Draft November 2, 2011 Managing North American Security: Where Do We Go From Here? NORTH AMERICAN CONSORTIUM ON LEGAL EDUCATION GEORGE WASHINGTON UNIVERSITY LAW SCHOOL NOVEMBER 10-12, 2011 Jacob Burns Moot Courtroom George Washington University Law School 2000 H Street, NW Washington, DC 20052 1 INFORMATION TO NACLE WORKSHOP PARTICIPANTS All Workshop sessions will be held at GW Law School, 2000 H Street, NW, Washington, DC, in the Jacob Burns Moot Courtroom, unless otherwise noted. The hotel for NACLE faculty and students is One Washington Circle Hotel, a 10 minute walk to the workshop venue at GW Law School . NACLE faculty members must register on the NACLE website (www.nacle.orq) to assure complimentary hotel accommodations. Non-NACLE faculty should contact the hotel directly. For more information on One Washington Circle Hotel, see http://www.thecirclehotel.com 2 Thursday, November 10 Afternoon/Arrival One Washington Circle Hotel 1 Washington Circle, NW Washington, DC 20037 7:30 p.m. Welcome Reception Circle Bistro at One Washington Circle Hotel Friday, November 11 8.00 a.m. Registration and Continental Breakfast 8:45 a.m. Welcoming Remarks Professor Stephen Zamora University of Houston Law Center Associate Dean Susan Karamanian, GWU Law School 9.00 a.m. Opening Plenary Session U.S. Approaches to North American Security: A Conversation with Douglas J. Letter, Terrorism Litigation Counsel, US Department of Justice 10:00 a.m. Plenary Session Transnational Organized Crime and Terrorism from a Regional Perspective Moderator: Josê Antonio Caballero (CIDE) — iose.caballerocide.edu Presenters: Josè Antonio Caballero (CIDE) Vanda Felbab-Brown (Brookings Institute) Eric Olson (Woodrow Wilson Institute) Juan Salgado (CIDE) Participants will discuss how transnational organized crime and terrorism affect regional security and efforts to confront them. The focus will be 3 Friday, Nov. 11 (cont.) on identifying the problems that the three NAFTA countries face in this area. Topics include the national security dimensions of due process, human rights and migration; transnational organized crime; trafficking in firearms, persons and drugs; collaboration between state agencies, and areas where collaboration is not working; and the Merida Initiative, As a starting point, the session may begin by addressing the current debate in Mexico over the Bill to reform the National Security Act, including questions regarding the role of Armed Forces in facing organized crime as well as the proposed regulation's impact on due process and human rights. One anticipated outcome of the session is the establishment of a research network on issues related to transnational organized crime and terrorism from a regional perspective. 11:00 a.m. Break 11:15 a.m. Concurrent Sessions Concurrent workshop sessions are designed to maximize the exchange of ideas. For this reason, presenters are referred to as "discussants," to encourage interplay between the leader of the discussion and other NACLE participants. IF YOU ARE WORKING IN ANY OF THE FOLLOWING AREAS, AND WISH TO PARTICIPATE ACTIVELY IN ONE OF THESE SESSIONS, PLEASE CONTACT THE CONVENOR DIRECTLY. Cybersecurity and Privacy (Room: Stockton 304) Convenor: Dawn Nunziato (GWU) - dnunziato@law.gwu.edu Identifies the risks of cyber disruptions of critical infrastructure, including but not limited to digital infrastructure; ideas for how to implement a comprehensive cross-border approach to strengthen the resilience of our shared digital infrastructure, including enhancing the security of our integrated communications networks; existing initiatives in the Canada, the United States and Mexico to deal with threats to cybersecurity; and implications of cybersecurity initiatives for privacy and due process. 4 Friday, Nov. 11 (cont.) Human Rights, National Security and Immigration Status: Convergence and Conflict The focus for this session is the relevance or role of human rights in enabling security in the context of migration and border issues. This focus will be explored from a variety of perspectives, including how human rights protections align with and diverge from state security and economic interests; how exclusion practices that are intended to promote security may undermine it; and how ignoring the human rights of some groups may relate to the ‘success’ of organized crime. These perspectives will draw upon examples such as the situation of undocumented trans-migrant workers within a state, and persons who are flagged as raising security concerns. Speakers include Jennifer Bond (Ottawa), Gerhald Niedrist (EGAPITESM) & Constance MacIntosh (Dalhousie) International Trade and North American Security (Room: Stockton 305) Convenor: Tony VanDuzer (Ottawa) — Vanduzer@uottawa.ca Features a panel on the work of the Beyond the Border Working Group on enhanced border cooperation between Canada and the United States. The report will set out strategies to enhance Canada/US cooperation with the goals of improving security in both countries while facilitating the cross-border movement of goods and Speaker: Deborah Myers, Director of Canadian Affairs, US Department of Homeland Security Commentators: Professors Armand de Mestral (McGill) and Gabriel Cavazos-Villanueva (ITESM), Steve Charnovitz (GWU), Luis Ricardo Rodriguez Meneses (ITESM) and Salvador Behar of the Mexican Ministry of the Economy will address the merits of the plan and the feasibility of extending it to the United States-Mexico Border. 5 Friday, Nov. 11 (cont.) 12:30 p.m. Luncheon Michael K Young Faculty Conference Center, Burns 505 "Securing North America and the Challenge to Individual Rights and Liberties" Professor Jeffrey Rosen, GW Law School and Legal Affairs Editor of The New Republic 2:00 p.m. NACLE Student Essay Competition - Presentations of awardwinning papers by NACLE students, with commentary from NACLE faculty on each paper [Jacob Burns Moot Courtroom] Lucas Gifuni, McGill University, Montreal "The CEC Council’s Discretionary Decision-Making under Article 15 of the NAAEC and its Legality under International Law" Rachel Godley, Dalhousie University, Halifax "Stand up, Turn around, Lie down: California’s Proposition 2 and the Canadian Perspective on Farm Animal Welfare Law" Juan Pablo Hugues Arthur, CIDE, Mexico City "National Treatment of North American Investment in Mexico: A NAFTA Chapter XI case study" Florence Sauvé-Lafrance, University of Ottawa "L’arbitrage International Entre Investisseurs et États, Incohérence et Manque de Légitimité" Jennie Simmons, University of Arizona "The Hague Convention’s Unforeseen Development: Perpetuating the Subordination of Domestic Violence Victims" Ricardo Ortiz-Platas, Universidad Panamericana, Mexico City "Propuesta de cooperación trilateral en materia de competencia económica para fortalecer a la Comisión Federal de Competencia" Magda Sanchez, ITESM, Monterrey "Gambling Regulation in the NAFTA Countries: A Comparative Analysis" 5:00 p.m. 7.30 p.m. Adjourn Dinner Kellari Taverna, 1700 K Street, NW, Washington DC 20006 202.535.5274 http://kellaridc.com/ 6 Saturday, November 12 9:00 a.m. Plenary Session "How Can We Make North America Secure?" Professor Robert Pastor, Director of the Center for North American Studies, American University; author of The North American Idea (Oxford UP, 2011) Commentator: Laura Spitz, Miller Thomson/UBC 10.00 a.m. Transnational Pedagogy and Research: Best Practices V i r t u a l N A C L E - Report on initiatives taken, including NAFTA in Trilateral Perspective Elizabeth Trujillo (Suffolk) and Tony VanDuzer (Ottawa) NACLE - CEC project - Lee Paddock (GWU) and Tracy Hester (Houston) 10:45 a.m. Break 11:00 a.m. Concurrent Workshop Sessions — Roundtable on Collaborative Cross -border Teaching a n d L e a r n i n g Activities (Stockton 304) Small group discussions to develop ideas for cross-border teaching initiatives, with an emphasis on developing specific projects to promote student interaction among NACLE members. 7 Saturday, Nov. 12 (cont.) Environmental Law – Working Session of the NACLE – CEC project (Stockton 301). Environmental law professors from NACLE law schools held a workshop in Montreal, at the headquarters of the North American Commission on Environmental Cooperation (CEC — www.cec.orq), to develop a multi-year project that will engage NACLE professors and students in an objective, critical assessment of the citizen submission process employed by the CEC pursuant to the environmental side agreement to NAFTA. The citizen submission process permits individuals or groups to seek a review by the CEC of complaints concerning lack of enforcement of environmental laws in Canada, Mexico or the United States. Interested NACLE professors or students will discuss the CEC project. Lee Paddock (GWU) (lpaddock@law.gwu.edu) Tracy Hester (Houston)( tdheste@uh.edu) are the co-chairs of the project. Other interested faculty participating in the session include Stephen Charnovitz (GWU), Jamie Benidickson (Ottawa), Will Amos (Ottawa), Julio Cruz (Monterrey Tec) and Armand de Mestral (McGill) 12:30 p.m. Lunch Discussion of Issues and Challenges in promoting NACLE Student Exchanges Michael K Young Faculty Conference Center, Burns 505 1:30 p.m -3.00 pm NACLE Annual Business Meeting (NACLE Faculty and Administrative Representatives and other interested faculty and students) Michael K Young Faculty Conference Center, Burns 505 7:00 p.m. “Commencement Dinner/Celebration” Primi Piatti, 2013 I St. NW Washington, DC 20006 202.223.3600 -- http://www.primipiatti.com DINNER SPONSOR: LEONARD B. ROSENBERG CHAIR, UNIVERSITY OF HOUSTON LAW CENTER 8