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Click on a day to view: Meeting Agenda - Public International Law/Rule of LawWednesday, April 158:45 a.m. – 10:15 a.m.
Public International Law/Rule of Law
International Human Rights Committee Rule of Law promotion, a field that originally started in Latin America in the mid-1980s and expanded to other regions of the world, quickly became part of aid efforts to foster democracy building, economic development, regime change, national security, reconstruction and stabilization and the re-invention of troubled societies. It did so through an array of multilateral and international agencies, lawyers, private foundations, legal and development consulting firms, human rights and civil society activists, governments and aid providers. Two decades later, what have we learned? How is rule of law assistance evolving? What is being done differently today than ten years ago and why? What needs revisiting? Join us for a thought provoking conversation with this field’s leading and world-class specialists who will examine the above questions with a critical perspective and discuss how to move forward a discussion that brings in many competing interests, challenges and hopes. Program Chairs: Moderator: Speakers: Public International Law/Rule of Law U.N. and International Institutions Coordinating Committee Will the Obama Administration reinvigorate the human rights agenda? Promoting respect for human rights has been a long-standing goal of American foreign policy. Objectives include: holding nations accountable for their human rights violations; upholding human rights such as freedom from torture, freedom of expression, and protection of minorities; changing cultures of impunity; enhancing the U.N.’s capabilities; and coordinating human rights activities with allies. U.S. actions in recent years, from the ‘War on Terror’ to the retreat from global treaties and institutions, have cast doubt on the country’s commitment to its ideals. This timely program will assess the direction of U.S. human rights law, policy and diplomacy. A distinguished slate of experts, poised as participants in a White House staff briefing, will provide advice on the urgent steps that President Obama must take to restore U.S. leadership in human rights, both at home and abroad. Program Chairs: Moderator: Speakers: Public International Law/Rule of Law U.N. and International Institutions Coordinating Committee Will the Obama Administration reinvigorate the human rights agenda? Promoting respect for human rights has been a long-standing goal of American foreign policy. Objectives include: holding nations accountable for their human rights violations; upholding human rights such as freedom from torture, freedom of expression, and protection of minorities; changing cultures of impunity; enhancing the U.N.’s capabilities; and coordinating human rights activities with allies. U.S. actions in recent years, from the ‘War on Terror’ to the retreat from global treaties and institutions, have cast doubt on the country’s commitment to its ideals. This timely program will assess the direction of U.S. human rights law, policy and diplomacy. A distinguished slate of experts, poised as participants in a White House staff briefing, will provide advice on the urgent steps that President Obama must take to restore U.S. leadership in human rights, both at home and abroad. Program Chairs: Moderator: Speakers: 2:00 p.m. – 3:30 p.m.
Public International Law/Rule of Law
National Security Committee During a millenium which ushered in a new age of conflict, a resurgent Russia has claimed independence on behalf of two regions in the Republic of Georgia following a brief but violent conventional conflict. While legal definitions and rules of engagement against terrorism struggle to keep up with the rapid evolution of the battlefield, traditional conflicts for land and resources continue to flare up around the globe, along with their legal implications. What are the legal justifications for the use of force? This panel will discuss how international law both permits and proscribes the application of military might. Representatives from both Russia and the Republic of Georgia, joined by experts in the field, will investigate the legal questions which arise after diplomacy fails, and discuss the ever expanding avenues of dispute resolution and international law, through the prism of the Geogian Conflict of August 2008. Program Chairs: Moderator: Speakers: 4:00 p.m. – 5:30 p.m.
Corporate Counsel/Transactional, Public International Law/Rule of Law, Regulatory/Regional
U.N. and International Institutions Coordinating Committee As the headquarters for the International Finance Corporation (IFC), the International Monetary Fund (IMF) and the Inter-American Development Bank (IDB), Washington provides the ideal location for a presentation on these highly influential international institutions. Speakers will provide full descriptions and focused detailed examples of typical transactions structured by these institutions during times of financial crisis. They will explain how international finance is used by these institutions for public benefit through both public and private sectors and describe how they accomplish this and where. Particular attention will be paid to the way these multilateral institutions respond to financial crises. Program Chair: Moderator: Speakers: 4:00 p.m. – 5:30 p.m.
Public International Law/Rule of Law, Regulatory/Regional
Middle East Committee At the time of this program, the U .S. will have spent at least $100 billion on contractors in Iraq , approximately twenty percent of the funds appropriated for the Iraq war and reconstruction efforts, in an effort to “outsource” goods and services provided to the U.S. military and other government agencies. Charges have been made that much of this money has been wasted due to overbilling, fraud, shoddy and unsafe work and neglected oversight. Some of the money simply cannot be accounted for. This program will bring together the chief person responsible for oversight, the Special Inspector General for Iraq, and other top administration officials to discuss these charges and offer possible solutions to problems that will affect future war and reconstruction efforts in Iraq, Afghanistan and other conflicts. Program Chair: Moderator: Speakers:
Public International Law/Rule of Law
As its foreign policy agenda begins to take shape, the Obama Administration faces a number of challenging legal issues. Among them: the disposition of the current detainees at Guantanamo; the way forward on climate change negotiations; the international response to piracy off the coast of Somalia; and, various issues relating to the situation in Sudan. The State Department’s Acting Legal Adviser, Joan Donoghue, Deputy Legal Adviser Sue Biniaz, and Assistant Legal Adviser Linda Jacobson will discuss these and other international legal issues currently before the Department. Speakers: Thursday, April 16
8:45 a.m. – 10:15 a.m.
SHOWCASE PROGRAM
8:45 a.m. – 10:15 a.m.Public International Law/Rule of Law Africa Committee In June 2008, the American Bar Association issued a rule of law letter to the Government of Zimbabwe, urging President Robert Mugabe to reign in his security forces and restore the Rule of Law. The ABA was spurred to action by reports of threats, abductions, arrests and assaults on lawyers and members of the judiciary. One senior Zimbabwean lawyer described the situation: “We have approached the courts for urgent relief. We can only wait. This persecution of lawyers is reaching levels where we will not be surprised if lawyers start getting killed or made to disappear.” In the past year the situation in Zimbabwe has become desperate, for lawyers and all citizens. Join moderator Bill Neukom and senior Zimbabwean lawyers who have operated for years under constant threat to discuss lawyering under tyranny and the way forward. Program Chair: Moderator: Speakers: Saving the Planet - From Kyoto to Copenhagen and Beyond: Part 1
Environmental Law/Climate Change, Public International Law/Rule of Law
Canada Committee Climate change is at the forefront on all political, social, commercial and business agendas and stategies. It will affect everyone’s lives, no matter where we live. It affects weather, food, housing, health, use of natural resources and energy, and promises to change everything we have been used to. Where our world will be heading is of utmost importance for future generations. However, not all governments perceive the problems or issues in the same way. Ambassadors and government representatives will address the issue from their perspectives in an attempt to find common ground on basic issues. Program Chairs: Moderator: Speakers: Public International Law/Rule of Law, Regulatory/Regional Russia/Eurasia Committee In February 2008, Kosovo declared its independence from Serbia and was recognized by the majority of the EU members, the U.S. and other countries despite Russia’s and Serbia’s objections. In August 2008, as the result of the Russia-Georgia war, South Ossetia and Abkhazia declared their independence from Georgia but were recognized only by Russia and Nicaragua. Many countries and international organizations reaffirmed their recognition of Georgia's territorial integrity. Are the outcomes of these declarations of independence based on principles of international law or realpolitik considerations? Can we discern some usable international law standards from these? What are the implications of Kosovo's and South Ossetia's independence for Crimea, Transdnistria, Tibet, and other breakaway territories around the world? A panel of international experts will discuss these issues and whether the rules and principles of international law can help reduce the possibility of military and civil conflicts in similar circumstances in the future. Program Chair: Moderator: Speakers: 2:00 p.m. – 3:30 p.m.
Public International Law/Rule of Law
Asia/Pacific Committee The International Covenant on Economic, Social and Cultural Rights (“ICESCR”) is becoming increasingly important in a globalized world. As corporations seek to do business in countries where labor comes at a bargain price, leaders in developing countries strive to create business-friendly environments to attract investors. All too often, though, the rights of impoverished workers become marginalized in corporate transactions. Nowhere is this more apparent than in South Asia where these are daily challenges. So who is responsible for upholding the rights of the poor? The ICESCR enforcement body indicates that the responsibility belongs to governments that ratify the Covenant. However, the deeper question is whether developing nations, legally bound by the ICESCR, have viable mechanisms for the impoverished to assert their rights in tandem with rapid corporate expansion. Is there a role for corporate actors in addressing inadequacies? Answers to such questions are key to fostering vibrant economies and upholding the rule of law in the developing world.Program Chairs: Moderator: Speakers:
Environmental Law/Climate Change, Public International Law/Rule of Law
Europe Committee Environment is the word. The road from the Kyoto Protocol to Bali to Poznan leads to the Copenhagen Agreement and beyond 2012. Travel metaphors abound regarding the Bali roadmap. Our world is melting at both ends. The speakers’ backdrop is the failure of the U.S. to sign the Kyoto Protocol, the failure of the EU to meet their ambitious plans to fight climate change, the fast paced changes in the developing countries since Kyoto, the renewed interest of the U.S. in climate change, and let us not forget THE CRISIS and the enormous investments needed to fight climate change. The panel will put all the issues in perspective and provide a glimpse of how the Copenhagen agreement may turn out and how it may affect our clients and their activities. They will also answer questions such as how will businesses need to adjust, how long will they have to adjust and what happens if they don’t. Program Chairs: Moderator:
Speakers: Friday, April 178:45 a.m. – 10:15 a.m.
Refugee-Hosting Countries Public International Law/Rule of Law Africa Committee Few U.S. lawyers are familiar with the asylum proceedings conducted by the United Nations High Commissioner for Refugees and by national governments in refugee receiving countries in the global south. This program will help participants develop an understanding of the application of the 1951 Refugee Convention in six countries on four continents (Egypt, Thailand, Senegal, Ecuador, and South Africa), with a special focus on LGBT asylum cases. Presenters will discuss how a hypothetical LGBT asylum case would be adjudicated in each jurisdiction, illustrating asylum issues including access to due process, access to legal assistance, and protection from deportation. Legal advocates with on-the-ground experience will report from the field to give attendees a unique global awareness of the plight of asylum seekers and refugees – the vast majority of whom seek asylum in countries outside the U.S. There will also be a brief comparative analysis to U.S. sexual orientation asylum claims and a discussion of resettlement for LGBT refugees. Program Chairs: Moderator: Speakers:
SHOWCASE PROGRAM
Public International Law/Rule of Law U.N. and International Institutions Coordinating Committee Pursuant to Goal IV, the Section of International Law is committed to advancing the Rule of Law. The Rule of Law is important to the establishment of a just society in which individual human dignity is honored and the right of the people to pursue prosperity is guaranteed. Since April 2003, the international community, lead by the U.S., has devoted considerable resources to the establishment of the Rule of Law in Iraq. Indeed, Rule of Law efforts in Iraq may represent the most significant devotion of resources to the establishment of the Rule of Law in history. The Government of Iraq has also made great efforts in this area. The time has come to ask the questions, what has been wrought? Where is Iraq now with respect to the Rule of Law? Where is it headed? And what impediments to progress remain? Are Rule of Law conditions present or emerging that foster respect for human rights, economic development and investment in Iraq? Come and listen to this impressive panel anwer these and other related questions. Program Chair: Moderator: Speakers:
SHOWCASE PROGRAM
International Trade/Customs, Public International Law/Rule of Law International Trade Committee The proliferation of dispute settlement mechanisms in bilateral, regional and multilateral trade and investment treaties results in tribunals applying different substantive rules to and providing different remedies for the same disputes. Hear NAFTA, MERCOSUR, BIT and WTO experts analyze the problem and discuss specific case studies (e.g. Softwood Lumber, Brazil –Retreaded Tires, and the U.S. "zeroing" disputes). A roundtable discussion will utilize hypothetical cases to probe the procedural and substantive problems posed by overlapping jurisdictions and divergent remedies with varying degrees of enforceability as well as possible solutions to the problem, e.g., negotiated settlements, or the use of such concepts as estoppel, res judicata, and forum non conveniens in international and investment disputes. Program Chairs: Moderator: Speakers:
SHOWCASE PROGRAM
Public International Law/Rule of Law International Investment and Development Committee This program will discuss the practical issues involved in expanding the Rule of Law programs and initiatives around the world, including the role of law firms, corporations, bar associations, various professional disciplines and civil society. The program will focus on the activities and plans of the World Justice Project (WJP) and identify opportunities for collaboration between the WJP and other Rule of Law efforts, including the ABA’s Rule of Law Initiative (ROLI) and International Legal Resource Center (ILRC). Program Chairs: Moderators: Speakers: 4:00 p.m. – 5:30 p.m.
Corporate Counsel/Transactional, Public International Law/Rule of Law
International Commercial Transactions, Franchising, and Distribution Committee The Cape Town Treaty on aircraft, rail and space financing has been ratified by twenty-five countries with legal systems ranging from common law to civil code to Islamic compliant. However, the Cape Town Treaty is more than planes, trains and space toys. It is a new way of doing cross-border business, but it may not work for everyone. Is the understanding of the treaty's benefits the same in Mexico as in India? In the U.S. as in Pakistan? Why did Mexico adopt declarations so fundamentally different from its largest trading partner? Did India do everything necessary or advisable to give comfort to financiers? And for the world's fastest growing economic superpower, why is ratification unlikely in the near term? An international panel of experts and skeptics will debate the answers to these questions and why one size may not fit all. Program Chair: Moderator: Speakers: Economic Sanctions Enforcement Cases: Are there Effective Defense Strategies in Export Control and Economic Sanctions Cases? International Trade/Customs International Trade Committee Confronted with the complexity of U.S. export control laws, the labyrinth of overlapping government agency authority, and the current aggressive enforcement environment, a representational strategy that includes challenging the system may seem ill-considered. However, recent publicized defense victories and confidential non-penalty dispositions demonstrate that there are strategies that do not necessarily mandate voluntary self-disclosure and negotiated pleas. This panel of current and former enforcement attorneys and experienced defense counsel will discuss what constitutes an effective defense of export control violations: from limiting administrative remedies, avoiding criminal referral, to defending the case in court. Program Chair: Moderator: Speakers: |
