DRAFT (July 7)
(the times and placement of events is subject to change)
Full Programme
Conference Papers will be published on: SSRN
THURSDAY, JULY 8th
13:00 Registration Open
SIEL Network/Other IEL Organizations’ Meetings/Panels
13:00-14:00 SIEL’s Women in International Economic Law (WIEL) Meeting
Co-convenors:
Dr. Freya Baetens, Assistant Professor of Public International Law, Grotius Centre for International Legal Studies, University of Leiden
Tracey Epps, Senior Trade Law Adviser, New Zealand Ministry of Foreign Affairs & Trade
14:00-15:00 Africa Region Roundtable
Convenor: Tomer Broude, Hebrew University of Jerusalem
14:00-15:00 Australia & New Zealand IELG
Convenor: Tania Voon, Associate Professor, Melbourne Law School, University of Melbourne
14:00-15:00 RED Latin America
Co-Convenors:
José Manuel Álvarez Zárate, Universidad Externado de Colombia, Bogotá
Dr. Holger Hestermeyer, Head of Research Group, Max Planck Institute for Comparative Public Law and International Law
Topics:
1) El Estado de la Integración Latinoamericana (José Manuel Álvarez).
2) Avances, estado actual, organización administrativa y proyectos de la RED DEI-IEL, discusión abierta (Michelle Grando, Holge Hestermeyer y José Manuel Álvarez)
(languages Portuguese & Spanish)
15:00-15:15 Coffee
15:15-16:15 Asia IEL Network
Co-Convenors:
Junji Nakagawa, University of Tokyo
Douglas Arner, University of Hong Kong
15:15-16:15 Joint meeting of the European Society of International Law – Interest Group of Int’l Economic Law &
the American Society of International Law - IELG Meeting
Co-Convenors:
Mary E Footer, University of Nottingham, Fernand Braudel Senior Fellow, European University Institute, and ESIL-IELIG co-Chair
Carlos Espósito, Autonomous University of Madrid, Spain
Tobías Stoll, University of Goettingen, Germany
Gregory Shaffer, University of Minnesota, Law School
Topics:
1) ESIL IEL Granada Conference on the International Law of Financial Markets: Governance and Security of April 2010 – Report and Update
2) ASIL IEcLG Univ. of Minnesota Conference (Nov 18-20, 2010) on International Economic Law on a Time of Change: Reassesing Legal Theory, Doctrine, Methodology and Policy Prescriptions
3) Organizational matters
16:15-17:45 International Investment Law Network
‘Contemporary Issues’ in International Investment
Dr Federico Ortino, King’s College, London, United Kingdom (“Treaty interpretation: ‘object and purpose’”)
Dr Christina Knahr, University of Vienna, Austria: (“Disqualification of arbitrators in investor-state disputes”)
Dr Alex Mills, University of Cambridge, United Kingdom (“Conceptions of public and private in international investment law”)
Dr Markus W Gehring, University of Ottawa, Canada (“Investment, trade and climate change”)
Chair: Kate Miles, University of Sydney, Australia
16:15-17:45 International Financial and Monetary Law Network
Co-Convenors:
Douglas Arner, Director, Asian Institute of International Financial Law (AIFFL) & Professor, Faculty of Law, University of Hong Kong
Rolf H. Weber, University of Zurich Law School
Takis Tridimas, School of Law, Queen Mary, University of London
Mads Andenas, Professor, Faculty of Law, University of Oslo, and Institute of Advanced Legal Studies, School of Advanced Study, University of London
Opening Ceremony
Buses will be available from 17:30 to 17:50 at the Faculty of Law to take participants to the Saló de Cent for the Formal Welcome and the Hudec Lecture and Reception (attendees may also make their own way there).
Return to the IELPO venue, after the reception at 21:00, for those that wish, will be by public transportation (with guidance by IELPO staff). There are two metro lines nearby: Line 3 (Green Line) metro stop Liceu, and Line 4 (Yellow Line) metro stop Jaume I. There are also many bus lines available nearby: 14, 17, 19, 40, 45, 59, 91.
The Saló de Cent, however, is perfectly situated next to one of the main restaurant areas for those wishing dinner (not provided by the conference), following the Reception (light snacks).
More information on the venue and how to get there here
18:00-18:30 FORMAL WELCOME BY THE SIEL
Donald M. McRae - President SIEL, Hyman Soloway Chair in Business and Trade Law, Law Faculty (Common Law Section), Univ. of Ottawa & Member, UN International Law Commission
Meredith Kolsky Lewis, Co-Executive Vice-President, SIEL; Victoria University of Wellington, New Zealand
Colin B. Picker, Co-Executive Vice-President, SIEL; Univ. of Missouri Kansas City School of Law (until July 2010) & Law Faculty, University of New South Wales, Sydney, Australia (2010 onwards)
FORMAL WELCOME BY THE IELPO Programme
Ramon Torrent, Director of the International Chair WTO/Regional Integration and its IELPO LLM Programme, University of Barcelona, Spain
18:30-19:45 THE ROBERT HUDEC LECTURE:
Joseph H. H. Weiler, Joseph Straus Professor of Law and European Union Jean Monnet Chair at NYU School of Law (“Constituting a Global Economic Public Space”)
19:45 Robert Hudec Lecture Reception (Venue: Saló de Cent)
Reception Sponsored by Morrison & Foerster LLP
FRIDAY, JULY 9th
9:00-10:30
Panel I: Multilateralism Revisited Promoting Coherence in International Investment through a Secondary Law Approach
WTI/ICTSD Roundtable Format
Chair: Marie Wilke, ICTSD
Dr. Lluis Paradell, Freshfields Bruckhaus Deringer LLP
Elisabeth Tuerk, United Nations Conference on Trade and Development
Roberto Echandi, Ambassador of Costa-Rica to the European Union, Belgium and Luxembourg
Sabine Konrad, K&L Gates LLP
Discussant: Katja Gehne, WTI
Concurrent with
Panel II: Perspectives on IEL & the Environment
Chair: Nathalie Bernasconi-Osterwalder, Senior International Lawyer and Head of Program, Investment and Sustainable Development, IISD
Sungjin Kang, Cleary Gottlieb, NY (“Carbon Border Tax Adjustment From WTO point of view”)
James Harrison, Associate Professor, School of Law, University of Warwick (“Reflections on Linkage Debates: A Case Study of Trade and Climate Change”)
Dr. Adriana Dantas Counsel, King & Spalding LLP (“The intersect between Climate Change and Agriculture Policy: managing potential risks to agriculture trade liberalization”)
Dr. Margaret Young, Senior Lecturer, Melbourne Law School, University of Melbourne (“Regime Interaction: Climate Change & Trade”)
Concurrent with
Panel III: Perspectives on IEL and IP
Chair: Tony Taubman, Director, Intellectual Property Division, WTO (invited)
Michelle Ratton Sanchez Badin (Direito GV, Brazil) (“The international trade regime and policy space safeguards in Brazil: an analysis of the intellectual property’s and the trade finance domestic regulation”)
Branislav Hazucha Assistant Professor, Hokkaido University’s School of Law. (“International Technical Standards and Essential Patents Between Barriers to Trade and Obstacles to the Transfer of Technologies”)
Concurrent with
Panel IV: Perspectives on IEL & Africa
Chair: Dr Gerhard Erasmus, Professor, Senior Research Fellow, Trade Law Centre for Southern Africa (TRALAC), Stellenbosch, South Africa
Laurence Boulle, Director, Mandela Institute & Issy Wolfson Professor of Law, & Nokuhle Madolo, Senior Researcher, Mandela Institute (at the School of Law, University of the Witwatersrand, Johannesburg), (“The 2009 South Africa/Zimbabwe Investment Bilateral – Competing Pressures”)
Teresa Thorp, Managing Director, Insight International, a Trade & Development NGO (“Challenges of Incorporating the Economic Acquis Communautaire of the EAC in a New Common Market”)
Jill Juma, Kenya (private practice) (“The legal and economic implications of EPA’S in Kenya’s trade arena”)
10:30-11:00 Tea/Coffee
11:00-13:00
Panel V: Contemporary jurisdictional problems in Investor-State arbitration
Moderator: Pierre-Marie Dupuy, Professor, Graduate Institute of International and Development Studies – Geneva; Unversité de Paris 2.
Galina Zukova, Counsel at the Secretariat of the ICC International Court of Arbitration (Paris), & Associate Professor at the Riga Graduate School of Law (Latvia) (“ICC Practice in Matters of States’ Jurisdictional Objections”)
Dirk Pulkowski, Legal Counsel, Permanent Court of Arbitration (PCA), The Hague (“Risks of Competing Jurisdiction: Investor-State Arbitration and State-to-State Proceedings”)
Aloysius Llamzon Legal Counsel, Permanent Court of Arbitration (PCA), The Hague & Professorial Lecturer (on leave), Ateneo de Manila University Law School (the Philippines). (“Treating Corruption as a Jurisdictional Issue in Investor-State Arbitration: Promise and Limits”)
Julie A. Maupin, Independent consultant in international economic law & PhD candidate, Graduate Institute of International and Development Studies, Geneva (“Jurisdiction based on MFN clauses: is there any hope for a consistent approach?”)
Karim Youssef, Associate Professor of Private & International Law at Cairo University (“The unreasonable complexity of jurisdiction in investor-state arbitration”)
Concurrent with
Panel VI: Patent Infringements, Legitimate Trade And Access To Essential Medicines: A Case study On Conflicting Regimes And Ways For Reconcilation In International Law
Chair: Jayashree Watal, Counsellor, Intellectual Property Division, WTO (invited)
Laurence Helfer, Duke Law School (“The Human Right to Health and Seizures of Generic Medicines in Transit”)
Henning Grosse Ruse – Khan, Max Plank Institute for Intellectual Property, Competition and Tax Law, Munich (“The Territorial Reach of Border Measures under EU Law, TRIPS and ACTA”)
Discussant: Dr Holger Hestermeyer, Head of Research Group, Max Planck Institute for Comparative Public Law and International Law
Concurrent with
Panel VII: Towards a WTO Framework Agreement on Trade in Energy
Chair: Dr. Thomas Cottier, Professor of European and International Economic Law and director of the NCCR Trade Regulation and leader of Work Package Climate Change Research, Bern.
Dr. Luca Rubini, Lecturer in Law, Deputy-Director of the Institute of European Law Birmingham Law School, Birmingham.
Sadeq Z Bigdeli, LL.M. (Harv.) Fellow, WTI (Bern); Lecturer in Law, Waikato School of Law (NZ)
Dr. Joelle de Sépibus, Senior Research Fellow, WTI, Brussels.
Sofya Matteotti-Berkutova, Research Fellow and doctoral student, WTI, Bern.
Dr. Yulia Selivanova, Legal Officer, European Energy Charter Secretariat, Brussels.
13.00-14:30 Lunch
14:30 -15:30 PLENARY: Dispute Resolution in IEL
Key Note: Giorgio Sacerdoti, Professor of International Law, Bocconi University, Milan and Former Chairman, Appellate Body of the WTO (“From Law Professor to WTO Appellate Judge and ICSID Arbitrator: Similarities and Differences from the Bench”)
Distinguished Discussant: Loretta Malintoppi, Of Counsel, Eversheds LLP (Paris); Vice-President of the International Court of Arbitration of the International Chamber of Commerce
15:45-17:15
Panel VIII: Perspectives on International Investment Law
Chair: Ko-Yung Tung, Senior Counsellor, Morrison&Foerster LLP, and Visiting Scholar, Yale Law School
Dr Martins Paparinskis, Hauser Research Scholar, New York University (“Investment Protection Law And Systemic Integration Of Treaty And Custom”)
Celine Levesque, Associate Professor, Faculty of Law, University of Ottawa (“How sweet is it? NAFTA’s sugar cases and the challenges facing international investment law”)
Tarcisio Gazzini, Associate Professor, Faculty of Law, VU University Amsterdam (“Drawing the line between non-compensable regulatory powers and indirect expropriation of foreign investment: an economic perspective”)
Concurrent with
Panel IX: Perspectives on IEL Governance
Chair: Amelia Porges
Maria Cristina d’Ornellas, Centro Universitário Franciscano and Centro Universitário Ritter dos Reis, Brazil, and Natália Siqueira, Centro Universitário Ritter dos Reis, Brazil (“The role of private sector in the disputes submitted to the WTO: A comparative perspective between the Brazilian and the European model”)
Juanita Olaya, Director Basel Institute on Governance (“Good Governance and International Investment Law: The challenges of transparency and corruption”)
Fiammetta Borgia, Lecturer in International law, University of Rome “Tor Vergata” (“New Governance Mechanisms in International Economic Law: the Role of Soft Law”)
Fabrizio Pagani, Senior Political Advisor to the Secretary General of the OECD (“The 2009 great global governance and regulatory overhaul?”)
Concurrent with
Panel X: Perspectives on RTAs
Chair: Ramon Torrent, Director of the International Chair WTO/Regional Integration and its IELPO LLM Programme, University of Barcelona, Spain
Marion Panizzon, Assistant Professor in International Law, World Trade Institute/University of Bern, (“Free movement in economic partnership agreements: Reconciling Trade and Non-Trade Migration Agreements?”)
Ling Ling He, PhD Candidate, School of Law, University of Western Sydney (“In the shadow of Australia – China Free Trade Agreement Negotiation: Obstacles and Policy Suggestions”)
Kamala Dawar, Formerly – University of Amsterdam, Faculty of Law (“Disconnection clauses: another symptom of regionalism?”)
Nicole D. Foster, Lecturer, Faculty of Law, University of the West Indies, Barbados (“CARICOM and the Challenge of Governance in International Trade”)
17:15-17:45 Coffee
18:00-19:00 SIEL GENERAL MEETING
Convenors:
Meredith Kolsky Lewis, Co-Executive Vice-President, SIEL; Victoria University of Wellington, New Zealand
19:30 Informal Social Event
(Details to be provided in Barcelona)
SATURDAY, JULY 10th
9:00-11:00
Panel XI: African perspectives on trade and agriculture
Martha B. Hailu, Addis Ababa University, Ethiopia (“Food security and agricultural trade liberalization”)
Hilton Zunckel, Trade Law Chambers, Cape Town, South Africa (“Correcting the international legal architecture for food aid”)
Chisomo Kapulula, Bremen International Graduate School of Social Sciences, Germany (“The Politics of Export Subsidies under the WTO Framework: Impact on African Agricultural Trade?”)
Tilahun Esmael, Haramaya University & Gashahun Lemessa, Jimma University, Ethiopia (“Market access for agricultural products from Africa: Assessing the AoA, SPS and TBT”)
Fikremarkos Merso, Addis Ababa University, Ethiopa (“Biotechnology and Africa’s Agriculture”)
Commentators: Melaku Geboye Desta, University of Dundee, United Kingdom and Christian Tietje, Martin-Luther-University Halle-Wittenberg, Germany
Panel convenor: Prof. Dr. Markus Krajewski, University of Potsdam/University of Bremen, Germany
Concurrent with
Panel XII: Financial & Monetary Law Perspectives
Chair: Douglas Arner, Director, Asian Institute of International Financial Law (AIIFL) & Professor, Faculty of Law, University of Hong Kong
Mads Andenas, Professor, Faculty of Law, University of Oslo, and Institute of Advanced Legal Studies, School of Advanced Study, University of London & Dr. Pietro Poretti, Officer, Trade Relations Division, European Free Trade Association (EFTA) (“Bailout Policies For The Financial Services Sectort And WTO And EU Rules: Assessment And Analysis”)
Annamaria Viterbo, Assistant Professor in International Law, Faculty of Law, University of Torino, Italy (“The Return of Capital Controls as Emergency Tools to Counter Financial Crises. Iceland’s Crisis and the Constraints Imposed by the EEA Agreement”)
Guo Huachun, Law School of Xiamen University, China. (“Systemic Risks and the Legalization of Accountable Financial Regulation”)
Jane Kelsey, School of Law, University of Auckland, New Zealand (“Are trade in financial services instruments an impediment to restoring financial stability?”)
Concurrent with
Panel XIII: The International Climate Change Regime and Multilateral Trading Rules: A Latin American Perspective
Moderator: Ricardo Meléndez-Ortiz, Chief Executive, ICTSD
Valentina Durán, Environmental Law Centre, Faculty of Law, University of Chile (“A Legal View on Border Tax Adjustments”)
Fabio Morosini, Professor in Law, Federal University of Rio Grande do Sul, Brazil (“Regime Relations-Common but Differentiated Responsibilities in the WTO”)
Ingrid Jegou, Senior Programme Officer, International Centre for Trade and Sustainable Development (“Economic and Development Implications in Latin America”)
Rodrigo Polanco, Faculty of Law, University of Chile (“A Legal View on Border Tax Adjustments”)
Concurrent with
Panel XIV: Perspectives on IEL & Development
Chair: Moshe Hirsch, Director of the International Law Forum, Faculty of Law & Department of International Relations, Hebrew University of Jerusalem
Lorand Bartels, Cambridge University & Christian Häberli, World Trade Institute (Bern University) (“Bound preferences under the WTO Enabling Clause”)
Ilze Dubava, Ph.D candidate, European University Institute (“Reconciling International Investment Law and Sustainable Development: Necessity or Luxury?”)
Dr Priscilla Schwartz, Lecturer in Law, Coordinator of CELI Research in Law and Development- School of Law , University of Leicester (“Rules System and Legal Perversion: Feign Cooperation or Trading Development?”)
Henry Gao, Singapore Management University (“The WTO Technical Assistance and Capacity Building Program: A Report from the Field”)
11:00-11:30 Coffee/tea
11:30-13:00
Panel XV: Negotiating and Complying with WTO Commitments
Discussant/Chair: Don Regan, William W. Bishop, Jr. Collegiate Professor of Law, University of Michigan
Sonia Elise Rolland, Assistant Professor, Northeastern University School of Law, Boston (“Redesigning The Negotiation Process At The WTO”)
Shin-yi Peng Professor & Director, Institute of Law for Science and Technology, National Tsing Hua University, Taiwan (“Renegotiate the WTO ‘Schedules of Commitments’?-Technological Change and Treaty Interpretation”)
Dr Derk Bienen, Managing Partner, BKP Development Research & Consulting and Adjunct Associate Professor, Addis Ababa University & Mamo E. Mihretu, Associate BKP Development Research & Consulting (“The Principle of Fairness and WTO Accession – An Appraisal and Assessment of Consequences”)
Dr Krzysztof J Pelc, Postdoctoral Fellow, Niehaus Center, Princeton University (“Eluding Efficiency: Why Do We Not See More Efficient Breach at the WTO?”) [Winner 2009 SIEL/CUP Essay Prize]
Concurrent with
Panel XVI: Trade and Investment in Comparative Perspectives
Chair: Jürgen Kurtz, University of Melbourne; Fernand Braudel Senior Fellow, European University Institute
Dr. Nicolas F. Diebold, Associate, Froriep Renggli, Zurich (“Non-discrimination and the pillars of international economic law: comparative analysis and building coherency”)
Anastasios Gourgourinis Ph.D., Faculty of Laws, University College London (UCL); LL.B., LL.M. (University of Athens) (“Lex Specialis in WTO And Investment Protection Law”)
Nicolás Marcelo Perrone, PhD Student, London School of Economics; Assistant researcher, Centre of Interdisciplinary Studies of Industrial and Economic Law (University of Buenos Aires). (“Scrutinising States’ power in a liberalised world: A comparative analysis of the international investment and international trade systems”)
Locknie Hsu, Associate Professor and Associate Dean School of Law, Singapore Management University (“2000-2009: A Decade of Security-Related Developments in Trade and Investment”)
Concurrent with
Panel XVII: Perspectives on IEL Dispute Resolution
Chair: Xavier Fernández Pons, Professor, Faculty of Law, University of Barcelona, Spain
Meredith Kolsky Lewis, Victoria University of Wellington, NZ (“Lessons from the Zeroing Cases”)
Tomer Broude, Hebrew University, Israel (“Settling International Development Disputes through Conciliation”)
Bradly J. Condon, Professor of International Trade Law and a Founding Director of the Centre for International Economic Law at the Instituto Tecnológico Autónomo de México (ITAM) (“Lost in Translation: Plurilingual Interpretion of WTO Law”)
Concurrent with
Panel XVIII: Approaches to International Economic Law: History, Ideology & Method
Chair: Professor Debra P Steger, Faculty of Law, University of Ottawa
Gregory Shaffer, University of Minnesota and ASIL-IELIG co-Chair (“Transnational Legal Process and State Change: Opportunities and Constraints”)
Mary E Footer, University of Nottingham, Fernand Braudel Senior Fellow, European University Institute and ESIL-IELIG co-Chair (“Researching the Role of Soft Law in International Economic Relations: Some Lessons from Applying a Socio-Legal Approach”)
Luis M Hinojosa-Martínez, University of Granada and ESIL-IELIG Member (“Economic Reasoning in International Economic Law Adjudication”)
Anne van Aaken, University of St. Gallen and ESIL-IELIG Member (“Opportunities and Limits to an Economic Analysis of International Economic Law”)
13:00-14:30 Lunch
14:30-16:00 PLENARY Session: Development & IEL
Key Note: Gabrielle Marceau, Counsellor, Legal Affairs Division of the WTO (“The Evolution of the Development Challenge”)
Distinguished Discussant: Atul Kaushik, Director, CUTS Geneva Resource Centre
16:00-16:30 Coffee
16:30-18:00
Panel XIX: Perspectives on IEL and China
Chair: Julia Ya Qin, Associate Professor of Law, Wayne State University Law School
Jun XIAO, Associate Professor, Whuan University Institute of International Law, Wuhan, China (“The ASEAN-China Investment Agreement: A Regionalization of Chinese New BITs”)
Marcia Harpaz, PhD Student (former government trade negotiator) Hebrew University, Israel (“China’s Compliance-Plus Anti-Dumping Policy”)
Tania Voon & Andrew Mitchell, Associate Professors, Melbourne Law School, University of Melbourne (“Open for business? China’s telecommunications service market and the WTO”)
ZHANG Weiwei (Ms.), Master of Laws in International Economic Law and Policy (LL.M. IELPO), University of Barcelona (“Driving the GATS Forward: A Chinese Perspective”)
Concurrent with
Panel XX: Perspectives on Investment
Chair: Todd Weiler, Investment Treaty Expert, Counsel & Arbitrator (www.treatylaw.com)
Prabhash Ranjan, Assistant Professor, NUJS, Kolkata, India, Presently on leave to pursue PhD at King’s College London, (“Capital Transfer Provisions in Indian Investment Treaties and India’s Regulatory Discretion”)
Barnali Choudhury, Assist. Prof, McGill (“Exceptions Provisions As A Gateway To Incorporating Human Rights Issues Into International Investment Agreements”) (paper accepted)
Karen Halverson Cross, Professor of Law, The John Marshall Law School, Chicago (“Converging trends in BIT Practice”)
Claus D. Zimmermann, Doctoral Candidate, University of Oxford (“The promotion of transfer-of-funds liberalization across international economic law”)
Concurrent with
Panel XXI: Perspectives on IEL and Health and Safety
Chair: Krista Nadakavukaren, Professor of International Law and International Economic Law, University of Basel, Switzerland
Dr. Won-Mog Choi, Professor of Law, Ehwa Womans University, Korea (“Mad-Cow Disease and Politics in International Economic Law – A Korean Experience for the World”)
Dr. Arthur E. Appleton, Partner, Appleton Luff – International Lawyers (Geneva); Board Member, World Trade Institute (Berne) & Dr. Claudio Dordi, Associate Professor, Department of Law, Bocconi University (“Certificates of Free Sale: Who Are We Protecting from Whom?”)
Dr. Tracey Epps, Senior Trade Law Adviser, New Zealand Minister of Foreign Affairs & Trade (“Weaving an international regulatory mosaic: what role do free trade agreements play in the governance of health and safety”)






