CENTRE FOR INTERNATIONAL GOVERNANCE INNOVATION International Law Research Program (ILRP) About CIGI The Centre for International Governance Innovation (CIGI) is an independent, non-partisan think tank focused on international governance. Led by experienced practitioners and distinguished academics, CIGI supports research, forms networks, advances policy debate and generates ideas for multilateral governance improvements. Conducting an active agenda of research, events and publications, CIGI's interdisciplinary work includes collaboration with policy, business and academic communities around the world. CIGI strives to be the world's leading think tank on international governance, with recognized impact on significant global problems. It builds bridges from knowledge to power, by conducting worldleading research and analysis, and influencing policy makers to innovate. CIGI's research programs focus on three main streams: global economy, global security and politics, and international law. Founded in 2001, CIGI collaborates with several research affiliates and gratefully acknowledges support from a number of funding partners, in particular the Government of Canada and the Government of Ontario. International Law Research Program (ILRP) Globalization and the increased interaction and integration of governments, peoples, environments, businesses, technologies, products and ideas present new governance challenges that call for a reassessment, revision and reinforcement of the international rule of law. As a multicultural and multilingual nation of indigenous peoples and immigrants, defined by good governance, rule of law and respect for human rights, Canada is well-positioned to exercise global leadership in improving the international rule of law. With its global and regional networks of influence and an advanced economy reliant on trade and investment, information technology and innovation, and with actual or potential competitive advantage in finance, energy, extractive industries and the environment, Canada has much to contribute and much to gain through improving the globalized rule of law. CIGI’s International Law Research Program (ILRP) is unique in being a non-partisan think tank straddling and leveraging academic, business and governmental perspectives, and focused on understanding and improving international law for better global governance. With funding of $60 Million over ten years from the Province of Ontario and a private donation, the ILRP is located at the award-winning CIGI Campus in uptown Waterloo, Ontario. The ILRP’s vision is to strive to be the world’s leading international law think tank on international governance, with recognized impact on how international law is brought to bear on significant global issues. The ILRP mission is to seek to connect knowledge, policy and practice to build the international law framework - the globalized rule of law - to support international governance of the future. Its founding belief is that better international governance including a strengthened international law framework can improve the lives of people everywhere, increase prosperity, ensure global sustainability, address inequality and safeguard human rights, and promote a more secure world. The ILRP will focus on the areas of international law that are most important to global innovation, prosperity, sustainability and security. Through its International Law Research Program CIGI will provide opportunities for stakeholders in the public and private sectors to collaborate in advancing their knowledge and understanding of international law, and in exploring theoretical approaches to international law and testing them in practice. Benefitting from CIGI’s multi-disciplinary research environment the ILRP will endeavour to find innovative and creative ways for international law to improve global governance. ILRP research will contribute to multi-disciplinary work across CIGI’s other Programs, for example, providing international law support to CIGI research on Internet governance, Arctic governance and Climate change governance. The ILRP will develop concentric circles of knowledge and influence, from local and provincial to national and international spheres, connecting all with cutting edge, relevant and practical international law research and policy advice. As appropriate to further its research agenda the ILRP will engage individual international law experts from academia, the public and private sectors, law faculties and other relevant academic institutions, professional organizations, all levels of government, international governmental organizations, non-governmental organizations and other international institutions. Through its networks of influence the ILRP will produce truly world-class workshops, conferences, reports and policy briefs. It will become an established and internationally recognized international law think tank and centre of excellence focused on global governance. The ILRP envisions employing up to 19 Senior Fellow full time equivalents as research, consulting, and mentoring experts. Complementing this will be a cohort of Research Fellows and Post-Doctoral Researchers, and up to 10 student researcher\practitioners and 20 graduate scholarship recipients. CIGI Campus residency requirements for all graduate scholarship recipients and post-doctoral fellows will deepen and widen future international law research networks. In consultation with public, private and academic sector experts in international and transnational law the ILRP has developed a strategic plan focused on advancing knowledge and understanding in three vital areas of international law, detailed below: international economic law, international intellectual property law and international environmental law. International Economic Law International economic law is a vast field, which for purposes of research focus has been subdivided into three key areas. 1. International Regulation of Sovereign Debt & Cross-border Insolvency Resolution i. Cross-Border Resolution of Insolvency Studying the governance issues and legal frameworks related to cross-border resolution involving global systematically important financial institutions Examining the governance challenges related to cross-border resolution of insolvency - interests and roles of governance institutions e.g. G20, Financial Stability Board, UNCITRAL and UNIDROIT Determining how international law should address governance challenges related to cross-border resolution of insolvency ii. Sovereign Debt 2. Studying the governance issues and legal frameworks related to sovereign debt Examining the governance challenges related sovereign debt - interests and roles of governance institutions e.g. World Bank, International Monetary Fund, European Central Bank, Paris Club, London Club etc. Determining how international law should respond to the governance challenges related to sovereign debt Evolution of Regulation in the Global Value Chain Analyzing how the globalized value chain leads to harmonization of industry, national, and regional voluntary and regulatory standards Assessing developments in domestic tort law and private international law relating to accountability of multinational corporations operating in multiple jurisdictions 3. Examining the dynamics of new actors and new rule-makers in the global value chain, and of the adoption of the UN Guiding Principles on Business and Human Rights Reshaping International Trade & Investment Law Analyzing how well international trade and investment law are responding to urgent global policy challenges such as climate change, global finance, innovation gaps and Internet commerce Determining how well international trade and investment law accommodate investor protection, policy freedom and democratic governance Examining emerging issues in the governance of multilateral and preferential trade agreements Assessing the use of investor-state arbitration in diverse contexts (case studies) International Environmental Law The ILRP’s research in this area aims to advance effective use of science-based national, international and transnational law to protect the environment, reverse climate change and achieve sustainable prosperity. Within each of three sub themes there are many potential avenues to explore: 1. 2. International Environmental Agreements Assessing the efficacy of bilateral or regional environmental agreements versus multilateral environmental agreements through multi-disciplinary research and analysis Addressing international law and governance challenges between competing international legal systems (trade and investment) Extractive Industries and Energy Sectors Analyzing issues pertaining to the transnational extractive industry, including engagement of indigenous peoples and doing business in poor governance regimes Studying the implications for domestic, international, and transnational law and governance from developments in international human rights and sustainable development law. 3. Climate Change Addressing and reversing climate change utilizing domestic, international, and transnational law-based, market-based and human rights approaches (case studies) Exploring regional and international legal frameworks and governance mechanisms to facilitate transition to a low carbon global economy International Intellectual Property Law The ILRP’s study of international intellectual property (IIP) law will focus on four key aspects, but will evolve with the pace of innovation and related international law governance challenges. 1. IP and Green / Climate Change Technology Innovation Investigating how technology innovation and its transfer play a fundamental role in addressing climate change, adapting to it and mitigating its harmful effects Examining how IIP, trade and investment, and environmental law should be reconciled to respond to the global challenge of climate change and sustainable development 2. Adaptation of Legal Frameworks for Innovation Assessing whether IIP law is well-adapted to support innovation Studying emerging, experimental and effective vehicles, tools or models to overcome intellectual property law obstacles and accelerate innovation Examining how international and domestic legal frameworks should be modified to support new vehicles, tools or models of innovation 3. Advantages & Disadvantages of Multilateral versus Regional Intellectual Property Instruments Investigating the impact and efficacy of IIP legal regimes on innovation, sustainability, and development nationally through multidisciplinary methodology and case analysis Evaluating the advantages and disadvantages of multilateral versus like-minded or regional international intellectual property law rules through multi-disciplinary case studies, considering historical, geographic and developmental perspectives 4. Management of Intellectual Property in the Global Market Exploring how national, international, and transnational intellectual property law frameworks and practices can be shaped to serve as tools for enhancing innovation, stimulating the development of new markets and disseminating knowledge to the public Cross-disciplinary Research There are several thematic overlaps between the three CIGI research programs. The ILRP is currently working with the Global Security program on the Global Commission on Internet Governance addressing the different models of governance for ICANN’s future. The overarching goal will be to advance the understanding of potential governance arrangements for the transfer the Internet Assigned Name Authority (IANA) function to the Internet Corporation for Assigned Names and Numbers (ICANN). The research paper seeks to advance recommendations aimed at creating an institutional governance arrangement for the IANA and the Domain Name System which is seen as legitimate, and which adequately incorporates provisions around accountability and transparency. It will seek to explore mechanisms which hold the potential to secure the future of the Internet as a stable, open and responsibly governed platform for economic growth and social innovation. The ILRP is also collaborating with the Global Economy program on governance issues related to cross border insolvency and sovereign debt. Both programs are currently working on a cross-border resolution commentary paper. It is anticipated that going forward there will be increasing opportunities for interdisciplinary collaboration between the three CIGI research programs.