ILSP Global Network
International
Legal Studies
Program
American University Washington College of Law
Spring 2004, Volume 14, No. 2
ILSP: Partnerships with Law
Schools Around the World
he International Legal Studies Program was
established in 1980 in response to the growing
demand for lawyers trained in international law.
Since then, the importance of international law
has only continued to grow, along with the value
of academic exchange and partnerships with legal institutions abroad. As one of the top international law LLM
programs in the United States, the Washington College of
Law has established strong ties with various law schools
around the world.
For example, WCL now offers dual LLM degrees and
student exchange programs with the City University of
Hong Kong and Yonsei University College of Law in
South Korea. Joint LLM degree programs have been
established between WCL and the University of Pretoria
(South Africa), the University of the Western Cape (South
Africa), The University of Makerere (Uganda) and
Erasmus University (the Netherlands). WCL also has affiliations with other law schools that allow law students to
enroll in the ILSP on a degree or non-degree basis. Those
law schools include the Bucerius Law School (Germany),
Central European University (Hungary), ESADE (Spain),
National University of Mongolia (Mongolia), Monash
University (Australia), Paris X Nanterre (France),
University of Dundee (Scotland), University of Ghent
(Belgium), University of Helsinki (Finland), and Utrecht
University (the Netherlands).
Additionally, as one of three U.S. law schools to par-
T
ILSP: Partnerships with Law Schools Continued on page 11
Letter from the Director
he past academic year has been a busy and productive
one for the International Legal Studies Program. I am
pleased to announce that our efforts to strengthen the
program by expanding the curriculum and opportunities
for students are being recognized and the LLM program
has moved up to 6th place in the U.S. News & World Report ranking of best international programs for 2004. There have also been
three exciting developments in the program.
First, ILSP has
established a new LLM
area of specialization
called “NAFTA, Free
Trade Agreements and
Regional Integration”.
Beginning this fall, this
specialization—the first
of its kind to be offered
in U.S. law schools—
focuses on developing
legal tools to participate
Letter from the Director Continued on page 6
T
INSIDE:
Interviews with Alumni
16
AU WCL New Specialization
20
Alumni News
24
Table of Contents
ILSP: Partnerships with Law Schools Around the World
cover
Letter from the Director
cover
Letter from the Dean
1
Indonesia: Foreign Investment Climate By Yulian Hadromi, LLM ’96
1
Legal Problems of the Fight against Racism in Austria
4
By María Fernanda Pérez Solla, LLM ’00, Argentina
ILSP Speaker Series: Alexa Lam on China’s Market Reforms
5
By Elodie Vandenhende, LLM ’04, France
Leading Case on the Default of Bonds in the Republic of Argentina
7
By Alberto Tujman, LLM ’90, Argentina
The Sixth Annual Grotius Lecture for the International Legal Studies Program
8
By Marcus Hein, LLM ’04, Germany
The Yonsei University - AU/WCL Dual Degree Program: An Interview with Jeongoh Kim
10
Events of Spring Semester 2004
12
Humphrey Fellowship and International Visitors Program News
13
By Amy Reid, International Programs Coordinator
The WILP Gender and the Law Roundtable
By April Fehling, WILP Coordinator
14
New Project: Rule of Law in the Middle East and Islamic World
15
The Profitable and the Powerless: International Accountability of Multinational Corporations
By Antonella Vazquez, LLM ’04, Mexico
15
Alumni Spotlight: Gina Luz Méndez, Diputada Nacional of Bolivia
16
Republic of Georgia Minister of Justice: George Papuashvili, LLM ’2000
17
Alumni Spotlight: Melitón Arrocha, LLM ’94 of Panama
18
Alumni Spotlight: Peter M. Cicchino Award Winner: Felipe Gonzalez
19
ILSP News
20
ILSP Staff News
22
Alumni News
24
Faculty News
29
The LLM Global Network is a publication of the International Legal
Studies Program in conjunction with the Washington College of Law at
American University. No portion of this newsletter may be reprinted
without the express written permission of the LLM Global Network.
All correspondence, reprinting requests, and articles proposed for
publication may be sent to: LLM Global Network, International Legal
Studies Program, Washington College of Law American University,
4801 Massachusetts Ave., NW Washington DC 20016-8189.
Tel: 202-274-4113. Fax: 202-274-4116. Email: eschin@wcl.american.edu.
Web site: www.wcl.american.edu
Note on articles: The views expressed in this publication are those of the
writers and do not necessarily reflect those of the editor, ILSP or the
Washington College of Law.
Copyright 2003
International Legal Studies Program
Director
Professor Daniel D. Bradlow
Assistant Director
Assistant to the Director
Internship and Alumni Coordinator
Admissions Coordinator
Senior Administrative Assistant
Assistant Director for International Career Programs
Heather Eaton
Amir Tejani
Emily S. Chin
Irene A. Moyer
Mysoon Taha
Sandra P. Buteau
ILSP Global Network
Managing Editor
Emily S. Chin
American University is an equal opportunity, affirmative action university.
Letter from the Dean
reetings from American University Washington
College of Law! As always, it is my pleasure to tell
you about the exciting events at WCL through the
ILSP Global Network Newsletter. Since the last issue,
I had the wonderful opportunity to meet with many
of you both here and abroad. I always look forward to reconnecting with many of you and learning about your endeavors
and experiences outside of WCL.
This semester has been an exciting one in the life of
WCL. Our annual Founders’ Celebration attracted more
than 4,000 attendees to conferences on topics including
International Commercial Arbitration, NAFTA Investment
Law, the Sixth Annual Grotius Lecture, and Biotechnology
and Beyond: Challenging Ethical Issues for the 21st Century.
Many more conferences have been held recently on engaging issues including immigration law, legal topics facing
religious organizations, critical race theory and our centerpiece event, the Hemisphere Summit of National
Congresses on Freedom of Press in the Americas, co-sponsored with the Library of Congress. Please read about all
these successful events and more on our newly-enhanced website, www.wcl.american.edu. I am certain you will find
an event that interests you.
You will be interested to know that we recently launched the new Business Law Brief, a student-run journal,
which will enhance our understanding of the complexities of the business environment both in the United States
and abroad. I encourage you to send us your own written works for possible publication. This is a great way of
remaining involved with WCL.
This Fall, we will launch two new JD dual degree programs with the University of Paris X-Nanterre and with
the Universidad Alfonso X El Sabio in Madrid, Spain, allowing students to complete JD their degrees from both
universities in four years and practice law in each jurisdiction. We continue to develop and enhance relationships
with universities abroad in order create more international opportunities for our students.
WCL is filled with energy and you are always welcome to visit us here at the law school and to participate in
the life of our institution. I look forward to seeing you at a future WCL alumni event.
G
Warmest regards,
Claudio Grossman
INDONESIA: FOREIGN INVESTMENT CLIMATE
By Yulian Hadromi, LLM ’96
S
ince the middle of 1997, Indonesia has faced its most severe economic crisis in three decades. The economic downturn coincided with a prolonged political crisis, which culminated in severe
rioting in the capital and other cities, along with the resignation of
President Soeharto, Indonesia’s leader for more than 30 years.
Moreover, the Bali bombing, SARS epidemic and Iraqi crisis have also
had a significant impact on the tourism, foreign investment and overall economic activity of Indonesia.
In driving economic growth, the Indonesian Government realizes that investment is one of the most important factors and therefore follows a policy of actively encouraging foreign investment. The
government, therefore, has passed several new Laws and regulations
to ease the entry of foreign firms and capital into Indonesia. This article will briefly review a few of the key laws beginning with the Foreign
Capital Investment Law of 1967, which continues to provides the
basic framework for foreign investment.
A. FOREIGN INVESTMENT LAW
At the early stage of entering the Indonesia market, many
foreign investors choose to set up a Representative Office and
after the business starts to grow, apply for a Foreign Direct
Investment Company (FDI) status. This is referred to most commonly in Indonesia by its Indonesian acronym PMA, or
Penanaman Modal Asing.
1
FOREIGN INVESTMENT CLIMATE Continued from Cover
The fundamental law primarily
governing the foreign investment is Law
No 1 of the 1967 Foreign Capital
Investment Law, as amended by Law No.
11/1970, which is generally referred to as
the Foreign Investment Law.
Based on the recent liberalization of
the investment sector, all business sectors
are open for foreign direct investment,
with the following exceptions: businesses
which are absolutely closed to foreign
investment (Negative list), the small scale business sector, and those
fields of activity referred to as “strategic activities” which are significant for State such as public harbors, transmission and distribution of
electricity, public drinking water etc.
A foreign owned PMA Company, be established if the line of
business is not listed in the negative list and not reserved for smallscale businesses.
The Foreign Investment Law also stipulates the validity of a foreign investment permit shall not exceed 30 years from the date of the
PMA Company commences commercial production. However, an
extension may be applied of in this situation.
“This article will briefly review a few of the key
laws beginning with the Foreign Capital
Investment Law of 1967, which continues to
provide the basic framework for
foreign investment.”
B. COMPANY LAW
A PMA Company shall take the form of a Limited Liability
Company (“PT”) which is subject to the Law No. 1 of 1995
(“Company Law”). Please note that the Indonesian Company Law
requires that a PMA Company must have at least 2 shareholders.
The Deed of Incorporation containing the Articles of
Association of a PMA Company is to be signed before an Indonesian
Notary and thereafter submitted to, and approved by, the Ministry of
Justice and Human Rights. Under the Company Law, a limited liability legal entity status is only obtained upon approval of the Deed
Incorporation by the Minister of Justice and Human Rights.
Under the Company Law, a limited liability company is a separate legal entity which has several distinguishing characteristics:
a. The asset and liability of a limited liability company is separated from the asset and liability owned by its shareholders;
b. Directors and Commissioners represent the company.
C. LABOR LAW
According to Indonesia’s new Labor Law No. 13 of 2003,
2
work providers or users of foreign workers are obliged to obtain
written permission from the Minister of Manpower and
Transmigration or another appointed official. This means that work
permits are provided to the work providers and not to the individual foreign workers concerned. Consequently foreign workers may
not work independently.
Foreign workers may fill nearly any of job position in Indonesia
except for a few certain positions, such as those in the human
resources field.
The relationship between workers and employers are based on
employment agreements whether written or unwritten. In order to
provide legal certainty to the labor relationship, it is best that the
employment agreement be in written form. Any form of employment
agreement shall not contravene with the applicable Indonesian labor
laws and regulations.
D. TAXATION
Indonesia has adopted a self-assessment method to calculate tax.
With regard to income tax, it is progressive and applied to both individuals and enterprises.
Dividends, interests, royalties, and technical & management
fees for services performed in Indonesia to Indonesian and nonIndonesian residents are subject to withholding tax. The withholding
tax rates may vary, depending on whether it is paid to a resident or
non-resident. Payments to non-Indonesian residents are 20%.
On the issue of double taxation on certain income such as profits,
dividends, interests, fees, and royalties, Indonesia has signed tax treaty
agreements with approximately 50 countries. Withholding tax rates
applied to residents of these countries signing tax treaty with Indonesia
may be reduced based on the provisions of the particular tax treaty.
Taxable Annual Income
Income Tax Rate
Up to Rp. 25 million
5%
Over Rp. 25 million to Rp. 50 million
10 %
Over Rp. 50 million to 100 million
15 %
Over Rp. 100 million to Rp. 200 million
25 %
Over Rp. 200 million
35 %
E. INTELLECTUAL PROPERTY RIGHTS
In recent years, Indonesia has made great progress on intellectual property protection. Indonesia is a member of the World
Intellectual Property Organization and is a party of certain sections of
the Paris Convention for the protection of Intellectual Property.
Pursuant to obligations under the Agreement on Trade-Related
Aspects of Intellectual Property Right (TRIPs), one of the Uruguay
Round Agreements, Indonesia has, in the past few years, amended its
Patent Law, Copyright Law and Trademark Law.
Indonesian Patent Law, in principle, permits products and production processes to be patentable, subject to certain requirements,
and provides protection for a period of 20 years for Patent and 10
years for Simple Patent.
Indonesian Trademark Law now provides greater protection for
well-known foreign and Indonesian trademarks and prohibits the use
of deceptively similar marks. The Trademark Law determines trademark right on a first file basis rather than on a first use basis. The
trademark is valid for 10 years from the date of trademark filed and
may be extended. Upon registration, a trademark must be used in
commerce within 3 years or else it may be deleted from the general
list of trademark.
In relation to Copyright issues, Indonesian laws and regulations
have recently been modified to move closer to international standards. The copyright is valid for:
a. As long as the author’s life until 50 years from the date of the
death of author: for books, pamphlets, papers, written works
of drama or musical drama, dance, choreography, any form of
art (eg. painting, sculpture, statue), batik art, music with or
without lyrics, architecture, seminar, lectures, speeches, etc. as
well as maps, translations, interpretations, excerpts, or other
writing and works of arts.
b. Fifty years from the date of the copyright notification: for
computer program, cinematography, photography, data base
and transfer form.
A
U
F. ARBITRATION LAW
The Law No. 30 of 1999 concerning Arbitration and
Alternative Dispute Resolution (ADR) contains provisions for both
ALUMNI LISTSERV
arbitration and ADR either separately or in combination. As a party
to the New York Convention, Indonesia ratified guidelines in 1981,
that subject arbitration settlements to two reservations:
a. Arbitration awards that can be executed in Indonesia must
relate to commercial disputes;
b. Recognition of awards must be on the basis of reciprocity, i.e.
rendered in a country, which together with Indonesia, is a
party to an international convention regarding implementation of foreign arbitral awards.
Besides dealing with domestic arbitration, this law also deals
with the recognition and enforcement of foreign arbitration awards.
A foreign arbitral award will only be recognized and enforced within
the legal jurisdiction if it satisfies the following requirements:
a. The award is rendered by an arbitral body or an individual
arbitration in a country which is a party to either a bilateral
or multilateral international convention on the recognition
and enforcement of foreign arbitral awards to which
Indonesia is a party.
b. The award is only limited to awards which are according to the
Indonesian laws that fall under the scope of commercial law.
c. The award may be enforced in Indonesia only to the extent
that such award is not against Indonesian public order.
Yulian Hadromi, LLM ’96, lives in Jakarta, Indonesia and is a partner at Hadromi & Partners Law Firm. He can be reached at
hadromi@centrin.net.id
The International Legal Studies
Alumni Listservs
For graduates of the International Legal Studies Program (ILSP),
alumni listservs provide a wonderful way to maintain and utilize the
contacts made through the program. Perhaps you are in Thailand
and have a legal question that can only be answered by an attorney
in Brazil. Simply email your request to the listserv at
llmalum-l@listserv.american.edu and your message will be sent to
the ILSP graduates subscribed to the listserv throughout the world.
Engaged in legal academia? ILSP has established a new listserv to
be a resource for sharing information on teaching law, legal research
and related topics. To join or post a message to the listserv, please
send your message to the following email address:
llmalumacademics-l@listserv.american.edu.
Be sure to include the year that you graduated from WCL and include
the e-mail address where responses should be directed.
3
Legal Problems of the Fight against Racism in Austria
By María Fernanda Pérez Solla, LLM 2000, Argentina
INTRODUCTION
acism is a structural problem in some societies, and that is
unfortunately the case in Austria. Working as legal counsel
for the NGO ZARA (Zirikourage and Anti-Rassismus
Arbeit), I deal with the application of a weak legal framework for
tackling the serious issue of equal rights and the fight against racism.
In this battle, only creativity and the resource of some international
standards are helpful, along with the hope for new “AntiDiscrimination” legislation in Austria.
R
THE PROBLEM
Austria is a country where racism is structural. First, the victims
were Jewish people. Now the victims are also asylum-applicants, particularly those from Africa, who are presented by the media as drugdealers and a social burden.1 In general, some politicians see the
increasing number of non-Austrians as a risk for Austrians. Persons
coming to Eastern Europe, despite their qualifications, for example,
are only likely to find jobs with low qualification requirements.
THE REMEDIES?
In the arena of international law, the rights of non-nationals are
a very discussed issue, as many countries assert that non-nationals do
have not the same rights as citizens.2 A clear message is conveyed from
the Austrian Federal Constitution (Bundes-Verfassungsgesetz), Art. 7.1:
together with the Law of Fundamental Rights of 1867
(Staatsgrundgesetz über die allgemeinen Rechte der Staatsbürger), Art. 2
still in force. They assert that only Austrian citizens (and since the EU
Accession, EU citizens) are equal before the law. Though the
European Convention on Human Rights, Art. 14 has constitutional
hierarchy, regarding the prohibition of discrimination according to
race and national origin, concerning the rights protected in this treaty,
the Austrian Constitutional Court has explicitly asserted that Art. 14
of that Convention does not modify the above-cited provisions.
Austria has officially been a State-Party to the International
Convention on Elimination of All Forms of Racial Discrimination
since 1972 and has accepted the individual communication mechanism in 2002. However, it has not implemented this treaty in legal
terms, except for one of its provisions: Art. 5, regarding access to
public places or services through a provision in administrative-criminal law. Weakly enforced, the consequence of the violation of this
provision is a fine of a maximum of 1090 EUR, and in case of
repeated or serious breach, the loss of the permit of the
company/business at stake. This last provision has never been
applied, and the first one, rarely known. An additional problem is
the administrative law system per se: if I denounce a bar for discrimination against concrete persons, the denouncer or the victims have
no right to know what action the administrative organ will take
upon the denouncement. Only the accused is party in the proceeding and only if the administrative organ desires to inform me (or the
victims), can I know if a fine was applied or not. Normally, only
4
cases where the bar or disco has appealed
the fine applied acquire some notoriety.
In criminal law, the provisions are
also scarce: to offend a person verbally is
a private action issue. Consequently,
many people do not dare to run this
cost-risk. However, discriminatory offenses before two or more witnesses can be pursued by the prosecutor, if the victim authorizes him
expressly to do so. However, in some cases, tribunals have decided
that certain “expressions” do not offend the honor or human dignity
of a person, though objectively they could do so. Fortunately a recent
case in Linz has proved that an appeal in such case was not a waste of
time and that some courts have sensitivity on racism matters.3
I should add that if a crime is committed because of racism, the
judge could include this matter as aggravating factor when evaluating
the penalty to apply. Moreover, the Prohibition Law of 1947 forbids
Nazi-related activities and expressions, with severe penalties.
In addition, the Law of the Police Security (Sicherheitspolizeigesetz) contains some provisions protecting persons from
racism by the police. However, these generally only amount to a
“complaint proceeding” that leads to the declaration of the violation
of the law and rights of the victim and nothing more while the law
implies an important cost-risk for the victim.
In this battle, only creativity and the resource of
some international standards are helpful, along
with the hope for new “Anti-Discrimination”
legislation in Austria.
In Austria, the civil law is particularly liberal, and private parties feel uncomfortable and reluctant to accept any restriction of
their rights with allegations of discrimination. In this framework, I
was in charge of a campaign to fight against discriminatory ads in
newspapers. In Austria, there are ads published with “only for
Austrians” content. Consequently, I wrote more than one hundred
complaint-letters asking for explanations. I received about forty
apologies but in the other cases where I received no response, I
denounced these private actors according to the same law applicable to bars and discos as the law is broad enough as to understand
that public offers (apartments, jobs) should not be discriminatory
concerning national origin. Some companies received fines, but the
restriction of access to information in administrative cases have
impeded me from knowing exactly what has happened to all these
proceedings.
Currently, to implement the Directives of the European Union
4, the Austrian Parliament is discussing an “Equal Treatment Law”
(Gleichbehandlungsgesetz) that may be in force when you read this article. The law amends an existing law protecting only women, and
broadens its scope, as to include some other groups that are potential
victims of discrimination. Though the bill expressly excludes the application to discrimination based on nationality, many experts insist in
the possibility of applying broader concrete provisions. The remedies
provided by the bill are concrete new criminal provisions and would
allow victims to claim damages. However, difficulty in satisfying evidentiary questions will undoubtedly arise, for instance, in proving
cases of discrimination in job applications.
As it stands now, the law only concerns what we can call access
and discrimination in the labor market and access to public places
and services. That is all. Any other fields, as for instance, discrimination by public organs in their everyday work, are not covered and as
yet, there is no remedy against that.
CONCLUSIONS
Comprehensive “Anti-Discrimination” legislation is necessary in
Austria, with quick and effective judicial remedies, available to the victims at no risk-cost. For today, however, this remains only on the level
of theoretical discussion and good wishes from people with good will.
Endnotes
1 A new asylum law will be in force in May 2004; it has received
serious critiques from the human rights community.
2 See in particular the discussion of the current status of the
issue under international human rights law in the reports of
Professor David Weissbrodt as Special Rapporteur for the SubCommission on the Promotion and Protection of Human
Rights (Final Report, E/CN.4/Sub.2/2003/23 and Add.1-4),
that concludes that the continued discriminatory treatment of
non-citizens in contravention of relevant international human
rights instruments demonstrates the need for clear, comprehensive standards governing the rights of non-citizens, their
implementation by States, and more effective international
monitoring of compliance.
3 The Bezirksgericht of Linz decided that the expression scheiß
Neger was not offending the human dignity…The Oberstengerichtshof of Linz fortunately modified the decision of first
instance (Decision 13Os154/03 (13Os155/03) (01/14/2004).
4 The Directive 2000/43 of 06/29/2000 is applicable to equal
treatment concerning race and ethnic origin; Directive 2000/78
of 11/27/2000 establishes a general framework for equal treatment in the labor market; and the Directive 2002/73 of
09/23/2002 develops the principle of equal treatment in access
to the labor market. The first two directives are directly applicable in Austria, as the deadline to implement them is over
since July 2003 for the first case and since December 2003 for
the second case.
María Fernanda Pérez Solla, LLM 2000, lives in Wein, Austria and
can be reached at mfperezsolla@gmx.net
ILSP Speaker Series: Alexa Lam on China’s Market Reforms
By Elodie Vandenhende, LLM ’04, France
O
n February 10, 2004, Alexa Lam, a member of the
Hong Kong Securities and Futures Commission
(SFC) spoke at the Washington College of Law about
Market
Reforms. Ms. Lam is the Executive Director of
China’s
the SFC Intermediaries and Investment Products Division,
responsible for the licensing and supervision of all intermediaries and for the regulation of collective investments in Hong
Kong. Before joining the SFC, Ms. Lam taught at the
University of Hong Kong and was in private practice in New
York and Hong Kong, specializing in corporate commercial
work and China investments.
At the ILSP Speaker Series Event, Ms. Lam outlined three
major challenges facing China’s market reform. The first issue,
she explained, was China’s need to develop a strong capital market. Pointing out the market distinction between Hong Kong
and mainland China, Ms. Lam referred to their differing historical roots. Hong Kong was a former British colony that has
taken full advantage of a market economy system whereas
China has been, and continues to be, a communist country.
Other factors have added to the difficulty of developing a market economy in China such as the problem of money convertibility and the different types of shares. Ms. Lam feels strongly
that China must develop institutional investors in order to
avoid manipulation and lack of stability or market volatility.
As the country heads towards a more capitalistic economy,
the government has come under increasing pressure from the
people about their long term welfare. Hence, another challenge
that China is tackling is the establishment of a working system
of pension funds. Ms. Lam discussed China’s new system of
Pension Funds, established in July of 1997, and based on three
pillars: social pooling (a pay-as-you-go defined system), the
individual account (to which the employer and worker contribute) and a supplementary pillar.
Lastly, Ms. Lam pointed out that although “an efficient
bankruptcy system is a must in a market economy,” the Chinese
bankruptcy system lacks transparency and clarity. There are no
uniform laws governing bankruptcy matters, which is very problematic. In addition, employee entitlement is given priority over
mortgaged land and secured-loan creditors. Not only is there “a
need for local, structural and intelligent institutional investors, but
also transparency in the reports and in financial statements.”
What is the role of lawyers in China? In response to this
question, Ms. Lam explained that China has been borrowing
laws from other countries to help establish guidelines as they
transition to a market economy. Thus, lawyers are valuable intermediaries, crucial to facilitate the creation of a whole new set of
Chinese laws which would work well in the context of the
Chinese culture. Instead of borrowing legislation from other
societies, she asserted, China needs to create its own body of laws
that would work and are identifiable to Chinese civil society.
5
2004 U.S. News & World Report Rankings
Each year, U.S. News ranks graduate programs in the
areas of business, education, medicine and law. Listed is the
most current ranking for programs in International Law.
These rankings are based on expert opinion about program
quality and statistical indicators that measure the quality of
a school’s faculty, research and students.
The International Legal Studies Program of the
American University Washington College of Law has consistently been among the top ten international law programs in
the United States. With its expanding curriculum and
opportunities for students, the ILSP is pleased to announce
that it has moved up to 6th place in the U.S. News & World
Report ranking of best international programs for 2004.
1. NEW YORK UNIVERSITY
2. COLUMBIA UNIVERSITY
3. GEORGETOWN UNIVERSITY
4. HARVARD UNIVERSITY
5. YALE UNIVERSITY
6. AMERICAN UNIVERSITY
7. UNIVERSITY OF VIRGINIA
8. GEORGE WASHINGTON UNIVERSITY
9. UNIVERSITY OF MICHIGAN—ANN ARBOR
10. UNIVERSITY OF CALIFORNIA—BERKELEY
“Letter from the Director” Continued from Cover
in the wave of bilateral and regional integration agreements around the world. The coursework will familiarize students
with the process, structure and rationale for trade negotiations as well as address technical issues, using the North
American Free Trade Agreement and other regional trade agreements as case studies. The course work will be supplemented by seminars, workshops, and internships to broaden students’ experiences.
We look forward to continuing to explore and introduce further opportunities for students and alumni interested
in international trade law.
Second, the ILSP has helped initiate a couple of projects that facilitate student and faculty collaboration. The first
of these is the recently launched Program on International and Comparative Environmental Law (PICEL), directed by
Adjunct Professor David Hunter. Designed to bring participants together to concentrate on critical problems facing our
global environment and consider how international environmental law can be applied to promote sustainable development, PICEL will provide wonderful opportunities for students and alumni in the field of international environmental
law, especially through research projects and other events. Second, Professor Padideh Ala’i has also developed a project
entitled the “Rule of Law in the Middle East and Islamic World” in which she, along with a number of students with
expertise in the region, are already tackling a legal benchmarking assignment focusing on six Middle Eastern and North
African countries. It will be exciting to see how this extremely relevant and timely project will continue to grow as well
as produce more ways for students to engage in research that will benefit the international community. For more information about these developments, please find the related articles in this newsletter.
Third, ILSP continues to develop dual and joint LLM programs with law schools around the world. In an age in
which the value of mutual understanding through education cannot be underestimated, WCL brings together lawyers
from every continent of the world to pursue their interests and enhance the richness of the school’s programs. Starting
with this issue, the ILSP Global Network newsletter will begin highlighting the partnerships that WCL has with other
law schools. We look forward to creating more mutually beneficial ties with legal institutions abroad.
Lastly, I would like to bring to your attention a new ILSP alumni listserv that we have created for those of you are
engaged or interested in legal academia and legal education. The purpose of this listserv is to be a resource for sharing
information on teaching law, legal research and related topics. It can be used to seek information, contacts, and to share
ideas about teaching and legal research. To join or post a message to the listserv, please send your message to the following email address: llmalumacademics-l@listserv.american.edu. I wish you all a wonderful summer.
Sincerely,
Danny Bradlow
6
Leading Case on the Default of Bonds in the Republic of
Argentina
By Alberto Tujman, LLM ’90, Argentina
I
n 2001, by means of Decree 1,387, the government of the
Republic of Argentina proposed the conversion of bonds issued
to holders by such country into new loans, the payment of which
would be secured by a specific allocation of national funds that could
not be revoked by the government of Argentina under the terms of
the prevailing loan agreements (the “Secured Loans”).
The purpose of such conversion or swap bonds, known as
“Megaswap”, was to achieve a substantial reduction of interest on the
exchanged bonds, as well as the extension of the amortization periods.
Pursuant to the legal provisions applied to the swap, the proposal made by the government of Argentina implied more security to
the creditors, since financial resources were specifically allocated to
the payment of the amounts due, as well as amortization and interest
on the Secured Loans (with funds deriving from the Bank Debit and
Credit Taxes).
Notwithstanding such representations and warranties, the
abrupt change of government by late 2001, only three months after
the Megaswap process was completed, resulted in substantial changes
in the effective legal provisions.
In early 2002, the Emergency Law No. 25,561 was passed,
affecting the existing exchange rate of the Argentine legal currency
(peso) and the U.S. dollar which, until then, had been 1 peso = 1 U.S.
dollar and was legally binding given the government’s requirement to
have U.S. dollar reserves equal to the amount of pesos circulating in
the market (Law of Financial Convertibility).
The modification of the above exchange rate was derived from
a significant devaluation of the Argentine currency that triggered the
price of one dollar to rise to 4 pesos though now the exchange rate is
currently stabilized at 2.90 pesos per U.S. dollar.
As a consequence of such modifications on the local currency /
U.S. dollar exchange rate established by Law 25,561, Decrees
214/2002, 320/2002 and 471/2002 were also issued. According to
these Decrees, almost all payment obligations originally agreed upon
in other currencies (such as U.S. dollars) had to be converted into
pesos on a mandatory basis and an inflation index called “CER” was
to be further applied on some of those payment obligations.
With respect to the Secured Loans, Decree 471/2002 established the conversion of U.S. dollars to pesos at 1.40 pesos per dollar,
plus the adjustment by the inflation index (CER), of all obligations
in U.S. dollars or other currencies assumed by the Argentine
National, Provincial and Municipal Public Sectors which were outstanding as of February 3, 2002 and governed exclusively by
Argentine law. In addition, a substantial reduction of interest on the
Secured Loans was established by the Decree as of February 3, 2002.
Amidst this circumstance, Homaq S.A., a client of Tujman &
Asociados – Abogados holding Secured Loans, filed a petition for the
enforcement of constitutional rights against the government of
Argentina for the clear violation of the right of ownership derived
from the above provisions. Homaq S.A. held a Secured Loan delivered upon the conversion of U.S. dollar-denominated bonds for a
nominal value of U.S. $6,793,479 (six-million, seven-hundred ninety-three thousand, four-hundred and seventy-nine U.S. dollars).
In the presentation made at the Federal Trial Court in
Administrative Litigation Matters No. 7 of the City of Buenos Aires,
Homaq S.A. claimed that the provisions of Decree 471/2002 were
void, illegal and unconstitutional since
they implied the mandatory and unilateral modification of the currency of payment agreed for the Secured Loans and
the interest originally established.
In this regard, Homaq S.A. alleged
that the conduct of the Argentine Government clearly affected its
right of ownership protected by the Constitution of the Republic of
Argentina. Even in an emergency situation such as that declared by
law, this right could not be affected by modifying the substance of the
obligation originally assumed under the Secured Loans.
Therefore, by means of Decree 471/2002, the concept of
Secured Loans was distorted since the currency originally agreed was
modified and the amount of the Secured Loans was converted, on a
mandatory basis, to pesos at a discretionary exchange rate (especially
when, at such time, the rate of exchange was at 2.10 pesos per dollar)
far from the original value of the exchanged bonds and reducing the
payable interest to a ridiculous amount.
Homaq S.A. further claimed that the new provisions clearly violated the constitutional principle of equal protection of the law, since
they would only apply to Secured Loans exclusively governed by the
Argentine law and not to those totally or partially subject to foreign
law. In addition, it was noted that the conduct of the Argentine government was unreasonable and, therefore, contrary to the powers
granted by the Constitution to the State to impose temporary restrictions on the citizens’ rights.
On November 19, 2002, a judgment was pronounced by the
Federal Trial Court in Administrative Litigation Matters No. 7 of the
City of Buenos Aires, sustaining the enforcement of the constitutional rights of Homaq S.A., since the legal provisions of Decree
471/2002 (and its regulatory provisions) were not simply restrictions
based on emergency reasons but in clear violation of the rights of
Homaq S.A. by fundamentally and unreasonably modifying them.
The government of Argentina appealed the decision of the lower
court. Upon request of Homaq S.A., however, on July 17, 2003, the
Federal Court of Appeals in Administrative Litigation Matters decided to confirm the decision of the lower court sustaining the enforcement of the constitutional rights filed by Homaq S.A.
In September 2003, the National State filed an Extraordinary
Appeal against such decision for the same to be reviewed by the
National Supreme Court of Justice. This Extraordinary Appeal was
dismissed by the intervening Court of Appeals, thus turning the judgment pronounced in the above case into a “leading case” for Secured
Loans, since it is the first as well as conclusive judgment in Argentina
that requires the government of the Republic of Argentina to observe
the conditions originally offered to the holders of the bonds
exchanged for Secured Loans.
As of today, the enforcement of the judicial decision is pending
due to the filing of a new appeal by the government of Argentina with
the intervening Court of Appeals to seek the revocation of the decision whereby the Extraordinary Appeal filed was dismissed.
Alberto Tujman resides in Buenos Aires, Argentina and is a managing
partner of Tujman & Asociados-Abogados (http://www.tujman.com).
He can be reached at atujman@tujman.com.
7
The Sixth Annual Grotius Lecture for the International Legal Studies Program
By Marcus Hein, LLM ’04, Germany
T
he Sixth Annual Grotius lecture entitled, “Markets,
Democracy and Ethnic Conflict”, was held at the
L’Enfant Plaza Hotel on March 31, 2004. The event,
which featured keynote speaker Professor Amy Chua of Yale
University and distinguished discussant Professor Upendra Baxi of
Warwick University, marked the opening event of the American
Society of International Law (ASIL) 98th Annual Meeting.
Professor Chua has practiced international law with Clearly,
Gottlieb, Steen & Hamilton, and taught at such universities as
Duke, Columbia, New York and Stanford. She now teaches in the
areas of contracts, law and development, international business
transactions and law at Yale Law School. Prof. Chua’s recent book
“World on Fire: How Exporting Free Market Democracy Breeds
Ethnic Hatred and Global Instability” (Doubleday, 2003), was
named on the bestseller lists of New York Times and Business Week
and was also recognized as one of the “Best Books of 2003” by the
Economist and the Guardian. As a topic for the Grotius lecture
presentation, Prof. Chua’s progressive, self-critical and challenging
thesis fostered an evening of fascinating discussion.
Prof. Chua structured her fast-paced and powerful half-hour
presentation into three main parts beginning with an explanation
of the fundamental thesis of her book. She showed, in essence,
how the development of democracy and market-economies of the
Keynote speaker Amy Chua, Professor of Law at Yale University and author of
bestseller.
modern worlds interacted and collided with the outbursts of ethnic violence and hostilities witnessed in recent history. Prof. Chua
drew the metaphor of three fires in the world of today: markets,
democracy and ethnic conflicts. She emphasized that there had
been positive political, social and economic developments events
during the last two decades, such as the fall of the Berlin Wall and
the drastic increase in world trade, which, in general would make
8
one think the world might have become a better place to live in.
She then contrasted those events with a remembrance of the two
genocides in former Yugoslawia and in Ruwanda as well as the
political instabilities in the Phillippines and Indonesia. Prof. Chua
noted to the audience that as a result, there are now cries for renationalization and a step-back in the market and democracy
movement in many regions of the world again.
Continuing her thesis, Prof. Chua showed that in a variety of
countries in Asia, Africa as well as in Latin and South America,
small ethnic minorities controlled large parts of the countries’
major economies. The existence of those “market dominant
minorities,” she explained, together with moves for more democ-
“. . . the United States, itself,
[has] become a ‘global
dominant market minority’.”
racy and freer markets in the past, has erupted into harsh ethnical
clashes between the suppressed poor majority and the controlling
rich minority in some of those countries. In other cases, freer markets had further strengthened the power of the economically controlling minority, causing by those means, violence and hostilities
amongst the poor majority of ingenious people in those countries.
Concluding the first part of her talk, Prof. Chua argued that
the implementation of free markets and democracy in developing
countries with market dominant minorities could be counterproductive and could lead to backlashes to free market structures and
democracy that could cause hostilities against dominant minorities, killings and genocide.
In the second part of her presentation, Prof. Chua turned
to the role of the United States in the interplay of democracy,
free markets, and ethnical conflicts. Using an analogy, she suggested that the United States, itself, had become a “global dominant market minority”. She exemplified this thesis with the
September 11 attacks and a number of recent international antiU.S. resolutions. Prof. Chua also challenged the position of the
U.S. in the international arena, criticizing inconsistencies in
U.S. policies that, for example, aimed at promoting democracy
and free markets throughout the world but that always poised
the U.S. to reap the most benefits in the process. The least thing
that the United States really wanted, Prof. Chua proposed, was
a “real” world democracy.
In the third and final part of her speech, Prof. Chua spoke a
bit about possible actions the world community could take in
light of her observations. She emphasized that her research has
not caused herself to stop promoting democracy and that she is,
in fact, in favor of market economies. Prof. Chua further mentioned that she favored a system where the poor majorities in
developing countries would have “their stake in democracy.”
Speaking about the “exporting of democracy,” she also asserted
that developing countries should be granted more leeway to figure out what form of democracy would best work in detail for
each individual country. Finally, she strongly emphasized that her
aim was neither to propose a universal theory applicable all over
the world, nor “blame” ethnic conflicts on the promotion of
democracy. Rather, Prof. Chua sees ethnical clashes as unintend-
makers.” Prof. Baxi characterized Grotius as a “millenarian thinker
who a envisaged progressive future for international law”.
Although he acknowledged Prof. Chua’s contribution in “another
era of globalization,” Prof. Baxi felt that she “paint[ed] her landscape in terms of apocalypse”.
Prof. Baxi outlined a total of six questions in connection with
Prof. Chua’s description of democracy as possibly triggering
adverse human rights effects, and even genocide.
First, Prof. Baxi emphasized that often times people would
struggle against corruption and for democracy outside of the
“realm of ‘benign’ North insistence on free market democracy”.
Second, he questioned how far changes for development policies
would arise out of Prof. Chua’s theories and asked whether the
world would be justified to restrict or halt democracy in the light
of ethnic hatred or mass slaughter. Third, Prof. Baxi touched upon
the role of women as victims in ethnic violence and genocides and
asked how far the world might have to feminize the category of
market dominant minorities.
Forth, Prof. Baxi expressed surprise over Prof. Chua’s lack of
focus on specific strategies for human rights education and fifth,
turning to the economic theories, asked whether Prof. Chua’s
examples of ethnical violence and human rights violations were
simply instances of “capitalism gone awry”. Finally, Prof. Baxi
turned to the issue of political corruption in the “Southern
regimes” which he accepted as being “indubitable,” but questioned
how far this phenomenon was indeed “globally fostered.”
In the end, Prof. Baxi acknowleged Prof. Chua’s contribution
to the scholarly discussion and expressed that his remarks would
not “diminish his warmth of appreciation” of the World on Fire’s
enduring contribution. He stressed that theoretical debates and
Students, faculty, practitioners and other guests listen to the Grotius Lecure in a
packed room.
ed results of democratization. She concluded by challenging the
world to realize the existence of deep underlying tensions in
developing countries and to stop promoting simple “buzzwords”
that hide difficult issues.
Prof. Chua’s key note speech was supplemented and, in
some parts, opposed by the remarks of Prof. Upendra Baxi. Prof.
Baxi, Professor of Law at Warwick University and former Vice
Chancellor of the University of Delhi and the University of
South Gujarat, is the author of numerous articles and reports in
the area of human rights, comparative constitutionalism, law in
globalization, science, technology and the human future. Due to
visa problems, he could not attend the lecture in person. His
sophisticated and eloquent remarks were read out loud to the
audience by Prof. Bradlow and commanded the utmost attention
of the audience as well as an additional remark of recognition by
the keynote speaker Prof. Chua.
In his opening remarks, Prof. Baxi referred to Hugo Grotius,
after whom the annual lecture is named. He recalled Grotius’
desire for a new order of international law and for the globalization of free markets which he addressed to “a universe of policy
Karen Evnst, LLM ’01, of Germany and Professor Danny Bradlow meet at the
Grotius event.
ongoing work of the United Nations and transnational human
rights networks would benefit a great deal from reading the World
on Fire. Prof. Baxi concluded: “May I then as a denizen of the
Global South salute her extraordinary achievement, and in turn,
invite many a critical revisitation of her salient thematics.”
9
The Yonsei University - AU/WCL Dual Degree Program:
An Interview with Jeongoh Kim
I
n March of this year, Dean Claudio Grossman, Associate
Dean Robert Dinerstein, and Professor Danny Bradlow visited Yonsei University School of Law, WCL’s sister school in
Seoul, Korea where they participated in a Colloquium for students
interested in international law. Below is a brief interview with
Professor Jeongoh Kim, Director of the Dual LLM Degree
Programs of Yonsei University School of Law.
Tell me about Yonsei University’s law school program.
Unlike the legal education system of the United States, students
start their legal studies as an undergraduate in Korea with a curriculum similar to that of U.S. law schools. When they finish undergraduate studies, they get an LLB degree. It takes two years for the students to get their Master’s degree and about four to six years after this
to earn a doctoral degree.
Yonsei University School of Law has two Master’s programs.
One is the traditional regular Master’s program and the other is the
Yonsei-AU/WCL dual LLM degree program. In the dual degree program, students study at Yonsei for one year and at WCL for another
year. Students of the dual degree program graduate with two Master’s
degrees from both universities. Yonsei has over 1,000 undergraduate
students, more than 300 graduate students, and about 10 dual LLM
program students. Although graduate students concentrate in the
field of their major, the undergraduate programs offers legal courses
in a wide variety of subjects, from jurisprudence to international law.
How was this partnership between Yonsei and WCL established?
The process started in the summer of 2000 when Mr. Changho
Lee, then a JD student at WCL, visited Yonsei and suggested a partnership between the two schools. When I visited WCL in August
2000 to meet Dean Grossman and Professor Bradlow, we discussed
the establishment of a dual degree program and exchange program for
our students and faculty. In light of Yonsei University’s efforts to globalize and establish partnerships with prestigious universities around
the world, this was an exciting possibility. Former Yonsei Dean Kiljun
Park and I visited AU in December 2001 and agreed upon a first draft
of the Memorandum of Understanding (MOU). Finally, Professor
Bradlow visited Yonsei in May 2002 and signed the final MOU for
the dual LLM program and the exchange of faculty and students.
That fall, we started to receive students for the dual LLM degree program. Currently six students have finished their coursework in Yonsei
and are studying at WCL.
10
What are the benefits of such a program to the Yonsei University?
Although Yonsei offers many law courses to our students, after
graduating and entering the workforce in this era of globalization,
students need more extensive knowledge about foreign legal systems,
especially that of the United States. Moreover, as Korea’s economy
depends heavily upon international trade and Korean corporations
need lawyers who can work with lawyers in foreign countries, the law
students of Korea need further international legal training. Through
the dual degree and exchange program with WCL, Yonsei provides
students with the chance to extend their knowledge about the United
States legal system and to understand the culture. This cannot be
obtained by just studying in Korea.
Signing of the MOU to officiate the joint degree and exchange program between
Yonsei University School of Law and WCL. From L to R: Professor Daniel Bradlow,
former Yonsei Dean Kiljun Park, Professor Jeongoh Kim
What are the benefits to Yonsei students who enroll in the Yonsei WCL dual degree and exchange program?
In short, there are two benefits. One is that the students who are
purely pursuing an academic career can study in the U.S. and gain
much from the expertise of the WCL faculty. The other is that students pursuing their future career in a law practice can earn the qualifications to take the New York Bar Exam. Those who pass the New
York Bar Exam are more attractive to employers in Korea. Korean
lawyers who are admitted to the bar in both Korea and New York are
able to handle a broader range of complex legal matters than those
who are only admitted in Korea.
Please tell me about the purpose of the most recent colloquium at
Yonsei with Professor Bradlow, Dean Grossman and Associate
Dean Dinerstein.
The colloquium at Yonsei in March 2004, was planned as early
as my visit to WCL in 2002 when we discussed the exchange of faculty members to strengthen the partnership between our two institutions. The colloquium was quite productive and successful. We had
two events. In one of them, Professor Danny Bradlow explained the
JD exchange program and dual LLM degree program to an audience
of about 200 undergraduate students. Following this, many more students showed a deep interest in the exchange program. Importantly,
many faculty members also realized that the exchange of ideas and
thought with foreign scholars in an informal colloquium is very precious. This semester we have already had three more colloquiums
with professors from the U.S., however, the AU-Yonsei colloquium
was different from the others in that our colloquium had a rather free
and friendly atmosphere.
Finally, what is your hope or vision for the dual degree program as it
continues?
Our dual LLM degree and exchange programs just started. First
of all, I hope that the present program will be established more firm-
ILSP: PARTNERSHIPS WITH LAW SCHOOLS
continued from cover
ticipate in a consortium called NAFTA Lex, the
Washington College of Law allows exchange students to
enroll in the International Legal Studies Program on a
non-degree basis from the a number universities in North
America. These include in Canada, the University of
Ottawa, University of Western Ontario and University of
Montreal and in Mexico, the Universidad de Guanajuato,
Universidad Autónoma de Baja California and the
Universidad Nacional Autonóma de Mexico.
This article, along with the interview of Mr. Jeong
Oh Kim of the Yonsei University School of Law, is the
beginning of a series in the ILSP Global Network that will
highlight the partnerships that WCL has with other law
schools across the globe. Most recently, Dean Claudio
Grossman, Associate Dean Robert Dinerstein, and ILSP
Director and Professor Danny Bradlow visited Yonsei
University, WCL’s sister school in Seoul, Korea where they
met with Dean Kiljun Park, Professor Jeongoh Kim and a
number of other professors. The dual degree masters program with Yonsei allows students to earn two LLM
degrees, one from each school. An exchange program is
offered to JD students at WCL interested in studying
abroad in Korea and students from Yonsei interested in
studying for a semester at WCL.
“Everybody benefits from the exchange program,”
remarked Dean Dinerstein referring to the WCL-Yonsei
partnership. “Korea is a significant country in terms of
culture, economy and location in Asia…the exchange program helps ensure that we have students from the Korea
in ILSP each semester, promoting mutual understanding
and education. Yonsei is also a prestigious university in
Korea. Our connection with Yonsei allows WCL to
strengthen its ties with Asia in general and become better
known in the region—this is positive for our students and
alumni as well.”
Interview for this article conducted by Anna Hsiu-Chiung Wu (LLM candidate).
Students listen to Professor Bradlow and Professor Kim during the March 2004
Colloquium at Yonsei University School of Law.
ly. Many do not know about the advantages of participating in such
programs. We need to get the word out about our programs to the law
students and lawyers in Korea.
Secondly, at present, Korean students have been going to AU,
but I think that for strengthening our program and partnership, AU
students should come to Yonsei as well. As a next step, I hope that we
can establish a special program in which WCL students can enroll
here and learn about the legal system of Korea. And my hope is that
faculty members of AU and Yonsei participate in many more colloquiums in the future. Through these, the faculty of both institutions
can expand their academic horizons. This will be of great benefit to
the students of AU and Yonsei in the long run.
In front of Yonsei University School of Law, from L to R: Prof. Jeongoh Kim,
Assoc. Dean Robert Dinerstein, WCL Dean Claudio Grossman,
Prof. Daniel Bradlow, Yonsei Dean Sangki Park, former Yonsei Dean Kiljun Park.
11
Events of Spring Semester 2004
T
he past semester was a busy and active one at WCL with a
myriad of events that were held on a wide variety of issues and
sponsored by ILSP or other programs of the law school.
Below are just some of the events that took place this spring.
APRIL 2004
4/29
Clinical Education and Human Rights: Global
Perspective
4/24
Seventh Annual Hispanic Law Conference and
Networking Reception
4/20
Panel Has This Nation of Immigrants Abandoned
Immigrants and Immigration?
4/15
Luncheon with Practitioners, ILSP
4/7
Genocide in Our Time: Ten Years After Rwanda: Early
Warnings, International Responsibility and the
Prevention of Genocide
Ms. Betty Southard Murphy JD '58 of Baker & Hostetler LLP and Dr. Horacio
Grigera Naón, former Secretary General of the International Court of Arbitration of
the International Chamber of Commerce speak at the First Annual Seminar on
International Commercial Arbitration at WCL.
MARCH 2004
3/29-4/1 The First Annual Seminar on International Commercial
Arbitration: Advanced Techniques for Handling an
International Arbitration Case
3/31
The Sixth Annual Grotius Lecture
3/15
The 2004 Human Rights Award Presentation by WCL’s
Academy on Human Rights and Humanitarian Law
3/2
Prof. Danny Bradlow, Exec. Director Alexa Lam of the Intermediaries and Investment
Products Division of Hong Kong Securities and Futures Commission, and Prof. Nancy
Polikoff.
Conference on Prior Informed Consent: Emergence as a
Principle in International Law and Challenges of
Implementation at International, National and Local
Levels
FEBRUARY 2004
2/12
2/10
Conference on The Profitable and the Powerless:
International Accountability of Multinational
Corporations
International Law Career Panel, Office of Career Services
ILSP Lunch Talk: Alexa Lam, Executive Director,
2/3
Intermediaries and Investment Products Division of the
Hong Kong Securities and Futures Commission
Confronting Challenges to the Pinochet Precedent and
2/27
From L to R: Hesham Nasr (SJD Candidate), Yakhdane Habib (Humphrey Fellow alumnus), and Heather Eaton, Asst. Director of ILSP, at a recent Luncheon with Practitioners.
the Globalization of Justice
JANUARY 2004
1/22
1/8
12
ILSP Director’s Luncheon
Visit to the Organization of American States, Humphrey
Fellow Program
Some ILSP alumni working at the World Bank and IADB
attended the "ILSP Luncheon with Practitioners" in April 2004.
Humphrey Fellowship and International Visitors Program News
By Amy Reid, International Programs Coordinator
S
pring semester for the Humphrey Fellowship and International
Visitors Programs was marked by an impressive arrangement of
speakers, panel discussions, and other events.
• As part of a weekly Humphrey Seminar, the Fellows arranged a
distinguished speaker series with presentations from Howard
Franklin Jeter, Former United States of America Ambassador to
Nigeria and Hussein Hassouna, Ambassador of The League of
Arab States to the United States.
• Engaging presentations, “The Accession to the WTO of Jordan
and Russia,” and “Foreign Direct Investment in Russia and
Turkey” were given by Bashar Malkawi, SJD Candidate from
Jordan, Vladimir Kanachevski Junior Faculty Development
Program Fellow from Russia, and Fulbright Scholar, Bilgin
Tiryakioglu, Fulbright Scholar from Turkey.
Another highlight this semester was welcoming back four
Humphrey Program Alumni from 2003-2004, Nora Luzi, Hesham
Nazr, Enkhtuya Oidov, and Yakdhane Habib, for an Alumni Lunch.
Yakdhane participated in the Annual Seminar on International and
Commercial Arbitration at WCL. His return to the law school
prompted the lunch with current Humphrey Fellows, Alumni and
Amy Nemith, IIE Humphrey Alumni Coordinator. They discussed
ways to assist incoming Humphrey Fellows and utilize the professional network of Humphrey Fellows around the world. It was decided that a Humphrey listserv would be created for this purpose. If you
would like to be included on this listserv, please contact Amy Nickel
Reid at humphrey@wcl.american.edu.
We are pleased to announce that Hauwa Ibrahim, Humphrey
Fellow from Nigeria, has been recognized by the ABA’s Commission
on Women in the Profession for her impressive legal accomplishments. On August 8, she will receive the 2004 Margaret Brent
Women Lawyers of Achievement Award in Atlanta, GA.
Finally, on behalf of WCL and the ILSP, we would like to congratulate this year’s Humphrey and Junior Faculty Development
Program Fellows on the successful completion of their program. Your
contributions to the WCL community are greatly appreciated, and we
look forward your hearing about your future endeavors.
Best wishes to you all!
Humphrey Fellow alumni lunch participants.
Prof. Danny Bradlow and Hauwa Ibrahim
SEEKING AN EXTERN?
WCL’s Summer International Externship Program places JD students in not-for-profit
organizations, government agencies, and courts in countries around the world. Students work
full-time, without pay, receiving academic credit for their work. They participate in an academic
seminar and are supervised by faculty through an internal link. We have great student demand
for this program. If you or someone you know might be interested in hosting an extern, please
contact Avis Sanders, Director of the Externship Program at alsander@wcl.american.edu
or by phone at 202-274-4200. We greatly appreciate any assistance you might provide.
13
The WILP Gender and the Law Roundtable
By April Fehling, WILP Coordinator
T
he Gender and the Law Roundtable is a new joint initiative
of ILSP students specializing in Gender and the Law and the
Women and International Law Program (WILP). Known as
the “Gender Roundtable,” the group is truly international, comprised
of women legal professionals from the Middle East, Swaziland,
Nigeria, The Gambia, Rwanda, Zimbabwe, Russia and New Zealand,
currently in residence at WCL. Members include LLM candidates,
Humphrey Fellows and a Junior Faculty Development Program
Fellow, with experience levels ranging from those who have just completed their law degrees to those who have been acting as women’s
rights litigators, human rights advocates, policy makers and academics for several years.
The Roundtable developed from an initial October discussion
on the ILSP LLM Specialization in Gender and the Law hosted by
the Women and International Law Program. With such a diverse
group of students interested in gender and the law, the students saw
an opportunity to share experiences and skills, to explore international law from a gender perspective, and to create an environment at
WCL conducive to developing solutions to some of the legal issues
that women face internationally. Several WCL faculty and staff,
including Professor Ann Shalleck; April Fehling, Program
Coordinator, Women and International Law Program; Hadar Harris,
Executive Director, Center for Human Rights and Humanitarian
Law; Susana Sacouto, Director, War Crimes Research Office;
Charlene Gomes, Public Interest Coordinator; and Macarena Saez,
International Programs Coordinator, provide advisory input and
cohesion to the Gender Roundtable’s plans.
The Gender Roundtable meets regularly throughout the school
year. The group also organizes site visits to advocacy organizations
that promote women’s legal rights, providing the Roundtable students opportunities to share their expertise with local practitioners
and to observe strategies that may be applicable in their home coun-
tries. The Roundtable has visited the Tahirih Justice Center, the
District of Columbia Domestic Violence Intake Center and Street
Law, and is also planning visits to the State Department (Trafficking
Prosecutions) and the World Bank. The Roundtable has also
launched a new website highlighting the Roundtable members, their
research, and Roundtable activities.
The Gender Roundtable is a promising initiative because it is
shaped by the ILSP students, and will continue to evolve as women
from around the world enrolled in the WCL International Legal
Studies Program participate in its development. To learn more about
the Gender Roundtable students and their work, please visit the website at http://wcl.american.edu/gender/wilp/roundtable.cfm. For more
information about the ILSP LLM specialization in Gender and the
Law, please contact the ILSP Admissions Coordinator at
llminfo@wcl.american.edu.
From L to R: Hadar Harris (Exec. Dir., Center for Human Rights and
Humanitarian Law), Hauwa Ibrahim (Humphrey Fellow), Justine Mbabazi (LLM
student), Rosaline Zigomo (Humphrey Fellow), Sawsan Zaher (LLM student),
Brenda Bukenya (LLM student), April Fehling (Program Coordinator), Velephi Riba
(Humphrey Fellow), Anna Borodina (Junior Faculty Development Program)
International Interns!
The International Legal Studies Program is growing and changing with each new
semester. During the Spring semester of 2004, the program included 170 lawyers from
over 68 countries across the globe!
If your firm or organization is interested in hosting an LLM Intern, please contact
Emily S. Chin, Internship Coordinator at
eschin@wcl.american.edu
or by telephone at 202-274-4113.
14
New Project: Rule of Law in the Middle East and Islamic World
A
n exciting new Project entitled the “Rule of Law in the
Middle East and Islamic World” was initiated this
February 2004 by WCL Professor Padideh Ala’i. The
purpose of the Project is twofold. On one level, it is engaged in
empirical studies analyzing the status of laws and legal systems in
the Middle East and North Africa with particular emphasis given
to “economic” laws, i.e., laws that regulate economic activity. On
the second level, the Project attempts to explore from both historical and present day perspectives, the role of law in Islam and
Islamic societies. During the 2003-2004 academic year, the project team consisted of: Bashar H. Malwaki (SJD candidate,
Jordan), Hesham Nasr (SJD candidate, Egypt), Halim Kanaan
(JD ’04, Lebanon), Rabih El Gharib (LLM candidate, Lebanon),
Alaa El Shimy (Humphrey Fellow 2003-04, Egypt) and Amy
Magdanz (JD ’04, U.S.).
The Project team has been hired as a subcontractor to the
Center for Institutional Reform and the Informal Sector
(IRIS)—a research and advisory center in the Department of
Economics at the University of Maryland that studies the institutional bases for economic growth and democratic development—under a contract with the United Kingdom’s
Department for International Development. In light of the concern of the European Union (EU) about the suitability of the
legal systems of the countries that are signatory to the EU-Middle
East/North Africa Free Trade Agreement in protecting foreign
investment or promoting private sector development and facilitating international trade, the goal of the Project is to create
benchmarks for legal reform in the six relevant countries of
Algeria, Egypt, Jordan, Lebanon, Morocco and Tunisia. To this
end, the Project Team has been asked by IRIS to analyze the laws
of those countries and to assess their compatibility with certain
categories of transparency and predictability of legal systems that
have been previously developed by the European Bank for
Reconstruction and Development (EBRD).
The Profitable and the Powerless: International Accountability of
Multinational Corporations
By Antonella Vazquez, LLM ’04, Mexico
On February 27, 2004, the Business Law Society and the
International Law Society of American University’s Washington
College of Law co-sponsored a day long conference consisting of
different panels on the topic of accountability of multinational
corporations.
Moderated by Professor Daniel Bradlow, the first panel
focused on the role that international organizations have in regulating multinational corporations. Dr. Isabella Bunn, Associate
Director of Oxford University and Christian Aid in London
opened the dialogue by mentioning examples of international
organizations that are changing the behaviors of multinational
corporations indirectly, such as the WTO and the OECD, as
well as the importance of the participation of NGO´s as a force
pressing for “corporate social responsibility.” Andres Rigo
Sureda, Senior Advisor of Fullbright & Jaworski, LLP, further
mentioned that although organizations such as the World Bank
were originally not expected to regulate the behavior of multinationals corporations, their roles have expanded. Through their
example and established standards, international organizations
have had an indirect influence on corporations. Motoko Aizawa,
Corporate Policy Advisor of the International Finance
Corporation discussed the role of the “Equator Principles”
adopted in June 2003 and signed so far by 20 banks, a figure
which represents seventy-five percent of the financing world.
These principles for managing environmental and social risks in
project finance were the outcome of pressure from NGO´s. She
explained how communication has been key to the process, from
the discovery of the problem that was initially denied among the
banks, through the agreement of their own implementation
method, to the pressure created among these financial institutions themselves to avoid social risks. Edward Potter from
McGuiness, Norris & Williams, LLP addressed the increasing
importance of the role of the International Labor Organization
as part of the need of a consensus of standards. Professor
Bradlow closed the panel, summarizing that the result of what
had been discussed was a positive note as it was demonstrated
that the world is moving to some kind of agreement and that
the challenges to implement corporate accountability will
become opportunities for young law students.
In another panel that focused on the subject of labor rights,
multinational corporations received more criticism than support.
Although Jim Gunderson, Corporate Governance Advisor, portrayed corporations as entities whose very nature forced them to
be more human rights oriented, creating and spreading values,
the audience perceived the opposite. Natacha Thys, Associate
General Counsel from the International Labor Rights Fund,
pointed out that what companies put in their websites and how
they act in reality is very different. From the Workers Rights
Consortium, Scott Nova recognized that because the lack of
enforcement in undeveloped countries, multinationals are able
to produce cheap products. Organized labor, international standards and a multilateral mechanism to assure pressure on the
companies were some of the elements discussed as necessary to
defend labor rights in this dialogue moderated by WCL
Professor Jerome Levinson.
Although the smooth operation of international mechanisms to keep governments and multinationals accountable for
crimes is still a long way ahead, movements forward are clear.
The continuous flow of information that characterizes this era,
paired with the “naming and shaming” practice, the pressure of
global civil society, and the knowledge sharing and support in
research highlighted in this event, are steps in the right direction.
15
Alumni Spotlight
Gina Luz Méndez, LLM ’94, Diputada Nacional of Bolivia
Max Fernández, founder of
the political party UCS,
(Unidad Civica Solidaridad)
until 1995 when he has killed
in an airplane accident. His
oldest son Johnny Fernández
was at that time running for
mayor of Santa Cruz de la
Sierra, the largest city in
Bolivia. He won the election
for the period from 1996 to
Could you tell me a bit about what is going on in Bolivia right now?
2000 and invited me to work as the Environmental Legal Advisor
Bolivia is currently facing a monumental moment in its
for the municipality.
social and political history as it has recently approved a new conIn 2000, I ran for a seat in the Municipal Council and was
stitution which includes the “Referendum”, the “Asamblea
elected
together with five other candidates to represent the party,
Constituyente” and the “Iniciativa Legislativa Ciudadana” as new
UCS
for
the district of Santa Cruz.
instruments to increase participation of citizens in the political
Mr.
Fernández was reelected as mayor for a second term
decision-making process. Although Bolivia has been a democracy
(2000-2004). When he resigned nine months later, I became the
for 21 years, the new constitution represents a dramatic step
default mayor in which capacity I served until December of
towards the further demonopolization of the system based only on
2001. Despite my newness in the
political parties. The current
political arena, I ran for a seat in
Parliament is in the process of disBolivia’s Parliament and was
“It is certainly an exciting time to be in the
cussing the parameters for these
elected in 2002. At the beginnew constitutional mechanisms
ning of my parliamentary tenure,
Bolivian Parliament. For the short term, my
for public participation. The
the recently elected President of
result of their discussion may
goal is to be a part of this important historical Bolivia, Gonzalo Sánchez de
actually cause the displacement of
Lozada, appointed me as the
the many of the current parliaMinister of Justice and Human
mentary members as the mandate moment, facilitating the mechanisms by which
Rights on August 6, 2002. It was
of the present parliamentary
a short term because of political
Congress, which started in 2002,
the people will have the chance to participate instability of the country. At the
will end in 2007 when a new
end of February 2003, a new
Congress is elected under the new
in public issues.”
cabinet was assigned and I
Constitution.
returned to my original curule
We are at a point of transfor(seat) as a Member of
mation that will entail sweeping changes that will affect virtually
Parliament. Sánchez de Lozada was forced to resign as president
all the “rules of the game”—from how the president is to be electon October 17, 2003 and Vice-president, Mr. Carlos Mesa
ed, to how the power of the Central government is to be balanced
Gisbert stepped in as constitutional president of Bolivia.
through the decentralization of various administrative organs, or
maybe even more drastic changes. The new constitution will pave
What prompted you to earn an LLM degree in the first place?
the way for changes in rule-making laws, itself, that will affect ecoWhen I first came to the International Legal Studies
nomic, social, and political path of Bolivia’s future.
Program, actually, my purpose was to focus on trade and inter-
G
ina Luz Méndez was recently the Minister for Justice and
Human Rights in her country, Bolivia. This past March,
she visited her alma mater, the Washington College of
Law, while in D.C. to attend an Inter-American Development
Bank Workshop on Bolivia’s Legal Reform and Institutional
Management of the State. The ILSP staff had the honor of meeting Bolivia Parliament Member and WCL alumnae, Gina Luz
Méndez. Below is a brief interview with Gina Luz Méndez regarding her studies and career.
How did you come to your current involvement with the Bolivian government since your LLM studies at WCL?
After graduating and obtaining my LLM degree from the
International Legal Studies Program in 1994, I worked with Mr.
16
national business in light of Bolivia’s interest of developing new
markets and improving the economy. I wanted to know how to
best forge the road for increased trade between my country and
the world.
My LLM studies led me to take a course on environment and
trade. In particular, I remember courses taught by Professors
Danny Bradlow, Berenson, Barella, David Hunter and Zaelke.
Through it all, I became interested in the link between trade and
the environment. I then started to realize how environmental
issues indeed have profound ramifications that have to be considered by countries.
Do you feel that your LLM degree has been beneficial in your
career?
Absolutely. I believe that it played a part in the reason why I
could be called upon to join a political party, and given entrance
into the right political circle and positions. Also, before I was
selected to be the Minister of Justice and Human Rights by
President Gonzalo Sánchez de Lozada at that time, I know that he
had reviewed my credentials and that my LLM degree from WCL
was given significant weight since he also had been to American
University on different occasions to speak in the past.
“Our role [as women leaders] is to show other
females that they must participate in greater
number because we can make a difference in
our country. ”
What are your short or long term goals for the future?
It is certainly an exciting time to be in the Bolivian
Parliament. For the short term, my goal is to be a part of this
important historical moment, facilitating the mechanisms by
which the people will have the chance to participate in public
issues. We are also working on a new hydrocarbons Law that we
believe will help give the economy an important boost. In the long
term, I would like to become involved with international organizations, becoming a professor or an ambassador for Bolivia. In
whatever capacity, my desire is to keep working for my country,
Bolivia.
How about the thought of being the first woman president of
Bolivia?
The thought is nice but there was a first woman president in
the recent past, Ms. Lidia Gueiler and even though she was president for a short period she set an example for other women. As a
woman in politics, I believe it is important to pave the road for
future generations of females and help them to become actively
involved in the decisions of the country. By law, the Parliament
must have women occupy a third of the parliamentary seats but
this provision started only recently. Our role [as women leaders] is
to show other females that they must participate in greater number because we can make a difference in our country.
Republic of Georgia
Minister of Justice:
George Papuashvili LLM ’2000
T
he International Legal Studies Program is proud to
announce that George Papuashvili, LLM ’2000, who
studied in the program as a Muskie fellow was appointed the Minister of Justice of the Republic of Georgia this year.
After graduating from the State University, Faculty of
International Law and International Relations with honors in
1995, Mr. Papuashivili worked in the Juridical Committee of
Parliament of Georgia for four years, eventually the becoming
the head of the Staff of the Committee. During this time, Mr.
Papuashvili also studied to obtain his first Master’s Degree in
political science from Central European University (Budapest).
He went on to pursue his Master of Laws (LLM) degree from
the Washington College of Law in 1999-2000.
He has published six books on topics such as political party
activies, regulations, presidential systems development, and
constitutional arrangement. George Papuashvili is fluent in
English and Russian. He has a wife and child.
A
U
Requests for Publication
WE ARE SOLICITING LLM STUDENT
AND ALUMNI ARTICLES for the next issue of
the LLM Global Network. Submissions are due no
later than September 15, 2004. Articles can be
personal opinions on legal issues, highlight
international and comparative legal
developments or focus on personal experiences
of interest to fellow alumni. In addition, you can
respond to the opinions expressed in previously
published articles. Send a recent photo along
with your article for inclusion in the newsletter.
Submissions should be no more than 1,000 words
in length. Articles or questions can be e-mailed
to the Editor at eschin@wcl.american.edu.
17
Alumni Spotlight
Melitón Arrocha, LLM ’94 of the Republic of Panama
M
elitón Arrocha received his LLM degree from the
Washington College of Law in 1994, and since
then has had a very interesting and influential role
in shaping the international trade agenda of the Republic of
Panama. He has served as the Deputy Minister for the
Presidency, Deputy Minister of International Trade and currently is a Commissioner for The Commission for
Competition Policy Matters and Consumer Affairs.
Please tell us a bit about your career path after obtaining your
LLM degree at WCL.
After graduation, I decided to go back to Panama and start
my own practice. With hard work and the legal background
received at the Washington College of Law, I began to practice
mostly commercial law. Besides my legal work at this time, I also
began to actively participate and support the Arnulfista’s Party
(one of the most influential political parties of the country), which
won the general elections held in 1999. Having done extensive
legal work on behalf of the campaign, I was offered the opportunity to become the Deputy Minister of the President of Panama.
I served as the Deputy Minister for the President from September
of 1999 to 2000. Due to a Cabinet change, I was appointed
Deputy Minister for International Trade for four years.
What were your responsibilities or some challenges that you faced
as the Deputy Minister of International Trade of Panama?
As the Deputy Minister of International Trade, my primary
responsibilities consisted of promoting Panamanian exports, attracting foreign direct investment, the administration of export subsidies
and International Trade Negotiations. For example, I helped define
the WTO agenda of Panama as well as actively participated on behalf
of my country in the on-going negotiations of the Free Trade Area of
the Amercias (FTAA). I was responsible for the negotiations on the
bilateral front, including the conclusion of the text negotiations with
the 5 countries of Central America and the complete negotiation of
the Free Trade Agreement with El Salvador and Taiwan. Both were
unanimously ratified by our Parliament.
A major accomplishment during my tenure was obtaining
the political will of the U.S. government to launch free trade negotiations with Panama. This effort lasted almost 3 years, and represented a very complex task, involving the interaction with the U.S.
State Department, the U.S. Department of Commerce, and the
United States Trade Representative Office, among other U.S. federal agencies. Negotiations started last April and are scheduled to
conclude during this year.
18
What is your current position
in the government of
Panama?
After my term as the
Deputy
Minister
of
International Trade ended, the
President of Panama appointed me as one of the three
Commissioners of The
Commission for Competition
Policy Matters and Consumer Affairs (CLICAC). My appointment, incidentally, was unanimously ratified by our Parliament.
The legal responsibilities of the Commissioners of CLICAC
are to oversee the application of the anti-trust laws as well as to
regulate economic agents to comply with consumer protection
regulations. Furthermore, CLICAC has the legal duty of administering anti-dumping and countervailing duties. I should also
mention that CLICAC is headed by three Commissioners and my
term will last for five years, ending in late 2008.
What do you envision long-term?
The correct definition of long term for a person involved in
politics, is “what’s for dinner?” Joking aside, I expect myself to go
back to the legal arena and use the experience gathered during this
tremendous opportunity in my private practice. I would also like
to remain active in policy making pertaining to international trade
and the future expansion of the Panama Canal.
Please comment briefly on your experience at ILSP.
I was extremely glad and even surprised by the quality of
education that WCL offered me in terms of curriculum, faculty
and the wonderful contacts that were available to me. Unlike law
school in Panama, at WCL, I was exposed to many different cultures and perspectives. I was given the opportunity to network,
meet many accomplished classmates and learn from a very relevant curriculum from which I could draw experiences and use
them to help my country.
Any words for current and future LLM students of ILSP?
Believe in yourself, work hard and take full advantage of your
education.
Melitón Arrocha can be reached via e-mail at arrocha@pa.inter.net.
Alumni Spotlight
Peter M. Cicchino Award Winner: Felipe Gonzalez, LLM ’91
T
he Cicchino Awards for Outstanding Advocacy in the
Public Interest arena are given annually to three persons
to recognize and honor those whose devotion to, and creative service in, the public interest exemplifies the highest ideals of
the Washington College of Law. The International Legal Studies
Program is proud to announce that Felipe Gonzalez, LLM ’91 is
the recipient of this year’s Peter M. Cicchino Award in the
Category of Alumni or Alumnus Whose Work is Primarily
Outside the United States.
Having studied law in Chile, Felipe Gonzalez desired to
obtain more formal training in human rights—a training that was
not available under the dictatorial rule in his country at the time.
Attracted to the International Human Rights Program which he
had heard was particularly strong at WCL and seeking further
knowledge in Human Rights Law and Conflict as well as
Constitutional Law, Felipe came to the United States to pursue his
LLM studies.
During his LLM studies, Felipe engaged in an internship
with the American Civil Liberties Union on the national security
and freedom of expression Project in D.C. He recalls, “It was a
wonderful opportunity for me to be involved in judicial proceedings.” In connection with his studies at WCL, Felipe also learned
about, and successfully applied for, a position with the
International Human Rights Law Group (today Global Rights).
The position allowed him to stay an additional two years in the
United States during which time he worked in conjunction with
other faculty of WCL on various challenging human rights projects related to Nicaragua, Guatemala and other countries in the
region. At that time, Felipe notes, WCL Professors Goldman,
Grossman and Farer were part of the Human Rights Law Group
board that helped shape the Latin America program of the organization. After he moved back to Chile, Felipe Gonzalez continued
to work part-time for the Human Rights Law Group in the Latin
American region, monitoring human rights and bringing cases
before the Commission.
Since 1993, most of Felipe’s work has been at the
Universidad de Diego Portales University where he is currently a
law professor teaching courses on International Human Rights,
Constitutional Law and Jurisprudence. Felipe is also the Director
of the Human Rights Program at the Universidad of Diego
Portales. Under his leadership, the program has accomplished a
number of noteworthy achievements which include an annual
report of human rights in Chile as well as the creation of three separate task forces on freedom of expression, disability rights, and
the fight against discrimination in Chile.
Perhaps most impressive of his achievements, Felipe was
instrumental in forging the
creation of a series of civil
rights legal clinics at universities in Peru, Argentina,
Colombia, Mexico, and
Chile. These clinics currently
involve law students who
actively engage in landmark
litigation at the domestic and
international level. Before his
work with the civil rights legal
clinics, there were very few existing legal clinics and those that did
exist had no public interest profile. Felipe continues to direct this
network of Latin American Human rights clinics which is funded
by the Ford Foundation.
Besides his work with the civil rights legal clinics in Latin
America, Felipe has also been directly involved in the process of
obtaining consultative status for non-governmental organizations
with the Organization of American States (OAS). Until a few
years ago the OAS had no formal mechanism to allow participation of civil society, unlike the United Nations. It was simply a
nontransparent organization. Over the period of six years, however, Felipe participated in, and helped navigate the drafting of
detailed guidelines that would provide official participatory channels for NGOs in the proceedings of the OAS. In 1999, NGOs
were finally granted consultative status by the OAS, allowing
them to obtain information from the OAS as well as participate in
OAS meetings. NGOs can now make presentations to the OAS as
well as distribute written documents to the OAS members
through official channels. “After the years of struggle for this right,
I am very satisfied with the successful outcome…now many
NGOs of the American continents take advantage of this significant opening of the OAS,” remarks Felipe Gonzalez.
Felipe also teaches in the Academy of Human Rights at
WCL with Victor Abramovich and has been a visiting professor at
the University of Wisconsin Law School as well as the Universidad
of Carlos III and University of Alca de Henares in Madrid, Spain.
On a personal note, Felipe immensely enjoys literature and
writing and in fact, published a short book of fiction stories.
When asked about the importance of his education at WCL
in his overall career, Felipe asserted, “The LLM degree I received
through my studies in the ILSP was a key factor in the development of my career. It was a great experience in terms of substantive learning, contact with people all over the world, with all sorts
of expertise. I was given the tools to position myself and advance
my career.”
19
ILSP News
First Advanced Law Degree Specialization in NAFTA, Free Trade
Agreements and Regional Integration
American University Washington
College of Law will launch a new specialization in “NAFTA, Free Trade Agreements
and Regional Integration” as part of its
LLM in International Legal Studies
Program, beginning in the Fall of 2004.
“Whether free trade agreements have a
positive or a negative effect on the countries
concerned is heavily influenced by how
their trade agreements are structured,” said
Danny Bradlow, director of the
International Legal Studies Program.
“WCL wants to help countries develop the
capacity to negotiate effective trade agreements that produce the benefits they desire
and minimize adverse consequences. With
this new specialization, ours will be the first
law school to offer detailed training in negotiating regional trade agreements and in the
technical complexities of drafting these
agreements.”
The new LLM specialization will appeal
to lawyers and students from around the
world. Many countries are poised to enter
into regional trading blocs and need lawyers
with the expertise and experience to adequately handle the legal aspects of international trade negotiations and agreements
and their implementation. It also will be
attractive to governments as a mechanism to
train negotiators who are about to engage
their countries in trade regimes with their
neighbors and/or with the United States.
The coursework will include two groups
of courses: The first will attempt to familiarize students with the process, structure, and
rationale for trade negotiations through
classroom instruction and simulations. The
second will address the many technical
issues that can arise in international trade
agreements, using the North American Free
Trade Agreement and other regional trade
agreements as case studies, but will raise
issues that are relevant and can be applied to
all regional trading agreements. The course
work will be supplemented by seminars,
workshops, and internships to broaden students’ experiences.
20
Students who take this specialization
will normally obtain a Master of Law degree
(LLM) within one year. The new NAFTA
specialization offers a valuable addition to
the five other specializations of ILSP: inter-
rights, international environmental law, and
gender and the law. LLM candidates in the
regional integration specialization can take
classes from any of these areas to supplement their major course requirements and
“With this new specialization, ours will be the first law school to
offer detailed training in negotiating regional trade agreements
and in the technical complexities of drafting these agreements.”
national business law, international organizations, international protection of human
may begin their studies either in the Fall or
Spring semesters.
WCL Launches a New Program on International
and Comparative Environmental Law
This spring, the law school launched a
new Program on International and
Comparative Environmental Law (PICEL)
to promote practical environmental law
solutions to the substantial and serious
threats currently facing the global environment. The Program embodies the
Washington College of Law’s unique
approach that emphasizes the role of the
public interest, civil society and non-State
actors in shaping and applying international environmental law in the pursuit of
sustainable development. The Program
will provide new and exciting learning
opportunities for WCL students through
client-based research projects, expanded
supervision of student research projects,
and a series of events at the lawschool.
Threats to our global environment
remain among the most critical challenges
facing the world in this century. Many
observers believe that we are at a tipping
point with issues such as climate change, the
loss of biological diversity and the global
accumulation of some pollutants threaten-
ing the very foundations of our global
resource base. Shortages in freshwater, urban
air pollution levels and issues of waste management plague many developing countries
and undermine their efforts to alleviate
poverty. Environmental issues are now closely linked with issues of international human
rights, international trade and international
finance. Responding, and preparing students
to respond, to these challenges is the
Program’s primary purpose.
The new Program builds on WCL’s longstanding leadership in promoting international environmental law, including its
strong curriculum and growing network of
relationships with policymakers working on
these issues. PICEL will build on WCL’s
unique Joint Research Program with the
Center for International Environmental Law
(CIEL), which supports the development of
WCL’s curriculum, offers WCL students
internship opportunities, and co-organizes
an annual conference. PICEL will also work
closely with and support the Journal on
Sustainable Development Law and Policy and
ILSP News
the Environmental Law Society, providing a
cluster of activities and opportunities for students to gain experience and inspiration
regarding environmental law.
PICEL will provide valuable research
and other services to the international community active in using international and
comparative environmental law to promote
sustainable development and protect the
global environment. Current PICEL
research projects include developing a handbook on the new Convention for the
Protection of the Caspian Sea for a network
of organizations in the Caspian Sea Region;
support for U.S.-based NGOs seeking a
stronger environmental policy at the
InterAmerican Development Bank; and
research on the environmental and human
rights components of a proposed dam in
Costa Rica. The Program also recently held
its first “Dialogue on Sustainable
Development,” hosting a roundtable discussion between U.S. government officials and
environmental leaders regarding the environmental impact reviews of international
trade agreements.
PICEL is co-directed by Daniel Bradlow,
David Hunter and James Salzman. For more
information about the Program, contact
David Hunter at dhunter@wcl.american.edu.
Akil Tirana, Recipient of the 2004 Seymour Rubin Scholarship Award
The International Legal
Studies Program is proud to
announce Akil Tirana as the
recipient of 2004 Seymour
Rubin Scholarship Award.
This award is given each year
to a student for outstanding
academic achievement and
contribution to the program.
Below are some words from
Akil about his background
and LLM experience.
Tell me a bit about your background.
I am an Albanian citizen and law
school graduate from the Tirana
University School of Law. After graduating in July of 1999, I was hired by the
Ministry of Finance of the Republic of
Albania to work as a lawyer in the
International Relations Department.
During my tenure, I learned about the
post-graduate program at the American
University, Washington College of Law
and successfully applied to the LLM
Program in International Legal Studies in
September 1999. After finally securing the
financial funding that I needed and having
won the Green Card Lottery in April
2001, I began my dream of post-graduate
degree studies at the WCL that fall.
Why did you pursue an LLM degree?
There are two major reasons which
made me pursue an LLM degree. I thought
an LLM degree would be the best
approach to deepen my knowledge on the
international fields of study and cooperation. It was a real challenge for me, considering English is not my native language
and I come from a country
which has a different law perspective. I know the job market in America is very competitive and overall, it was a
really valuable experience.
Second, I found out that
successful completion of the
LLM Program would enable
me to sit for the New York
Bar Exam. This has been a
long-term dream, which
came true on February 24-25, 2004.
Please tell me about any activities you
organized while at WCL.
On October 30, 2003, in cooperation
with the New Albanian Generation,
Washington, D.C. Chapter, International
Legal Studies Program Student Board, the
Embassy of the Republic of Albania and the
National Albanian American Council, I
helped initiate an Introductory Session on
“The Albanians in the Balkans” which was
held at WCL. The topics discussed were: the
Albanian political, economic and social development and its role in the Balkan region,
regional perspectives and Kosovo’s final status,
and the political status of Albanians in other
regions, including Macedonia and
Montenegro. Albanian Ambassador H.E. Dr.
Fatos Tarifa addressed participants as well as
WCL Prof. Paul Williams and Mr. Martin
Vulaj, Executive Director of National
Albanian American Council.
Many students are not familiar with
Albanian issues in the Balkans. As the current chairman of New Albanian
Generation, Washington, D.C. Chapter, I
will do my best to organize such meetings
in the future on a wide range of issues.
Is there a highlight about your LLM
student experience you want to mention or
any comments about the program?
I thank Dean Grossman, Director
Danny Bradlow and his staff for giving me
the opportunity to engage in this wonderful
program of study. I feel myself more prepared now in a lot of subjects such as business law, international development finance,
European Union Law, Legal and Judicial
Reform and other subjects. It was also wonderful to get to know a lot of people from so
many different countries. Now that we have
graduated, most of them have gone back to
their own countries. I keep in touch with
them and am glad to hear of their successes
and achievements. I wish all of them very
best of luck and miss them all.
What are your goals for future?
My short-term goal is to pass the Bar
Exam and practice law here in the U.S. I
also want to help other Albanians study at
WCL. We are trying to finalize the signing
of an agreement between AU, WCL and
Albanian Ministry of Education. Its signing would facilitate the arrival of excellent
Albanian students for one semester or
more, exchange experience and go back in
their home countries with more knowledge and prepared for the future challenges ahead. My long-term goal is to pursue doctoral studies at WCL, which would
be a great opportunity for me to deepen
my knowledge and look for a better life for
myself, family and country.
21
ILSP Staff News
ILSP WELCOMES AMIR TEJANI
Greetings, All! My name is Amir
Tejani and as of January of 2004, I have
taken over Cathy McDonald’s position as
the Assistant to the Director of the
International Legal Studies Program.
Previously, I worked in a non-profit
organization that dealt with integrating
technology into secondary schools around
the world.
I attended American
University as an undergraduate and am
currently taking classes to obtain a Masters
degree in International Peace and Conflict
Resolution.
My first semester here has been great.
I have gotten a chance to meet some
absolutely wonderful students and look
forward to meeting many more this fall.
As Professor Bradlow’s assistant and the
coordinator of the new student orientation, I am sure that I will have the opportunity to get to know many of you very
well. If you have any questions about the
program, American University, would like
to meet with Professor Bradlow, or are just
looking for someone to talk to please do
not hesitate to stop by. I am located in
room 338 and can be reached by email or
phone at: atejani@wcl.american.edu or
202-274-4112.
IRENE MOYER: NEW ADMISSIONS
COORDINATOR
L to R : Amir Tejani, Irene Moyer
22
As the new Admissions Coordinator
for the International Legal Studies
Program since mid-April, I have enjoyed
many wonderful opportunities to meet
and interact with members of the WCL
community and am happy to be a part of
such a strong network of individuals.
I recently relocated to the Washington
D.C. area with my husband from
Thousand Oaks, California. For the last
four years, I was the Assistant Director of
Undergraduate Admissions at California
Lutheran University where I oversaw the
recruitment
territories
throughout
California and the Western United States.
I received my BA in Communications
(Advertising/Public Relations) from
California Lutheran University, and my
MA in Communications Management
from the University of Southern
California in Los Angeles.
My first month of working in the ILSP
has been wonderful and I look forward to
working with prospective and current students alike. As the Admissions
Coordinator, I oversee the application
process for both LLM and SJD candidates. If you have questions about the
ILSP or know of an individual interested
in our program, please contact me directly
at imoyer@wcl.american.edu.
I look forward to getting to know each of
you in the coming months!
FAREWELL TO CHRISTINA KRIEG
The International Legal Studies Program
said goodbye to Christina Krieg this past year
as she decided to stay home with her newborn,
Lukas Christopher Krieg. After working in the
WCL Associate Dean’s Office for two years,
Christina served as the Admissions
Coordinator for ILSP, from 1999 to the end of
last year. During this time, Christina reviewed
hundreds of LLM program applications from
around the world and was an invaluable
resource to students and staff, alike. Always
doing her best to ensure a smooth admissions
process for students, Christina is missed by
many, especially alumni. Likewise, “I miss seeing all the students and staff of the program,”
remarks Christina, “…not the paperwork, but
the people behind the paperwork.” Her plan is
to stay at home for a few years to especially
enjoy and take care of Lukas before returning
to the working world, perhaps at the
Washington College of Law. In the meantime,
Lukas Krieg, born to Christina Krieg, former ILSP
Admissions Coordinator.
Christina encourages friends to stay in touch.
She can be reached via e-mail at cakrieg@comcast.net. Thank you, Christina, for your contribution to ILSP and best wishes!
ILSP Staff News
23
Alumni News
1983
JULIA KOKOTT, GERMANY
Julia Kokott is currently the Advocate
General in Luxemburg at the Court of
Justice of the European Communities.
currently a partner of White & Case and
Derman Ortak Avukat Burosu, a Turkish
law firm established by White & Case for
bar regulatory reasons.
JOSÉ MACIEL, BRAZIL
José and his wife, Amanda, are proud to
announce the birth of their second son,
Lucas Matthew Phillips Maciel, in São
Paulo, Brazil on February 22, 2004.
Julianne Kokott LLM’83 and
Prof. Jeffrey Lubbers.
1988
INGEMAR DOLFE, SWEDEN
Since September 2003, Ingemar has
been working as the Minister Counsellor at
the Swedish Embassy in London. His two
daughters are now 12 and 13 years old.
1989
DEAN B. SUAGEE, U.S.A.
Dean continues to work at Hobbs,
Straus, Dean & Walker, a firm that specializes in representing American Indian and
Alaska Native tribal governments and tribal
organizations. He recently published an
article entitled, “The Supreme Court’s
‘Whack-a-Mole’ Game Theory in Federal
Indian Law, a Theory that Has No Place in
the Realm of Environmental Law,” 7 Great
Plains Natural Resources Journal 90 (2002).
1991
AYDIN DUREN, TURKEY
Following his graduation, Aydin worked
for Herrick, Feinstein LLP for four years
and eventually moved back to Istanbul,
Turkey to join White & Case LLP. He is
24
JUERGEN REEMERS, GERMANY
Juergen was appointed as the Partner-inCharge of the Jones
Day’s Frankfurt
office as of April 1,
2004. He joined
Jones Day as an
Associate in the
Frankfurt office in
1995. Prior to
Jones Day, he was
an Associate at
Rogers & Wells Jürgen Reemers LLM ‘91.
(today’s Clifford
Chance) in New York.
1992
KHALID AL ABDUL KAREEM,
SAUDI ARABIA
Kahlid recently joined The Al-Jadaan
Law Firm as the Senior Legal Advisor.
This firm is in a co-operation with
Clifford Chance.
ALVARO AGUILAR, PANAMA
Alvaro delivered a presentation on
“Internet-related aspects of Taxation” during
the conference of the Panamanian
Association of Law and New Technologies
(APANDETEC). The Association was
founded in 2003 by Alvaro and other attorneys interested in legal aspects of information technologies.
RACHEL BIDERMAN FURRIELA, BRAZIL
Rachel was among a team of lawyers
that served as advisors to then representative
Fabio Feldmann and that prepared a law on
access to environmental information.
Presented in 1998, the bill was approved at
the end of 2003. The sanctioning of this law
represents a big achievement towards environmental democracy in Brazil.
Lucas Matthew Phillips Maciel, born to José Maciel
LLM ’91 and Amanda.
RUBEN MENDOZA, GUATEMALA
Ruben has been working as a legal and
financial consultant in Guatemala. Last
year, he was involved directly in the CAFTA
negotiations on behalf of the Government
of Guatemala (Ministry of Economy) as
Director of the Financial Services Group
and Deputy on Telecommunications, ecommerce, Investment and Cross Border
Services. He may join a law firm or consulting company in Washington to develop a
program to assist clients with CAFTA related issues. Ruben also hopes to create a
CAFTA Information and Business Center
to advise companies that do business within
CAFTA in the C.A. Region and in the U.S.
through subsidiaries in each country.
1993
SARA COEN-GIOVANELLI, DOMINICAN
REPUBLIC AND ITALY
Sara will be earning her JD from St.
Thomas U. in Miami as well as an LLM in
taxation from the same university. Sara
starts working at the 4th District Ct. of
Appeals in West Palm Beach, as a law clerk
Alumni News
this August and plans to take the Florida Bar
in July, and the NY bar in February.
Amad Ciari, covers all areas of business law.
They are located in Sao Paulo, Brazil and
have the website: www.rrflaw.com.br
1994
MARIA OLMEDILLA, SPAIN
Maria had a baby girl, Loreto, on
October 6th (her first baby) of last year.
Maria also continues to work as the legal
counselor
for
the
Securitization
Department of Banco Santander. All the
employers of Banco Santander in Madrid
have moved to the Financial City of the
Bank, located in Boadilla, west of Madrid.
This is the first financial city of its kind,
designed to make professional life more
comfortable and 6,000 employees already
reside there.
"I feel a lot of pride every time
I hear or read about [my
classmates] and their
achievements in the news,
NRP, newspapers and the like."
--Sara Coen-Giovanelli,
LLM '93
1995
JEAN MILNER, SOUTH AFRICA
Jean is currently employed as a partner
at Webber Wentzel Bowens, in
Johannesburg, South Africa.
FERNANDO T. REMOR, BRAZIL
In February 2004, the firm where
Fernando is employed, Amad, Ciari &
Remor merged with Dutra, Ribas & Soares
and Fagundes & Associates. The new and
larger firm, Remor Ribas Fagundes Dutra
Laundering Regulation. He is currently
working on a book focusing on the integration of financial systems in the Chinese
Economic Area.
1996
SALVATORE BACILE, PANAMA
Salvatore married on February 5, 2000
in Panama City. His two children,
Salvatore Jr. and Danielle, were both born
on October 2, 2002. Salvatore was recently
elected as member of the Board of Directors
of the Panamanian Chamber of Commerce,
Industry and Agriculture of Panama.
HERNAN SLEMENSON, ARGENTINA
On August 25, 2003, Hernan and his
wife, Debora had twins named Matías and
Camila. They are still living in New York,
where he continues to head the New York
office of the Argentine law firm, Marval,
O’Farrell & Mairal.
1997
Salvatore, Jr. and Danielle, both born on October 2,
2002, to Salvatore Bacile LLM ’96 and wife.
NADIA EZZELARAB, SWEDEN AND EGYPT
Nadia is now an Associate with
Braverman & Lin, P.C., a firm specializing
in immigration law located in Arlington,
VA. She lives at the same address as when
she graduated from ILSP.
FREDRIK A. HOLST, GERMANY
In April of this year, reservist Frederik
Holst, was promoted to Lieutenant Colonel
of the Swedish Amphibious Corps.
LAWRENCE L.C. LEE, TAIWAN
Since graduating from WCL, Lawrence
received an SJD at the University of
Wisconsin Law School. He has published
numerous articles in a variety of areas
including International Financial and
Banking Regulations, Chinese Legal
System, Antitrust Law, and Money
PURNOMO CHANDRA, TURKEY
Purnomo finished his assignment in
Turkey last year after working at the
Indonesian Embassy in Ankara since 1999.
He was promoted to Deputy Director of
the Foreign Ministry of Turkey and is in
charge
of
Non-United
Nations
International Organizations affairs and
global migrants issues.
CARLOS FERNANDO MAYA FERREIRA,
BRAZIL
Carlos was married on May 15, 2004 in
Rio de Janeiro, Brazil.
MARCO OLSEN, BRAZIL
Since his time at WCL, Marco earned
his SJD from Pace University School of Law
- Center for Environmental Legal Studies
and now teaches international and domestic
environmental law at
the Federal University
of Esprito Santo School
of Law in Vitoria,
Brazil. His SJD thesis
was published by Marco Olson LLM’97.
Oceana Publications Analysis of the Stockholm Convention of
Persistent Organic Pollutants.
25
Alumni News
SONIA VERDU, SPAIN
Sonia moved to Miami from
Washington, D.C. and married on May 31,
2003 to Tony. She currently has a new job
as the Coordinator for the Center for
International Business Education and
Research at Florida International University.
Association (NASABA) Convention, which
will be held in DC during the weekend of
June 18th, 2005. South Asian attorneys
from around the world are invited to attend.
Sona is an Associate Counsel for the
International
Municipal
Lawyers
Association in D.C.
1998
1999
CARLA ACEVES, MEXICO
Carla Aceves has published a book, Bases
fundamentales de derecho ambiental mexicano
(Fundamental
basis
of
Mexican
Environmental Law) which was published
by Porrúa, the largest legal publisher in
Mexico. It is being sold in Mexico and
excerpts may be published in English in
some law reviews soon.
JULISSA ARJONA, PANAMA
Julissa married on August 8, 2003 in
Panama with Daniel Oliva of Ecuador. At
this moment, she is employed at
Bustamante & Bustamante, a law firm in
Quito, Ecuador and is also studying to validate her law degree in Ecuador.
WEZI KAYIRA, MALAWI
Wezi Kayira was appointed Chief Legal
Aid Advocate in the Ministry of Justice in
Malawi to head the Pro Bono Legal Aid
Department. The department recently
embarked on an exercise to review and
reform the law to establish an independent
Legal Aid Services Commission in Malawi
to help indigent persons access justice and
the courts and to improve the rule of law as
well as human rights.
ADRIANA MORENO, MEXICO
Adriana married Tore Kvam and they
live in Olso, Norway. In the past two
years, Adriana earned a Masters degree in
pedadogy, specializing in younger children. She recently gave birth to her second
child, and currently works as a translator
for a Norwegian international maritime
company called Fred. Olsen Co.
SONA PANCHOLY, U.S.A.
Sona has just been appointed as a cochair of the Host Committee for the 2005
National Association of the South Asian Bar
26
RICCARDO CAJOLA, ITALY
Rommy Pinzon, LLM ’99 and
Riccardo are happy to announce the birth
of their baby, Caterina, born on January 21,
2004 at 1.01 a.m.
ESTEBAN J. ELIAS, CHILE
After working for more than four years in
the D.C. based law firm, Piper Rudnick LLP,
Esteban formed his own consulting firm called
Venture Bridge Consulting. Venture Bridge
Consulting (VBC) is an international initiative which provides strategic, legal, logistic and
business development support to Latin
American and U.S. software, hi-tech and other
companies looking to establish themselves
and/or launch and provide their products or
services in the United States and Latin
American markets respectively.
WESSAM S. MAGHRABI, SAUDI ARABIA
Wessam currently serves as a partner in
Sami A. Maghrabi Law Firm where he practices International Business Law, Litigation and
Arbitration and International Transactions.
He has served as a part-time professor at
the College of Business Administration in
Jeddah, Saudi Arabia in the Bachelors and
Diploma Program. Wessam also served as a
Masters Degree Program Instructor for a
course on Legal and Ethical Issues in Scientific
Research for the Computer Based Information
Systems Module of the UK’s Sunderland
University, which was held in Jeddah, Saudi
Arabia. Last year, Wessam represented Saudi
Arabia as a member of the Business
Delegation Team visiting Germany.
NIEVES RODRÍGUEZ VARELA, SPAIN
Nieves is in charge of the General
Directorate for Project and Corporate Finance
in the Regional Government of Madrid where
she helps to find financing for big public infrastructures and works under the restrictions of
a balance public budget (zero deficit).
2000
EKACHAI CHAINUVATI, THAILAND
Ekachai earned a Masters degree from
the Fletcher School of Law and
Diplomacy of Tufts University in
Massachusetts this May and plans to
returned to Thailand.
BERND OCHTENDUNG, GERMANY
Bernd Ochtendung and Denise Groves
married on May 24, 2003 in Gross Ziethen
outside Berlin. Bernd is a senior associate with
Freshfields Bruckhaus Deringer and was
recently assigned to the London office. His
wife works for Diligence, an international risk
and security consultancy.
Bernd Ochtendung LLM’2000 and Denise Groves
Alumni News
MASASHI OI, JAPAN
In February 2003, Masashi was admitted
to the New York bar, having already been
admitted to the Japan bar (April 1995). Last
April, he established a new law firm, Shohaku
Partners, in Osaka, Japan with other partners.
The law firm is mainly devoted to Japan-U.S.
and Japan-Asia international transaction and
other legal issues.
JYUN ONUMA, BRAZIL
In August 2002, Jyun left his position as
partner at Saeki Advogados to become the
General Manager and Chief Consultant of the
Legal Department of Banco de TokyoMitsubishi Brasil, one of the biggest banks in
Japan. He mainly focuses on international and
domestic contracts, taxes, commercial and
banking regulations. Jyun mentions that without doubt, his LLM degree from the
Washington College of Law was a significant
positive factor for the Bank’s decision.
MARÍA PEREZ SOLLA, ARGENTINA
Since May 2004, María has been the Legal
Counsel (Asylum and Refugee Law) for the
Ministry of Home Affairs of Austria.
XIAOSHAN (MARCIE) WU, CHINA
Marcie passed the Virginia state bar exam
in February of this year and thanks ILSP and
friends for their support and encouragement.
She plans to open her own law office at Tyson’s
Corner in immigration law and international
business law.
ZHONGZHI GAO, CHINA
Zhongzhi has written a book, entitled
American Evidence Law Nutshell- Relevant
Evidence and Exclusions Thereto (title translated), which was published by Legal Press, a
leading Chinese publisher. This is the first
book in China to introduce American evidence rules in plain Chinese. In addition, he
joined the Tinayuan Law Firm in China as an
attorney, where his first job is to work on a
World bank project in Guangdong. On a
personal note, Zhongzhi and his wife had
their first child on October 4, 2003. His
name is Kevin, and his Chinese name is
Shengyang (meaning “The sun is shining
brightly”) Gao.
Zhongzhi Gao LLM’01, Yingli Hao, LLM ’ 02, and Kevin.
To the right: Book
published by Zhongzhi
Gao, LLM ’01
introducing American
evidence rules in
Chinese.
2001
VIRGINIA D’JESUS, VENUZUELA
Virginia currently works for the U.S.
Hispanic Chamber of Commerce as
Coordinator of International Relations and
Assistant to the President. On November 27,
2004, she will marry Oscar I. Echevarria in
Merida, Venezuela.
PATRICIA MIRANDA, BRAZIL
Patricia was engaged last year to Sean
Douglas Corey, a lawyer at Cleary Gottlieb
Steen and Hamilton in DC. Their wedding
is planned for this September in Simsbury,
Connecticut and a reception is planned for
Brazil in 2005. Patricia continues to work at
the World Bank but moved to the corporate
administration group
Department this January.
in
the
Legal
JÖRG NOBBE, GERMANY
This past January, Jörg began work as a
lawyer at the European Court of Human
Rights in Strasbourg.
GEORGE PAPUASHVILI, REPUBLIC OF
GEORGIA
George Papuashvili has been appointed as
Minister of Justice of the Republic of Georgia.
Mr. Papuashvili studied at WCL through the
Muskie Fellowship Program and had recently
received a grant from the Transnational Crime
and Corruption Center to conduct research
on economic crime in Georgia.
HECTOR SAMUEL PEÑA, MEXICO
In May 2003, Hector earned a Masters
in Public Administration from The George
Washington University. Since last
November, he has been the Foreign
Investment Coordinator of the State of
Nuevo Leon (Monterrey), Mexico. His
daughter, Elba Peña, was born in Houston,
Texas on January 12, 2004.
DEVENDRA PRADHAN, NEPAL
Devendra recently published an article
titled “Corporate Insolvency Law in Nepal” in
the Insolvency and Creditors’ Rights Newsletter
Vol. 14 No. 1, April 2004, published by the
International Bar Association, London.
RODRIGO QUEVEDO, GUATEMALA
Rodrigo’s law firm, Presa, Polanco,
Quevedo, Orantes & Sisniega—Attorneys at
Law, is about to have its third anniversary.
Rodrigo was one of the three partners to establish the firm in 2001. The firm has grown to
five partners. They practice includes Labor, IP,
Contract and Corporate Law.
27
Alumni News
ERICKA REYES-VILLA, BOLIVIA
On February 15 of this year, Ericka had a
baby boy, Erick Nabil Haddadin.
Korea. This course was implemented by the
Korea Trade and Investment Promotion
Agency (KOTRA) and the Korea
International Cooperation Agency (Koica).
2002
Erick Nabil Haddadin, son of Ericka Reyes-Villa LLM’01.
GUILLERMO RIVAS SUREDA, CHILE
After four years in the D.C. area,
Guillermo moved back to Chile and joined
the law firm, Albagli, Zaliasnik & Cía., in
Santiago. An associate attorney, Guillermo
handles all the international relations of the
firm, Albagli, Zaliasnik & Cía Abogados,
focusing on the Intellectual Property area.
SUE TATTEN, U.S.A.
Sue served last year as a Senior Fulbright
Scholar teaching human rights and humanitarian law at the Addis Ababa University
Faculty of Law and conducted research in
Ethiopia and Kenya on the customary legal
and governance system of the Oromo people
who live throughout Ethiopia and in
Northern Kenya. She was recently appointed
as a Foreign Service officer in the Democracy
and Governance Division in USAID.
ILEANA TEJADA, DOMINICAN REPUBLIC
Since April 2003, Ileana has been the
Investor Service Manager of the Center for
Export and Investment of the Dominican
Republic. In November 2003, she won a
scholarship from the Korean government to
participate in a Trade and Investment
Promotion Training Course in Seoul, South
28
BAHA’EDDIN AL-BAKRI, PALESTINIAN
AUTHORITY
Chief of Electoral Affairs, Palestinian
Central Elections Committee, and former
USAID Master’s Degree Scholar, Baha’eddin
al-Bakri, is quoted in the USAID website:
“Building a Palestinian state means building
Palestinian institutions that are independent,
accountable and transparent… Does it adhere
to the rule of law? That is my benchmark.”
IGOR G. BAILEN, PHILIPPINES
Since January 2003, Igor has been Third
Secretary and Vice Consul of the Philippine
Embassy in Paris.
J. XIMENA CÁCERES, COLOMBIA
Emilia, J. Ximena Cáceres’s first daughter,
was born on December 26th, 2003 at Sibley
Memorial Hospital in Washington, D.C.
RAQUEL CANDIDO, BRAZIL
November 8, 2003, Raquel married
Leimar Leitão of Brazil, whom she dated during her studies at WCL.
STEPHANIE DJIAN, FRANCE
Stephanie is currently a representative of
the French National Advisory Commission for
Human Rights in Paris.
MARUQUEL ICAZA, PANAMA
Maruquel married on January 7, 2004 in
Panama City to Mr. Ruben Ortega-Vieto
and has been the Legal Counselor at the
Embassy of Panama in Washington, D.C.
since March 2004.
CHRISTIAN MANCEBO, MEXICO
Christian is working for a mortgage bank,
leading the first project to grant mortgage
loans to Mexican immigrants in the U.S. This
program is backed by the Mexican government. On a personal note, Christian married
in June 2004 in Mexico City with his Spanish
girlfriend whom he met while doing his masters in Washington, D.C.
Maruquel Icaza LLM’02 and Ruben Ortega-Vieto.
ANTONIO MALDONADO, MEXICO
Last year, Antonio established the law firm,
Maldonado Leyva y Asociados S.C. which deals
exclusively in U.S. and Mexican immigration
law with offices in San Diego, California and
Tijuana, Baja California, and Mexico. He was
admitted to the NY Bar in 2003.
THATO SEROTO, SOUTH AFRICA
Thato is currently working at the law firm,
Webber Wentzel Bowens, in Johannesburg.
No longer on staff at University of Cape Town,
he has decided pursue professional practice for
the time being. His present work relates to
international trade law matters, especially
dumping and subsidies investigations.
TOMAS SOCIAS, VENUZUELA
Having worked two years as a consultant
in the procurement policy and coordination
office of the Inter-American Development
Alumni News Continued on back cover
Faculty News
DANNY BRADLOW
• Speaker, “Competing Models of
Development Decision Making and Their
Implications for Human Rights,”
AU/WCL Yonsei Faculty Colloquium on
“Human Rights Law: Current Challenges,”
Yonsei University, Seoul, South Korea,
March 2004.
• Visited Chulalongkorn University and
Thammasat University in Thailand, with
Dean Dinerstein, to better understand their
legal educational system, further WCL’s
relationship with those institutions and host
an LLM alumni gathering, March 2004.
• Panel commentator, “How to Ensure
Coordination
and
Coherence
in
International Law Making: From
Fragmentation to Coherence,” The Third
Conference on Trade and Human Rights,
Washington D.C., sponsored by ASIL,
GULC, and the Max Planck Institute for
International Law and World Trade
Institute, April 2004.
• Workshop Director and Speaker on
“Legal Aspects of Debt Management and
Loan Agreements,” Joint IMF/UNITAR
Workshop for government officials and central bankers from the Central Asian
Republics and Azerbaijan, Dushanbe, and
Tajikistan, December 9-12, 2003.
Assoc. Dean Robert Dinerstein and Prof. Danny
Bradlow in Thailand
considering passage of, or are in the process
of, amending their mental health legislation
to be exposed to the human rights implications of this legislation.
Associate Dean Robert Dinerstein and Professor Daniel
Bradlow with LLM alumni in Bangkok, Thailand,
March 2004.
BOB DINERSTEIN
• Speaker, “Competing Models of
Development Decision Making and Their
Implications for Human Rights,”
AU/WCL Yonsei Faculty Colloquium on
“Human Rights Law: Current Challenges,”
Yonsei University, Seoul, South Korea,
March 2004.
• Visited Chulalongkorn University and
Thammasat University in Thailand, with
Professor Bradlow, to better understand their
legal educational system, further WCL’s relationship with those institutions and host an
LLM alumni gathering, March 2004.
• Invited participant, World Health
Organization
Second
International
Meeting of Faculty, on “Mental Health,
Human Rights, and Legislation,” Geneva,
Switzerland, November 6-7, 2003. The
conference involved a group of about thirty-five international experts on disability
and human rights to discuss the linkage
between human rights norms and mental
health legislation.
• Invited participant and small-group
facilitator, World Health Organization
Second International Training Forum on
“Mental Health, Human Rights and
Switzerland,
Legislation,”
Geneva,
November 10-12, 2003. Participants
included people from countries that are
GARY EDLES
• Coordinater, Dual LLM Program
between Hull University and WCL. The
program enrolled its first student in the
Fall 2003.
• Visited the European Parliament in
Strasbourg as part of a group that included
British law professors and students and as a
guest of the Labour Member of the
European Parliament for Southeast England.
Publication
• “An APA-Default Presumption for
Administrative Hearings: Some Thoughts
on ‘Ossifying’ the Adjudication Process,” 55
Administrative Law Review 787 (2003).
WALTER EFFROSS
Publication
• “Owning Enlightenment: Proprietary
Spirituality in the ‘New Age’ Marketplace,”
(196 pp.) Buffalo Law Review, December
2003. The first of its kind, this analysis
concerns the increasing efforts by “New
Age” teachers of yoga, Reiki, est,
Scientology, and other spiritual disciplines
to resort to intellectual property law to prevent the unauthorized dissemination of
their teachings and techniques.
CHRISTINE FARLEY
• Panelist, “Copyright, Trademark, and
related Forms of Protection,” Workshop on
Negotiating Intellectual Property Provisions
in Free Trade Agreements, co-sponsored by
the Program on Intellectual Property and the
Public Interest (PIPPI) of WCL, Consumer
Project on Technology and the Centro
Interdisciplinario de Derecho Industrial y
29
Faculty News
Economico of Buenos Aires, Argentina. The
workshop was held at the University of
Miami, Florida, November 19, 2003.
CLAUDIO GROSSMAN
• President, College of the Americas
(COLAM), November 2003-2005.
• Panelist, “The Impact of Human
Rights Activism on State Behavior” and
“Human Rights in the International
System: Enforcing Global Governance,”
Latin America Program, Woodrow Wilson
International Center for Scholars, April 13,
2004.
• Panel chair, “NAFTA Investment Law
and Arbitration: The Early Years,”
Conference on NAFTA as a Human Rights
Treaty, American University Washington
College of Law, March 22, 2004.
• Keynote speaker at the Meeting of the
Inter-American Press Association, Los
Cabos, Mexico, regarding the impact of the
Chapultepec Declaration on freedom of
expression in the hemisphere, March 12,
2004.
• Speaker, “Prior Informed Consent:
Emergencies as a Principle in International
Law and Challenges of Implementation at
International, National, and Local Levels,”
American University Washington College of
Law, March 2, 2004.
• Remarks given to the new members
of Inter-American Commission on
Human Rights regarding his experiences
as former President and Commissioner,
February 29, 2004.
• Remarks given at the Inter-American
Defense College on the Inter-American
System of Protection of Human Rights.
(2/26/04)
• Panelist, ABA Conference “Free
Trade and the Environment: Doing
Business in the Americas after the U.S.Chile Free Trade Agreement,” Santiago,
30
Chile, January 20, 2004.
• Key speaker, Panel on Free Trade
Agreements, U.S. Embassy, Santiago, Chile,
January 21, 2004.
• Interviewed by El Mercurio regarding
international legal issues in Latin America,
December 4, 2003.
• Profiled in Washington Jewish Week
regarding his appointment to the United
Nations Committee Against Torture,
December 2003.
• Keynote Speaker, “The Importance of
Becoming Involved in the Inter-American
System,” Inter-American Bar Association’s
Fifth Annual Fall Social, November 4, 2003.
Publication
• “Global Legal Education and Human
Rights,” 11 Human Rights Brief 20 (Spring
2004).
EGON GUTTMAN
• Member, Advisory Committee on
Hague Convention on the Law Applicable
To Certain Rights in Respect of Securities
Held with an Intermediary
• Board of Academic Contributors:
Black’s Law Dictionary-Eighth Edition
• UCC Institute in Chicago: Investment
Securities as Collateral, April
• NASD: Various Arbitrations of
Broker/Dealer Disputes
Publications
• Chapter 6a of Modern Securities
Transfers (Revised third edition)
• “Investment Securities as Collateral”
36 UCC Law Journal 3, Winter 2004.
DAVID HUNTER
• Initiated, with Jim Salzman and
Daniel Bradlow, a new Program on
and
Comparative
International
Environmental Law at WCL, January 2004.
• Chair, The United Nations
Environment Programme’s North American
Civil Society Roundtable Discussion on
Freshwater Resources, December 2003.
• Moderator, Workshop on accountability mechanisms, World Social Forum,
Mumbai, India, January 2004.
Publications
• “Using the World Bank Inspection
Panel to Defend the Interests of ProjectAffected People,” 4 Chicago J. of Int’l Law
201 (2003).
• Planning, Designing and Implementing
Policies to Control Ozone Depleting
Substance Under the Montreal Protocol: A
Handbook of Policy Setting at the National
Level, UNEP, 2003.
• Co-authored with Cristian Opaso
and Marcos Orellana, “The Biobio’s
Legacy: Institutional Reforms and
Unfulfilled Promises at the International
Demanding
Finance
Corporation,”
Accountability, 2003.
JEFFREY LUBBERS
• Served as a lecturer in the International
Law Institute’s two-week training program
for a delegation of Administrative Lawyers
from Tajikistan, who will be drafting a new
Administrative Procedure Act, March 2004.
• Represented WCL at Ritsumeikan
University in Kyoto Japan (sister school of
American University) and taught an introductory course on American Law,
Summer 2004.
BILLIE JO KAUFMAN
• Speaker, “Permanent Public Access to
Government Information in the United
States” at The British & Irish Legal
Education Technology Association’s Annual
Conference, March 2004.
• Library Faculty at the WCL Library
presented legal research workshops to students in the LLM and SJD programs.
Faculty News
CANDACE KOVACIC-FLEISCHER
• Invited participant, The Third Annual
Remedies Discussion Forum, Brandeis
University Law School, Louisville,
Kentucky, November 2003. The Forum was
attended by about 20 people including
some from Australia, Canada and England.
ELLIOTT MILSTEIN
• Speaker, “Indeterminacy, Clinical
Education and the Law School
Curriculum,” Series on The Future of Legal
Education, University of Puerto Rico,
March 2004.
• Spoke at the Association of American
Law Schools Clinical Teachers’ Conference
on the nature of the lawyer-client relationship in International Human Rights Law,
May 2004.
• Spoke at the opening convocation for
the new graduate School of Law at
Reitsumeikan University in Kyoto, Japan,
May 14, 2004.
• Presented a paper entitled, “Clinical
Education as Preparation for Transnational
Lawyering” at the Conference on the future
of legal education in China, City University
of Hong Kong, May 22, 2004.
• Gave a presentation on the role of clinical education in preparing students for
transnational practice at the 2nd AALS
Conference of International Legal
Educators in Honolulu, May 2004.
LLM Reunion with Prof. Milstein in Tokyo, Japan.
From R to L: Masafumi Ono LLM '01,
Nobuyuki Kosuge LLM '01, Prof. Elliot Milstein, Akiko
Okamoto LLM '01, Sinichi Miyoshi LLM '02.
CLAUDIA MARTIN
• Coordinated two seminars in Mexico,
in cooperation with the Human Rights
Program of Universidad Iberoamericana, on
the incorporation of human rights law in
the curricula of law schools in Mexico. In
the first seminar, sponsored by the Law
School of Universidad Marista of Merida,
Mexico, she lectured on the jurisprudence
of the Inter-American Court of Human
Rights, March 18-19, 2004. In the second
conference, sponsored by Universidad
Iberoamericana and the Human Rights
Commission of the Federal District, Prof.
Martin presented on the prohibition of torture in the existing case law of the InterAmerican System, April 29-30, 2004.
• Submitted an amicus curiae brief to
the Supreme Court of Argentina, in partnership with Prof. Rodríguez Pinzón and
CELS from Argentina, regarding the scope
of protection afforded by international
human rights law to the rights of free speech
and association.
• Coordinator, “2004 Human Rights
Award of the Academy on Human Rights
and Humanitarian Law” and participated as
a member of the panel that selected one of
the two winners of this Award.
DIANE ORENTLICHER
• Featured speaker at a “parallel event”
sponsored by the United Nations Office of
the High Commissioner for Human Rights
in Geneva, in conjunction with the consideration by the Commission on Human
Rights of a study on combating impunity
that Prof. Orentlicher prepared for the
Commission, April 8, 2004.
• Quoted in “Who counts the civilian
casualties?”, Christian Science Monitor,
March 31, 2004.
• Participant, international conference
on “Trauma and Transitional Justice in
Divided Societies,” sponsored by the US
Institute of Peace, Airlie House Conference
Center in Virginia, March 27-29, 2004.
• Panelist, “International War Crimes
Prosecutions in Iraq and in the U.S,” sponsored by the American Society of
International Law, Washington, D.C.,
March 26, 2004.
• Participant in meeting on trial of
Saddam Hussein and other Iraqis with members of the Interim Governing Council and
Iraqi jurists in Amsterdam, The Netherlands,
sponsored by the United States Institute of
Peace in cooperation with the Interim
Governing Council, March 21-22, 2004.
• Delivered a lecture at Columbia Law
School on the “Frontiers of Global Justice:
War Crimes Prosecutions From Augusto
Pinochet to Saddam Hussein,” March 11,
2004
• Panelist, “Confronting Challenges to
the Pinochet Precedent and the
Globalization of Justice,” at WCL,
February 3, 2004.
• Interviewed on NPR’s “All Things
Considered” about the trial of Saddam
Hussein, April 1, 2004.
• Quoted in “Trauma and isolation await
many witnesses of UN court at home,”
Agence France Presse, January, 16, 2004.
• Guest on “The Abrams Report,”
MSNBC, on a segment about the interrogation of Saddam Hussein, January, 7, 2004.
DIEGO RODRÍGUEZ-PINZÓN
• Presentations, “Inter-American
Commission on Human Rights,” and
“Human Rights Legal Education in the
Americas,” for the conference Jurisdiccion
Internacional y Derechos Humanos
(International Jurisdiction and Human
Rights), an event co-sponsored by the
Academy on Human Rights and
Humanitarian Law, Washington College of
Law, the Universidad Iberamericana of
31
Faculty News
Mexico DF and the Universidad Marista de
Merida in Merida, Yucatan, March 18-19,
2004.
Publications
• Co-authored with Claudio Grossman,
Gaston Chillier, Felipe Gonzalez, Claudia
Martin and Diego Rodriguez-Pinzon, a
book entitled, Using the Inter-American
System for Human Rights: A Practical Guide
for NGOs. The Guide is published in
English, Spanish and Portuguese and will
serve as a practical reference for human
rights practitioners throughout the
Americas. To be published by The Academy
on Human Rights and Humanitarian Law
and Global Rights, Spring 2004.
• Prepared an Amicus Brief for the
Supreme Court of Argentina jointly with
Claudia Martin and the Argentinian organization Centro de Estudios Legales y Sociales
(CELS), February 2004.
• Contributor, as a correspondent for
the Americas, BUTTERWORTHS HUMAN
RIGHTS CASES, a multi-volume British publication series that reports on recent human
rights cases around the world.
• Regular contributor to the
NETHERLANDS QUARTERLY OF HUMAN
RIGHTS on news regarding the InterAmerican Human Rights System.
TEEMU RUSKOLA
• Panel Chair and speaker, “Law’s
Empire: How the Code of the District of
Columbia Became the Law in the ‘District
of China’,” Annual Meeting of American
Society of Legal History, Washington, D.C.,
November 15, 2003.
• Speaker, “From Confucian Capitalism
to Commodified Communism: Corporate
Governance in China,” Annual Meeting of
American Society of Comparative Law &
Stetson Law Review, Comparative
Corporate Governance Symposium College
of Law, Stetson University in Tampa, FL,
32
October 17, 2003.
• Speaker, “Law’s Empire: The United
States Court for China, 1906-43,” Law and
Society Summer Institute of Boalt Hall,
University of California at Berkeley in
Berkeley, CA, July 18, 2003.
• Speaker, “The Business of Personhood:
Corporations
and
Essentialism
Feminism and Legal Theory Workshop,”
Twentieth Anniversary Meeting, University
of Wisconsin at Madison in Madison, WI,
June 28, 2003.
• Speaker, “Law’s Empire: The Legal
Construction of “America” in the “District
of China,” Private Conference/Roundtable
on Sharing Scholarship in East Asian Law,
Harvard Law School in Cambridge, MA,
May 18, 2003.
• Speaker, “Law’s Empire: The
Introduction of Western International Law
into China,” Eighth Annual LatCrit
Conference, Cleveland, OH, May 3, 2003.
• Member of the Board of Directors of
the American Society of Comparative Law
and the Prize and Scholarship Committee.
Publications
• “Law Without Law, or Is ‘Chinese
Law’ an Oxymoron?”, 11 William & Mary
Bill of Rights Journal 1 (2003)
• Book review of Matthew Sommer’s,
Sex, Law, and Society in Late Imperial
China, 44 American Journal of Legal History
519 (2003).
TOM SARGENTICH
• Gave the lead-off presentation at the
mid-year meeting of the American
Judicature Society in Washington, DC on
“Courts and Congress: Separate and
Equal?” The presentation dealt with the
history, theory and values of the separation
of powers and checks and balances in
American constitutionalism.
JOSHUA SARNOFF
• Panelist, “Industrial Property and
Internet Regulation,” Workshop on
Negotiating
Intellectual
Property
Provisions in Free Trade Agreements, cosponsored by the Program on Intellectual
Property and the Public Interest (PIPPI)
of WCL, Consumer Project on
Technology
and
the
Centro
Interdisciplinario de Derecho Industrial y
Economico (CEIDIE) of Buenos Aires,
Argentina. The workshop was held at the
University of Miami, Florida, November
19, 2003.
JANET SPRAGENS
• Requested to testify (for the third
time) at the annual meeting of the IRS
Oversight Board. Professor Spragens is the
only law professor who has ever been asked
to testify before the Oversight Board.
Testimony subject: Low Income Taxpayer
Clinics, January 2004.
• Speaker, “Earned Income Tax Credit,”
University of Michigan Law School,
March 2004.
• Program Chair and Speaker, The
Sixth Annual Workshop on Low Income
Taxpayer Clinics, co-sponsored by WCL
and ABA Section of Taxation, held at
WCL, May 2004.
• Appointed Chair of the Teaching
Taxation Committee of the ABA Section of
Taxation, beginning in October 2004.
ROBERT VAUGHN
Publications
• Revised version of his book, Merit
Systems Protection Board: Rights and
Remedies, Law Journal Press, Spring 2004.
• Co-authored, “The Whistleblower
Statute Prepared for the Organization of
American States and the Global Legal
Revolution Protecting Whistleblowers,”
Faculty News
The George Washington International Law
Review, Fall 2003.
• Passages from Prof. Vaughn’s articles:
“Civil Service Reform Act,” “Ethics in
Government
Act,”
“Freedom
of
Information Act,” and “Whistleblower
Protection Laws” included in the reference
work, Major Acts of Congress, published by
Macmillan Reference USA, Fall 2003.
LETI VOLPP
• Faculty Workshop, U.C. Santa Clara
School of Law, March 2004.
• Panelist, “Engendering Culture,”
Rockefeller Foundation Conference:
Migration, Immigration, Social Change and
Cultural Transformation, U.C. Riverside,
March 2004.
• Panelist, “Engendering Culture,”
Symposium on Citizenship and Cultural
Difference, Center for the Study of Critical
Analysis and Contemporary Culture,
Rutgers University, February 2004.
• Faculty Workshop, University of
Pittsburgh School of Law, January 2004.
Invited Participant, “Engendering Culture,”
International Workshop, Gendered Bodies,
Modernities
Politics:
Transnational
Reconsidered, Institute for Gender and
Women’s Studies, American University of
Cairo, Cairo, Egypt, December 2003.
• Invited Lecturer, “Engendering
Culture,” Gender Institute, London
School of Economics, London, UK,
November 2003.
• Panelist, “The Body Trade: Migration
and Human Trafficking,” Rethinking
Ideology and Strategy: Progressive
Lawyering, Globalization and Markets,
Northeastern Law School, November 2003.
• Speaker, “Unwelcome Reception:
Shifting Immigration, Refugee and Asylum
Policies After September 11,” Immigration
and Ethnic History Society Conference,
Transcending Borders: Migration, Ethnicity,
and Incorporation in an Age of Globalism,
New York University, November 2003.
RICK WILSON
• Panelist, “International Law and
Practice in American Constitutionalism:
Overview of the Application of
International Law in Domestic Capital
Litigation,” University of Virginia School of
Law, Charlottesville, Virginia, March 2004.
• Closing Remarks, “After Lawrence v.
Texas: Where to From Here?” Fifth Annual
Peter M. Cicchino Awards Program,
Washington College of Law, March 2004.
• Speaker, “The Academic Mission of
Clinical Legal Education and Practical
Steps to Design and Instruction in a Law
School Clinic,” First Nigerian Clinical
Legal Education Colloquium, Open
Society Justice Initiative, Abuja, Nigeria,
February 2004.
• Speaker, “Legal Education through
Clinical Legal Education and Practical Steps
to Design and Pedagogy in a Law School
Clinic,” First University Congress on
Clinical Legal Education and Public Interest
Litigation, Open Society Justice Initiative,
Mexico City, January 2004.
• Panelist, “The Avena Case in the
International Court of Justice (Mexico v.
United States of America): Can
International Law Stop the Death Penalty?”
Co-Sponsored Program of Sections on
International Human Rights, Immigration
Law and North American Cooperation,
Annual Meeting of the Association of
American Law Schools, Atlanta, Georgia,
January 2004.
• Speaker, “Using International Human
Rights Law in Poverty Law Cases in the
Domestic Courts of the United States,”
Annual Convention of the National Legal
Aid and Defender Association, Seattle,
Washington, November 2003.
• Invited Expert on Rule of Law,
“Developing a New Consensus on Fighting
Poverty in the Americas,” Meeting of various entities of the Organization of
American States, Washington, D.C.,
November 2003.
Publications
• “Training for Justice: The Global
Reach of Clinical Legal Education,” Penn.
State International Law Review, forthcoming
2004.
• Chapters on “The Right to Assigned
Legal Assistance under International Law,
Remedies for Violation of the Right to Legal
Assistance under International Law,” and
“Special Issues on Assignment of Counsel in
International and War Crimes Tribunals,”
in Manual for Design and Implementation of
International Legal Assistance Programs for
the Indigent, National Legal Aid and
Defender Association, forthcoming 2004.
• “Growth of the Access to Justice
Movement in Latin America: The Chilean
Example,” Justice Initiatives (Newsletter of
the Open Society Justice Initiative),
February 2004.
• “Can the U.S. Courts Learn from
Failed Terrorist Trials by Military
Commission in Turkey and Peru?” 11
Human Rights Brief 11 (2003).
• “Argentine Military Officers Face Trial
in Spanish Courts,” ASIL Insights,
December 2003.
Award
• Pauline Ruyle Moore Scholar Award,
for “Assigned defense counsel in domestic
and international war crimes tribunals:
The need for a structural approach,” in 2
International Criminal Law Review 145
(2002) awarded by the Washington
College of Law Committee on
Scholarship, April 2004.
33
Alumni News Continued from page 28
Bank, Tomas was recently promoted
to become a procurement specialist.
He will marry on January 7, 2005 in
Caracas, Venezuela.
2003
INAM GHANI, PAKISTAN
A former Humphrey Fellow,
Inam Ghani is now the Senior
Superintendent of Police of the
Security Division Islamabad Capital
Territory—a newly created force of
about 5,600 officers. In this position,
Inam will be responsible for the security of the President, Prime Minister,
Visiting
Head
of
the
States/Governments, local and visiting VIPs, Judges of the Supreme
Court of Pakistan, all foreign diplomates, Ministers apart from the
President house, the Supreme Court,
National Assembly, Senate, Federal
Shariate Court, Foreign missions,
embassies and other offices.
ANA MARINA SANTA CRUZ,
PERU
Humphrey Fellow and LLM
graduate, Ana was recently promoted to Adjunct High Criminal
Prosecutor of the High Prosecutor
Office of Lima, Peru.
SISCA MARGARETH
TANUWIDJAJA, INDONESIA
Sisca is currently employed as the
Legal Officer for PT. MidPlaza
Prima in Jakarta, Indonesia.
2004
FELIX WING, PANAMA
Felix’s JD thesis on the IFC’s
Corredor Sur/Punta Pacifica project
was one of the works selected for the
2003 Development Cooperation
Prize awarded by the Belgian government.
Do you know someone
who would be interested
in the WCL International
Legal Studies Program?
Contact Irene A. Moyer for admissions
information and application.
Tel. 202-274-4114
Email: imoyer@wcl.american.edu
4801 Massachusetts Avenue NW
Washington, D.C. 20016-8189
For information: 202.274.4110
www.wcl.american.edu/ilsp
email: llminfo@wcl.american.edu
AA/EEO
International Legal Studies Program
Washington College of Law
4801 Massachusetts Avenue, NW
Washington, D.C. 20016-8043
202.274.4110
www.wcl.american.edu/ilsp
email: llminfo@wcl.american.edu