mozolin viktor pavlovich

Professor Viktor Pavlovich. Mozolin

 

Authored by Igor Novikov

 

On October 27, 2016 Mozolin V.P., prominent Russian scientist and civilist would have been 93 years old.

It is with great respect that the International Law Institute remembers the life and contributions of Professor Viktor P. Mozolin.  

Professor Mozolinwas affiliated with the International Law Institute for many years and was both a friend and scholarly contributor, providing keen comparative analysis of laws and economic policies between Soviet Union and Russia and that of the US. These viewpoints formed his vision for the future development of Russian civil law.

Prof. Mozolin served as a member of the faculty of law at Moscow State University. He first visited the United States in 1961 and shortly thereafter attended Columbia University Law School. His international education and his in-depth knowledge of common law, contract law, and the legislative process, advanced Viktor’s professional position in Russia and favorably distinguished him from other lawyers within the more traditional Soviet legal academic world.

Viktor provided important contributions and insights during the period of “perestroika”, when a number of legislative acts were enacted as a matter of urgency. Included in those economic reforms was legislation focused on entrepreneurship, joint enterprises, foreign investments, and privatization, in order to create circumstances for his country's transition to a market economy.

In his later years, Prof. Mozolin remained actively engaged in the development of legal norms concerning private ownership rights and the establishment of private commercial entities, which he viewed as a matter of priority for the development of the Russian economy and the improvement of living standards for the people.

Using terms such as "neo-concept" instead of "concept", "neo-reception" instead of "reception", Mozolin stressed his disagreement with the prevailing approaches in the development of new legislation meant to modernize the Russian economic system. As a scientific doctrine for the organization and management of the legal/private entities, he formulated his doctrine which he named "phaktorno-normativnaya teoria" or “Factor-Normative Theory” (which stressed that the progressive evolution of corporate structure, laws and regulations could take place only in concert with the corresponding development of the society and the state.) His own approach to the definition of law he referred to as the "people's normative concept of the law". The purpose of using such titles was to consistently provoke scientific discussions on critical topics of Russian legal science and how laws are not developed nominatively, but rather how they would actually be implemented, monitored, and enforced.

Viktor was concerned about the chaotic development of Russian legislation. He repeatedly reiterated that laws should not be created spontaneously. Legal studies and science should precede development of law, rather than follow. He thought civil law in Russia should be re-developed along with the development of the state and should leverage the experience and structure of civil and commercial laws utilized in other mature and developed economies.

Prof. Mozolin was the author of more than 150 books, textbooks and articles published in Russia and abroad, and was the chief editor of textbooks on Russian civil law.

Notable publications Mr. Mozolin authored or co-authored include: Farnsworth, E. Allan and Mozolin, Victor P. Contract Law in the USSR and the United States: History and General Concept. International Law Institute, Washington, DC, 1987; Mozolin, Victor P. Property Law in Contemporary Russia. International Law Institute, Washington, DC, 1993; Mozolin, V.P. and Masliaev, A.I. (editors). Russian Civil and Commercial Law. Windy, Simmonds, and Hill Publishing, London, 2009; и Mozolin, V.P. The Modern Doctrine and Civil Legislation in Russia. Yustitz Inform, Moscow 2008.

Colleagues note that Viktor’s work displayed a fascinating broad range of interests, artistic longevity, clarity of mind, and productivity. He was a product of his time, and the era set the direction and relevance of his research.

During the 1950s the Stalin era ended, and Khrushchev N.S. came to power. This was the beginning of the "Khrushchev Thaw." It was during this time period that the young Mozolin began his professional activity. He wrote his Candidate’s thesis on the topic of “Civil-Procedural Relationships in Law” and a number of articles on the topic. In this period Mozolin was also active in the sphere of the law on inventions and published a number of research articles both for academic and practical use.

During the 1960s legal and economic reform initiatives known as the “Kosygin Reforms,” were introduced.  These reforms emphasized de-centralization of the economy and shifting economic planning from the state bureaucracy to the production enterprises. During this period Mozolin was deeply interested in issues of ownership and forms of enterprises and institutions in the USSR. He was also awarded the rare chance to study abroad. He served 2-years as a fellow at Columbia University (USA) where he studied American corporations. He published several works and later defended his PhD/doctoral thesis regarding the issue of American corporations.

During the 1970s under Brezhnev, Mozolin worked at the University of Patris Lumumba, in Moscow. This university, which presented itself as a political institution where foreign students from “friendly” states studied and whose countries were financed by USSR’s communist representations abroad, gave Mozolin an exceptional opportunity to work on comparative legal studies. Mozolin continued research related to his series of publications on different aspects of American corporations; as well as on his research on legislation from India. He authored and published books and manuals on the issues of civil and trade laws of foreign nations, and on student professional development.

The era of Gorbachev brought “perestroika” an increasing freedom of thought and speech. The iron curtain opened. For many citizens, the Gorbachev period brought the first opportunity to go abroad. Mozolin continued his research on various aspects of foreign law. He devoted attention to national civil law, economics, and the role and opportunities of law in regulating economic mechanisms that could lift the Russian economy. He was concerned about issues of the development of civil law on the modern stage. In order to improve Soviet law he focused on comparative law, in particular the reception of adoptions and institutions. He was also interested in foreign civil law and the interaction of national and international laws. Together with his American colleagues he published an article on contract law in the United States and in the Soviet Union. Mozolin actively practiced as a lawyer and traveled abroad. In 1988-1990 he gave lectures on Soviet law at Georgetown University, Washington, D.C. At the same time he worked as a lead legal consultant in the group “Most” [a financial -industrial – media holding company] and cooperated with foreign law firms.

On December 26, 1991 the Soviet Union was dissolved. Followed was a period of privatization, often criticized by Mozolin for not having been better planned and implemented. This period saw new initiatives in the sphere of the development of law. The work on improving civil legislation began, as well as the work on model law statutes for former Soviet republics. During this period Mozolin published a number of articles on various aspects of property law in the Russian Federation as the country moved to a market economy. He wrote about the general theory of law, civil law and the theory of state law.

During the 1990s Mozolin travelled extensively. He successfully litigated cases in his client countries and eventually worked at a London law firm. Victor accumulated unique experience not only in the academic sphere but also in his practice area and law making/legislative process.

During the early 2000s at the end of the Yeltsin era and the rise to Putin’s power, Mozolin became the Head of the Department of Civil and Family Law at the Kutafin State Law Academy. He published a collection of his own research articles on relevant legal topics in Russian and in English. These publications contain a deep analysis of legal norms in various spheres of law but severely criticized approaches of adapting ad hoc laws and policies from foreign institutions and inserting them into Russian governance without having fully customized those foreign polices to meet Russian needs.

Well known Russian civilist, Professor Tolstoy Y.K said in 2004: The return of Mozolin to active scholarly and pedagogic work was right on time. There is an acute need for reforming and updating the modern Civil Code of the Russian Federation which should respond to current challenges and be an effective practical tool for raising effectiveness of societal production, attracting foreign investment, battling inflation and growth of peoples’ wealth and satisfying their needs – it should help create a true civil society not only proclaiming civil liberties but also protecting them. At the moment our Civil Code is far from these goals. In order to achieve this goal we need to bring all civil law specialist together from all walks of life. I hope that the experience of the last decade persuaded everyone that effective acts of law should be created for a prosperous society and help the society move to another level of social, economic, political and moral development.” Tolstoy Y.K. assigned him the role of an arbitrator, saying that Mozolin “could play a consolidating role in civil law scholarship”.

Beginning in 2010 and beyond, Mozolin continued publishing articles, taking part in legal conferences in the former Soviet Union states. He took part in the review of newly adopted laws. Some of his publications were criticized. He did not think about the structure of his articles. It was important for him to state his opinions and views, to set the direction for discussion. He was a civil law specialist and he got into polemics with editors and authors of legal publications. He was concise and did not spend time on details. He valued every single day of life and published more works. He issued his commentary on the Civil Code of the Russian Federation. In this period of time he criticized more often the anti-social direction of state policy towards law and economics.

High professionalism and remarkable personal qualities earned him many friends all over the world who remember and love him. Surely, many of his students and colleagues, living on different sides of the planet could say many kind words of Mozolin V.P and 27 October – the day of his birthday – to remember this prominent scientist and remarkable person.

SHORT BIOGRAPHICAL NOTES:

Mozolin Viktor Pavlovich – PhD in Law, professor, veteran of the 2nd World War.

He was born on October 27th, 1924, in the USSR, in the village of Yurino, Mariy-El Republic. Graduated from school in 1942.

In August 1942 at the age of 18 entered the army. After spending a few months in an army school he fought on the fronts of 2nd World War, was presented with the medals. He was wounded twice, demobilized in January 1946

In 1946 he was admitted to the Law Faculty of the Lomonosov Moscow State University. He graduated in 1951. He defended his candidate’s thesis in 1954 at Moscow State University with the topic of comparative analysis of civil procedure and soviet law (thesis supervisor – Professor Kleinman A.F.).

Between 1954 and 1971 Mozolin was a professor at Moscow State University.

1961-1962 – interned at Columbia University, New York, United States. In 1967 he defended his PhD/doctoral thesis with the topic of a the legal position of business corporations and main tendencies of laws regulating corporations in the United States. The thesis was defended at Moscow State University.

1971-1981 – Department Chair, Dean, Vice-Rector a University of Peoples’ Friendship (Patris Lumumba).

1981 – 1999 – Lead researcher of the Institute of State and Law of the Russian Academy of Science.

1988-1990 – He gave lectures on Soviet law at Georgetown University, Washington, D.C.

1987- 2000 - The lead legal consultant at a firm “Most”, cooperated with international law firms. From 1992 – until his death , he served as Head of the Higher School of Economic Law, and Head of Science at Moscow International University.

1999 – 2012 – was a Chair of the department of civil and family law at State Law Academy, later called Moscow State Law University named after Kutafin O.E.

He spent his last years working at the Institute of Law-Making and Comparative Legal Studies of the Government of the Russian Federation.

He was a member of the Council on codification and improvement of civil law of the President of the Russian Federation (2003-2014); a member of the Science-Advising Council of the Court/Tribunal of the Russian Federation; a judge of the International Commercial Arbitral Tribunal of the Chamber of Commerce and Industry of the Russian Federation; and a member of the Advisory Council of Federal Chamber of Lawyers.

Main spheres or areas of research interests included property law, contract law, civil legal relationship, legal personality (corporations), issues of intellectual property, and other issues of civil and commercial laws of Russia, USA, and other countries.

 

1CLS16   2CLS16
 China Law Society Meeting US Senate Judiciary

American College of Trail Lawyers with Richard Busse, Robert
Goodin, Susan Harriman, 
Honorable Susan Illston, and the
Honorable Charles Renfrew (ret.) 

 

The International Law Institute was again honored to have received an esteemed delegation of senior legal scholars, practitioners, and government representatives from China Law Society.

This was the second program in as many years, focusing on the Distribution of Judicial Powers in the US.

China Law Society (CLS) is a nationwide professional and academic organization, serving as a bond between Chinese legal professionals and legal practitioners. It plays an important role in developing the legal system, fostering legal research, and promoting the rule of law in China. China Law Society, its affiliated associations and local branches have actively organized legal professionals and practitioners in China to participate in the nation's legislation, judiciary, law enforcement and law popularization activities, have conducted legal researches and exchanges of multi-subjects, multi-levels and broad-fields, thus have made certain contributions to promoting rule of law in China, and to advance the development of the rule of law in China and to advance social prosperity.

Established in 1949, China Law Society now has 32 provincial branches, 56 affiliated associations and nearly 300,000 members. It serves at a very high level of prestige and input to the Chinese government and legal community and provides substantive legal impact both domestically and internationally. [www.chinalawsociety.com]

 

2BCLS16   2CCLS16
 Hon. Michael Mihm, U.S. District Court for the
Central District of Illinois
   Honorable Marian Horn, United States Court of Federal Claims

 

As a major channel of foreign legal exchanges in China, China Law Society maintains relations with more than 800 legal institutions from over 100 countries and regions globally. China Law Society maintains Memorandum of Mutual Cooperation with over 135 institutions from 88 countries. In cooperation with their international partners, China Law Society has conducted broad cooperation in mutual visits, academic studies, as well as legal professional training. *

The International Law Institute conducted training in 2015 with the China Law Society on “Judicial and Prosecutorial Independence; Selection Procedures of Judges and Prosecutors; and Oversight and Management Mechanisms”

That program provided the China Law Society thorough and diverse views and practices of the US judicial system and facilitated deeper comparative analysis of legal systems between US-Sino national systems, leading the China Law Society to submit a number of judicial reform recommendations upon their return to China. Selected recommendations by CLS were subsequently approved and enacted this year.

Mr. Meng Jianzhu, who heads the Central Political and Legal Affairs Commission of the Communist Party of China [overseeing the Judiciary, Prosecutors, Police and Public Safety] recognized ILI’s program as being exemplary and a model for foreign legal training. The program was highly publicized in China including “Democracy and Law” a leading legal publication.

Discussion points for this training continued to focus on U.S judicial practices, polices, and oversight systems.

Training was conducted in Washington, DC and San Francisco.

 

3CLS16   4CLS16
 China Law Society at the Ninth Circuit Court of Appeals   Bob Horowitz, Director of Professional Services,
American Bar Association
 

 

The delegation was led by Mr. XIAO Yubin, Deputy Director-General Membership Department, China Law Society. The delegation was further comprised of: Mr. SHAO Yu, Executive Vice-President Qinhai Law Society; Mr. DENG Jiawen, Executive Council Member, Fujian Law Society; Ms. JIN Nan, Director, Overseas Liaison Department, China Law Society; Mr. GAO Xin, Executive Council Member, Henan Law Society; Mr. SHEN Zhishen, Executive Council Member, Zhejiang Law Society; Mr. WU Peng, Executive Council Member, Jiangxi Law Society; Mr. LI Shaolin, Deputy Director-General Sichuan Public Security Bureau; Mr. FENG Zibao, Deputy Director-General, Ningxia Public Security Bureau; Mr. DU Hengnian, Deputy Director-General, Guangxi Justice Bureau; Mr. LIU Miao, Deputy Director-General, Shandong Justice Bureau; Mr. TANG Qingyang, Vice-President, Professor, Chongqing Party School; Mr. ZHAO Jie, Executive Council Member, Jinan Law Society; Mr. LI Yong, Council Member, Hainan Law Society; Mr. WANG Xiadong, Director, Inner Mongolia Social Management, Innovation Research Center; Mr. MIAO Lianying, Dean, Professor Law School Zhengzhou University; Ms. PENG Fenglian, Dean, Professor, Law School of Anhui Normal University; Mr. SONG Qing, Deputy Dean, Professor Low School of Guizhou Minzu University; Mr. YANG Weigui, Deputy Director, Personnel Department, China Law Society; Ms. SHEN Hui, Deputy Director, General Office Chinese Law Counseling Center; Mr. HE Peng, Program Officer, China Legal Exchange Center.

This program was supported by the gracious and expert inputs from a humbling assembly of training partners from the U.S. federal and state governments; law firms, and private sector legal organizations. ILI respectfully acknowledges the immeasurable expertise, contributions and program support from Professor James Feinerman, Georgetown University Law Center; Honorable Michael Mihm, Federal Judge, U.S. District Court for the Central District of Illinois; Honorable Marian Horn, United States Court of Federal Claims; Jim Chance, Federal Judicial Center; Lauren Mehler, US Senate – Senate Judiciary Committee; Ms. Tammy Reno and Ms. Barbara Ward, US Department of Justice; Mr. Joseph Cassilly, State's Attorney, Harford County, Maryland, representing the National District Attorney Association; Mr. Larry Moltzan, Chief National Center for Judicial Security, US Marshals Service; Mr. Geoffrey T. Cheshire, Legal and Policy Division Defender Services Administrative Office of the U.S. Courts ; Mr. Geremy Kamens, Acting Federal Public Defender, Eastern District of Virginia; Mr. Raul Ayala Assistant Federal Public Defender, Central District of California; Mr. David Porter Assistant Federal Public Defender, Eastern District of California Sacramento, CA)- Legal and Policy Division Defender Services Administrative Office of the U.S. Courts; Mr. Barry Pollack and Mr. Norman Reimer, National Association of Criminal Defense Lawyers; Mr. William Collins, Appellate Attorney and Ms. Janet Mitchell, Special Counsel and Supervising Attorney, Public Defender Service for the District of Columbia; Mr. Scott Harris, Clerk of the Supreme Court of the United States; Bob Horowitz, Director of Professional Services DC; Dennis Rendleman, Lead Senior Counsel, Ethics, Center for Professional Responsibility; Denise Cardman, Deputy Director, Governmental Affairs Office; Courtney Bronson, Associate Director Education, Center for Professional Development; Ms. Vanessa Hunsberger and Ms. Nominsuren Munkhuu, American Bar Association; Ms. Molly Dwyer Clerk of Courts, Ms. Lisa Fitzgerald, Chief Deputy Clerk; Kathleen Butterfield Court Historian, Mr. David Madden Assistant Circuit Executive For Public Information; Judge Marsha Berzon, Circuit Judge, and the Honorable William Fletcher, US Court of Appeals for the Ninth Circuit; Mr. Thomas Burke, Esq. Co-Chair Media Law Practice at Davis Tremaine LLP, Lecturer at Graduate School of Journalism Univ. California – Berkeley; Mr. William Freeman, Partner - Jones Day; Mr. Jeffery Apperson – Vice President, National Center for State Courts ; Mr. Richard Busse, Partner, Busse & Hart, LLP, Robert Goodin, Partner, Goodin, MacBride, Squeri & Day, LLP; Ms. Susan Harriman, Partner, Keker & Van Nest, LLP; Honorable Susan Illston, US District Court for the Northern District of California, and the Honorable Charles Renfrew (ret.), representing the American College of Trail Lawyers.

Program development and oversight by Robert Sargin, ILI Deputy Director. Special appreciation to ILI Associates, Ms. Shuyu Shen, Mr. Lixun Chen, Mr. Zitian Sun.

 

5CLS16    6CLS16
CLS at the US Supreme Court    Honorable William Fletcher,
US Court of Appeals for the Ninth Circuit

 

 DSC3255
 Dr. Allan Burman discusses government contracting and procurement protocols

 

The International Law Institute, in collaboration with the Beijing Lawyers Association and the Beijing Foreign Studies University, has recently completed training, in Beijing, for Chinese lawyers who will be working with the new Asian Infrastructure Investment Bank [AIIB] as well as clients of the AIIB including vendors, sovereigns, co-investors, and related parties.

Led by Dr. Allan Burman, President of Jefferson Solutions and an ILI expert faculty, training focused on government procurement and contracting procedures, sourcing, bid and award protocols, performance based acquisitions, and the regulatory structure and oversights of each.  Dr. Burman further presented on procurement polices of multilateral development banks involved in the contracting of development projects utilizing the World Bank Procurement Framework and detailing Contracting, Compliance, Integrity and Transparency compliance.

Dr. Burman is noted for his exemplary career in the Federal government, serving in policy positions in the Office of the Secretary of Defense and in the White House’s Office of Management and Budget (OMB) under Presidents Reagan, Bush and Clinton. As Administrator for Federal Procurement Policy in OMB, Dr. Burman authored the 1991 policy letter that established “performance-based contracting” as the favored approach for contract reform. 

For Immediate Release                                                                     

special announcement

 

 

IJAHeader           .................. blue outlines

 

 

It is with great pleasure that Professor Don Wallace, Jr., Chairman of the International Law Institute [www.ili.org] and Dr. James G. Apple, Chairman of the International Judicial Academy [www.ijaworld.org], announce the approval of a merger between the two organizations, effective October 1, 2016 with regulatory issues requiring several weeks to complete.

On behalf of their organizations, both Professor Wallace and Dr. Apple look forward to collaborating on advances in judicial and court training; supporting judicial reform initiatives globally; and expanding joint program offerings. Areas of specific focus will be court innovations and efficiencies; prosecutorial and defense attorney training; court technology; rights of the accused and human rights; influences of media on the courts and the judicial process; and specialized prosecutions, among other important topics.

Professor Wallace notes that the inclusion of IJA as ILI’s newest Center of Expertise will greatly enhance our program offerings as a full service institution assisting in strengthening judicial systems globally. Additionally, the ILI will be better positioned to support country-specific judicial and legal reforms with our clients around the world.

Dr. Apple affirms this notion, adding that the merger also allows IJA to expand its program options; its areas of outreach, including working with ILI’s global affiliates; as well as leveraging ILI’s vast access to international technical legal experts.

Under the merger, IJA will become a Center of Expertise within the International Law Institute.  Current Centers of Expertise include Alternative Dispute Resolution; Comparative Legislative Management; International Investment Law Center; International Trade Law; Private Investment in Infrastructure; and Procurement Law and Policy.

Dr. Apple will serve as the Center’s Director, and will continue to lead the mission and opportunities of the IJA.

The ILI is a leading provider of training and technical assistance in international law, international economics, and other aspects of international relations.  Established in 1955 and formerly part of Georgetown University, ILI is now an independent, non-political, non-profit educational institute serving a global constituency.  More than 30,000 participants, from over 186 countries, have been trained by ILI and its global affiliates. ILI also provides technical expertise to developing nations in the drafting of laws and the designing of their economic and government policies in efforts to further support and promote good and efficient governance through the rule of law. 

The ILI has drafted over 40 laws (subsequently enacted) for developing countries; designed and implemented country systems (Arbitration / Mediation, Public Procurement; Banking System; Anti-Corruption protocols) among other notable achievements.  Moreover, the ILI works closely with many governments across the globe including that of the United States where we work with the US Department of State teaching at the Foreign Service Institute as well as publishing various legal and scholarly texts.

The International Judicial Academy was founded in 1999 with the mission of “promoting the rule of law around the world through quality education, training and research” for judges, court officers, ministry of justice officials and other rule of law officers.  To accomplish this, the IJA has emphasized in its programs strengthening the judiciaries of client countries by promoting judicial independence and internationally recognized good practices. Its educational programs have promoted the effective roles of judges and court personnel in modern, fair, efficient, accessible, and transparent legal systems.

To date, the IJA has planned and conducted 160 seminars, conferences, and other educational programs for over 5,000 judges, court officers, and rule of law officials from nations in the Middle East, Far East, Africa, and South America.

IJA brings its scholarly publications including “International Judicial Monitor,” a globally recognized and awarded on-line publication which is created and operated in partnership with the American Society of International Law.  This publication is used to promote and exchange technical dialogue throughout the judicial community.

Published four times per year, the International Judicial Monitor features topics including: Justice in Profile; International Tribunal Spotlight; Global Judicial Dialogue; General Principles of International Law; Leading Figures in International Law; Justice Sector Assessment; In Review - New Publications on International and Comparative Law; Historic Moments in International Law; Private International Law Discourse; Judicial Reform Report which focuses on specific areas of judicial reform; editorial commentary; and 100 Ways International Law Shapes Our Lives.

The combined organization remains a non-profit, non-political, educational, and technical assistance organization, headquartered at the International Law Institute, 1055 Thomas Jefferson St. NW, M-100, Washington, DC  20007, +1.202.247.6006.

 

100 2073
Werner Kronstein

 

The International Law Institute wishes to celebrate the life of one of its long-time leaders and honor his contribution to the Institute, the rule of law and the legacy of his father, who founded the Institute.

It is with great sadness that the International Law Institute reports the passing of Werner J. Kronstein.  Werner was a long-time member of the ILI’s Board of Directors, in recent years having served as its vice chairman. He was the son of Professor Heinrich Kronstein, the founder of the International Law Institute.  Werner spent the bulk of his legal career as a partner in the international law firm of Arnold & Porter, where he focused his practice on the representation of international corporations in matters before the Securities and Exchange Commission. Notwithstanding his busy practice, Werner always found time for the ILI.   In recent years especially he devoted much time and effort to honoring and promoting the legacy of his father, Heinrich Kronstein.

Werner received his A.B. from Georgetown University in 1953 and his LL.B. from the Georgetown University Law Center in 1956.

After World War II Werner’s father, Professor Heinrich Kronstein, devoted himself to developing closer ties between the European and American legal systems and was highly instrumental in bringing concepts of American antitrust law and other principles of American law to post-war Germany.  In recent years Werner spent extensive amounts of time in researching, collecting and cataloguing the important writings of his father on antitrust law and other topics and in honoring his father’s significant historical legacy.  This included Werner’s helping to organize a 2010 reunion in Frankfurt of the so-called Kronstein Kreis of lawyers who had worked and/or studied under Heinrich Kronstein; a 2014 symposium at Heidelberg University largely devoted to Heinrich’s legacy in bringing concepts of antitrust law to Germany after World War II; and a symposium at Heidelberg in June 2016 which addressed the topic of Antitrust Law in Information Technology Markets.  Werner also helped to honor his father’s legacy at ILI’s 60th Anniversary dinner held in December 2015 at the German Embassy in Washington, DC.

Werner Kronstein is survived by his devoted wife of 53 years Ilse Marie, and his son Phillip.  

  

1

Front Row: Dr. Allan Burman, Kim Phan, ZHANG Mingqi, YIN Baohu
Second Row:  SUN Zitian, GU Ran, Jason Matechak, Robert Sargin, ZHANG Wei, YANG Shangrun, YANG Xiaoping, SHEN Shuyu

 
The International Law Institute was proud to welcome Mr. Zhang Mingqi, Vice-President of China Law Society, and Vice-Chairman of Law Committee of National People’s Congress, accompanied by an esteemed delegation of senior Chinese legal experts of the China Law Society. 
 
Mr. Zhang was accompanied by Mr. Yin Baohu, Secretary-General of the delegation, also the Director-General of China Legal Exchange Center of China Law Society; Mr. Yang Shangrun, Vice-President of Chinese Financial Workers’ Union; Mr. Yang Xiaoping, Deputy Director-General of Overseas Liaison Department of China Law Society; Ms. Zhang Wei, Vice-President of Beijing Lawyers Association; and President of Beijing Win Law Firm; and Ms. Gu Ran, Program Officer of China Legal Exchange Centre of China Law Society. 
 
The purpose of our conference focused on the established educational partnership between the China Law Society and the International Law Institute.  Included in discussion were our upcoming training program for senior Chinese legal experts on the topic of the Reasonable Distribution of Judicial Powers.  Also discussed were possible future cooperation in the areas of government procurement and issues related to international trade. 
 
Representing ILI were Kim Phan, ILI Executive Director; Spencer S. Griffith, ILI Vice-Board Chairman and Partner at the firm of Akin Gump, LLP; Dr. Allan V. Burman, ILI expert faculty and President of Jefferson Solution of Jefferson Consulting Group, LLC; Jason Matechak, ILI Director of Center for Public Procurement; and Robert Sargin, ILI Deputy Director.  The conference was supported by the assistance of ILI Associates Ms. Shuyu Shen and Mr. Zitian Sun.
 
The International Law Institute is very proud of our relationship with China Law Society.  We hope that the ILI can continue to provide substantive benefit to the capacity needs for the China Law Society and legal community throughout China.  
 
 
 
 
CLS 2   CLS 3
 Mr. Zhang Mingqi discusses China Law Society and ILI initiatives  Spencer Griffith addresses TPP and regional trade issues
 
 

 

SDP 1
 

 

The International Law Institute was pleased to welcome a leadership delegation from the People’s Procuratorate of Shandong Province, China.  The esteemed delegation was headed by Mr. Lyu Shengchang, Vice Procurator-General of People’s Procuratorate of Shandong Province and accompanied by Mr. Wei Yun, Procurator-General of People’s Procuratorate of Zibo City; Mr. Liu Jiaxiang, Procurator-General of People’s Procuratorate of Zaozhuang, City; Ms. Yu Ping, Vice Procurator-General of People’s Procuratorate of Qingdao City; Miao Chengying, Director of Large Case Command Center of Anti-Corruption Bureau of People’s Procuratorate of Shandong Province; Mr. Li Yuxiang, Standing Committee Member of Police Force Division of People’s Procuratorate of Shandong Province; and Ms. Wang Yang, General Manager of Shandong Regov Foreign Affairs Service Co., Ltd.

Meetings focused on prosecutorial investigation of misappropriation of public money and the recovery of assets and specialized programs for prosecutorial and enforcement agencies.

The meeting was hosted by Robert Sargin, ILI Deputy Director along with Kim Phan, ILI Executive Director; Ralph Caccia, Expert Faculty and Partner of Wiley & Rein LLP., and Stefan Cassella, Expert Faculty and Owner of Asset Forfeiture Law, LLC. The conference was supported by the assistance of ILI Associates Ms. Shuyu Shen and Mr. Zitian Sun.

The International Law Institute has for many years worked closely and constructively with officials and the legal community in Shandong Provice, and hopes to be of continued assistance as a specialied techncial resource.  

Below please find an invitation to the 2016 Heidelberg Antitrust Symposium, jointly sponsored by the Heidelberg University Law Faculty, the International Law Institute, and the Georgetown Law Graduate and Transnational Programs Office, to be held Friday, June 17, 2016, at Heidelberg University.  The Symposium will address the topic of Antitrust Law in Information Technology Markets, in the United States, Europe and the developing world, particularly in light of the legacy of Prof. Dr. Heinrich Kronstein.

We very much hope you will attend.

Sincerely,

Don Wallace Jr., Chairman
International Law Institute
1055 Thomas Jefferson Street, NW
Washington, DC 20007
Tel: 202-247-6006
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Prof. Dr. Peter-Christian Mueller-Graff
Heidelberg University Law Faculty
Friedrich-Ebert-Platz 2
D-69117 Heidelberg
Tel.: +49 (0)6221-547595

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HEIDELBERG ANTITRUST SYMPOSIUM 2016

DATE: Friday, June 17, 2016, 9:00 - 16:00h

LOCATION:
Heidelberg Center for American Studies, Curt und Heidemarie Engelhorn Palais, Hauptstrasse 120, Heidelberg, Germany

The International Law Institute ("ILI"), Washington, DC, the Heidelberg University Law Faculty, Heidelberg, Germany, and the Georgetown Law Graduate and Transnational Programs Office, Washington, DC, are pleased to announce a Conference on:

ANTITRUST LAW IN INFORMATION TECHNOLOGY MARKETS

The Conference will take place from 9:00 until 16:00h on Friday, June 17, 2016.  Prof. Don Wallace, Jr., Chairman of ILI, and Prof. Dr. Peter-Christian Mueller-Graff, Heidelberg Law Faculty, will preside at the event.

The symposium is a sequel to the symposium held at Heidelberg in May 2014 which honored the legacy of Prof. Dr. Heinrich Kronstein, addressed his past and future impact on antitrust law, and served to organize the continuation of the work and spirit of the Kronstein Kreis.

An AGENDA for the Symposium appears immediately below. 

Attendees will have the chance to put questions to the panels.  It is anticipated that the Symposium will be most enlightening for practitioners interested in antitrust law, particularly as it relates to technology markets, as well as individuals who were part of the Heinrich Kronstein Kreis.

Please advise Christina von Busch, This email address is being protected from spambots. You need JavaScript enabled to view it., no later than June 9, whether you plan to attend, with a copy to Jason Everett at ILI, This email address is being protected from spambots. You need JavaScript enabled to view it.

For anyone needing hotel accommodations in Heidelberg, please click on the following link to access the Convention & Visitors Bureau Hotel Reservation Form.

 


About ILI

The International Law Institute was founded in 1955 as part of Georgetown University. Since 1983, ILI has been an independent, non-profit training institution.

ILI offers training to assist government officials, practitioners and the private sector in finding solutions to the legal and economic challenges faced by developing nations and emerging economies. More than 30,000 participants, from over 186 countries, have been trained by ILI and its global affiliates.

About Heidelberg University Law Faculty

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AGENDA

Heidelberg Symposium 2016

ANTITRUST LAW IN INFORMATION TECHNOLOGY MARKETS

Heidelberg University

Friday, June 17, 2016, 9:00-16:00h

 

I.  Introductory Remarks

- Prof. Dr. Peter-Christian Mueller-Graff, Heidelberg University Law Faculty.

- Prof. Don Wallace, Jr., Chairman, International Law Institute; Faculty,
  Georgetown University Law Center, Washington, DC.

II.  Panel 1:  Antitrust, Technology Companies, and Shifting Norms:  How Far Apart are the US and EU? (9-11h)

    • Divergence of norms between the United States and the European Union; how does this affect the antitrust analysis?
    • How should we view the antitrust actions against large high tech firms in light of Heinrich Kronstein's legacy?

- Prof. William Evan Kovacic, Faculty, George Washington University Law School, Washington, DC;
  Former Chairman, U.S. Federal Trade Commission.

- Dr. Markus Roehrig, Partner, HengelerMueller, Brussels. 

- Ms. Sarah Zinndorf, Dr. Jr. Candidate, Heidelberg University.

III.   Panel 2:  Developing a Modern Approach to Antitrust Legislation: How emerging economies are (and should be)
        managing dominant tech firms and the market
(11-13h)

    • In light of the high-tech climate, what could China, India, and other emerging economies take from the application of antitrust law of the EU and the US to tech giants?
    • Structuring antitrust measures in light of the dynamic tech marketplace.

- Prof. Christopher S. Yoo, Faculty, University of Pennsylvania Law School, Philadelphia, PA.                  

- Prof. Dr. Frank P. Maier-Rigaud, Head of Competition Economics Europe, NERA Economic Consulting,
  Berlin and Brussels; IESEG (LEM-CNRS), Paris.                 

- Dr. Jingwen Zhu, Partner, Winston & Strawn, Hong Kong.

IV.  Panel 3:  The Horizon: Trends in Tech and the Future of Antitrust (14-16h)

    • The marketplace of large technology firms is constantly shifting, dominance is fleeting, and new innovations and firms are always challenging the status quo.  In light of this and recent antitrust proceedings, what does the future hold for both the marketplace and the industry?

- Prof. William Evan Kovacic.

- Mr. Boris Wenger, Partner, Froriep, Zuerich.

- Dr. Rainer Becker, DG Competition,  European Commission.

V.  Closing Remarks

- Prof. Dr. Peter-Christian Mueller-Graff.

 

 


SPEAKERS AND PANELISTS

DR. RAINER BECKER is acting head of unit in the policy and strategy directorate of the European Commission's DG Competition. His unit is in charge of coordinating the Commission's antitrust and cartel cases and of developing competition policy in this area. In this function, he is involved in all major EU antitrust cases.

Dr. Becker previously served in several positions within DG Competition, working in particular on the EU's legislative initiative on private damages actions, and in operational units of the authority handling antitrust and merger matters in different industries. Before joining the Commission in 2004, he was a lawyer of the Brussels and Cologne bars and a senior associate in a major international law firm. He advised clients across a range of industries on European and German merger control, antitrust and cross-border litigation matters.

Dr. Becker has published and spoken widely on various issues of antitrust law, general EU law and comparative law, and occasionally lectures at Heidelberg University. Born in 1969, he studied Law, and Spanish & French literature at universities in Germany, Spain and Canada and holds Ph.D. (Trier), LL.M. (McGill) and Ass./Ref. iur. (Rh. Pfalz) degrees in law. He is fluent in German, English, French and Spanish.

PROF. WILLIAM E. KOVACIC is Global Competition Professor of Law and Policy, Professor of Law, and Director, Competition Law Center at the George Washington University Law School, Washington, DC.  Before joining GW Law School in 1999, Prof. Kovacic was the George Mason University Foundation Professor at the George Mason University School of Law.  From January 2006 to October 2011, he was a member of the U.S. Federal Trade Commission and chaired the agency from March 2008 to March 2009. He was the FTC's General Counsel from June 2001 to December 2004. In 2011 he received the FTC's Miles W. Kirkpatrick Award for Lifetime Achievement.

Since August 2013, Prof. Kovacic has served as a Non-Executive Director with the United Kingdom's Competition and Markets Authority. From January 2009 to September 2011, he was Vice-Chair for Outreach for the International Competition Network. He has advised many countries and international organizations on antitrust, consumer protection, government contracts, and the design of regulatory institutions, and is the author of numerous articles on the subject of competition.  He received his B.A. from Princeton University and his J.D. from Columbia University Law School.

PROF. Dr. FRANK P. MAIER-RIGAUD is Director and the Head of NERA's European Competition Economics Group. He has over 15 years of competition experience across all sectors encompassing all areas of competition economics, notably competitive effects of mergers, cartels, quantification of damages, abuse of dominance, state aid, and vertical and horizontal restraints. His research also addresses issues concerning the quantification of damage, the competitive effects of loyalty schemes/rebates and cartels, as well as behavioral and structural remedies.

He is a Full Professor in the Department of Economics and Quantitative Methods at the IÉSEG School of Management Paris and the Université Catholique de Lille, and a member of LEM-CNRS, the French Centre National de la Recherche Scientifique. Leading a team of over 25 professional competition economists mainly in the Brussels, London, Berlin and Paris offices of NERA, he works on a wide range of EU and EU Member State competition cases including for example the largest damages case brought so far in the EU, the appeal of the EU merger decision in the Telefónica Deutschland/ E-Plus case in front of the European Courts and large EU merger projects such as the GE/Alstom transaction.

Dr. Maier-Rigaud was a Senior Economist of the Directorate General for Competition of the European Commission, where he was responsible for the review and scrutiny of hundreds of antitrust and merger decisions, the peer review panels and the sector inquiry framework. He led among the largest European Commission inspection teams comprised also of members of the French, German, and UK authorities on dawn raids and was involved in cases such as ENI, Intel, Prokent/Tomra, Réel/Alcan Pechiney, MasterCard, Oracle/PeopleSoft, and Sony/BMG. He appeared on behalf of the European Commission at numerous conferences, in case hearings, and before the European courts. As a Senior Economist in the Policy and Decision Scrutiny Directorate, he was involved in the Article 82 (now 102) review, the project group on services of general economic interest that laid the foundations for a more economic approach in state aid control and was the responsible economist in the early phases of the private enforcement/ damages claims initiative.

Dr. Maier-Rigaud was also Senior Economist at the Competition Division of the Organisation for Economic Co-operation and Development (OECD) where he oversaw the Working Party on Competition and Regulation, the tri-annual meetings of OECD member and observer country competition authorities on technical economic and regulatory competition issues.

Dr. Maier-Rigaud is member of the advisory board of Wirtschaft und Wettbewerb the oldest competition law journal in Europe. He teaches courses in Industrial Organisation, Competition Policy, Public and Regulatory Economics and Experimental Economics and publishes prolifically in these areas. Among other journals, OECD publications, and books, his work has appeared in the Antitrust Law Journal, the European Competition Journal, the European Competition Law Review, the Journal of Competition Law and Economics, the Journal of European Competition Law and Practice, the Journal of Conflict Resolution, the Journal of Economic Behavior and Organization, the Journal of Institutional Economics and Wirtschaft und Wettbewerb. He also won the 2014 Concurrences Antitrust Writing Award in the Category Business Economics for his work on retail price maintenance.


PROF. DR. PETER-CHRISTIAN MUELLER-GRAFF is full professor for Private, Business, European and Comparative Law and Director of the Institute for Corporate and Business Law at Heidelberg University (IGW). He is chairman of the German Association of Law Faculties since 2013, chairman of the German European Studies Association since 2002 and counsel of several ministries. He is author of many books and articles on Business Law (including Antitrust) and European Union, Private and Comparative Law. He is or has been also a visiting professor at several foreign universities, among them Georgetown University Law Center and Cornell University Law School, Nancy and Bordeaux, Zürich and Vienna, Cracow and Budapest, the College of Europe Bruges/Natolin and Nihon (Tokyo).


After graduating from Tübingen University Law Faculty (First State Exam) he studied at Cornell Law School, clerked at different courts and at the European Commission, acquired the qualification to sit as judge (Second State Exam), concluded his doctorate and his habilitation at Tübingen University, was appointed as professor of law at Cologne University in 1982 and as Judge at the Court of Appeals (Private Law and Competition Law) in 1985. In 1986 he joined the Trier University Law Faculty and in 1994 the Heidelberg University Law Faculty where he served as Dean from 1999 to 2004. He also served as Counsel to the European Constitutional Convention and represented the Federal Republic before the European Court of Justice.

DR. MARKUS ROEHRIG is an antitrust partner at Hengeler Mueller in Brussels. He holds a doctorate degree from the University of Cologne and a master's degree from Georgetown University Law Center in Washington, DC. He has authored several articles and spoken at various conferences on antitrust law. Dr. Röhrig is admitted to practice in Germany and in New York. He frequently advises clients on the European and German antitrust and merger control laws. He represents companies before the European Commission, the Federal Cartel Office, as well as the European and German courts. Over the past years, he has been heavily involved in international cartel cases, internal antitrust compliance investigations, and in strengthening companies' compliance policy and culture.

PROF. DON WALLACE, JR. is Chairman of the International Law Institute, Washington, DC, and Professor at Georgetown University Law Center.  Prof. Wallace was the Regional Legal Advisor for the Middle East and Deputy Assistant General Counsel to AID in the Department of State from 1962-66, a founding board member of the International Development Law Organization in Rome, and has been the head of the International Law Institute since 1970.  He chaired the Advisory Committee on World Trade and Technology to the Office of Technology Assessment of the U.S. Congress from 1976-79, and is currently a member of the Secretary of State's Advisory Committee on Private International Law, a U.S. Delegate to UNCITRAL, and a correspondent of UNIDROIT and the vice president of the UNIDROIT Foundation in Rome. He has also been chair of the Section of International Law and Practice of the American Bar Association and a member of the ABA House of Delegates.

Recent and current activities also include assisting Rwanda with the preparation of its constitution and commercial law, teaching in China, directing a research and exchange project with Russia, serving on boards involving academic activities in Egypt, in Indonesia, in Serbia and in Bulgaria, and the advisory board of the ABA Rule of Law Initiative (ROLI).  He has been on the roster of World Trade Organization (WTO) panelists.  He is the author of books and articles.  He received his B.A. from Yale University and his LL.B. from Harvard Law School.

MR. BORIS WENGER is a partner with Froriep in Zurich and heads the firm's competition group. His practice focuses on all aspects of Swiss and European competition law. He acts as counsel in competition law matters before competition authorities, civil courts and arbitral tribunals. Alongside his competition law practice, he also has considerable experience advising on matters of public commercial law, such as public procurement, customs and export control matters.

He obtained his law degrees from the University of Basel in 1996 (lic. iur.) and from Stanford Law School (JSM) in 2002. He was admitted to the Zurich Bar in 2001. Previously, he served as a teaching assistant at the University of Basel. He is a frequent speaker and he publishes regularly on various topics of competition law.

PROF. CHRISTOPHER S. YOO is the John H. Chestnut Professor of Law, Communication, and Computer & Information Science and the Founding Director of the Center for Technology, Innovation and Competition at the University of Pennsylvania.  His research focuses on the insights that the principles of network engineering and imperfect competition provide into the regulation of the Internet and intellectual property.  He is building an innovative integrated interdisciplinary program designed to produce a new generation of professionals with advanced training in both law and engineering.  He is leading a major study comparing competition policy in China, Europe. and the U.S.  He is also the primary organizer of an empirical analysis of innovative ways on connecting more of the world the Internet. 

Before entering the academy, Professor Yoo clerked for Justice Anthony M. Kennedy of the Supreme Court of the United States and Judge A. Raymond Randolph of the U.S. Court of Appeals for the D.C. Circuit.  He also practiced law with Hogan & Hartson (then Hogan Lovells) under the supervision of now-Chief Justice John G. Roberts, Jr.  He also served as a professor at the Vanderbilt Law School, where he led the Technology and Entertainment Law Program.  He is a graduate of Harvard College, the Anderson School at UCLA, and the Northwestern University School of Law.  The author of four books and more than seventy articles and book chapters, Professor Yoo testifies frequently before Congress, the Federal Communications Commission, the Federal Trade Commission, and foreign regulatory authorities. 

DR. JINGWEN ZHU is a partner of Winston & Strawn Hong Kong & China. She advises international corporations on merger notifications, antitrust  investigations, private antitrust litigation, antitrust counseling, commercial strategy, and compliance. She also has experience in state-owned monopolies, privatization of infrastructure, and subsequent sector regulation. She advises clients in a wide range of sectors ranging from air and maritime transportation, health care, insurance, telecommunication, luxury goods, leisure and hospitality to diverse manufacturing activities. Dr. Zhu has been ranked as a leading competition lawyer by International Financial Law Review (Hong Kong) 2012-2016. She received her doctorate degree (Dr. jur. summa cum laude) from University of Munich.

MS. SARAH ZINNDORFis a Doctor of Laws candidate at the University of Heidelberg and currently works as Legal Trainee (Referendarin) at the Higher Regional Court in Frankfurt am Main.

In her doctoral thesis she analyzes the application of E.U. Antitrust Law on search engine markets, focusing on the Google case and the vertical integration of specialized search services. For her research she has been granted a scholarship from the Episcopal Foundation Cusanuswerk

After graduating from Heidelberg Law School (First State Exam) in 2012, she worked as Research Associate at the Institute of German and European Corporate and Business Law for Professor Peter-Christian Müller-Graff. In 2013 she was Visiting Researcher at the University of Chicago Law School (supported by the German Academic Exchange Service) where she worked closely with Professor Randal C. Picker.

 Ike-Ekweremadu

 Senator Ekweremadu speaking at the ILI Alumni Reception held in Abuja

 

Nigeria’s democracy cannot survive without the rule of law – Ekweremadu

 

The Deputy President of the Senate, Ike Ekweremadu, has said that no democracy in the world can survive without strict adherence to the rule of law.

This is contained in a statement signed by his Special Adviser on Media, Uche Anichukwu, and issued to journalists on Saturday in Abuja.

According to the statement, Mr. Ekweremadu made the remark at a dinner organised by the International Law Institute (ILI), Washington DC, for its alumni in Nigeria.

He noted that no country could experience meaningful development without the rule of law. He said: “Democracy becomes gravely imperilled if the powers of the judiciary to enforce compliance with the rule of law are subjected to legal, extra-legal, and sociological limitations.

“Our task as an emerging democracy is to continue to build a society where government agencies as well as individuals and private entities must be subjected to and accountable under the law.

“We must ensure that the process by which laws are enacted, administered, and enforced is accessible, fair and efficient.

“We must ensure that justice is delivered according to established laws, timeously, competently, ethically and independently.

“I hold the opinion and fervently so that the principle of the rule of law is at the heart of the survival of democracy.

“A democracy without the rule of law is like salt that has lost its saltiness.”

The Senator noted that the World Bank had indicated that economic growth, political modernisation, protection of human rights and other worthy objectives, were hinged on the rule of law.

He expressed concern that developing nations, which were in dire need of development, lacked the rule of law to a large extent. He attributed the situation to lack of strong democratic institutions, lack of independence of the judiciary and political instability.

Mr. Ekweremadu assured that the National Assembly would continue to partner ILI to build the capacity of its members and parliamentary staff.

The statement quoted Kim Phan, the Executive Director of ILI, as expressing happiness with the growth of democracy in Nigeria. She also expressed joy with the opportunity the institute had to be part of the country’s success story.

She said that the institute was committed to the growth of democracy and development of Nigeria.

 

 

 

Article republished with permission from Premium Times of Nigeria - http://www.premiumtimesng.com

 

 

TPP-Sponsors-small

 

 

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Richard Cunningham, Steptoe & Johnson; Barbara Weisel, USTR for South Asia & Pacific

Patrick Marory, Director of International Trade Law Center, ILI

Everett Eissenstat & Jayme White, Senate Finance; Angela Ellard & Jason Kearns, House Ways & Means

 

On December 8, 2015, the ILI held a one-day conference on the Trans-Pacific Partnership.  About one hundred people attended the conference, and the speakers included the Chief Majority and Minority Counsel to the Senate Finance and House Ways and Means Committee, the senior TPP negotiator at the Office of the U.S. Trade Representative, the Assistant U.S. Trade Representative for Congressional Affairs, two leading trade economists, representatives of key industries such as textiles and apparel, agriculture, information technology, and biologics, a representative of the AFL-CIO, and two leading trade lawyers who were closely involved in the negotiations.   The names of the speakers are listed below.  


The importance of TPP was highlighted by the fact that Asia's middle class is the fastest growing market in the world, and that by 2030 two-thirds of the world's middle class will be in Asia.  Also, 44 percent of U.S. goods exports and 29 percent of U.S. service exports go to TPP countries.   The Peterson Institute for International Economics has estimated that by the year 2025 TPP will produce real U.S. income benefits of $77 billion a year, and that U.S. exports will increase by $123.5 billion a year.   The benefits will be worth $2000 a year per U.S. household.   Ninety-eight percent of tariffs on U.S. industrial and consumer exports to TPP countries will be eliminated immediately.

 

 
FOR LIST OF SPEAKERS AND SELECTED CONFERENCE PAPERS PLEASE CLICK HERE
 
 
TPP Ratification 2

The general view was that from the U.S. point of view the TPP was a good agreement that will open up significant markets for U.S. industries.   It was not as strong as it might have been, but this was at least in part due to the United States not being willing to make more concessions.  In the words of one speaker (Claude Barfield, of AEI), the agreement deserved a silver but not a gold medal. 

Highlights from the Conference included:

  • Agriculture:  the agreement will open up significant export opportunities in poultry, through tariff reductions by Japan and Vietnam; beef, pork, and soybeans through tariff reductions by Japan; and dairy through tariff reductions by Japan and greater market access to Canada.
  • Autos:  Elimination of tariffs on U.S. autos and trucks, and a bilateral agreement with Japan designed to deal with Japanese non-tariff measures.
  • Biologics: The TPP provides for a minimum of 8 years of data protection or a comparable outcome through 5 years of data protection and other measures.   This was disappointing to the U.S. pharmaceutical industry, which had pressed for the current U.S. standard of twelve years.  Senator Hatch, Chairman of the Senate Finance Committee, has expressed serious concern about this issue.
  • State-Owned Enterprises:  The agreement includes the first-ever comprehensive and enforceable rules on SOEs.
  • Investor-State Dispute Settlement:  In response to concerns expressed by NGOs, the agreement contains provisions designed to prevent frivolous complaints that might limit policy space for governments in areas such as health and the environment.  The question was raised whether the carve-out of the tobacco industry from ISDS might be extended to other industries, such as sugar, in future agreements.
  • China:  The view was expressed that China would not be able to join TPP, at least in the short term, because it could not comply with the "gold standard" provisions, such as those on SOE, and that in any event Congress would block it.
     

The key question at this point is of course whether the U.S. Congress will approve the agreement.  Most of the speakers were reasonably optimistic, though recognizing that some issues -- such as the term of protection for biologics - may have to be renegotiated, as happened with the Korea, Peru and Colombian FTAs, and that the implementing legislation is likely to contain some "sweeteners" designed to persuade particular senators and congressmen to vote in favor of the agreement.  It was pointed out that if TPP does not go through, there is no chance of approval for the Transatlantic Trade and Investment Partnership (U.S. and EU).