Rights Impacts of Trade Agreements’, Workshop, Chatham House, London (21 March 2018)
  • Morgandi and Bartels, ‘Options for the Legal Form of Fisheries Subsidies Disciplines’, Advancing SDG 14.6 Through Fisheries Subsidies Disciplines: Institutional Issues for WTO Member delegates, World Trade Organization (16 November 2017)
  • Morgandi, ‘The Rise and Decline of the Principle of Res Judicata in International Case Law: Where Do We Stand?’, Coordinating Principles and Concepts Between International Courts and Tribunals, Seminar at PluriCourts (Centre for the Study of the Legitimate Roles of the Judiciary in the Global Order), Faculty of Law, University of Oslo (1 December 2016)
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