ILI and IUCLS Co-Host a Special Presentation

 

Inter-University Center for Terrorism Studies
Cordially Invites You to Attend
A Special Presentation on

"The Role of Diplomacy in Combatting Terrorism:
Past Lessons and Future Outlook"
 
In the aftermath of the summit meeting between the U.S. and Russian presidents and its implications for global security concerns, an emerging critical question is whether traditional diplomacy can continue to serve as an effective statecraft in combating terrorism. Former distinguished American ambassadors will discuss past experiences and offer recommendations for the Trump administration to further international cooperation.

 

 

Date:
Wednesday, July 25, 2018
4:00 PM to 5:30 PM
Place:
International Law Institute
The Foundry Building
1055 Thomas Jefferson St NW Ste M-100,
Washington, D.C. 20007
Telephone: (202)-247-6006

 

 

Co-Sponsors:                         
  Inter-University
Center for Terrorism
Studies 		    Potomac Institute for
Policy Studies		   Inter-University Center
for Legal Studies 		   Center for National
Security Law,
University of Virginia
School of Law 

 

 

Opening Remarks:

 Professor Don Wallace Jr.
Chairman at the International Law Institute
Moderator: Professor Yonah Alexander
Director, Inter-University Center for Terrorism Studies and Senior Fellow,
Potomac Institute for Policy Studies
Speakers:

Ambassador (ret.) Charles Ray
Former U.S. Ambassador to Cambodia and Zimbabwe
Deputy Assistant Secretary of Defense for POW/Missing Personnel Affairs
Author of “Ethical Dilemmas and the Practice of Diplomacy” (2017)

Ambassador (ret.) Ron Neumann
Former Deputy Assistant Secretary of State
US Ambassador to Algeria, Bahrain, and Afghanistan
Currently: President, American Academy of Diplomacy
Author of “Three Embassies, Four Wars” (2017)
 

 

RSVP is required. Please send name, title and affiliation.
For further information and registration please contact
This email address is being protected from spambots. You need JavaScript enabled to view it. or 703-562-4522

 

 

IUCTS Announces New Report: "Two Decades of Combating Terrorism"

New Report Publication Flyer

ILI Co-Hosts Conference: Professor Marvin Kalb's "The Mystery of Mother Russia"

 

Potomac Institute and International Law Institute
Cordially Invite You to Attend
A Special Presentation on

"The Mystery of Mother Russia"
With Professor Marvin Kalb
 
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Date:
Monday, June 25, 2018
4:00 PM to 5:30 PM
Place:
International Law Institute
The Foundry Building
1055 Thomas Jefferson St NW Ste M-100,
Washington, D.C. 20007
Telephone: (202)-247-6006

 

 

Opening Remarks:

 Professor Don Wallace Jr.
Chairman at the International Law Institute
Moderator: Professor Yonah Alexander
Director, Inter-University Center for Terrorism Studies
Speaker: Professor Marvin Kalb
The conversation with Professor Kalb on “The Mystery of Mother Russia” will include topics such as the power of nationalism, from Khrushchev’s Russia to Putin’s, and challenges of modern Russia. He will discuss his book, “The year I was Peter the Great” the first of his three volume memoir of the world he covered as a Moscow and then a diplomatic correspondent such as the extraordinary year of 1956 in modern Russian history, and the links from one Russian leader to another. This book will be available for sale at the event.

 

RSVP is required. Please send name, title and affiliation.
For further information and registration please contact
This email address is being protected from spambots. You need JavaScript enabled to view it. or 703-562-4522

 

 

IUCTS Announces “Combating Terrorism” – Lessons Learned, Next Decade and Beyond

 

The Inter-University Center for Terrorism Studies announces its 20th Annual Event “Combating Terrorism: National, Regional,
and Global Lessons for the Next Decade and Beyond”

THE INTER-UNIVERSITY CENTER FOR TERRORISM STUDIES
You are Cordially Invited to Attend
The 20th Annual Event
"Combating Terrorism: National, Regional,
and Global Lessonsfor the Next Decade and Beyond"

 

Date:
Monday, April 30, 2018
2:00 PM to 4:00 PM
Place:
The National Press Club
529 14th Street NW, 13th Floor, Holeman Lounge
Washington, D.C. 20045
(Metro Center Station, Orange/Silver/Blue/Red Line)

 

Co-Sponsors: Inter-University Center for Terrorism Studies International Center for Terrorism Studies, at the Potomac Institute for Policy Studies Inter-University Center for Legal Studies, at the International Law Institute Center for National Security Law, University of Virginia School of Law

 

Opening Remarks:

 Michael S. Swetnam
CEO and Chairman, Potomac Institute for Policy Studies
Moderator: Professor Yonah Alexander
Director, Inter-University Center for Terrorism Studies, and Senior Fellow, Potomac Institute for Policy Studies
Speakers: The Honorable Guy Roberts
Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs
Professor Rita Colwell
Distinguished University Professor at the University of Maryland, College Park and the Johns Hopkins University Bloomberg School of Public Health, and Senior Fellow at Potomac Institute for Policy Studies
Carl Gershman
President of the National Endowment for Democracy; formerly, Senior Counselor to the United States Representative to the United Nations
Professor Marvin Kalb
Edward R. Murrow Professor Emeritus at Harvard University's Kennedy School of Government, senior advisor to the Pulitzer Center on Crisis Reporting, and nonresident senior fellow at the Brookings Institution
Closing Remarks: General Alfred Gray, USMC (Ret.)
Twenty-Ninth Commandant of the United States Marine Corps; Senior Fellow and Chairman of the Board of Regents, Potomac Institute for Policy Studies

 

RSVP is required. Please send name, title and affiliation.
For further information and registration please contact Sharon Layani at
This email address is being protected from spambots. You need JavaScript enabled to view it. or 703-562-4522

ILI Announces IIEL Colloquium on: Tools in Aid of Arbitration: Swiss/US Perspectives

IIEL
 Swiss US

 

The International Law Institute is eager to announce Georgetown University Law Center's Institute of International Economic Law [IIEL] Colloquium:

SUBJECT: Procedural Tools in Aid of Arbitration: Swiss/USA Perspectives.


ISSUES:

     [i]    Attachment of assets [in Switzerland; and as compared with US]
     [ii]   Judicial assistance in aid of an arbitration proceeding abroad [“Swiss Section 1782”]
     [iii]  Enforcement of arbitral awards [in Switzerland; and as compared with laws of the US] 
  


DATE:           Monday 19 March 
TIME:           12:00 PM - 2:00 PM
LOCATION:   600 New Jersey Ave., N.W., Washington
                     Eric E. Hotung International Law Building
                     Hotung Faculty Dining Room - - 2ND Floor 

FORUM MODERATOR:

ANNE-MARIE WHITESELL


Anne Marie Whitesell is Professor, LL.M. Program and Faculty Director, Program on International Arbitration and Dispute Resolution at Georgetown University Law Center in Washington D.C.  Prior to joining Georgetown, she practiced with the law firm Dechert LLP in Washington and Paris. Ms. Whitesell was Secretary General of the ICC International Court of Arbitration from 2001 to 2007. She also previously taught at the Université de Paris I, the Institut de Droit Comparé and Georgetown. Ms. Whitesell has practised with law firms in both the United States and in France, and has acted as arbitrator and counsel in numerous international arbitration cases. She serves as a member of various boards and committees related to dispute resolution and is the Director of the Alternative Dispute Resolution Center of the International Law Institute. Ms. Whitesell received her A.B. from Smith College, her J.D. from the University of Virginia School of Law and her Doctorate in Law from the Université de Paris I, Panthéon-Sorbonne. She is admitted to the New York State Bar, the District of Columbia   Bar and the US District Courts for the Southern and Eastern Districts of New York.


FEATURED SPEAKERS:

DR. FRANZ X. STIRNIMANN FUENTES     [Froriep Law] 


Franz has up to 20 years' experience in international dispute resolution and Swiss commercial and white collar criminal law.  

He has acted as counsel and arbitrator (also presiding arbitrator) in some 60 international arbitrations (both commercial and investor-State) and up to 50 court proceedings in Switzerland and other countries. He also has an active white-collar criminal law practice and regularly advises on cross-border transactions subject to Swiss law as well as in Swiss labor and employment matters.

Franz is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and a ranked individual in leading legal directories:

Chambers Global 2018: "Franz Stirnimann has a wealth of experience in arbitration matters, including disputes stemming from construction and supply agreements, real estate issues and partnership rights. He also assists with investor-state arbitration. Clients highlight 'his deep understanding of arbitration' and the fact that he is 'brilliant and thorough in his analysis'."

Chambers Europe 2018: "Franz Stirnimann focuses on arbitration and litigation. He advises on commercial and investor-state disputes and is experienced in the construction, energy, pharmaceuticals, automotive and financial services sectors. One source states: 'He can spot issues quickly and rightly gives a lot of confidence'."

Who's Who Legal International 2018: "Franz Stirnimann is a clear leader in the field and has acted as counsel and arbitrator in disputes involving a range of industry sectors, including energy, construction and finance."

Who's Who Legal Switzerland 2018: "Franz Stirnimann Fuentes stands out as 'one of the best names in the Swiss arbitration market' where he is recognized for the 'impressive quality of his work', most notably in relation to cases involving Latin American parties'."

Franz is both civil and common law trained and admitted to practise in Geneva,  England & Wales, and New York. He holds a Doctor of Laws from the University of Zurich (Dr. iur., summa cum laude, Professor Walther Hug Prize, 2003); a Master of Laws from Georgetown University (LL.M., with distinction, Professor Heinrich Kronstein Scholar and Fellow of the Swiss National Science Foundation, 2001); and a License in Law from the University of Fribourg and Durham University in the UK (lic. iur., Erasmus Scholar, 1996). He is also an Alumnus of the International Leadership Program of Georgetown University Edmund A. Walsh School of Foreign Service (class of 2003), and has been a lecturer at University of Lucerne, Universidad del Pacífico in Peru, and Universade Federal de Santa Catarina in Brazil, amongst others.

Franz regularly publishes and gives panel presentations in his fields of work. He is listed on the panels of arbitrators of a number of arbitral institutions (ICC, SCAI, LCIA, WIPO, CIMA, AIAC, CAIC, CCL, CEAR-CBHE, etc.) and is a member of numerous professional associations (CIArb, ASA, CEA, LCIA, IAI, ALARB, OdAGE, SAV/FSA, NYBA, ABA, Law Society of England & Wales, etc.) as well as of a number of boards of academic institutions and law journals in Switzerland; Peru and the USA.


PROFESSOR DAVID STEWART      [Georgetown University Law Center] 

Professor Stewart joined the faculty following his retirement from the U. S. Department of State, where he served as Assistant Legal Adviser for Private International Law.  Previously he had been Assistant Legal Adviser for Diplomatic Law and Litigation, for African Affairs, for Human Rights and Refugees, for Law Enforcement and Intelligence, and for International Claims and Investment Disputes, as well as Special Assistant to the Legal Adviser. Before joining the government, he was in private practice with Donovan Leisure Newton & Irvine in commercial and antitrust litigation. He was Adjunct Professor for over 25 years and received Georgetown's Charles Fahy award for distinguished adjunct faculty teaching in 2003-2004.

Prof. Stewart is President of the American Branch of the International Law Association and a member of the Board of Editors of the American Journal of International Law as well as the Secretary of State's Advisory Committee on Private International Law. The American Law Institute selected him to serve as one of the Reporters working on the Restatement (Fourth), Foreign Relations Law of the United States. He previously served on the Executive Council of the ABA's Section of International Law and the Executive Council of the American Society of International Law. From 2008-2016 he was a member of the Inter-American Juridical Committee, which advises the Organization of American States on juridical matters of an international nature and promotes the progressive development and codification of international law.

Professor Stewart co-directs the Global Law Scholars Program, directs the Center on Transnational Business and the Law, and teaches courses in public and private international law, foreign relations law, international immunities, international criminal law and civil litigation. He co-edited the multi-volume Digest of U.S. Practice in International Law for the years 1990-2003, and authored The Foreign Sovereign Immunization Act: A Guide for Judges (2013) as well as the Nutshell on International Criminal Law (2014). With Professors Luban and O'Sullivan, he co-authored International and Transnational Criminal Law (Aspen 2nd ed., 2014), and is a co-author of the Nutshell on International Human Rights (5th ed.) in 2017. He served to Major, U.S. Army Reserves in military intelligence. 

DMITRY A. PENTSOV    [Froriep Law] 


Dmitry’s specialisms include banking and finance, international arbitration (with a particular focus on Russia and other republics of the former USSR), corporate and commercial (especially international joint ventures and cross-border transactions governed by Swiss law) and international private client law (wealth transfer and structuring, including trusts, acquisition of aircraft and real estate and relocation to Switzerland).

He has been an associate in our Geneva office since 2006 and became a Partner in 2016. He has extensive legal experience in Russia and other republics of the former Soviet Union. He has represented foreign investors in joint-venture projects with local companies (banking, oil, gas and other natural resources, transportation, real estate, telecoms), as well as domestic and foreign purchasers, sellers and brokers in connection with the purchase and sale of securities, custodial relationships, creation of investment funds and institutions, and brokerage contracts.  He acted as a counsel in international arbitration (ICC, Swiss Rules, VIAC, amongst others) in various disputes, arising out of the international sale of goods, joint venture agreements as well as distribution agreements. He also acted as counsel in the CAS arbitration.

Prior to joining Froriep, Dmitry has worked as legal counsel for one of the largest Russian natural resource companies, as legal counsel for a major New York-based commodities trading company, as an associate at the Moscow office of a leading US law firm, and as a legal officer at the International Labour Standards Department of the International Labour Office, a U.N. specialized agency. While working at the ILO, Dmitry dealt with the application of the international labour standards and national legislation on seafarers, fishers and working time

Chambers Global (2014, 2015 and 2016) ranked him as leader in the fields of Banking & Finance Russia and Switzerland.

He has a law degree from St Petersburg State University (1993), where he also gained a Candidate of Legal Sciences degree in 2000. In 1995 he obtained an LLM from Georgetown University Law Center (Edmund S. Muskie Fellowship, awarded by the United States Information Agency) and a Bachelor of Laws (2006) and Master of Laws (2008) from the University of Geneva. Dmitry is admitted to the Bar in the State of New York (2001), in the Russian Federation (St. Petersburg City Bar Association) (2001) and in Switzerland (2013) (ranked 2nd at the Geneva Bar Exam).

He has published two books and more than fifty articles on various aspects of international arbitration, trusts, international financial markets and bankruptcy, commercial and international employment law.  Dimitry is a member of the Geneva Bar Association, of the New York State Bar Association and the St Petersburg City Bar Association .


GAELA GEHRING FLORES       [Arnold & Porter Kaye Scholer LLP]


Gaela Gehring Flores concentrates her practice on international arbitration and litigation matters. She represents both multinational corporations and sovereign states in International commercial and investment arbitrations before the International Centre for Settlement of Investment Disputes (ICSID), the International Chamber of Commerce (ICC) International Court of Arbitration, the International Centre for Dispute Resolution (ICDR/AAA), and in litigation and appellate proceedings before US federal courts. She advises clients in a broad range of disputes, including energy, natural resources, construction, hospitality, transportation, sovereign debt instruments, government contracts, and intellectual property. Ms. Gehring   Flores also provides legal services to private sector and sovereign clients on enforcement of arbitral awards, effective contractual dispute resolution clauses, and a variety of public international law issues, including foreign sovereign immunity and discovery in international proceedings. Ms. Gehring Flores' practice capitalizes on her broad experience and her native   Spanish skills and bicultural background.

Ms. Gehring Flores serves as Co-Chair of the District of Columbia Bar International Dispute Resolution Committee, and has been recognized as one of the American Lawyer's "Top 45 under 45" Top Women Lawyers in the Am Law 200, a leading practitioner of international arbitration in publications such as Chambers USA, Chambers Global, Chambers Latin America, The Legal 500, Global Arbitration Review, Latin Lawyer 250, and Euromoney, among others.

 

  froriep    ILI Logo Moto   

ILI Sponsors an Upcoming Conference Organized by the ABA’s Section of International Law

 

The 2018 Investment Arbitration & Trans-Pacific Transactions Conference

Singapore, May 10-11, 2018

ILI's Investment Center Co-Director, Ian Laird, is scheduled to be a panelist at the conference.  Topics to be covered include:

  • State Experience In The Prevention Of Investment Treaty Disputes And The Improvement Of State Readiness For Investment Arbitration
  • Choice Of Rules For Resolution Of Investment Disputes
  • Preliminary And Jurisdictional Objections
  • Regulatory Powers And Defenses On The Merits Concerning Claims Of Expropriation And Violation Of Fair And Equitable Treatment
  • Quantum As Part Of The State’s Strategy To Articulate An Effective Defense In Investment Arbitration

Registrations details can be found at: https://shop.americanbar.org/ebus/ABAEventsCalendar/EventDetails.aspx?productId=296454598

 

 

ILI Hosts Chinese Judges Delegations from Guangdong and Guangxi

 

The International Law Institute was honored to host two programs recently for judges from Guangxi and Guangdong provinces of China under the direction of the Supreme People’s Court of China.

Titled “The System of Witnesses Appearing in Court in Criminal Cases,” the 6-member Guangdong delegation was led by Judge HONG Shiquan, Vice President of the High People’s Court of Guangdong Province. ILI trainings included the observation of court procedures at the District of Columbia Superior Court, lectures led by Dr. James Apple on witness procedure and protection, and a meeting with Judge Lyn Leibovitz from the District of Columbia Superior Court to discuss witness testimony in criminal trials and the identification, examination and impeachment of witnesses.

 

DSC01499
Guangxi Chief Judges Meeting with Scott Harris, Clerk of the Supreme Court of the United States

 

The Guangxi delegation, led by Judge HUANG Hongbo of Guangxi Laibin Intermediate People’s Court and consisting of 17 members, focused on the access to court information and trial procedure. In the training, they attended lectures on introduction to the U.S. legal system; judicial accountability; judicial transparency, the role of media and trust in judges and courts; selection of judges in the District of Columbia; alternative dispute resolution and mediation; court reports and access to information; access to justice and its role in judicial transparency and accountability; court information and reporting; administrative law courts; responsibilities of bars working with judges; judicial disabilities and tenure. The program also included site visits to the District of Columbia Superior Court, Federal Judicial Center, District of Columbia Bar, District of Columbia Commission on Judicial Disabilities and Tenure, Supreme Court of the United States, United States District Court for the Southern District of New York and United States Bankruptcy Court for the Eastern District of New York.


20180119 121404   DSC01454

 

ILI most respectfully acknowledges the immeasurable expertise, contributions and program support from James Apple, International Judicial Academy; Judge Lyn Leibovitz and Judge Vanessa Ruiz, District of Columbia Superior Court; Michael Cedrone, Georgetown University Law Center; Judge Alexander Williams; Stephen Wermiel, American University Washington College of Law; Ronald Flagg, District of Columbia Judicial Nomination Commission; Jeannie Adams, Multi-door Division of the District of Columbia Superior Court; Nancy Drane, District of Columbia Commission on Access to Justice; AnnaMaria Steward, District of Columbia Bar; D.C. Bar CEO Robert Spagnoletti, President Patrick McGlone, and President-elect Esther Lim; D.C. Court of Appeals Chief Judge Anna Blackburne-Rigsby; and D.C. Superior Court Chief Judge Robert Morin; Catherine Hudgins, District of Columbia Commission on Judicial Disabilities and Tenure; Scott Harris, Supreme Court of the United States; Judge Sidney Stein, U.S. District Court for the Southern District of New York; Judge Elizabeth Strong, U.S. Bankruptcy Court for the Easter District of New York.

Special appreciation to ILI Associates, Mr. HUANG Qifan, Ms. WANG Jue, Ms. Alex Casale, and Ms. Jillian Skoniecka.

Program development and oversight by Robert Sargin, ILI-Deputy Director and Dr. James Apple, Director-ILI's International Judicial Academy.

 

RELATED ARTICLE:

DC Bar: http://www.dcbar.org/about-the-bar/news/visit-from-delegation-of-chinese-judges.cfm 

ILI Partners with International Finance Corporation [IFC - World Bank Group]

  

ili ifc
From IFC Fady Zeidan, Ethiopis Tafara, and from ILI Prof. Don Wallace Jr. and Robert Sargin
 
 
Reprinted from International Finance Corporation 
 

December 1, 2017 — IFC Legal Department has teamed up with the International Law Institute (ILI) to create the “Certificate Program for Legal Skills in Private Sector Financing.” The program seeks to strengthen legal skills of in-house counsel within private and public sector organizations so that they are better equipped to expand private sector financing in emerging markets.
 
Insufficient institutional and regulatory capacity in emerging markets is a key challenge to IFC's goal of scaling up private sector solutions to address development challenges. The program aims to develop a cadre of lawyers and policy makers who understand the role and importance of private sector financing in promoting development. Its curriculum focuses on international best practices in private sector financing, particularly in private infrastructure projects and concession-related contractual structures.
 
“Legal professionals and policymakers across emerging markets are our great allies in creating the right conditions to channel private sector funding and ingenuity to essential development needs,” said Ethiopis Tafara, IFC VP for Legal, Compliance Risk and Sustainability, and General Counsel, at the signing ceremony with ILI.
 
The program is designed for mid-career and senior-level professionals working in public or private sector organizations who are directly involved in designing and negotiating policies to increase private sector investment and drafting and negotiating government contracts and authorizations required to implement private sector investments and development solutions.
 
The Program will be a one-week intensive residential course designed to equip participants with skills to understand legal, regulatory and commercial issues relating to private sector financing, so that they will be in a better position to lead private sector finance development initiatives in their respective countries. The Program will be offered to selective groups, on demand, in different locations globally about twice a year, starting with Colombo, Sri Lanka. IFC Legal and ILI will also seek to partner with local organizations to help them establish local training programs to deliver greater impact over the long.
 
ILI is an independent non-profit organization based in Washington D.C. It is a leading provider of training and technical assistance to public and private organizations in areas including financial and legal aspects of private participation in infrastructure. ILI draws on a very large network of technical consultants, alumni, faculty and advisors to tailor training solutions that balance scholarly training and practical case studies with global best practices.
 
 

 

 

ILI Joins Belts and Road International Law Association

 

International Law Institute is very pleased to announce that it has been invited and has accepted to be a founding member of the new Belt and Road International Lawyers Association [BRILA] established this year by the All China Lawyers Association [ACLA].

Founded in 1986, the All China Lawyers Association [ACLA] is the bar association of the People’s Republic of China. The aim of the ACLA is to unite and educate its members to protect the dignity of the Constitution and law; to be faithful to the legal profession and abide by professional ethics and rules of conduct; to defend lawful rights and interests of its members; to enhance professional competence of lawyers; to strengthen professional self regulation in order to promote sound development of the legal profession and endeavor to build up socialist state with rule of law and to develop social civilization and progress. It has 31 provincial branches and over 330,000 individual members.

In 2013, China launched policies to increase trade and international development throughout 50 countries, known as the Belt and Road Initiative. Projects carried out under this framework will expand international cooperation and development with over one hundred participating and vested countries and international associations.

To enhance international legal cooperation and exchange, ACLA has established BRILA, a non-governmental, non-profit professional international association comprised of lawyers, law firms, bar associations and international partners. It will serve as a platform to promote exchange and cooperation between participating members; enhance communication between parties; and improve commercial and trade relations.

ILI conducts programs with government entities worldwide.  Since 1978, ILI has worked closely with China on matters involving economics, law, infrastructure, trade, investment, intellectual property, and training of government officials, legal practitioners, and private sector officers.  In 2017 ILI and ACLA partnered to train a senior level delegation of foreign-oriented Chinese lawyers, who will likely be involved directly with Belt and Road matters.
[http://www.ili.org/about/news/850-ili-welcomes-all-china-lawyers-association.html]

ILI is pleased to have been invited to join as a founding member of such a prestigious and forward looking bar association as BRILA.  As with each of ILI’s country relations, we are humbled to participate and provide technical input to support international economic development and prosperity through the rule of law.

ILI and ICC Announce the Release of Business Guide to Trade and Investment

ICC Trade Investment sm

Click HERE to order the book

 

The International Law Institute is pleased to announce the publication of “Business Guide to Trade and Investment”, Volume 1 – International Trade, edited by Arthur Appleton and Patrick Macrory, and published by the International Chamber of Commerce ICC, in partnership with the International Law Institute. This volume introduces business interests to the international and regional rules applicable to trade in goods and services as well as to aspects of trade such as intellectual property rights and dispute settlement. The second volume, to be published in early 2018, will cover investment agreements.

According to John Donilovich, Secretary General, International Chamber of Commerce For over forty years, “In this volume business executives will find a wealth of insights on the rules and institutions that govern international trade today and what they mean for their global growth strategies.” Patrick Macrory, who is the Director of the International Trade Law Center at the ILI, has worked in international trade and cross-border transactions globally for over forty years. Considered an expert in the field of trade, Mr. Macrory has litigated, advised and trained officials and practitioners globally on international trade matters, with specific focus on trade remedies and customs law.


Interview with Mr. Patrick Macrory about: “Business Guide to Trade and Investment”


Why did you write this book?

There are many books on trade and investment written for lawyers by lawyers. But there are very few books, if any, written for business and government officials who are not lawyers.


How do you see the book being used?

The purpose of the book to help businesses understand how they can take advantage of trade and investment agreements, by removing barriers to their exports, by proving relief against imports that are harming them, or by protecting their foreign investments. For example the book includes a case study of how the US and European liquor industries used trade agreements to get rid of highly discriminatory tax treatment, favoring local producers, in a number of countries, including Japan, Colombia, India, and Chile.


Do you see this book being used by trade associations or by individual companies themselves?

Both. The book is published by the International Chamber of Commerce and will be made available to country chambers of commerce and their members internationally. It is designed for commercial sectors of country members of the WTO or those operating within bi-lateral and regional trade agreements and whose members wish to open markets, better understand competition, and work more intelligently to protect their investments.


Do you see this as primarily a US-centric publication or is this taking into consideration international standards?

The book is about international law standards (although these standards are incorporated into the domestic law of each WTO Member). We expect that the book will be used worldwide.


What are some of the specific topics that you address in this book?

All the areas are important, but different groups will be more interested in some parts than others. For example, a business that is exporting a lot will be most interested in learning how it can use the agreements to break down trade barriers. Conversely, a producer that is facing competition from imports will be more interested in learning about trade remedies. A business with overseas investments will focus on the type of protection that it may receive under international investment agreements.

The first volume deals with trade. It discusses the World Trade Organization, how it came into being, what it does, the rules that it applies that are so fundamental to trade, and the quite effective way in which it resolves disputes between its members. This volume also discusses the remarkable growth of regional trade agreements, which now account for more than half of world trade. The second volume, which will be published early in 2018, deals with international investment agreements, of which there are now well over 2,000. They are designed to protect foreign investors against unfair treatment by the host governments, such as expropriating their property without compensation.

Specific issues in Volume 1 include:

Fundamental rules governing international trade
Customs Issues
Non-Tariff Barriers
Rules related to subsidies
Trade remedies
Trade in agriculture
Government procurement
Trade in Services and Intellectual Property Rights
Dispute Settlement in the WTO and regional trade agreements
Case studies showing how particular industries have leveraged rules to open foreign markets or to protect themselves from injurious imports


What are some of the areas within your book that you think would be meaningful in terms of cross border transactions?

One important topic is the so-called “trade remedy”, which allows an industry that is being harmed by imports to obtain relief in the form of higher duties (or occasionally quotas). This is a very controversial subject, as witnessed by the fact that nearly half of the over 500 disputes handled by the WTO have involved trade remedies. The book describes the practical steps business needs to take to obtain this relief.


Trade is a fairly technical topic. How is the book drafted so that it is understandable?

We asked all the contributors to write in simple, straightforward English (and to avoid using Latin where possible).


Does the reader need to have a background in trade or international business to profit from reading from this book?

I would hope not, though someone with that background might get more out of the book. We try to present the subject step by step, with practical tips (in bold typeface) along the way. It is written in a way that is meant to be very accessible.


Does the book provide resources for the reader for further information or international or government websites that might help direct them towards more specific information?

Yes, the chapters are heavily end-noted with references to books, articles, etc. And we provide links to useful WTO and government websites.


What do you wish the readers to take away from your publication?

An understanding of how they can utilize trade and investment agreements to further their business interests in a fair and controllable way.


Can you tell me about the publisher of the book?

The International Chamber of Commerce is based in Paris and the International Law Institute, Washington, DC.


Who is the International Chamber of Commerce and why is it important?

With a global network of over 6 million members in more than 100 countries, the ICC promotes international trade, responsible business conduct and a global approach to regulation.

ICC Book PM

Patrick Macrory, Joaquin Avendaño, Economic Affairs,
Embassy of Mexico in Washington, DC and
ILI Program Manager, Carlos Davila
discussing trade issues

 

Mr. Macrory has served as Co-Chairman of the International Trade Committee of the American Bar Association; served as Visiting Associate Professor of Political Science at the International Christian University in Tokyo, Japan; taught trade law courses at the Washington College of Law at American University and the University of London; He also teaches regularly at the International Law Institute’s headquarters in Washington, D.C., and at its affiliates in Uganda, Egypt, Turkey, and Nigeria. He has also taught in, Beijing, Korea, China, Canada, Saudi Arabia, India, Nepal, Switzerland, Kyrgyzstan, the Bahamas, Jordan, Barbados,, ,the Dominican Republic. Botswana, Rwanda, Uganda, Zambia, Tanzania, Malawi, and Myanmar. Mr. Macrory designed and delivers courses for the Foreign Service Institute (the teaching arm of the U.S. State Department) to instruct foreign service officers and other U.S. government officials on monitoring compliance with the WTO and other trade agreements. In 2003 he advised the People’s Bank of China on WTO aspects of banking law reform. In 2004 he led a team that provided WTO training to 250 senior Chinese judges. Mr. Macrory has worked on two projects with the Pacific Islands Forum Secretariat, the first in connection with the extension of the Pacific Island Countries Trade Agreement to trade in services, and the second in connection with the negotiation of an Economic Partnership Agreement with the EU. He assisted the Government of Botswana in its preparation for the negotiation of a services chapter to the free trade provisions of the Southern African Development Community. Mr. Macrory was Editor-in-Chief of a major work on the World Trade Organization, titled ‘The World Trade Organization -Legal, Economic, and Political Analysis”. The book contains more than eighty chapters and 3000 pages, providing comprehensive legal, political, and economic analyses of the WTO, written by many of the leading academics, practitioners, and government officials in the world. Drawing on his expertise, Mr. Macrory co-directed the development of this publication to teach best practices in international trade.