Write On! Call for Submissions: Summer ’17 Issue of Trade, Law and Development

Call for Submissions: Summer ’17

 The Board of Editors of Trade, Law and Development [TL&D] is pleased to invite original, unpublished manuscripts for publication in the Summer ‘17 Special Issue of the Journal on Recent Regionalism (Vol. 9, No. 1). The manuscripts may be in the form of Articles, Notes, Comments, and Book Reviews.

TL&D aims to generate and sustain a democratic debate on emerging issues in international economic law, with a special focus on the developing world. Towards these ends, we have published works by noted scholars such as Prof. Petros Mavroidis, Prof. Mitsuo Matsuhita, Prof. Raj Bhala, Prof. Joel Trachtman, Gabrielle Marceau, Simon Lester, Prof. Bryan Mercurio, Prof. E.U. Petersmann and Prof. M. Sornarajah among others.

TL&D also has the distinction of being ranked the best journal in India across all fields of law and the 10th best trade journal worldwide by Washington and Lee University, School of Law for five consecutive years (2011-15) [The Washington & Lee Rankings are considered to be the most comprehensive in this regard].

 

For more information, please go through the submission guidelines available at www.tradelawdevelopment.com or write to us at editors@tradelawdevelopment.com.

 

Last Date for Submissions: February 15, 2017

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Nuevo libro para abogados hispano- y angloparlantes/New Book for Lawyers Who Speak Both Spanish and English

(English version follows)

Tres mujeres y profesoras de derecho: S.I. Strong de la Universidad de Missouri (Estados Unidos), Katia Fach Gómez de la Universidad de Zaragoza (España) y Laura Carballo Piñeiro de la Universidad de Santiago de Compostela (España) tenemos el honor de presentar el libro Derecho comparado para abogados anglo- e hispanoparlantes: Culturas jurídicas, términos jurídicos y prácticas jurídicas/ Comparative Law for Spanish-English Speaking Lawyers: Legal Cultures, Legal Terms and Legal Practices  (Edward Elgar Publishing Ltd., 2016). Este trabajo supone una plasmación por escrito de algunas de las características más relevantes de nuestras carreras profesionales: trayectorias académicas y de práctica de la abogacía internacional desarrolladas en español e inglés, y en estrecho contacto con las comunidades jurídicas latinoamericana, europea y estadounidense. En consonancia con ello, la obra que hemos elaborado permite que abogados y estudiantes de derecho que hablan inglés y español adquieran fluidez jurídica en un segundo idioma. Realizar dicho esfuerzo es extremadamente importante no sólo para abogados especializados en derecho internacional, sino también para abogados dedicados al derecho nacional pero que tratan con clientes cuya lengua materna es un idioma extranjero.

La forma en que “Derecho comparado para abogados anglo- e hispanoparlantes” involucra a abogados y estudiantes de derecho en la práctica jurídica bilingüe es única por diversos motivos. En primer lugar, y dado que la mayoría de los abogados bilingües trabajan con otros abogados y con clientes que cuentan con unos orígenes legales y culturales muy variados, el libro no se limita a analizar unas jurisdicciones concretas. Por el contrario, el libro ofrece información sobre diversos países hispanoparlantes (fundamentalmente, España y México) y angloparlantes (fundamentalmente, Estados Unidos y Reino Unido). En segundo lugar, la monografía contextualiza la información, no sólo ubicando el nuevo vocabulario y los principios legales en el contexto lingüístico apropiado –el libro es completamente bilingüe-, sino también ofreciendo abundantes comparaciones con la legislación y la práctica de otras jurisdicciones. En tercer lugar, este tipo de análisis permite que los abogados y estudiantes de derecho aprecien las diferencias existentes en las culturas jurídicas, empresariales y sociales relevantes. Ello ayuda a los lectores a no incurrir en ofensas que puedan derivarse de problemas de comunicación involuntarios. El libro también explica por qué existen dichas diferencias y cuál es su fundamento en un contexto jurídico determinado.

Profundizar en la comprensión a través de barreras nacionales, sociales y culturales es un objetivo esencial de un mundo cada vez más pluralizado. Derecho comparado para abogados anglo- e hispanoparlantes es una herramienta muy útil para aquellos que trabajan cruzando fronteras lingüísticas. Como este libro de 700 páginas demuestra, no hay que temer a las diferencias, sino que hemos de alegrarnos de que la diversidad jurídica y lingüística exista.

***

unnamedThree law professors – S.I. Strong of the University of Missouri, Katia Fach Gómez of the University of Zaragoza and Laura Carballo Piñeiro of the University of Santiago de Compostela – have the honor of presenting their new book, Comparative Law for Spanish-English Speaking Lawyers: Legal Cultures, Legal Terms and Legal Practices / Derecho comparado para abogados anglo- e hispanoparlantes: Culturas jurídicas, términos jurídicos y prácticas jurídicas (Edward Elgar Publishing Ltd., 2016).  This work reflects some of the characteristics that are most relevant to our professional careers as academics and practitioners working in both English and Spanish, and involving jurisdictions in Latin America, Europe and the United States.  Consistent with that, the book that we have written helps lawyers and law students who speak Spanish and English become legally fluent in their second language.  This effort is extremely important not only for specialists in international law, but also for domestic lawyers whose clients speak different languages.

 

Comparative Law for Spanish-English Speaking Lawyers: Legal Cultures, Legal Terms and Legal Practices / Derecho comparado para abogados anglo- e hispanoparlantes” introduces lawyers and law students to bilingual legal practice in several ways.  First, the book does not focus solely on single jurisdictions, since most bilingual lawyers work with clients and co-counsel from a variety of legal and cultural backgrounds.  Instead, the book offers information on several English-speaking nations (primarily the U.S. and the U.K.) and Spanish-speaking countries (primarily Spain, Mexico and Argentina).  Second, the text seeks to contextualize the information, not only by placing the new vocabulary and legal principles in the appropriate linguistic setting (the book is entirely bilingual) but by providing extensive comparisons to the law and practice of other jurisdictions.  Third, the discussion helps lawyers and law students appreciate differences in the relevant legal, business and social cultures, thereby helping them avoid giving offense through any inadvertent miscommunications, and explains why those differences arose and why they make sense in that particular legal environment.

 

Increasing understanding across national, social and cultural lines is an important goal in our increasingly pluralistic world, and Comparative Law for Spanish-English Speaking Lawyers provides a useful tool for those who work across linguistic lines.  As this 700+ page text shows, legal and linguistic differences need not be feared but can instead be celebrated.

 

Read On! International Law and…

August Reinisch, Mary E. Footer & Christina Binder have just edited Select Proceedings of the European Society of International Law, Vol. 5 (2014) (Hart 2016), available here

Table of Contents:


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PART I: INTERNATIONAL LAW AND HUMAN RIGHTS ADJUDICATION
1. Judicial Engagement in International Human Rights Comparativism Anja Seibert-Fohr
2. Jurisprudential Dialogue in Supranational Human Rights Litigation in Africa Magnus Killander
3. Human Rights Adjudication as Transnational Adjudication: A Peripheral Case of Domestic Courts as International Law Adjudicators Samantha Besson
4. A New Doctrine on the Block? The European Court of Human Rights and the Responsible Courts Doctrine Basak Çali
PART II: INTERNATIONAL LAW AND NATIONAL LAW
5. International Law through the National Prism: The Role of Domestic Law and Jurisprudence in Shaping International Investment Law Hege Elisabeth Kjos
6. National Case Law as a Generator of International Refugee Law: Rectifying an Imbalance within the UNHCR Guidelines on International Protection Cecilia M Bailliet
7. National Law as an Unpredictable Generator of International Law: The Case of Norm Export at the World Trade Organization Gregory Messenger
8. International Investment Agreements and Good Governance: Norm and Institutional Design, Internalisation and Domestic Rule-making Mavluda Sattorova
PART III: INTERNATIONAL LAW AND TRADE AND INVESTMENT
9. Investment Law at the Crossroads of Public and Private International Law Andrea K Bjorklund, Georgios Petrochilos, Stephan W Schill and Diane A Desierto
10. The Forced Co-Existence of Trade and Investment Provisions in Preferential Trade and Investment Agreements and the Regulatory Architecture of the Systems of Trade and Investment Law Catharine Titi
11. The Shared Responsibility of the EU for Member States’ Financial Crisis Measures as a Defence in International Investment Claims Anastasios G Gourgourinis
PART IV: INTERNATIONAL LAW AND INTERNATIONAL RELATIONS
12. Subsequent Treaty Practice: The Work of the International Law Commission Georg Nolte
13. A Gap, a Map, and an Intellectual Trap: Changing Conceptions of Regime Interaction and of Interdisciplinarity Jeffrey L Dunoff
PART V: INTERNATIONAL LAW AND NEW TECHNOLOGIES
14. The Challenges Posed by Cyber-Attacks to the Law on Self-Defence Irène Couzigou
15. ‘Culturomics’ and International Law Research Jamie Trinidad
PART VI: INTERNATIONAL LAW AND THE SOCIAL AND HUMAN SCIENCES
16. Opium as an Object of International Law: Doctrines of Sovereignty and Intervention Jessie Hohmann
17. International Law in Transit: The Concept of ‘Indigenous Peoples’ and its Transitions in International, National and Local Realms-the Example of the Bedouin in the Negev Emma Nyhan
18. Fragmented Feminisms: Critical Feminist Thinking in the Post-millennium Era Gina Heathcote
PART VII: INTERNATIONAL LAW AND SPORT
19. ‘For the Game, For the World’-And also for Human Rights? Analysing Human Rights Obligations of International Sports Associations Lars Schönwald
20. Emerging Fair Trial Guarantees Jernej Letnar Cernic
21. International Sports Law and the Fight against Doping: An Analysis from an International Human Rights Perspective Carmen Pérez González
PART VIII: INTERNATIONAL LAW AND THE ARTS AND HUMANITIES
22. Engaging International Law and Literature with Kafka, Deleuze and Guattari Ekaterina Yahyaoui Krivenko
23. An Introduction to the Idea of International Law and the International Community in Contemporary Catholic Theology 5Aleš Weingerl
24. The Ideological Structure of the Early Jus Gentium and its Implications for the Current Debate about Normative Hierarchy and Public Policy in the International Community Dimitrios A Kourtis
25. The Inextricable Connection between Historical Consciousness and International Law: New Imperialism, the International Court of Justice and its Interpretation of the Inter-temporal Rule Mieke van Der Linden
PART IX: INTERNATIONAL LAW AND THE AESTHETIC
26. Engaged Visual Art as a Tool for Normative Renewal in International Human Rights: The Case of Ariella Azoulay’s Potential History (2012) Eva Brems and Hilde van Gelder
27. Safeguarding Intangible Cultural Heritage: An Inter-disciplinary Approach to International Law Janet Blake
28. Zero Dark Thirty: International Law, Torture and Representation Daniel Joyce and Gabrielle Simm
29. À la Maison-Blanche: le président des États-Unis se soucie-t-il du droit international lorsqu’il décide d’une intervention militaire? Olivier Corten
EPILOGUE
30. ‘International Law and ….’ Variations on a Theme Vera Gowlland-Debbas –

Beyond Trade & Travel: Normalizing US-Cuba Relations

While much attention has been focused on the changes to ease travel and trade between the United States and Cuba, President Obama’s Policy Directive on US-Cuba Normalization lays out a broader vision for normalization of relations and mutual cooperation between the two neighbors. Issued October 14, 2016 (along with other regulatory changes discussed here) the Directive also lays out six priority objectives for normalization and actions to implement them.obama-castro-handshake

Among other things, the vision laid out by President Obama’s Policy Directive includes – travel to Cuba for U.S. persons that is safe and secure from natural and man-made hazards and regional cooperation with Cuba towards these goals, and a strengthened U.S. position in international systems by removing an irritant from its relationships with allies and partners and gaining support for a rules-based order.

The six U.S. medium-term objectives for US-Cuban policy are to:

  1. Continue high-level and technical engagement;
  2. Continue to encourage people-to-people linkages;
  3. Seek to expand opportunities for U.S. companies to engage with Cuba;
  4. Support further economic reforms by the Cuban government;
  5. Expand dialogue with Cuba in international fora; and
  6. Seek greater Cuban government respect for human rights while recognizing that the United States must leave the future of Cuba up to the Cuban people.

To facilitate the effective implementation of this Policy Directive, U.S. departments and agencies will have the following roles and responsibilities:

National Security Council (NSC) staff will provide ongoing policy coordination and oversight of the implementation of overall Cuba strategy and of the Directive.

The Department of State will continue to be responsible for formulating U.S. policy toward and coordinating relations with Cuba. This includes supporting the operations of Embassy Havana and ensuring it has adequate resources and staffing, issuing visas, refugee processing, promoting educational and cultural exchanges, coordinating democracy programs, and political and economic reporting.

The U.S. Mission to the United Nations (USUN) will coordinate with the State Department to oversee multilateral issues involving Cuba at the United Nations.

The Department of the Treasury is responsible for implementation of the economic embargo restrictions and licensing policies.

 The Department of Commerce will continue to support the development of the Cuban private sector, entrepreneurship, commercial law development, and intellectual property rights as well as environmental protection and storm prediction.

The Department of Defense (DOD) will continue to take steps to expand the defense relationship with Cuba where it will advance U.S. interests, with an initial focus on humanitarian assistance, disaster relief, and counternarcotics in the Caribbean.

The Department of Homeland Security (DHS) will, together with the Department of Justice, engage with the Cuban government to combat terrorism and transnational organized crime.

The Department of Justice (DOJ) will, together with DHS, engage with the Cuban government to combat terrorism and transnational organized crime.

The Small Business Administration (SBA) will support exchanges with the Cuban government in areas of mutual interest, particularly on formalization of small businesses and to spur the growth of new enterprises.

The Office of the United States Trade Representative will provide trade policy coordination in international fora and prepare for negotiations to normalize and expand US-Cuba trade.

The Department of Agriculture (USDA) will work to increase U.S. food and agricultural exports to Cuba.

The Department of Health and Human Services (HHS), in accordance with the June 2016 Memorandum of Understanding between HHS and the Cuban Ministry of Public Health, will collaborate with Cuban counterparts in the areas of public health, research, and biomedical sciences, including collaboration to confront the Zika virus, dengue, chikungunya, and other arboviruses.

The United States Agency for International Development (USAID) will coordinate the U.S. response to natural and man-made environmental disasters.

The Department of Transportation (DOT) will continue to develop air and surface transportation links between the United States and Cuba and provide required regulatory and safety oversight of transportation providers and systems.

The Office of the Director of National Intelligence (DNI) will support efforts to normalize relations with Cuba and seek opportunities for engagement with Cuban counterparts on areas of common interest and information exchange on mutual threats.

The Department of the Interior (DOI) will continue to cooperate with Cuba on marine protected areas and to engage Cuban counterparts to finalize arrangements on wildlife conservation, terrestrial national protected areas, and seismic records.

In issuing the Directive, President Obama stated:

This new directive consolidates and builds upon the changes we’ve already made, promotes transparency by being clear about our policy and intentions, and encourages further engagement between our countries and our people.

This clarity and transparency is important given the long and complicated history of US-Cuba relations that dates back to the 1880s. The Directive is also aimed at ensuring the recent changes in US-Cuba policy outlive the Obama Administration. We can hope that the next Directive will implement the lifting of the outdated and ineffectual embargo, the low point in this history.

Violence against trade unionists, application of labor laws at issue in Colombia’s bid for OECD membership

In July 2016, the U.S. Department of Labor accepted the first labor petition filed under Chapter 17 of the U.S.-Colombia Trade Promotion Agreement (TPA).  Filed by Colombian trade unions and the AFL-CIO, the fundamental argument of the petition is that the Government of Colombia failed to meet its commitments under the 2011 U.S.-Colombia Labor Rights Action Plan (LAP) which were a pre-condition for the U.S. to extend preferential trade benefits to Colombia.  USDOL’s public report on the petition is due in January 2017 unless USDOL determines more time is necessary.

Critical among those commitments were (a) effective implementation a new legal framework to investigate and punish threats and violence against trade unionists; (b) putting a stop to employers’ use of intermediaries and certain types of employment contracts to chill representative trade unionism and avoid compliance with labor laws; and (c) ensuring that labor inspection, administrative and dispute resolution processes respond to worker complaints and deter employer violations.  Over 2,500 trade unionists have been murdered in Colombia since the 1980s.  These murders and threats did not stop after the U.S.-Colombia TPA went into effect in 2012.

A lot is at stake this year for Colombia.  Not only did the Government of Colombia and FARC agree to a Peace Accord ending the 52-year-old Civil War, but Colombia is being considered for accession to the Organization for Economic Development (OECD), where it would join Mexico and Chile as the only Latin American members.

Many of the labor-related commitments the Government of Colombia made during TPA negotiations are also required for accession to the OECD.  If USDOL’s Chapter 17 report confirms petitioners’ allegations, Colombia could be subject to international dispute resolution and lose trade benefits under the TPA – and could jeopardize Colombia’s bid to become a member of the OECD.

The OECD formally launched Colombia’s accession process in October 2013.  This rigorous process subjects Colombia to assessment under 250 legal instruments and formal evaluation by 21 separate committees, including the Employment, Labor & Social Affairs Committee.

The OECD’s Roadmap for Colombia’s accession outlines several labor-related policy goals to be met, including:  improvement of labor market opportunities for women, youth, older people and the unskilled; a financially and socially sustainable retirement and social support system; assistance for the poor and out of work; and better management of migration flows to foster integration of immigrants and their children.  Critically, the Roadmap calls for Colombia to implement policies to ensure effective governance of the labor market and to “ensure the full respect of labour rights, with a particular focus on the rights and safety of trade union representatives” (p. 18).

The OECD released its review of Colombia’s Labour Market and Social Policies in January 2016. Much of the OECD’s analysis mirrors the issues raised by Colombian unions and the AFL-CIO in their USDOL petition.  Three of these areas are: (1) inadequate protection of trade unionists from ongoing threats and violence; (2) shortcomings  in labor law administration and enforcement, including weak labor inspection and fine collection processes; and (3) the tendency among Colombian employers to utilize civil law contracts so workers do not benefit from rights in the Colombian Labor Code and making it difficult for workers to effectively organize independent trade unions and bargain collectively.

The OECD observes that 20 trade unionists were murdered in 2014 and that there were over 300 assaults, threats, harassment and other kinds of violence perpetrated against trade unionists that same year.  The OECD cites conflicting reports about the motivation for murders of and violence against trade unionists – whether as a result of their role as trade unionists or local leaders standing up to armed groups – but emphasizes that improved prosecution of the crimes in close contact with trade unions during investigation would promote greater clarity as to why the violence occurred.  While the Colombian protection program for trade unionists has improved, the program faces a number of challenges such as budget cuts, a lengthy and laborious process for assessing threat risk against trade unionists and corruption scandals that demonstrate inadequate controls.

In addition to discussing and assessing fundamental labor rights issues, the OECD’s review of Colombia’s labor and social policies highlights the country’s need for better social security (including unemployment) policies that are more broadly applied.  Over 52% of Colombia’s workforce is self-employed, with 83% in unregistered businesses not covered by social security.

Observing that comprehensive reform to the Colombian social security and pension system is required, the OECD highlights a number of specific policy recommendations to incentivize more Colombians to participate in social security.  Only about 35% of the Colombian population in retirement age receives a pension – in contrast to 90% on average in the OECD.  Acknowledging Colombia’s introduction of a new unemployment protection system, the OECD notes that the system is underfunded and provides limited support to job seekers.

Many of the structural labor market issues noted by the OECD such as informal work and non-participation in the social security system have a bigger impact on women than men.  Despite the fact that female labor market participation in Colombia has increased over the last few decades, 20% of women aged 16-24 are not active in the labor market or studying (Not in Employment, Education and Training or NEET) compared to 1% of men.  In addition to higher unemployment rates than men and lower participation in formal employment, women in Colombia suffer from a “large and persistently stable gender pay gap” (p. 16).  Fewer women receive health protection or contribute toward a retirement pension so look forward to poverty in their old age.   Laws were passed in Colombia in 2010 and 2011 to make sex discrimination in pay unlawful and extend maternity leave from 12 to 14 weeks, but many Colombian women do not benefit from these protections because they work in the informal sector.

Critics have argued that the Government of Colombia may not be ready for or be deserving of OECD membership or special access to markets and free trade benefits because of ongoing human and labor rights violations.  This may be true.  The Colombian case shows that OECD and U.S. conditionality can contribute to a safer and better society in Colombia though many challenges remain.

Trade Agreements & Jobs

A few weeks ago I treated myself to a massage. As we got to know each other, my masseuse – let’s call her “Mary” — shared that 5 years before she had transitioned from an IT position with a major US corporation located, at that time, in Maryland. After working 14 years with the company, she was made redundant when the company was acquired and moved its operations – to Boston, Massachusetts, U.S A.

“Mary” didn’t lose her job because of a trade agreement, or outsourcing. She lost her job because she was viewed as expendable by a corporation to which she had given 14 years.

Trade agreements are about making it easier to buy and sell goods and services globally. They remove or ease countries’ barriers to trade – import duties, regulations, etc. The rules are often skewed in favor of the richer, more powerful countries. And they are too often shaped by the interests of the powerful corporations at the table that can disenfranchise the poor, wherever they are located.

Trade agreements do make it easier for corporations to export their cultures and values to other countries. The down sides can include a stronger focus on corporate profit over community good. There are potential upsides as well – greater transparency and efficiencies. So, yes, trade agreements can be a mixed bag.

However, when it comes to jobs don’t blame trade or trade agreements. A company that is already pre-disposed to treating its employees as expendable will pack up and move with minimal regard for their years of service or their future with or without these agreements. Blame a corporate culture that says – it’s okay!

Write On! PluriCourts conference ‘Adjudicating international trade and investment disputes’ (deadline March 1)

The PluriCourts Centre of Excellence at the University of Oslo is organizing a conference titled ‘Adjudicating international trade and investment disputes: between interaction and isolation.’ The conference will be hosted at the Faculty of Law of the University of Oslo 25-26 August 2016. Abstracts are due March 1, 2016.

The conference aims to focus on the relationship, interactions and comparisons between the international trade and investment regimes in the context of adjudication of disputes. The conference will welcome research across the disciplines of law, political science, and philosophy relating to three themes: the new mega-regionals, comparisons and practices, and cross-fertilization and learning. Historically, the global regulation of international trade and investment relations have been closely interrelated; but in the post-war period, international trade law and international investment law developed on largely divergent paths. While international trade regulation has culminated in a multilateral regime with a permanent dispute settlement mechanism, the international regulation of foreign direct investment is primarily governed by 3500 essentially bilateral treaty relationships calling for ad hoc investor – state arbitration potentially to be hosted by a variety of international institutions. Despite these seemingly distinct structures, there is a recent trend that some say signal a move towards regime convergence: most clearly seen in the rise of mega-regional free trade agreements (FTAs) with investment chapters.

This potential convergence may be deceiving, however. The investment chapters of FTAs remain separate from the rest of the agreements and provide for distinct rules and procedures on dispute settlement. Moreover, issues of overlap between trade chapters and investment chapters have not been resolved, which means that the same case could possibly be raised simultaneously in two separate disputes under the same FTA. Legal disputes based on investment chapters in FTAs to date (ie under the NAFTA and DR-CAFTA) appear to interpret the investment protection chapters as standalone agreements with little or no reference to other sections of the FTAs. Despite the limitations to integration that this new generation of trade and investment agreements may represent, there are other areas of interaction between the trade and investment regimes that could provide better evidence of a gradual move towards cohesion. This conference aims to look at the development of the new mega-regionals, but also the ways (or lack thereof) that the trade and investment regimes share practices and cross-fertilize.

For more information and submission procedures, see: Call for Papers – Trade Investment Conference [pdf]