Christopher Staker KC

Year of Call 2003 Silk 2026

Christopher Staker KC

Year of Call 2003 Silk 2026

Profile

Christopher has extensive experience in international law and public law at both national and international levels. He appears in cases before international courts as well as before national courts and tribunals, and advises, in matters involving international law, human rights, European law and Brexit-related issues, administrative and public law, immigration and asylum law, and tax.

He has been counsel in cases before the International Court of Justice, International Tribunal for the Law of the Sea, European Court of Human Rights and other international fora, as well as before domestic courts at all levels in the United Kingdom and Australia, including the United Kingdom Supreme Court and High Court of Australia. He has experience in investment treaty arbitration.

Positions that he has previously held include Principal Legal Secretary (head of the Legal Department) at the International Court of Justice (The Hague), Deputy (Chief) Prosecutor of the Special Court for Sierra Leone (Freetown), Senior Appeals Counsel at the International Criminal Tribunal for the Former Yugoslavia (The Hague), Counsel Assisting the Solicitor-General of Australia (Canberra), and counsel in the Office of International Law of the Australian federal Attorney-General’s Department (Canberra). He originally trained as a diplomat with the Australian Department of Foreign Affairs.

He was formerly admitted as a lawyer in Australia, as a barrister in Ireland, and a lawyer (Rechtsanwalt) in Germany. He is fluent in French and German.

He was previously on the Treasury A Panel of Counsel (2016-2021 and 2023-2026), and the Attorney-General’s Public International Law A Panel (2020-2025).

Select expertise to be included in the CV download:

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Appointments

  • Fellow of the Chartered Institute of Arbitrators (FCIArb)
  • Panel Arbitrator with the Asian International Arbitration Centre
  • Attorney General’s Public International Law A Panel (2020-2025), B Panel (2013-2018)
  • Attorney General’s (Treasury) A Panel (2016-2021 and 2023-2026), B Panel (2013-2016), C Panel (2010-2013)

Publications

  • ‘Public International Law’, in Nigel Pleming KC et al. (eds.), The Law of Net Zero and Nature Positive (2025) (with Grace Cheng and Vivek Kapoor)
  • The section on ‘Decisions of British Courts Involving Questions of Public International Law’ in the British Yearbook of International Law, 1990-1995 (volumes 61-66).
  • The section on ‘Australian Cases Involving Questions of Public International Law’ in the Australian Yearbook of International Law, 1992-1995 (volumes 14-15, 17).
  • ‘Public International Law and the Lex Situs Rule in Property Conflicts and Foreign Expropriations’ (1987) 58 British Yearbook of International Law 151.
  • ‘Vienna Sales Convention takes effect in Australia next year’ (1988) 23 Australian Law News (No 5) 19 (with Ian Govey).
  • ‘Diplomatic Protection of Private Business Companies: Determining Corporate Personality for International Law Purposes’ (1990) 61 British Yearbook of International Law 155.
  • ‘Section 92 of the Constitution and the European Court of Justice’ (1990) 19 Federal Law Review 322.
  • ‘Free Movement of Goods in the EEC and Australia: A Comparative Study’ (1990) 10 Yearbook of European Law 209.
  • The Laws of Australia (Law Book Company Ltd), Title 19, ‘Government’: contributed sections on Australian Constitution, section 51(x) (fisheries), (xxiv) (service and execution of process), (xxv) (recognition throughout Australia of laws, public acts and records, and judicial proceedings, of the States), (xxix) (external affairs) and (xxx) (relations with islands of the Pacific), and section 122 (federal territories).
  • Will there be a role for other international criminal tribunals after the establishment of an ICC’ (1998) 0 International Law Forum/Forum du droit international 18.
  • ‘The Jurisdiction and Merits Phases Distinguished’, in Laurence Boisson de Chazournes and Philippe Sands (eds.), International Law, The World Court and Nuclear Weapons (Cambridge University Press, 1999) (with G. Griffith).
  • Otto Triffterer (ed.), Commentary on the Rome Statute of the International Criminal Court (Nomos Verlag, Baden Baden, 1999): contributed section on “Part 8: Appeal and Revision” (Articles 81-85 of the ICC Statute), pp. 1015-1043.
  • ‘The Prosecutors of the International Tribunals: The Cases of the Nuremberg and Tokyo Tribunals, the ICTY and ICTR, and the ICC Compared’, in Louise Arbour, Albin Eser, Kai Ambos and Andrew Sanders (eds.), The Prosecutor of an International Criminal Court (Beiträge aus dem Max-Planck-Institut für ausländisches und internationals Strafrecht, Freiburg, Band S 81, 2000), pp. 121-154 (with M. Bergsmo and C. Cissé).
  • ‘The Definition of “waste” in the Waste framework Directive”, European Current Law, March 2005, xi.
  • ‘Defence of Superior Orders Revisited’ (2005) 79 Australian Law Journal 431.
  • Otto Triffterer (ed.), Commentary on the Rome Statute of the International Criminal Court (second edition, CH Beck, Munich, 2008): contributed updates of “Part 8: Appeal and Revision” (Articles 81-85 of the ICC Statute), and of Articles 38-40 and 52.
  • ‘Jurisdiction’, in Malcolm D Evans (ed.), International Law (3rd edn, Oxford University Press, 2010) (with Vaughan Lowe) (4th edi, Oxford University Press 2014). (5th edn, Oxford University Press 2018) (6th edn, Oxford University Press 2024).
  • Interpretive Methodologies and the Use of Precedent in Cases Before International Criminal Courts’ in Principles of Evidence in International Justice (Oxford University Press, 2010).
  • Proelss, United Nations Convention on the Law of the Sea: A Commentary (CH Beck, Hart, Nomos 2017) (contributor/co-contributor Annex VI, Articles 21-34).
  • ‘Integrity and the Inevitable Political Exposure of International Criminal Justice’, in Morten Bergsmo and Viviane E. Dittrich (eds.), Integrity in International Justice (Torkel Opsahl Academic EPublisher, 2020).

Additional Information

  • English (native speaker)
  • German (fluent)
  • French (fluent)
  • Dutch (passive knowledge)

Select expertise to be included in the CV download:

Appointments

  • Fellow of the Chartered Institute of Arbitrators (FCIArb)
  • Panel Arbitrator with the Asian International Arbitration Centre
  • Attorney General’s Public International Law A Panel (2020-2025), B Panel (2013-2018)
  • Attorney General’s (Treasury) A Panel (2016-2021 and 2023-2026), B Panel (2013-2016), C Panel (2010-2013)

Publications

  • ‘Public International Law’, in Nigel Pleming KC et al. (eds.), The Law of Net Zero and Nature Positive (2025) (with Grace Cheng and Vivek Kapoor)
  • The section on ‘Decisions of British Courts Involving Questions of Public International Law’ in the British Yearbook of International Law, 1990-1995 (volumes 61-66).
  • The section on ‘Australian Cases Involving Questions of Public International Law’ in the Australian Yearbook of International Law, 1992-1995 (volumes 14-15, 17).
  • ‘Public International Law and the Lex Situs Rule in Property Conflicts and Foreign Expropriations’ (1987) 58 British Yearbook of International Law 151.
  • ‘Vienna Sales Convention takes effect in Australia next year’ (1988) 23 Australian Law News (No 5) 19 (with Ian Govey).
  • ‘Diplomatic Protection of Private Business Companies: Determining Corporate Personality for International Law Purposes’ (1990) 61 British Yearbook of International Law 155.
  • ‘Section 92 of the Constitution and the European Court of Justice’ (1990) 19 Federal Law Review 322.
  • ‘Free Movement of Goods in the EEC and Australia: A Comparative Study’ (1990) 10 Yearbook of European Law 209.
  • The Laws of Australia (Law Book Company Ltd), Title 19, ‘Government’: contributed sections on Australian Constitution, section 51(x) (fisheries), (xxiv) (service and execution of process), (xxv) (recognition throughout Australia of laws, public acts and records, and judicial proceedings, of the States), (xxix) (external affairs) and (xxx) (relations with islands of the Pacific), and section 122 (federal territories).
  • Will there be a role for other international criminal tribunals after the establishment of an ICC’ (1998) 0 International Law Forum/Forum du droit international 18.
  • ‘The Jurisdiction and Merits Phases Distinguished’, in Laurence Boisson de Chazournes and Philippe Sands (eds.), International Law, The World Court and Nuclear Weapons (Cambridge University Press, 1999) (with G. Griffith).
  • Otto Triffterer (ed.), Commentary on the Rome Statute of the International Criminal Court (Nomos Verlag, Baden Baden, 1999): contributed section on “Part 8: Appeal and Revision” (Articles 81-85 of the ICC Statute), pp. 1015-1043.
  • ‘The Prosecutors of the International Tribunals: The Cases of the Nuremberg and Tokyo Tribunals, the ICTY and ICTR, and the ICC Compared’, in Louise Arbour, Albin Eser, Kai Ambos and Andrew Sanders (eds.), The Prosecutor of an International Criminal Court (Beiträge aus dem Max-Planck-Institut für ausländisches und internationals Strafrecht, Freiburg, Band S 81, 2000), pp. 121-154 (with M. Bergsmo and C. Cissé).
  • ‘The Definition of “waste” in the Waste framework Directive”, European Current Law, March 2005, xi.
  • ‘Defence of Superior Orders Revisited’ (2005) 79 Australian Law Journal 431.
  • Otto Triffterer (ed.), Commentary on the Rome Statute of the International Criminal Court (second edition, CH Beck, Munich, 2008): contributed updates of “Part 8: Appeal and Revision” (Articles 81-85 of the ICC Statute), and of Articles 38-40 and 52.
  • ‘Jurisdiction’, in Malcolm D Evans (ed.), International Law (3rd edn, Oxford University Press, 2010) (with Vaughan Lowe) (4th edi, Oxford University Press 2014). (5th edn, Oxford University Press 2018) (6th edn, Oxford University Press 2024).
  • Interpretive Methodologies and the Use of Precedent in Cases Before International Criminal Courts’ in Principles of Evidence in International Justice (Oxford University Press, 2010).
  • Proelss, United Nations Convention on the Law of the Sea: A Commentary (CH Beck, Hart, Nomos 2017) (contributor/co-contributor Annex VI, Articles 21-34).
  • ‘Integrity and the Inevitable Political Exposure of International Criminal Justice’, in Morten Bergsmo and Viviane E. Dittrich (eds.), Integrity in International Justice (Torkel Opsahl Academic EPublisher, 2020).

Additional Information

  • English (native speaker)
  • German (fluent)
  • French (fluent)
  • Dutch (passive knowledge)

Contact Us

Areas Of Expertise

“Christopher is very professional. His high-level expertise in public international law is invaluable.” Legal 500, 2021

Christopher has experience of working as an international lawyer in government and in international organisations. In private practice, his clients have included governments, international organisations, corporations and non-governmental organisations. He advises on all areas of international law, including the application of international law in domestic law and Brexit, international criminal law, law of international organisations, international privileges and immunities, law of the sea, and treaty interpretation and application. His experience includes investment treaty arbitration matters.

Cases of Note

  • South Africa v Israel (ICJ) – Application of the Convention on the Prevention and Punishment of the Crime of Genocide.
  • Argentum Exploration Ltd v The Silver [2022] EWCA Civ 1318
  • The Gambia v Myanmar (ICJ) – Application of the Convention on the Prevention and Punishment of the Crime of Genocide.
  • Portugal v Australia (ICJ) – Case concerning East Timor
  • Legality of the Use by a State of Nuclear Weapons in Armed Conflict (ICJ) Judgment
  • Legality of the Threat or Use of Nuclear Weapons (ICJ) Judgment
  • “Juno Trader” Case (Saint Vincent and the Grenadines v Guinea-Bissau) (ITLOS) – Prompt release of detained vessels and crew
  • R (Akarcay) v West Yorkshire Police & Ors (England and Wales Divisional Court) – Recognition of states and governments, challenge to the lawfulness of co-operation given by British police to the authorities of the “Turkish Republic of Northern Cyprus” (led by Hugo Keith KC).
  • British Arab Commercial Bank PLC v National Transitional Council of Libya (England and Wales Commercial Court) – Recognition of states and governments, control of the accounts of the Libyan embassy in London (led by David Perry KC).

“I cannot speak highly enough of the quality of his research and reasoning, and the impressive speed at which he works. The texts that he produces, under huge time pressure, are clear, persuasive and elegantly written.” Legal 500, 2021

Christopher advises on a range of EU law issues, including in relation to the UK-EU Withdrawal Agreement and Brexit, and other issues concerning the interrelationship of EU law and public international law, including in the context of EU association agreements with third states. He has been counsel in an intra-EU investment treaty arbitration case in the electricity sector raising issues of EU law and international law. Christopher has advised and been involved in cases before domestic courts and tribunals, especially in the areas of immigration and tax, dealing with EU law issues.

Christopher advises and appears in cases before domestic courts and tribunals in cases involving human rights issues under the Human Rights Act 1998 and the European Convention on Human Rights (ECHR), as well as issues arising under other international treaties such as the Human Trafficking Convention and Rights of the Child Convention. He has dealt with human rights issues in cases before international courts and tribunals, including the European Court of Human Rights, international criminal courts and tribunals, and the International Court of Justice.

Cases of Note

  • AXB (Jamaica) v Secretary of State for the Home Department [2019] UKUT 397 (IAC) – Claimed obligations of a contracting state under Article 3 ECHR when removing from its jurisdiction a seriously ill person lacking medical treatment in the country of return.
  • R (NS) v Secretary of State for the Home Department [2019] EWHC 861 (Admin) – Human trafficking.
  • SL (St Lucia) v The Secretary of State for the Home Department [2018] EWCA Civ 1894 – Removal from the UK of a person suffering a medical condition, Articles 3 and 8 ECHR.
  • Secretary of State for the Home Department v Minh [2016] EWCA Civ 565 – Effect in domestic law of “unincorporated” human rights treaties, Human Trafficking Convention, Article 4 ECHR (prohibition of slavery and forced labour).
  • Hassan v United Kingdom (European Court of Human Rights, Grand Chamber) – Interrelationship between the international law of armed conflict and the ECHR, whether a person in Iraq is within the “jurisdiction” of the UK for purposes of Article 1 ECHR (led by James Eadie QC).

“He is an outstanding counsel both in opinion and appearances work.” Legal 500, 2021

Christopher advises and appears in cases involving all aspects of immigration and asylum law, including business immigration, and cases involving issues of human rights, public international law and European law.

Cases of Note

  • Yaseen v Secretary of State for the Home Department [2020] EWCA Civ 157
  • CS R (Yogaraja) v Secretary of State for the Home Department [2019] EWHC 230 (Admin) – Secretary of State’s discretion to refuse to consent to bail granted by the First-tier Tribunal. Judgment
  • R (Ijaz) v Secretary of State for the Home Department [2018] EWCA Civ 2425 – Discretion to overlook non-compliance with mandatory requirements of the Immigration Rules.
  • Ali v Secretary of State for the Home Department [2018] EWCA Civ 2220 – Tier 4 student visa.
  • Kaur v Secretary of State for the Home Department [2018] EWCA Civ 411 – Appendix FM to the Immigration Rules, claimed discrimination on grounds of British citizenship of parent.
  • Caroopen & Myrie v Secretary of State for the Home Department [2016] EWCA Civ 1307 – Effect of “supplementary” decision issued during the course of judicial review of the original decision.
  • Singh v The Secretary of State for the Home Department [2016] EWCA Civ 492 – Appeal on grounds of alleged bias or misconduct of the first-instance judge.

Christopher has advised and/or been involved in cases concerning direct and indirect tax, customs, excise and other taxes.

Recommendations

“Christopher is extremely shrewd and intelligent. He is wise and commands respect.”

Chambers and Partners, 2026
“Extremely hard-working and will not rest until all avenues have been addressed to present the best possible case on behalf of his client. Has deep and academic understanding of the wider legal issues at play in the case and harnesses them to powerful effect.”
Legal 500, 2026

“He is so measured and balanced in his approach to the case. The clarity with which he offered complex concepts was astounding. He really has that quality.”

Chambers and Partners, 2026

“Christopher consistently impresses me with his exceptional legal expertise and dedication. We greatly appreciate his professionalism and commitment to achieving the best possible outcomes.”

Chambers and Partners, 2026

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