ABA International Fall 2007 Meeting Recap
Hofstra University Law School Journal of International Business and Law
Felicia Kemp, Managing Editor of Staff Nicolas Montorio, Senior Editor for Solicitation and Articles
Purpose of Attendance
Increase the visibility of Hofstra
Law School and the Journal of International Business and Law Network with other international business and law organizations and professionals Open the opportunity to collect articles for journal publication from international scholars Provide journal members with a greater scope of current topics in international business and law Provide guidance in facilitating better educational aims for students on the journal
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Program Topics (1 of 4)
Islamic Finance: New Products, New Challenges Conducting Internal Investigations in Multinational Corporations Corporate Responsibility and the Fragile State Trade Facilitation: Cutting Red Tape at International Borders Balloon Debate on the Best Dispute Resolution Methods Multinational Enterprise Liability in Insolvency Proceedings Data Protection and Internal Investigations Wetlands in War: International Environmental Law and Damages to Aquatic Resources during Conflict Cross-Border M&A and Protectionism in Europe Shoot-Out at the High Court – Comparative Cross Examination The International Movement of Art & Cultural Property International Family Law for the Globetrotting Executive Following the Money: International Asset Tracing Celebrity and Social Responsibility Cross-Border Travel Traps: Protecting Client Confidences at the Frontier
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Program Topics (2 of 4)
China’s WTO Compliance: the US, Canadian, and EU Views
Electronic Discovery Issues in Investigations and Litigation Challenges to the Rule of Law in Africa and Elsewhere International Chemical Regulation: There’s More Just Beyond our
REACH (“Registration, Evaluation, and Authorization of Chemicals”) Extraterritorial Application of US Export Controls and Trade Sanctions Building and Managing a High Performance Multi-Jurisdictional Legal Team Pubic Speaking and Oral Presentations to Americans Appointing the Arbitral Dream Team Cross-Cultural Client Development Employment Discrimination in Europe – Lessons from the US Experience Terror, the Courts and the Black Hole of Justice Debt Financing in Private Equity Acquisitions Cross-Border Regulation of Hedge Funds
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Program Topics (3 of 4)
Internationalization of Sports, Entertainment and Media Law Laws without Borders: Potential Pitfalls for Financial Services Providers Evidence Obtained by Torture/Extraordinary Renditions Pathways to Employment in International Law White Collar Crime and Beyond – Enforcement Trends in the United
States and the United Kingdom Dealing Carbon in a Climate of Uncertainty Money-Laundering Regulation: Keeping Gates, and Keeping Clients Buying Trouble: Avoiding Purchasing and Outsourcing Traps in Customs, Trade, and Export Laws Transparency and Trade Agreements Jurisdiction over International Crimes: The Legacy of the House of Lords’ Pinochet Judgments Global Rainmaking Training Starting Out as an Arbitrator Managing the Antitrust Risk in International M&A Transactions
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Program Topics (4 of 4)
Lessons Learned From a Lifetime of Resolving International Disputes:
A Conversation With Several Prominent Arbitrators Dean’s Roundtable They Came, They Saw, They Bought: Outbound Investments by Russian, Indian, and Chinese Companies EU Antitrust Litigation – Mouse or Mountain? New Voices in International Law: Perspectives on Extraordinary Renditions Bar Admission in Multiple Jurisdictions: Advantages for Clients and Insights for Practitioners Building an International Practice The Trouble With Subsidies: The Case of Commercial Aerospace Arbitrator Conflicts International Labor Unions and Global Corporate Campaigns Fighting Terrorism within the Rule of Law Lifestyle and Life Issues for the Modern Associate Coping with Cultural Differences in International Arbitration Alternative Securities Markets – A Serious Challenge? Regulating the Reimbursement of Medicines: Rights of Patients and other Stakeholders
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Comments on a few Programs Attended
Employment Discrimination in Europe – Lessons from US Experience
Speakers:
– – – – Thomas Griebe, Taylor Wessing LLP, Hamburg, Germany Alvaro Oliveira, Legal Officer, EU Commission, Brussels, Belgium Alfred Blumrosen, Rutgers School of Law, Newark, New Jersey Christian Bayart, Allen & Overy LLP, London, England
Discussion: The panel examined the legal obstacles to this huge challenge to the EU – how and whether to measure the integration of ethnic and racial minorities into the fabric of EU society to better enforce compliance and measure progress. By Directive, the EU has required each member state to create the equivalent of the Equal Employment Opportunity Commission (EEOC), but far from all are currently in compliance. While by the end of 2006, all 27 states had legislation against discrimination, but the EC is currently preparing to go to court versus 14 of the states for failure to comply.
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Corporate Responsibility and the Fragile State
Speakers: – Professor Gillian Triggs, Director, British Institute of International and Comparative Law, London, England – Rae Lindsay, Clifford Chance LLP, London, England – Salil Tripathi, International Alert, London England – Ramon Mullerat, KPMG International, Madrid, Spain
Discussion: This session considered the responsibilities of
companies in post-conflict states by examining the international legal obligations that should be met when negotiating investment agreements and resource concessions, incl. social, environmental and labor standards. The Mineral Development Agreement between the Government of Liberia and Mittal Steel Holdings provided a case study that was discussed.
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Terror, the Courts, and the Black Hole of Justice
Speakers:
– Keir Starmer QC, Doughty Street Chambers, London, England Tom Lloyd, former Chief Constable of Cambridge, Cambridge, England Richard Norton Taylor, Security Affairs Editor of The Guardian, Manchester, UK Professor Jay Pottenger, Nathan Baker Professor of Clinical Law, Yale University, New Haven, CT Lord Slynn of Hadley, former Lord of Appeal in Ordinary and Judge of the European Court, London, England
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Discussion: The panel presented a
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hypothetical with tow Muslims being detained by the British Police after a wave of synchronized terrorist bombing campaigns in London and Washington for which Al Quaida claimed responsibility. The panel discussed whether our governments can fight effective war against terror without encroaching on our hard won liberties.
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Jurisdiction over International Crimes: The Legacy of the House of Lords’ Pinochet Judgments
Speakers: – The Rt. Hon. Lord David Hope of Craighead, Lord of Appeal in Ordinary: in House of Lords Judicial Committee which gave the final judgment in the Pinochet extradition proceedings, London, England and Edinburgh, Scotland – Clive Nicholls QC, Mast of the Bench of Gray’s Inn: represented Pinochet in House of Lords extradition proceedings, London, England – Phillipe Sands, Professor of Law, University College London and Barrister, Matrix Chambers, London, England
Discussion: In March 1999, the House of Lords ruled that Senator
Pinochet was not entitled to claim immunity from the jurisdiction of the English courts in relation to allegations of torture. Judges and lawyers directly involved in the proceedings explored the legal and policy implications of the historic judgment, and its consequences for other cases, incl. those before the International Court of Justice and in domestic proceedings around the world. 11
China’s WTO Compliance: the US, Canadian, and EU Views
Speakers:
– James Zimmerman, Squire Sanders & Dempsey LLP, and Chair, American Chamber of Commerce in the People’s Republic of China, Beijing, China John Magnus, Tradewins, LLC, Washington DC Susan Ning, King & Wood, Beijing, China Cyndee Todgham Cherniak, Of Counsel, Lang Michener LLP, Toronto and Ottawa, Canada Georg Berrisch, Covington & Burlington LLP, Brussels, Belgium
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Discussion: The US, Canada, and the EU have common
interest in ensuring that China implements and abides by its WTO liberalization commitments. The panel discussed how the US, Canada, and EU do not always agree on the degree of China’s implementation nor on what measures should be taken to ensure China’s prompt and thorough implementation of its WTO commitments.
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White Collar Crime and Beyond – Enforcement Trends in the US and the UK
Speakers:
– Margaret Cole, Director of Enforcement, Financial Services Authority, London, England – Helen Mahy, Chairman GC100 and General Counsel, National Grid Transco, London, England – Robert H. Hotz, Jr., Akin Gump Strauss Hauer & Feld LLP, New York, New York
Discussion: The panel discussed the very different
approaches taken by the US and the UK to white collar crime and the enforcement of business regulations and likely trends in enforcement.
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Meeting Highlights
Lunches & Networking Opportunities
Reception at the Grosvenor House
Hotel Luncheon with Sir Howard Davies, Director of the London School of Economic and Political Science, formerly Chairman of the Financial Services Authority and Deputy Governor of the Bank of England Luncheon with Judge Rosalyn Higgins, President of the International Court of Justice. Reception at The Law Society 15 minute breaks between each session
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Post-Meeting Action
Journals and follow-up letters to
contacts for possible publication ABA International Section - Spring Meeting: April 1-5, 2008 in New York, New York. Proposal packet for next year’s ABA International Section - Fall Meeting: Sept. 23-27, 2008 in Brussels, Belgium.
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A few other meeting photos
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Special thanks to the following:
Miriam Albert, Hofstra University Law School,
Vice-Dean Lisa McClusky, Hofstra University Law School, Director of Student Affairs Leanne Pfautz, ABA International Section, Director Russell W. Dombrow, ABA International Section,Vice-Chair, Law Student, LLM, & New Lawyer Outreach Committee Managing Board, Hofstra Journal of International Business and Law
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Questions & Comments