David Caron

{{short description|American attorney (1953-2018)}}

{{Use dmy dates|date=July 2021}}

{{Infobox Judge

| name = David D. Caron

| image = David D Caron.jpg

| caption =

| office = Judge of the Iran-United States Claims Tribunal

| term_start = 2015

| term_end = 2018 (death)

| predecessor = Charles N. Brower

| successor = Sir Christopher Greenwood

| office1 = Judge ad hoc of the International Court of Justice

| term_start1 = 2014

| term_end1 = 2018 (death)

| monarch =

| birth_date = {{birth date|df=y|1953|6|28}}

| birth_place = Connecticut, United States

| death_date = {{death date and age|df=y|2018|2|20|1953|6|28}}

| death_place = London, England

| spouse =

| residence =

| alma_mater = United States Coast Guard Academy, University of Wales, University of California, Berkeley, Leiden University

| occupation = Professor, Judge

| profession =

| signature =

| website =

| footnotes =

}}

David D. Caron (28 June 1952 – 20 February 2018){{cite web |last1=Brower |first1=Charles N. |title=Berkeley Law Professor Emeritus David Caron '83 Passes Away at 65 |url=https://www.law.berkeley.edu/article/berkeley-law-professor-emeritus-david-caron-83-passes-away-65/ |website=Berkeley Law |access-date=17 July 2021 |date=29 August 2018 |archive-date=27 February 2018 |archive-url=https://web.archive.org/web/20180227035101/https://www.law.berkeley.edu/article/berkeley-law-professor-emeritus-david-caron-83-passes-away-65/ |url-status=live }} was an American attorney who was the dean of the King's College London School of Law, and an emeritus professor of UC Berkeley School of Law. Caron was a Member of the Iran-United States Claims Tribunal and a Judge ad hoc of the International Court of Justice. After his death it was said that "at (his) prime, (he) was arguably one of the top two or three arbitrators in the United States and in the world."{{cite web |last1=Visher |first1=Jarrett |title=Berkeley law professor emeritus and international law expert David Caron dies at 65 |url=https://www.dailycal.org/2018/03/01/berkeley-law-professor-emeritus-international-law-expert-david-caron-dies-65 |website=The Daily Californian |date=2 March 2018 |access-date=11 December 2022 |archive-date=11 December 2022 |archive-url=https://web.archive.org/web/20221211181252/https://www.dailycal.org/2018/03/01/berkeley-law-professor-emeritus-international-law-expert-david-caron-dies-65 |url-status=live }}

Berkeley Law Dean Erwin Chemerinsky said that Caron "wrote on virtually every aspect of international law, looking especially at public and private international dispute resolution and international courts and tribunals" He also credited Caron with being a "pioneer in the field of international environmental law, looking at issues such as the law of the sea and climate change."{{cite journal |last1=Chemerinsky |first1=Erwin |title=Foreword: In Honor and Memory of David Caron |journal=Ecology Law Quarterly |volume=46 |issue=3 |page=3 |url=https://www.ecologylawquarterly.org/wp-content/uploads/2020/03/02_BJIL_Chem_final_Redacted.pdf |access-date=14 December 2022 |archive-date=20 August 2020 |archive-url=https://web.archive.org/web/20200820025445/http://www.ecologylawquarterly.org/wp-content/uploads/2020/03/02_BJIL_Chem_final_Redacted.pdf |url-status=live }}

Biography

=Early life=

Caron was born in Connecticut. He was the youngest of three siblings. His parents were emigrants from Quebec, Canada. While in school Caron undertook summer work in tobacco fields outside of Hartford, Connecticut. He graduated from A.J. Penney High School in East Hartford and applied to join the United States Coast Guard Academy after high school. His first application was rejected on medical grounds, and he had to have surgery to break and reset his jaw, to meet the admission criteria. Caron’s dental surgeon wrote to the Coast Guard about the “remarkable stoicism which underscored his determination to qualify as a Cadet at the Academy”.{{cite news |title=Cadet Overcomes Great Obstacles |url=https://books.google.com/books?id=VvggAAAAIBAJ&q=Cadet+overcomes&pg=PA117 |access-date=14 December 2022 |work=The Day |publisher=New London, Connecticut |date=16 September 1970 |archive-date=28 March 2023 |archive-url=https://web.archive.org/web/20230328115033/https://books.google.com/books?id=VvggAAAAIBAJ&q=Cadet+overcomes&pg=PA117 |url-status=live }}{{cite web |last1=Hon Charles N Brower |title=Tribute to Pat Murphy and David Caron |url=https://itainreview.org/articles/Spring2019/tribute-to-pat-murphy-and-david-caron.html |website=ITA in Review |access-date=12 December 2022 |archive-date=12 December 2022 |archive-url=https://web.archive.org/web/20221212221654/https://itainreview.org/articles/Spring2019/tribute-to-pat-murphy-and-david-caron.html |url-status=live }}

=Education=

At the United States Coast Guard Academy, Caron took physics and political science as his major. He was Commander of the Corps of Cadets in 1974. He was an Arctic navigator and salvage-diving officer aboard the US Coast Guard cutter Polar Star. In San Francisco he was assistant chief of the Marine Environment Protection Service for California.{{citation needed|date= August 2023}}

Next, in 1979, Caron studied at the University of Wales in Cardiff on a Fulbright Commission scholarship. He then studied law at the University of California, Berkeley. When asked, later, about his decision to study law, he said: "I discovered I loved learning and I was just insatiable about it and still am in many ways. I moved from studying how things work to why people don't work – and how you could help them."{{cite web |last1=Garner |first1=Richard |title=David Caron: 'I want King's College London to be the Harvey Nichols of law schools' |url=https://www.independent.co.uk/student/news/david-caron-i-want-kings-college-london-to-be-the-harvey-nichols-of-law-schools-8577413.html |work=The Independent |date=17 April 2013 |access-date=12 December 2022 |archive-date=8 May 2017 |archive-url=https://web.archive.org/web/20170508150401/http://www.independent.co.uk/student/news/david-caron-i-want-kings-college-london-to-be-the-harvey-nichols-of-law-schools-8577413.html |url-status=live }} While a legal assistant at the Iran-U.S. Claims Tribunal Caron undertook a PhD in Law at Leiden University.

=Professor of Law=

Caron’s first position after law school was as a legal assistant at the Iran-U.S. Claims Tribunal for both Judges Richard M. Mosk and Charles N. Brower.

Upon his return to California, Caron briefly worked as an attorney, before he became a faculty member at Berkley Law School in 1987. He would remain in the faculty, first as C. William Maxeiner Distinguished Professor of International Law, and later as professor emeritus, for the rest of his life.{{cite web |title=In Memoriam David Caron |url=https://senate.universityofcalifornia.edu/in-memoriam/files/david-caron.html |website=University of California Academic Senate |publisher=University of California |access-date=12 December 2022 |archive-date=12 December 2022 |archive-url=https://web.archive.org/web/20221212221700/https://senate.universityofcalifornia.edu/in-memoriam/files/david-caron.html |url-status=live }}

He received the 1991 Deak Prize of the American Society of International Law for outstanding scholarship by a younger academic. In 2000, Caron received the first Stefan A. Riesenfeld Award. The award recognizes outstanding contributions to international law. In 2010-2012 he was the President of the American Society of International Law.{{cite web |title=Governance |url=https://www.asil.org/about/governance |website=American Society of International Law |access-date=12 December 2022 |archive-date=8 May 2020 |archive-url=https://web.archive.org/web/20200508192730/https://www.asil.org/about/governance |url-status=live }}

Between 2013 and 2016 he served as Dean of the law school at King’s College London. Caron left this position to take up membership of the Iran-U.S. Claims Tribunal, while he kept his links to the law schools in Berkeley and London.{{cite web |last1=Israel |first1=Brett |title=Berkeley Law professor emeritus David Caron dies |url=https://news.berkeley.edu/story_jump/berkeley-law-professor-emeritus-david-caron-dies/ |website=Berkeley News |date=27 February 2018 |access-date=11 December 2022 |archive-date=11 December 2022 |archive-url=https://web.archive.org/web/20221211180544/https://news.berkeley.edu/story_jump/berkeley-law-professor-emeritus-david-caron-dies/ |url-status=live }}

=Arbitrator & Judge=

Caron served as counsel, and at times as an expert, before international courts and tribunals. In the former role, he became a barrister, and member of 20 Essex Chambers in London.{{cite web |title=Professor David Caron Joins 20 Essex Street |url=https://www.twentyessex.com/professor-david-caron-joins-20-essex-street/ |website=20 Essex Chambers |date=27 October 2009 |access-date=12 December 2022 |archive-date=12 December 2022 |archive-url=https://web.archive.org/web/20221212221658/https://www.twentyessex.com/professor-david-caron-joins-20-essex-street/ |url-status=live }}

Caron then built up his extensive expertise as an international arbitrator, including as a Commissioner with the Precedent Panel of the U. N. Compensation Commission in Geneva that resolved claims from the 1990 Gulf War.{{Cite web|title=David Caron|url=https://www.law.georgetown.edu/ctls/staff/david-caron/|access-date=2021-07-18|language=en-US|archive-date=17 July 2021|archive-url=https://web.archive.org/web/20210717122524/https://www.law.georgetown.edu/ctls/staff/david-caron/|url-status=live}}

=Death=

Caron died at St. Thomas' Hospital, London, on 20 February 2018 after a short illness.{{cite web |last1=Rubenstein |first1=Steve |title=David Caron, international law expert and UC Berkeley law professor, dies |url=https://www.sfchronicle.com/bayarea/article/David-Caron-international-law-expert-and-U-C-12723833.php |website=San Francisco Chronicle |date=3 March 2018 |access-date=11 December 2022 |archive-date=11 December 2022 |archive-url=https://web.archive.org/web/20221211180051/https://www.sfchronicle.com/bayarea/article/David-Caron-international-law-expert-and-U-C-12723833.php |url-status=live }} Only three days before he had been sitting as a Judge at the Iran-U.S. Claims Tribunal.{{cite web |last1=Higgins |first1=Master |title=Master Caron |date=5 October 2018 |url=https://issuu.com/theinnertemple/docs/innertempleyearbook2018 |publisher=Inner Temple |access-date=12 December 2022 |archive-date=12 December 2022 |archive-url=https://web.archive.org/web/20221212073554/https://issuu.com/theinnertemple/docs/innertempleyearbook2018 |url-status=live }}

Legacy

On 23 March 2018, a “packed service of celebration and thanksgiving for his life” was held at The Honourable Society of the Inner Temple in London.{{cite web |last1=Higgins |first1=Master |title=Master Caron |date=5 October 2018 |url=https://issuu.com/theinnertemple/docs/innertempleyearbook2018 |publisher=Inner Temple |access-date=12 December 2022 |archive-date=12 December 2022 |archive-url=https://web.archive.org/web/20221212073554/https://issuu.com/theinnertemple/docs/innertempleyearbook2018 |url-status=live }} The memorial host was Baroness Rosalyn Higgins, a former Treasurer of the Inn, and former President of the International Court of Justice

The American Society of International Law dedicated its 112th Annual Meeting, held from 4-7 April 2018, to Caron’s memory.{{cite web |title=International Law in Practice - 112th ASIL Annual Meeting |url=https://www.asil.org/sites/default/files/annualmeeting/pdfs/2018_Program.pdf |access-date=12 December 2022 |archive-date=13 August 2022 |archive-url=https://web.archive.org/web/20220813012819/https://www.asil.org/sites/default/files/annualmeeting/pdfs/2018_Program.pdf |url-status=live }} The Society later announced a fund in Caron’s honour, the [https://www.asil.org/financial-support/DavidCaronFund David D. Caron Fund], which would support the activities of young scholars and, in particular, the Society’s Mid-Year Meeting.{{cite web |title=ASIL Launches Prize in Honor of David Caron |url=https://globalarbitrationreview.com/article/asil-launches-prize-in-honour-of-david-caron |website=Global Arbitration Review |access-date=11 December 2022 |archive-date=11 December 2022 |archive-url=https://web.archive.org/web/20221211175459/https://globalarbitrationreview.com/article/asil-launches-prize-in-honour-of-david-caron |url-status=live }}

On 14-15 September 2018, UC Berkeley School of Law held a memorial and conference in Caron’s honor. The conference was on the theme “The Elegance of International Law”. The proceedings of the conference were jointly published by the Berkeley Journal of International Law and the Ecology Law Quarterly, with both of which Caron had strong ties. {{cite journal |journal=Ecology Law Quarterly |date=2019 |volume=46 |issue=3 |title=Introduction |url=https://www.ecologylawquarterly.org/print/introduction-a-joint-publication-in-commemoration-of-professor-david-d-caron-83/ |access-date=14 December 2022 |archive-date=14 December 2022 |archive-url=https://web.archive.org/web/20221214095038/https://www.ecologylawquarterly.org/print/introduction-a-joint-publication-in-commemoration-of-professor-david-d-caron-83/ |url-status=live }}

In 2024 Oxford University Press published a collection of essays by judges, arbitrators, lawyers, and academics in Caron's honour. Entitled By Peaceful Means: International Adjudication and Arbitration - Essays in Honour of David D. Caron, the volume was edited by then ICJ President, Joan Donoghue, as well as Judge Charles N. Brower, Cian C. Murphy, Cymie R. Payne, and Esmé R. Shirlow.[https://global.oup.com/academic/product/by-peaceful-means-9780192848086?cc=gb&lang=en&] The book was launched at the 2024 Annual Meeting of the American Society of International Law.

Publications

=Books=

Caron’s books include the following:

  • [https://www.cambridge.org/core/books/international-law-of-disaster-relief/62D5733BDE6216CFB5A41DE19B240E46 The International Law of Disaster Relief] (editor with Michael J. Kelly, Anastasia Telesetsky), 2016, Cambridge University Press.
  • [https://global.oup.com/academic/product/practising-virtue-9780198739807?cc=pt&lang=en& Practising Virtue: Inside International Arbitration] (editor with Stephan W. Schill, Abby Cohen Smutny, and Epaminotas E. Triantafilou), 2015, Oxford University Press.
  • [https://brill.com/edcollbook/title/26634 The Oceans on the Nuclear Age: Legacies and Risks, Second Expanded Edition] (editor with Narry N. Scheiber), 2014, Brill Nijhoff.
  • [https://global.oup.com/academic/product/the-uncitral-arbitration-rules-9780199696307 The UNCITRAL Arbitration Rules: A Commentary] (author with Lee M. Caplan), 2013, Oxford University Press.

=Articles=

Caron's articles include the following:

  • 'The Alien Tort Statute: An Overview of Current Issues' (2010) [http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1388&context=bjil 28 Berkeley Journal of International Law] (with Richard M. Buxbaum)
  • 'The ILC Articles on State Responsibility: The Paradoxical Relationship between Form and Authority' (2002) [https://www.jstor.org/stable/3070682 96(4) The American Journal of International Law 857]
  • 'War and International Adjudication: Reflections on the 1899 Peace Conference' (2000) [https://www.jstor.org/stable/2555228 94(1) American Journal of International Law 4]
  • 'The legitimacy of the collective authority of the Security Council' (1995) [https://www.jstor.org/stable/2203616 87(4) American Journal of International Law 552]
  • 'The International Whaling Commission and the North Atlantic Marine Mammal Commission: The Institutional Risks of Coercion in Consensual Structures' (1995) [https://www.jstor.org/stable/2203905 89(1) The American Journal of International Law 154]
  • 'The Legitimacy of the Collective Authority of the Security Council' (1993) [https://www.jstor.org/stable/2203616 87(4) American Journal of International Law 552]
  • 'Iraq and the Force of Law: Why Give a Shield of Immunity?' (1991) [https://www.jstor.org/stable/2203560 85(1) The American Journal of International Law 89]

=Lectures=

  • [https://www.cambridge.org/core/journals/proceedings-of-the-asil-annual-meeting/article/abs/remarks-by-david-d-caron/B514FC1DF2B433A1CAE36464BC20DF77 Fifth Annual Charles N. Brower Lecture on International Dispute Resolution: The Multiple Functions of International Courts and the Singular Task of the Adjudicator], American Society of International Law, 2017.
  • [http://legal.un.org/avl/ls/Caron_CT.html Understanding Why International Courts and Tribunals Look and Act as They Do], for the UN Audio Visual Library.

References

{{reflist}}