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International Law Review 2013 Symposium

The International Impact of Extractive Industries

C‌lick here to download the Symposium Brochure

Friday, February 8, 2013
Philip H. Corboy Law Center
Power Rogers & Smith Ceremonial Courtroom, 10th Floor
25 E. Pearson Street, Chicago

Symposium Editor: Natnael Moges

 

ABOUT THE CONFERENCE

This one-day conference and workshop will explore the international impact of extractive industries. Speakers will address regulatory and legislative developments, as well as corporate social responsibility trends in the relevant industries. The transparency movement, impact on human rights law of some extractive practices, and the effect of new changes to the Dodd-Frank Act mandating project-level disclosures of payments made for the purpose of natural resource commercial development will also be discussed. The conference will feature distinguished practitioners and scholars from a variety of backgrounds who will present their ideas and comment on their experiences with extractive industries.

 

REGISTRATION INFORMATION

Loyola University Chicago School of Law is pleased to present this important conference at no charge for Loyola students and faculty and individuals not seeking CLE credits. For those who wish to obtain credit, registration fees are $50, or $40 for alumni. There is no charge for CLE credit for current faculty, staff, or students, and an immediate 50% fee reduction is offered for attorneys working in the areas of government or public interest. Seating is limited and registration is appreciated. Open seating will be available on a first-come basis to those who do not register.

 

ABOUT THE LOYOLA UNIVERSITY CHICAGO INTERNATIONAL LAW REVIEW:

The Loyola University Chicago International Law Review is a semi-annual journal that focuses on current topics in international and comparative law. The journal is directed to students, academics, and practitioners in the legal community. It contributes to the general body of knowledge through publishing articles on important legal and social developments. Loyola law students edit, manage, and publish the journal, including the yearly symposium issue in which established scholars and practitioners contribute articles focusing on a contemporary issue in international law.

For more information, please contact Symposium Editor Natnael Moges at nmoges@luc.edu.

 

SYMPOSIUM AGENDA 

Friday, February 8, 2013

8:30 – 8:50 a.m.          Continental Breakfast

8:50 – 9:00 a.m.          Opening Remarks

Margaret Moses, Loyola University Chicago School of Law

James Gathii, Loyola University Chicago School of Law

 

9:00 – 10:30 a.m.

Panel #1 Key Issues Facing Corporations in Extractive Industries

Topic: This panel will appraise a variety of regulatory as well as legislative developments and corporate social responsibility trends and initiatives in the mining industry designed to address the consequences of mining on local communities and the environment.

 

Michael Bourassa, Fasken Martineau DuMoulin LLP

Sara L. Seck, Western University

Ibironke Odumosu-Ayanu, University of Saskatchewan

 

10:30 – 11:00 a.m.      Break

 

11:00 – 12:30 p.m.

Panel #2 Contract and Revenue Transparency

Topic: This panel will examine the trend towards transparency in negotiating contracts in the extractive industry and the influence of the publish-what-you-pay movement and the extent to which these initiatives can stop embezzlement, corruption, revenue misappropriation and ultimately reduce the propensity towards conflict in resource rich countries.

 

James Gathii, Loyola University Chicago School of Law

Peter Rosenblum, Columbia Law School

Erika George, S.J. Quinney College of Law - University of Utah

 

12:30 p.m. – 1:30 p.m.           Luncheon Scholarly Address

Pacifique Manirakiza, University of Ottawa

 

1:30 p.m. – 3:00 p.m.

Panel #3 The Cardin-Lugar Amendment and U.S. Corporations

Topic: This panel will discuss the international dimensions of Dodd-Frank. The panelists will debate the main issues raised by Section 1504 of the Dodd-Frank Wall Street Financial Reform Act, also known as the Cardin-Lugar Amendment. Section 1504 requires publicly traded oil, gas and mining companies to make project-level disclosures of payments made to governments around the world for the purpose of commercial development of natural resources. The panel will also discuss the issues raised in National Association of Manufacturers v. SEC which is challenging the Cardin-Lugar Amendment and the rules made by the SEC to implement it.

 

David Hackett, Baker McKenzie LLP

Marinke van Riet, International Director, Publish What You Pay

Steven Ramirez - Moderator, Loyola University Chicago School of Law

 

3:00 p.m. - 3:10 p.m.              Closing Remarks

 

 

MARGARET MOSES is the director of the International Law and Practice Program at Loyola University Chicago School of Law. She teaches International Commercial Arbitration, International Business Transactions, International Trade Finance, European Union Law, and Contracts.  Professor Moses is an internationally recognized scholar in the field of international commercial arbitration. In addition to arbitration, her areas of interest and research include international letters of credit, international business transactions, international trade finance and the right to a jury trial. She has published numerous law review articles on both domestic and international arbitration, as well as on international letters of credit, good faith, and other topics. She holds a BA, magna cum laude, from Agnes Scott; MAT from Harvard, MA and PhD from Indiana, and JD from Columbia.

 

JAMES T. GATHII  is the Wing-Tat Lee Chair in International Law at Loyola University Chicago School of Law.  Before joining Loyola, he was the associate dean for research and scholarship and the Governor George E. Pataki Professor of International Commercial Law at Albany Law School. His research and expertise is in the areas of public international law, international economic law, international trade law, law and development, as well as on issues of good governance and legal reform as they relate to the third world and sub-Saharan Africa in particular. Professor Gathii is an Independent Expert of the Working Group on Extractive Industries, Environment, and Human Rights Violations in Africa formed by the African Commission on Human and Peoples’ Rights. He is a founding member of the Third World Approaches to International Law network. He serves as co-chair of the African Interest Group of the American Society of International Law, and is a member of two International Law Association Study Committees: The Study Group on the Meaning of War and the Study Group on the Principles on the Engagement of Domestic Courts in the Application of International Law. He is on the Global Faculty of the Trade Policy Training Institute (TRAPCA) in Arusha, Tanzania. Professor Gathii received his LLB (Hons) from the University of Nairobi, Kenya, and an SJD (PhD) from Harvard Law School.

 

SPEAKERS

MICHAEL BOURASSAis a partner at Fasken Martineau, and served as the global mining group’s co-ordinator from 2004 to 2012. He has expertise in commercial agreements (joint ventures, royalties, options) related to mineral exploration and mining, as well as extensive experience in Canadian and international mining due diligence issues concerning title, technical matters, and environmental risk. He has also written articles on corporate social responsibility trends in the mining industry and is a member of the firm's CSR Practice group. He is a director of the Prospectors and Developers Association of Canada, a member of the mining executive committee for the International Bar Association, and a trustee for the Rocky Mountain Mineral Law Foundation (RMMLF). He is on the steering committee for the 2013 RMMLF programme in Cartagena, Colombia. He was named by Who's Who Legal as 'Mining Lawyer of the Year' in 2010, 2011 and 2012. Mr. Bourassa received his BSc in physical geography in 1976 from the University of Saskatchewan and worked in the uranium exploration industry for several years prior to graduating from law school in 1984. He received his LLB from the University of Ottawa.

ERIKA GEORGE isa professor of law at S.J. Quinney College of Law - University of Utah. She  served as a law clerk for Judge William T. Hart on the United States District Court for the Northern District of Illinois, as a litigation associate for the law firms of Jenner & Block in Chicago and Coudert Brothers LLP in New York City, and as a fellow and later consultant to Human Rights Watch. Her current research explores the responsibility of multinational corporations to respect international human rights and various efforts to hold corporations accountable for alleged violations of such rights. She has presented her research internationally, addressing audiences in Europe, Africa, and South America. She is a frequent speaker on issues related to women’s rights, human rights, and the rights and experiences of racial minorities. The BBC, The Economist, NBC News, CNN, and the Christian Science Monitor among other media outlets have reported on her human rights investigations. Professor George serves on the executive committee of the U.S. Department of State Public-Private Partnership for Justice Reform in Afghanistan, and as a member of the board of the American Civil Liberties Union of Utah. She earned a BA with honors and an MA in International Relations from the University of Chicago, and a JD from Harvard Law School.

DAVID HACKETT is a partner at Baker & McKenzie where he currently coordinates the North America Compliance Group. His practice concentrates on the representation of multinationals in U.S. and international compliance and environmental matters. He has litigated a number of major U.S. civil and criminal environmental cases and assisted numerous multinational companies with compliance and environmental issues in over 50 countries, as well as multiple matters relating to international treaties and multilateral lenders. Prior to joining Baker & McKenzie, he was a trial attorney with the United States Department of Justice with the Environmental Enforcement Section, where he received the Special Achievement Award for his excellence as an attorney. He is a past chairman of the International Environmental Committee of the American Bar Association Section on Natural Resources, Energy and Environmental Law. He is currently listed in Who’s Who Legal (Environment), Who’s Who Legal Illinois, Best Lawyers in America (Environment), Illinois Super Lawyers, Leading Lawyers in Illinois, Ethisphere, Attorneys Who Matter (Environment), and other rankings. Mr. Hackett received his BA from Haverford College and a JD from the University of Pennsylvania.

PACIFIQUE MANIRAKIZA is an associate professor University of Ottawa Faculty of Law, Common Law Section. He teaches Canadian criminal law and international criminal law. He has also been a member of and a faculty advisor for the editorial board of the Ottawa Law Review.  Before coming to the University of Ottawa, he held positions at the University of Burundi and at Hope University in Kenya. In summer 2011, he was a visiting professor at Université Martin Luther King and Hope Africa University in Burundi. Dr. Manirakiza also participated as a legal adviser in Burundi's peace negotiations held in Arusha (Tanzania).He has served as an intern and a member of a Defence team before the International Criminal Tribunal for Rwanda. He is currently serving a four year term as a member of the African Commission on Human and People’s Rights.  In that capacity, he is the chairperson of the newly established Working Group on Extractive Industries, Environment and Human Rights Violations. Dr. Manirakiza received his LLM and PhD from the University of Ottawa.

IBIRONKE ODUMOSU-AYANU is an assistant professor at the College of Law, University of Saskatchewan. She was a sessional lecturer at the Faculty of Law, University of British Columbia (UBC). She also worked for the Canadian Institute of Resources Law in Calgary. Dr. Odumosu-Ayanu has served as a consultant for the United Nations University (UNU) on a UNCTAD/UNU project on the rule of law and good business practices in zones of conflict. She is a barrister and solicitor of the Supreme Court of Nigeria. She also serves on the board of directors of the Canadian Law and Society Association and the Saskatchewan Intercultural Association. Her research focuses on the international law on foreign investment, often with studies drawing on examples from the extractive industries. She also has research interests in legal and international relations theory, socio-economic development, globalization and international law, and Africa and international law. Dr. Odumosu-Ayanu graduated as Gold-Medalist from the University of Lagos’ (Nigeria) LLB program with several awards, including the Vice Chancellor’s Prize for Best Performance at the Degree Level.

PETER ROSENBLUM is the holder of the Lieff, Cabraser, Heimann & Bernstein Clinical Professorship of Human Rights Law at Columbia Law School. He was a human rights officer with the Geneva-based precursor to the Office of the UN High Commissioner for Human Rights, a program director of the International Human Rights Law Group, and a researcher for both Human Rights Watch and the Lawyers' Committee for Human Rights. Before that, he was an associate at Baker & McKenzie in Chicago. He is a member of the Human Rights Watch Africa Division Advisory Committee, a consultant to The Carter Center, and a board member of several small NGOs. In the course of his career he has conducted field research and worked with local human rights groups in Asia, Africa and Latin America. Much of his recent work has focused on the confluence of natural resources and human rights around the world, with special emphasis on Africa. In the past five years, he has undertaken research and advocacy with his students at Columbia in Chad, Liberia, Peru, South Africa, the Democratic Republic of Congo, India, and Equatorial Guinea, among other countries. Professor Rosenblum received his JD from Northwestern, an LLM from Columbia, and a DEA with distinction from the University of Paris I (Panthéon-Sorbonne).

SARA L. SECK is an assistant professor of law at Western Law. Her research interests include corporate social responsibility, international sustainable development law and indigenous law, as well as international and transnational legal theory, notably the relationship between Third World Approaches to International Law (TWAIL) and international legal process theories informed by constructivist understandings of international relations. She has received research support from the Social Sciences and Humanities Research Council of Canada, including for a critical analysis of the home state duty to protect rights under the UN Protect, Respect, Remedy Framework, and Guiding Principles, for Business and Human Rights. Her publications can be found in the Canadian Yearbook of International Law; the Yale Human Rights and Development Law Journal; Trade, Law, and Development; the Osgoode Hall Law Journal; as well as other journals and as book chapters. Professor Seck received her PhD from Osgoode Hall Law School.

MARINKE VAN RIET is the International Director of Publish What You Pay (PWYP), based in London. She has led global coalition of 700 members and 40 national chapters through a strategic review exercise. This year-long participatory process led to the adoption of the Vision 20/20 during the tenth anniversary conference held in Amsterdam. Vision 20/20 has adopted a new strategic framework, the Chain for Change which is the value chain developed for and from a citizen’s perspective. Prior to joining PWYP, she worked at Marie Stopes International in Madagascar and Ghana. In addition she worked in DRC, Sierra Leone, Liberia, Mali, Malawi, Uganda, and Kenya for a microfinance institution and for a network focusing on pro-poor transport policies and practices. Her interest in natural resource governance stems from these cumulative experiences in Africa.  as in her view, these countries wouldn’t be poor if they only managed their natural wealth equitably and appropriately. Ms. van Riet is an African anthropologist by training with degrees from the University of Leiden, the Netherlands, and University of Cape Town, South Africa.

 

 

MODERATOR

STEVEN RAMIREZ is a professor of law and director of the Business Law Center at Loyola University Chicago School of Law.  He was a partner with Robinson Curley & Clayton, a Chicago litigation firm, specializing in corporate, securities and banking litigation. He also served as a Senior Attorney for the Resolution Trust Corporation and as an Enforcement Attorney with the Securities and Exchange Commission. Professor Ramirez teaches Business Organizations, a Securities Litigation Seminar, and other business related classes. He has published extensively in the areas of corporate governance and financial regulation, including the impact off the Sarbanes-Oxley Act of 2002. Professor Ramirez received his JD, cum laude, from Saint Louis University and an AB from the University of Missouri. 

Past ILR Symposiums

 

LLM Program for International Lawyers

Loyola University Chicago School of Law is pleased to announce its new LLM Program for International Lawyers featuring two tracks: Immersion in U.S. Law for Foreign Lawyers, and International Law with Focus Option. Track I is designed for foreign lawyers who seek to develop an expertise in specific aspects of American law. Students in Track II study private and public international law, and in addition may choose a focus in any of Loyola's specialty areas, including: arbitration, mediation and negotiation; business and tax; child and family; competition; health; intellectual property; or trade and finance. Loyola offers a partial-tuition scholarship program for exceptionally qualified students.

For more information, please visit www.luc.edu/law/gls/international/index.html.

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Philip H. Corboy Law Center · 25 E. Pearson Street · Chicago, IL 60611 · 312.915.7120

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