International Law Weekend 1998

November 12 - November 14, 1998

Held at the House of the Association of the Bar of the City of New York

42 West 44th Street, New York, NY


THURSDAY, NOVEMBER 12

7:00 p.m. Opening Session: The Universal Declaration of Human Rights
1998 marks the 50
th anniversary of the UDHR, one of the most important human rights documents ever executed. This panel will discuss the past, present, and future impact of the UDHR in the United States and around the world.

Eleanor Acer
Lawyers' Committee for Human Rights,
New York

Prof. Anne Bayefsky
Director, Centre for Refugee Studies,York University, Canada

Prof. Hurst Hannum
Fletcher School of Law and Diplomacy, Tufts University

Paul Hoffman
Chair, Board of Directors, Amnesty International - USA

Charles Siegal
Munger Tolles & Olsen, Los Angeles; Chair of the ILA's (American Branch) Human Rights Committee

Elsa Stamatopoulou
Deputy to the Director, High Commissioner for Human Rights, New York

9:00 p.m.-10:30 p.m. Complimentary Cocktail Reception Courtesy of the International Law and Practice Section of the American Bar Association

 

FRIDAY, NOVEMBER 13

8:30 am Complimentary Coffee and Bagels

9:00 am-10:30 am 
The International Criminal Court and the Aftermath
of the Rome Diplomatic Conference
This panel will discuss the Statute for the International Criminal Court that was adopted in Rome this past summer by a vote of 120 States in favor to 7 against. The panel will also examine the role of the U.S. government in the negotiations and the reasons why the United States voted against the adoption of the Statute.

Prof. Roger Clark
Rutgers Camden School of Law

John Holmes
Legal Affairs, Permanent Mission of Can- ada to the United Nations

Jelena Pejic
Senior Program Coordinator, Lawyers Committee for Human Rights, New York

John Washburn
Co-Chair, Washington Working Group on the ICC, Washington, DC

Prof. Leila Sadat Wexler
Washington University School of Law


International Copyright Issues Arising Out of the Use of Computer Software
This panel will examine the different types of protection for computer software through patents and copyrights in major jurisdictions, as well as considerations of the significant differences between the two approaches.

Prof. Hugh Hansen
Fordham University School of Law

John Richards
Ladas and Parry, New York


Current Legal Issues in Economic Sanctions
This panel will address legal issues in economic sanctions programs administered by the U.S. Treasury Department. Topics will include new embargo provisions and concerns regarding the "rule of law" in economic sanctions.

Tom Crocker
Alston & Bird L.L.P., Washington, DC

Peter Lichtenbaum
Steptoe & Johnson, Washington, DC

Davis Robinson
LeBoeuf, Lamb, Greene & MacRae, Washington, DC


10:45 a.m.-12:45 p.m. 
Implementing the Convention on the Elimination of
.
Racial Discrimination
This panel will explore such issues as the intersection of gender and race in implementing the Convention, the long-neglected "teaching tolerance" provision, and current efforts by activists in the United States to apply the convention.

Prof. Lisa Crooms
Howard University School of Law

Prof. Stephanie Farrior
Pennsylvania State University, Dickinson School of Law

Neil Popovic
Director, United Nations Program, Earthjustice Legal Defense Fund (formerly Sierra Club Legal Defense Fund), San Francisco, CA

Douglass Scott
International Human
Rights Law Group, Washington, DC


1998: International Year of the Ocean
This panel will discuss accomplishments since the 1982 Law of the Sea Convention, including dispute settlement mechanisms, the roles of new institutions in developing regimes for the oceans, piracy, terrorism, underwater cul- tural hertiage, and problems in the East China Sea.

Prof. Donna R. Christie
Florida State University College of Law

Prof. Barry Hart Dubner
Thomas M. Cooley Law School; Vice-Chair, Law of the Sea Committee, ABA Section of International Law and Practice

Houston Putnam Lowry
Brown Welsh & Votre, Meriden, CT; Former Chair, Law of the Sea Committee, ABA Section of International Law and Practice

Prof. Samuel Pyeatt Menefee
Regent University School of Law

Prof. James Nafziger
Williamette University School of Law

Prof. John E. Noyes
California Western School of Law

Margaret L. Tomlinson
Chair, Law of the Sea Committee, ABA Section of International Law and Practice

Current Issues in Emerging Market Project Financing
This panel will focus on, among other things, the pros and cons of using project bonds to finance projects in emerging markets.

Belinda M. Foxworth
Vice-President and General Counsel, CMS Generation Co., Michigan

Peter S. O'Driscoll
Coudert Brothers, London

David Slade
Allen & Overy, New York

Is the Federal Government Helpless in State Criminal Proceedings That Affect U.S. Foreign Relations?
This panel will discuss the constitutional authority of the federal government in state criminal proceedings that involve U.S. treaty obligations or affect U.S. foreign relations. The question of whether the federal government can require states to comply with U.S. obligations under international law in state criminal proceedings has arisen recently, and most dramatically, in Republic of Paraguay v. Gilmore, in which the U.S. Supreme Court held it could not stay an execution in Virginia, notwithstanding a decision by the International Court of Justice requesting a stay.

Catherine Brown
Assistant Legal Adviser for Consular Affairs, U.S. Department of State

Elizabeth DeFeis
Seton Hall Law School

Donald Francis Donovan
Debevoise & Plimpton, New York, Coun-sel for Paraguay,
Republic of Paraguay v. Gilmore

Prof. Malvina Halberstam
Benjamin N. Cardozo School of Law, Yeshiva University

Michael J. Matheson
Deputy Legal Adviser, U.S. Department of State

Paul Wolfson
Assistant to the Solicitor General, U.S. Department of Justice


12:20 p.m. Luncheon Meeting of the Executive Committee of the American Branch of the ILA

12:45 p.m.-2:15 p.m. Box Lunch Seminars

1. Ad-Hoc vs. Administered Arbitration
On this panel, arbitration practitioners and arbitration professionals will discuss ad hoc and administered arbitration and the respective advantages of each.

Donald Francis Donovan
Debevoise & Plimpton, New York

Dana Freyer
Skadden Arps Slate Meagher & Flom, LLP, New York

Peter Kaskell
CPR Institute for Dispute Resolution , New York

Luis Martinez
American Arbitration Association, New York

Lucy Reed
Freshfields, New York

2. 150th Anniversary of the Birth of the Women's Rights Movement
This year is the 150th Anniversary of the 1848 Women's Rights Convention at Senece Falls, NY at which the Declaration of Rights and Sentiments was presented, beginning the women's rights movement in the United States (which was to become international with the inauguration of the International Council of Women in 1888). This panel will explore the status of women's human rights in certain areas defined by the document, including women's suffrage, power in relationships, and economic rights.

Jane Connors
Women's Rights Unit, U.N. Division for the Advancement of Women, New York

Prof. Dorean M. Koenig
Thomas M. Cooley Law School

Jessica Neuwirth
Equality Now, New York

Jane Saberi
Ph.D Candidate, University of Alberta, Canada


2:30 p.m.-4:00 p.m. 
Current Issues in the International Criminal Tribunals for the Former Yugoslavia (ICTY) and for Rwanda (ICTR)
This panel will review the jurisprudence emerging from the ICTY and ICTR war crimes tribunals, including indictments, arrests, prosecutions, recent decisions, impact upon domestic law, the status of gender and sexual violence, and implications any decisions may have on the International Criminal Court.

Prof. José E. Alvarez
Visiting Professor, Columbia University School of Law

Dr. Kelly Askin
Center for Civil and Human Rights, Notre Dame Law School

Prof. Theodor Meron
New York University School of Law

Prof. Madeline Morris
Duke University Law School

 

Infrastructure in Latin America
This panel will explore the movement to upgrade the telecommunications, water, transportation, and energy infrastructure in Latin America, and the legal and regulatory reforms deemed necessary to do so.

Dr. Alan Arnstsen
Perez Alati, Grondona, Benites et al., Buenos Aires, Argentina

Jose Fernandez
O'Melveny & Myers, LLP, New York

Lic. Quirico Seriña
General Counsel, ICA Internacional, S.A., Mexico City, Mexico

R. Blair Thomas, Esq.
Managing Director, TCW Asset Manage- ment Co., Washington, DC

 

Qualifying the Fifth Amendment to Promote Inter- national Law Enforcement Cooperation: An Exami- nation of U.S. vs. Balsys
The U.S. Supreme Court decided that the right against self-incrimination applies to a reasonable and substantial fear of domestic, not foreign, prosecution. This panel will examine the Balsys decision and its impact, review treaties on mutual legal assistance, and explore other countries' practices under similar circumstances.

Michael Griffith
Attorney & Counsellor at Law, Southampton, New York

Scott Levinson
New York City Corporation Counsel

Laurel Loomis
Trial Attorney, Criminal Division, U.S. Department of Justice

David Warner
Trial Attorney, Office of International Affairs, U.S. Department of Justice


ILSA PROGRAM: Careers in Customs and International Trade Law
While it is sometimes difficult to find work in the field of international law, the practice of law is becoming increasingly internationalized. This panel will discuss government service including possible clerkships with judges on the U.S. Court of International Trade, private international trade and customs law practice, and academic careers.

Frank J. Desiderio
Grunfeld, Desiderio, Lebowitz and Silver- man, New York

Honorable Jane Restani
Judge, United States Court of International Trade

Prof. Mark E. Wojcik
The John Marshal Law School; Chair, AALS Section on International Legal Exchange


4:15 p.m.-5:45 p.m. Innovations in Teaching International Law
This panel will explore methodologies employed to teach international law at undergraduate universities and at law schools.

Prof. John Barrett, Jr.
University of Toledo College of Law; Chair, ABA's International Legal Education Committee

Prof. Diane Edleman
Villanova Law School ("Internationalizing a First-Year Legal Writing Program")

Prof. Valerie Epps
Suffolk Law School; Author of "Inter- national Law for Undergraduates"

Prof. Christopher Joyner
Georgetown University; Co-author of the ASIL's "Teaching International Law: Approaches, Techniques and Experiences"

Prof. Michael Scharf
New England School of Law; Chair, ILA's (American Branch) Teaching International Law Committee


The Future of World Peace and Outer Space
This panel will explore current international legal, scientific, and technology issues and future developments for world peace, with an emphasis on telecommunications and the United Nations.

Dr. Buzz Aldrin
Former U.S. Astronaut; Chair, National Space Society

Pat Dash
Executive Director on National Space Society

Ambassador Edward R. Finch
Former U.S. Special Ambassador: Board of Governors, National Space Society

Eilene Galloway
NASA, Committee on Space Station, Washington, DC

Dr. Amanda Lee Moore
Deputy, National Space Society, NEO Representative

Preventing Asian Type Crises: Who If Anyone Should Have Jurisdiction Over International Capital Movement?
This panel will discuss proposed amendments to the Fund Agreement to deal with member country's capital accounts, the Canadian proposals for encouraging countries to reform and strengthen their domestic financial systems through peer review, and the views of the private sector toward proposals to have some form of international jurisdiction over capital flows.

William Holder
Deputy General Counsel, International Monetary Fund

Jonathan T. Fried
Assistant Deputy Minister, Trade & Economic Policy, Department of Foreign Affairs and International Trade, Ottawa, Canada

Professor Cynthia Lichtenstein
Boston College School of Law

Betty A. Whelcher
Director and Deputy General Counsel, Legal Division Deutsche Bank AG, New York


ILSA PROGRAM: Creating Your Own International Opportunities
When international opportunities do not fall into your lap, you must create your own opportunities and your own future. The presenters will explore ways to develop courses to teach "Legal English" and "Introduction to U.S. Law" to law students and lawyers in other countries. They will also discuss practical ways to use bar associations, other professional organizations, and L.L.M. programs to enter the competitive field of international law.

Prof. Toni M. Fine
Inter-American Law Institute and Institute of Comparative Law, New York University School of Law

Stuart Kerr
Director, International Law Institute, Washington, DC

Prof. Mark E. Wojcik
The John Marshall Law School; AALS Section on International Legal Exchange


6:15 p.m.-9:30 p.m. 
Cocktail Reception (sponsored by the American Society
of International Law) and Dinner at the Harvard Club.
Keynote Speaker: Antonia Chayes, Former Under Secretary, U.S. Air Force; Director, Conflict Management Group


SATURDAY, NOVEMBER 14

8:30 a.m. Complimentary Coffee and Bagels

9:00 a.m.-10:30 a.m. 
Challenges and Frontiers In Women's Human Rights
This panel will examine the rights and progress of women in international human rights law, and its impact on women in various areas or fora, particularly in the last five years since the 1993 World Conference on Human Rights.

Prof. Catherine Albisa
City University of New York Law School

Prof. Rhonda Copelon
City University of New York Law School

Prof. Berta Hernandez
St. John's University School of Law

Cathy Powell
Black Women's Employment Project, NAACP Legal Defence Fund, New York


Corporate Compliance Issues for the U.S. Corporation With Foreign Operations: Should We Go Along to Get Along?
This panel will deal with recent developments and core issues of the Foreign Corrupt Practices Act, equal employment opportunities for employees stationed abroad, the Economic Espionage Act, and the U.N. Convention on the International Sale of Goods.

Richard Field
Attorney & Counsellor at Law, New York

Andrew Grosso
Attorney & Counsellor at Law, Washington, DC

Pamela B. Stuart
Attorney & Counsellor at Law, Washington, DC



Military Operations: The Increasing Relevance of International Law
In the Gulf War, attorneys were an integral part of the Coalition's war fighting team. For example, virtually every proposed Coalition bombing mission was reviewed by attorneys before being authorized. This panel will discuss the growing influence of international law in military operations.

Major General John DeWitt Altenburg, Jr.
Assistant Judge Advocate General, U.S. Army

William Coleman, III
General Counsel, U.S. Department of the Army

Lieutenant General Larry R. Jordan
Inspector General, Office of the Secretary of the Army

Captain Michael F. Lohr
Office of the Chairman of the Joint Chiefs of Staff

Alberto Mora
Greenberg Traurig, Washington, DC


ILSA PROGRAM: Scholarly Writing: From Idea Conception to Publication

10:45 a.m. - 12:15 p.m.  Recent Work of the United Nations Commission on International Trade Law
This panel will discuss recent substantive projects undertaken by UNCITRAL, such as their arbitration notes, electronic commerce, and the like. The panel will also discuss U. S. negotiation strategies within UNCITRAL.

Harold S. Burman
Office of the Legal Adviser, U.S. Department of State

Howard M. Holtzmann
Former Judge, U.S.-Iran Claims Tribunal

Houston Putnam Lowry
Brown, Welsh & Votre, Meriden, CT; Chair, ILA's (American Branch) International Commercial Law Committee


The Fortieth Anniversary of the Entry Into Force of the Treaty of Rome and of the Operations of the European Community
This panel will take an historical perspective in examining aspects of the EC's political institutions, scope of operations, and external commercial affairs. While reflecting both on the progress and the setbacks of the past forty years, panelists will also consider what lies ahead for the Community, now a component of the European Union.

Laurens Brinkhorst
Member of the European Parliament; former Director-General, DGXI, Environment, Consumer Policy, and Nuclear Safety

Prof. Roger Goebel
Director, Fordham Centre on European Union Law & International Antitrust

Richard Lutringer
Morgan Lewis & Bockius, LLP, New York

Ambassador Hugo Paeman
Head of the Delegation of the EC Commission to the United States

Prof. Eric Stein
University of Michigan Law School


The Prosecution of Former Leaders: What Will Be Learned from the Pinochet Case?
As we speak, legal action is being taken against former Chilean General Agusto Pinochet in the United Kingdom and Spain. Even the United States explored the possibility of prosecuting the ailing former leader. Will the House of Lords agree to Spain's extradition request? What precedent is in the process of being set, and what should it be? This panel will discuss these and other issues relating to this hotly contested topic.

Prof. Alfred Rubin
Fletcher School of Law and Dipolmacy

Peter Weiss
Vice-President & Cooperating Attorney, Center for Constitutional Rights, New York

Mark Zaid
Managing Director, Public International Law & Policy Group, Washington, DC


ILSA PROGRAM: Internships and Studies Abroad in International Law

12:30 p.m. - 2:00 p.m. Luncheon
Keynote Speaker:
Thomas M. Franck
New York University School of Law; President, American Society of International Law


2:15 p.m. - 3:45 p.m. The 40th Anniversary of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards
This panel will review the development of international commercial arbitration forty years after the New York Convention was opened for signature in 1958.

Prof. Eric Bergsten
Pace University School of Law; former Secretary of UNCITRAL

Prof. Thomas E. Carbonneau
Tulane University School of Law

Stephen De Luca
Attorney & Counsellor at Law, New York

Prof. Andreas Lowenfeld
New York University Law School


Globalization and International Law
Globalization has had a significant impact on international trade, finance, and interstate relations. This panel will discuss how international institutions can effectively manage and shape globalization trends in positive ways.

Dr. Allan Gerson
Senior Fellow for International Law and Organizations, Council on Foreign Rela- tions

Prof. Stephen P. Marks
Columbia School of International & Public Affairs

Bruce Rashkow
Director, General Legal Division, United Nations

Cesere Romano
Center on International Cooperation, New York University


ILSA PROGRAM: International Human Rights and the Role of U.S. Domestic Courts

The Honorable Edward Re


4:00 p.m. - 5:30 p.m. The 50th Anniversity of the Genocide Convention
Fifty years after formation of the Genocide Convention, the general prohibition of genocide is recognizably customary jus cogens. Yet, numerous concerns and issues still abound. This panel will address these issues, including past, present, and future needs and prospects concerning adequate proscription of genocidal conduct.

Prof. Anthony D'Amato
Northwestern University School of Law

Prof. Christopher Blakesley
Louisiana State University Law Center

Prof. Jordan Paust
University of Houston Law Center

Prof. Ruth Wedgwood
Yale Law School


Stripped of Immunity: The Latest News on Sovereign, Diplomatic, and Head of State Immunity
Judgments in the United States have now been obtained against Cuba and Iran, and cases are still pending against Libya and Iraq under the 1996 terrorism amendments to the FSIA. Battles over diplomatic immunity continue to be waged in Washington, D.C., and alien tort claims remain a vehicle in the war against human rights abuses. This panel will focus on the latest judicial, legislative, and policy developments underlying the difficult endeavors to hold states, diplomats, and human rights abusers accountable in the United States and abroad.

Dr. Michael Byers
Oxford University, United Kingdom

Jennifer Green
Center for Constitutional Rights, New York

Anne-Marie Lund Kagy
Attorney & Counsellor at Law, Washington, DC; Plaintiff's Counsel against Iran

Prof. Ved Nanda
University of Denver School of Law

Mark S. Zaid
Attorney & Counsellor at Law, Washington, DC; Plaintiff's Counsel against Libya and the Republic of Georgia


Pursuit of International Career Opportunities
The question that is on every law student's and new practitioner's mind is how does one find a job or career opportunity in the area of international law. Hear those in the field provide advice and share their wisdom to help students or attorneys start or further their international law careers in both public and private sectors.

Elda Beylerian
LeBoeuf, Lamb, Greene & MacRae, Newark, NJ; former CEELI Liaison to Armenia

Stephen M. DeLuca
Middlebrooks & Shapiro, Parsippany, NJ

Carlos Fernandez
Wilmer, Cutler & Pickering, Washington, DC

David Warner
Office of International Affairs, U.S. Department of Justice



5:30 p.m. - 6:15 p.m. Closing Cocktail Reception Sponsored by the Inter national Law Section of the New York State Bar Association


Program Committee for the 1998 International Law Weekend:

Chair:
Mark S. Zaid


Vice Chairs:
Kelly Dawn Askin
Maria Vicien Milburn
Hon. George G. Janis

Members:
Rhonda Copelon 
Houston Putnam Lowry
Stephen De Luca 
Richard Lutringer
Donald F. Donovan 
Alice Miller
Barry Hart Dubner 
Alberto Mora
Stephanie Farrior  
Peter S. O'Driscoll
Jose Fernandez 
Jordan Paust
Edward R. Finch 
John Richards
Allan Gerson 
Michael Scharf
Malvina Halberstam 
Stephen Shapiro
Paul Hoffman 
Pamela Stuart
Karl F. Jorda 
David Warner
Dorean M. Koenig 
Leila Sadat Wexler
Cynthia C. Lichtenstein

Alfred Rubin, President of the American Branch of the ILA

International Law Weekend 1998 was sponsored by:
The American Branch of the International Law Association, in conjunction with:

The Association of the Bar of the City of New York
Council on International Affairs
Arms Control and International Security Affairs Committee
International Law Committee
International Trade Committee
International Human Rights Committee
Inter-American Affairs Committee
International Environmental Law Committee
Military Affairs and Justice Committee
Independent States of the Former Soviet Union Committee
American Society of International Law
American Foreign Law Association
American Bar Association, Section on International Law and Practice
New York State Bar Association, International Law and Practice Section
Union Internationale des Avoats
International Law Students Association, ILSA Journal of International and Comparative Law