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Program AgendaTuesday, October 271:00 p.m. – 6:00 p.m. 7:30 p.m. – 9:00 p.m. Wednesday, October 287:00 a.m. – 6:00 p.m. 7:15 a.m. - 8:30 a.m. 10:30 a.m. - 10:45 a.m. 10:45 a.m. - 12:15 p.m. Recently, several states have taken dramatic legislative action to regulate the nature and scope of nongovernmental organization (NGO) activities. In some cases, these regulations have sought to restrict issues NGOs may address, or constrain their access to third-party funding. Governments have justified these measures as necessary in the face of alleged NGO corruption and interference in the political process. However, other observers view these laws as thinly veiled attempts to limit NGO influence across a wide range of matters ranging from human rights to greater government transparency. A panel of experts will examine the content and impact of legislative initiatives in Africa, China, and Latin America and the Caribbean, as well as efforts within the NGO community to define and implement internal accountability norms for the industry. Building on these presentations, a brief workshop session with audience members will help identify potential responses to some of the challenges raised. Sponsoring Committees: Program Chairs: Moderator: Speakers: 12:30 p.m. - 1:45 p.m. Thomas A. Shannon, Jr. is currently the Assistant Secretary of State for Western Hemisphere Affairs. He has been a career member of the Senior Foreign Service, serving as Special Assistant to the President and Senior Director for Western Hemisphere Affairs at the National Security Council from 2003 to 2005. From 2002 to 2003, he was Deputy Assistant Secretary of Western Hemisphere Affairs at the Department of State, where he was Director of Andean Affairs from 2001 to 2002. He was also U.S. Deputy Permanent Representative to the Organization of American States (OAS) from 2000 to 2001. He has served as Director for Inter-American Affairs at the National Security Council from 1999 to 2000; as Political Counselor at the U.S. Embassy in Caracas, Venezuela from 1996 to 1999; and as Regional Labor Attaché at the U.S. Consulate General in Johannesburg, South Africa from 1992 to 1996. During his career as a Foreign Service Officer, Mr. Shannon also served as Special Assistant to the Ambassador at the U.S. Embassy in Brasilia, Brazil from 1989 to 1992; as Country Officer for Cameroon, Gabon, and Sao Tome and Principe from 1987 to 1989; and as the Consular/Political Rotational Officer at the U.S. Embassy in Guatemala City, Guatemala from 1984 to 1986.On June 1, 2009, Assistant Secretary Shannon was nominated to be the next U.S. Ambassador to Brazil and awaits Senate confirmation. The topic of his luncheon address will be an Overview of U.S. Foreign Policy in the Western Hemisphere. 2:00 p.m. - 3:30 p.m. Trafficking in persons ("TIP") is a worldwide criminal offense that impedes upon the fundamental human rights of an alarming number of individuals. The International Labor Organization ("ILO") indicates that there are 12.3 million people in forced labor, bonded labor, forced child labor, and sexual servitude at any given time. Other estimates indicate that anywhere from four to 27 million have fallen prey to such acts. TIP often works in concert with other crimes like money laundering and forces individuals into severely debilitating situations. Ambassador Luis CdeBaca, who directs the Office to Monitor and Combat Trafficking in Persons at the United States Department of State, will lead the discussion by explaining the US government's current efforts to prosecute traffickers while properly assisting victims. Panelists will then expand on international standards that emphasize the importance of TIP victim assistance and protection as well as discuss process related challenges that prevent countries from fulfilling such international obligations. While governments legally bind themselves to instruments like The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, practice has shown that national implementation of victim protection measures can be less than adequate. Panelists will suggest ways in which such challenges can be overcome. Sponsoring Committees: Other Sponsors: Program Chairs: Moderator: Speakers: 3:30 p.m. - 4:00 p.m. 4:00 p.m. - 5:30 p.m. There is increased momentum in the international community for mediation of cross border child custody and visitation disputes. Recent initiatives in Europe and South America have demonstrated that mediation can be an effective means of dispute resolution in these legally complex and logistically challenging cases. In this session, a panel of distinguished practitioners and academics will discuss legal, practical, ethical, and cultural issues that impact international child custody disputes. The panel will share observations and insights in the struggle to protect "the child's best interest" in the context of nationalism and The Hague Convention on Civil Aspects of International Child Abduction. Sponsoring Committees: Program Chairs: Moderator: Speakers: 7:00 p.m. - 8:30 p.m. 8:30 p.m. - 10:00 p.m. Enjoy this first full evening of networking opportunities by dining with your fellow Committee members after the first full-day of programming. This social setting will provide a great opportunity to meet your colleagues in the Section, learn about and shape committee plans for the year, and become more active in the Section. Thursday, October 297:00 a.m. - 6:00 p.m. 7:15 a.m. - 8:30 a.m. 10:00 a.m. - 10:30 a.m. 10:30 a.m. - 12:00 p.m With the recent seizures of vessels off the coast of Somalia, the age-old practice of piracy has captured international attention - and the once arcane law of piracy has moved again to the forefront of debate in international law. While piracy poses obvious problems for national (and global) security, it also imposes additional risks and costs upon those engaged in international commerce. This program will address the evolution of public international law relating to piracy - and will examine specifically the rules governing a nation's right to interdiction on the high seas, in territorial waters, and on land. The program will also address the impact of piracy upon the private sector, examining such commercial-law issues as the rights of buyers and sellers of seized cargo, charterparty claims, and the obligations of marine insurers. Sponsoring Committees Program Chairs: Moderator: Speakers: 10:30 a.m. - 12:00 p.m. This panel will consider the prosecution of criminal misconduct alleged in connection with the operation of a business. Working from the perspective of their various roles, the panelists will consider the matter from the determination of whether to file charges, through trial and appeals, all with comparative commentary by a U.S. criminal defense expert. Panelists will focus on the new federal constitutional mandate for adoption of adversarial criminal procedures and the present achievements of select Mexican states that have led the implementation of these reforms. This program provides essential information to those who would advise companies and their executives on conducting business in Mexico, as well as grounding to lawyers concerned with the criminal justice system and its support for protection of human rights. Sponsoring Committees: Other Sponsors: Program Chairs: Moderator: Speakers: 12:15 p.m. - 1:45 p.m. 2:00 p.m. - 3:30 p.m. The Obama Administration has promised a government of transparency, one that will follow the letter of the law and fully inform the public. In the immigration and border security arena, this represents a major shift in policy from the George W. Bush Administration. What does a transparent policy mean to the historic challenge of balancing the free flow of goods and people with national security? What is the impact on the United States' relationship with its neighbors in Canada and Mexico? Can the behemoth Department of Homeland Security meet the transparency challenge? As government agencies increasingly share information, what will guarantee the accuracy of the data? How will individual and corporate privacy be safeguarded? What is at risk if a balance is not maintained? This panel will address this American dilemma in light of what is undeniably a global economy, a global workforce, and a global security challenge. Sponsoring Committees: Program Chair: Moderator: Speakers:
3:30 p.m. - 4:00 p.m. 4:00 p.m. - 5:30 p.m. The last two decades of international efforts to promote governance and the rule of law have helped us realize that corruption is one of the major obstacles to economic and social development. There is a common consensus and understanding that corruption undermines the institutional integrity of the different branches of government. Its harmful effects are directly felt by the poor and traditionally disadvantaged groups (women, youth, indigenous populations, people of color) as they become the recipients of public services, policies and programs that lack transparency, integrity and, in many cases, are procured through bribery and fraud without proper oversight and accountability. The program will bring together academics, practitioners, multilateral organizations and representatives of civil society organizations with extensive worldwide experience in the process of combating corruption and promoting the rule of law, particularly in the context of developing countries. The discussion will challenge panelists on two levels. First, it will focus on the institutional strategies developed (how and why) to respond to the challenges brought by corruption across regions and areas: investment financing, rule of law and legal reform efforts, civil society strengthening and monitoring and watchdog efforts, multi-stakeholders dialogues, work on the local and international levels and strategy creation. Second, it will ask them to go beyond the status quo of rule of law and corruption efforts and put the discourse into context by inviting them to answer the following: Are we making any impact? Could we identify some lessons learned on how to improve development effectiveness and achieve strategic impact? How can we best assure that the poor and traditionally disadvantaged groups will not be the hardest hit by this phenomenon? Sponsoring Committees: Program Chairs: Moderator: Speakers: 7:00 p.m. - 9:00 p.m. Friday, October 307:00 a.m. - 6:00 p.m. 7:15 a.m. – 8:30 a.m. 7:15 a.m. – 7:45 a.m. 7:45 a.m. – 8:30 a.m. 8:30 a.m. - 10:00 a.m. The Section of International Law 2009 Fall Meeting convenes on the eve of the First Review Conference of the Assembly of State Parties to the International Criminal Court. This session will include a discussion of issues to be addressed at the Review Conference (including possible new jurisdiction over the crime of aggression), what's at stake for the United States, how the U.S. should approach the conference and the Court generally. Three distinguished experts with extensive experience in U.S. government and international criminal tribunals- currently chairs of Task Forces on the Court separately convened by the American Society of International Law and the Section of International Law- will share their perspectives on the future of the Court and U.S. policy toward it. Sponsoring Committee: Other Sponsors: Program Chair & Moderator: Speakers: 8:30 a.m. - 10:00 a.m. The Obama Administration has signaled that a new framework for trade is required. This program will present perspectives on which issues will formulate that framework and shape United States trade policy for the next several years. It will present a chance to discuss topics that influence U.S. trade relationships with the countries of the world, such as: To what extent will trade be a component of U.S. foreign policy - and with whom? In which areas will we see changes in trade policy from the previous administration? What must the international lawyer understand about the future of U.S. trade policy? A comprehension of the objectives of U.S. trade policy and the means implemented to reach them is critical to the international practitioner. Those attending this program will be that much better prepared for the new trade rules. Sponsoring Committee: Other Sponsors: Program Chair & Moderator: Speakers: 10:00 a.m. - 10:30 a.m 10:30 a.m. - 12:00 p.m Through unprecedented international cooperation, government enforcers and regulators are reaching beyond their own borders to investigate possible violations of their civil and criminal codes related to international business operations and transactions. The long arm of the law has not only extended its reach, it has strengthened its grip and become increasingly well coordinated. This has resulted in the recent trend toward more prosecutions of individuals and record-setting penalties for companies and individuals. Because of recent high-profile cases, anti-bribery compliance, in particular, has become a major concern for international companies. This program will spotlight the unprecedented collaboration between U.S. and non-U.S. enforcement agencies, and examine the issues companies and their counsel need to understand when involved in a cross-border investigation, including: collecting data; navigating data privacy laws; understanding varying privilege laws; coordinating investigations and settlements with different enforcement agencies; and handling extradition issues. Sponsoring Committees: Program Chairs: Moderator: Speakers: 12:15 p.m. - 1:45 p.m. 2:00 p.m. - 3:30 p.m In 2001, Argentina, in the midst of a financial crisis, defaulted on its sovereign debt, triggering a wave of lawsuits by holders that did not participate in a restructuring offered by Argentina. Recently, Ecuador defaulted on its sovereign debt, claiming that the country's foreign debt had been illegally incurred by previous governments (the "odious debt" defense). Unlike in the case of Argentina, however, most holders tendered their debt to Ecuador. Drawing upon experiences in sovereign debt litigation, this program will discuss emerging issues in such litigation, including sovereign defenses; issues with respect to the enforcement of judgments in sovereign debt litigation; and different approaches taken in the cases of Argentina and Ecuador. Program Chair & Moderator: Speakers: 2:00 p.m. - 3:30 p.m. With the DR-CAFTA free trade agreement in effect for all Central American countries and the Dominican Republic as of January 2009, the parties are now under an obligation to negotiate an appellate body or similar mechanism for investor-State arbitration. If/when such a mechanism comes into place, it would be the first of its kind for investment arbitration. Is there a need for such a mechanism? What should the appellate mechanism look like? Can such a mechanism be created where other similar efforts have failed? What are the political issues that will affect what the mechanism looks like? The panel of current and former negotiators and investment arbitration litigators will answer these questions and examine a series of negotiating objectives laid out in DR-CAFTA in a lively format in which they make recommendations to a policy maker. Sponsoring Committees: Program Chair: Moderator: Speakers: 3:30 p.m. - 4:00 p.m. 6:30 p.m. - 9:30 p.m. 10:30 p.m. Saturday, October 317:30 a.m. - 9:30 a.m. 8:00 a.m. - 9:00 a.m. 9:00 a.m. – 1:00 p.m. 1:15 p.m. – 5:30 p.m. |
