DATES: NOV  25 - DEC 6, 2019    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $3950    
       

 

 

 

 

 

COURSE LINKS: 

MULTILATERAL AND REGIONAL TRADE AGREEMENTS

THE TRADE FACILITATION AGREEMENT & OTHER IMPORTANT CUSTOMS ISSUES

 

Overview

This seminar offers an exciting opportunity for personal and professional development, and consists of a combination of two courses: Multilateral and Regional Trade Agreements; and The Trade Facilitation Agreement & Other Important Customs Issues. Participants in this course will receive two certificates indicating completion of each seminar. To see descriptions of the topical areas covered, please refer to the two descriptions above or in the ILI Brochure. In addition, the participants who enroll in this two week combination seminar will have more opportunities to network and can take part in the optional weekend sightseeing tour of Washington offered to participants who attend seminars lasting two weeks or longer at the ILI.

 

Course Advisor

Patrick Macrory is Director of ILI's International Trade Law Center. He was a senior partner in two of Washington's largest law firms, and has practiced trade law for more than forty years. He has taught international trade law at universities in Washington, London, and Tokyo. He has written extensively on the subject, and was Editor-in-Chief of a major multi-volume work on the WTO published in 2005. He is also co-editor of “A Business Guide to Trade and Investment”, published in 2017/18 by the International Chamber of Commerce.

 

 

DATES: DEC 2-6, 2019    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $1995    
       

 

 

 

 

 

Overview

Customs authorities play a vital role with respect to international trade in goods. As the “gatekeepers”, they are charged with determining how much duty to assess on imports, as well as enforcing statutory restrictions on the import of specific goods. The course will discuss the way in which customs authorities carry out their duties, and the international agreements that govern their operations. The course will focus on the Trade Facilitation Agreement (TFA), adopted by the WTO in 2013 and entered into force in 2017. The TFA requires each Member to implement 37 specific obligations, all designed to streamline the international movement of goods. The TFA developed countries already comply with all or most of the obligations, so that the burden of implementation will fall most heavily on developing countries. However, the TFA is the first WTO Agreement to allow Members to set their own timetables for implementation and to condition implementation of specific obligations on the receipt of adequate technical assistance.

The course is designed as a practical course that will assist trade officials in their work and provide hands-on advice on implementation of the TFA, as well as to deal with its challenges. It will be taught by present and former senior government officials, leading academics and practitioners, and officials from multinational organizations.


Course Outline

Functions of Customs Authorities

  • Duty Assesment

    • Classification
    • Valuation
    • Rules of Origin
  • Import Licensing
  • Other

The Trade Facilitation Agreement

  • Background and rationale
  • Overview of the Agreement
  • Implementation – categorization of requirements
  • Key issues:

    • Transparency
    • Advance rulings
    • Review procedures
    • Release of goods
    • Border agency cooperation
    • Formalities, including Single Window
    • Freedom of Transit
    • Customs Cooperation
    • Shipping/Logistics
    • Transport security
    • IT and e-commerce

Course Advisor

Patrick Macrory is Director of ILI's International Trade Law Center. He was a senior partner in two of Washington's largest law firms, and has practiced trade law for more than forty years. He has taught international trade law at universities in Washington, London, and Tokyo. He has written extensively on the subject, and was Editor-in-Chief of a major multi-volume work on the WTO published in 2005. He is also co-editor of “A Business Guide to Trade and Investment”, published in 2017/18 by the International Chamber of Commerce.

NOTE: This course can be taken on its own or in conjunction with the course on Multilateral and Regional Trade Agreements, to be held the previous week.

 

DATES: NOV  25 - DEC 6, 2019    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $3950    
         

 

 

 

 

 

Overview

The use of investment treaties – including bilateral investment treaties (BITs) and free trade agreements (FTAs) - has exploded in recent years. Almost 3000 such treaties are in effect. Foreign investors have used BITs to initiate hundreds of international arbitration disputes against host governments with amounts ranging from a few million to several billion dollars in connection with foreign investments. This seminar teaches participants how to draft, negotiate, and interpret international investment treaties and also how to prevent and resolve disputes arising from them. Additionally, it includes advanced instruction in how and when international arbitration proceedings are initiated against nations that violate international treaties.

Course Outline

 

Basic Standards for the Treatment of Foreign Investment

  • National laws and regulations
  • Minimum standards under customary international law
  • Background on the history of free trade and other agreements relating to investment
  • Substance of common investor protection clauses, including national treatment, MFN, fair and equitable treatment, transfer of funds and expropriation and nationalization

 

Investor-State Dispute Settlement

  • Arbitration under various treaties, including ICSID, NAFTA, CAFTA, ECT and UNCITRAL
  • Selection of forum and the arbitrators
  • Alternative forms of dispute resolution
  • Role of the arbitral tribunal and conduct of proceedings
  • Managing the arbitration
  • Sources and choice of applicable law
  • State defenses to investor claims
  • Methods of calculating damages
  • Recognition, enforcement and challenges to an arbitral award

Course Advisors

Ian A. Laird is co-chair of Crowell & Moring’s International Dispute Resolution Group and an adjunct professor at Columbia University School of Law and Georgetown University Law Center. He represents a range of clients in international arbitration proceedings involving disputes between corporations and foreign sovereign governments. Ian is recognized as a leading practitioner in the field of arbitration by the International Who’s Who of Commercial Arbitration Lawyers 2016.

Dr. Borzu Sabahi is an attorney in the International Arbitration group of Curtis, Mallet-Prevost Colt & Mosle LLP in Washington, DC. He represents governments in international arbitration matters in a variety of sectors. He was recognized by the International Who’s Who of Commercial Arbitration Lawyers 2016 as a leading practitioner. He is also an adjunct professor at Georgetown and Columbia Law Schools, an Editor of Oxford’s InvestmentClaims.com, and a Co-Chair of the Annual Juris Conference in Washington, DC. His publications have been cited by arbitraltribunals and the U.S. Supreme Court. He is licensed to practice in New York and the District of Columbia.

 

DATES: NOV 25-29, 2019    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $1995    
       

 

 

 

 

 

Overview

The seminar will cover the basic GATT and WTO rules, and examine the implications of the growth of RTAs. The course is designed to help governments and enterprises to take full advantage of the opportunities provided by multilateral and regional trade agreements, as well as to deal with their challenges. It will be taught by present and former senior government officials, leading academics and practitioners, and officials from multinational organizations.

The creation of the WTO some twenty years ago, with its effective enforcement system, vastly expanded the scope and effectiveness of the international trade system. While the Doha Round of multilateral trade negotiations largely failed, the WTO still plays a vital role in the trading system, which is underpinned by the rules developed by the GATT (the WTO’s predecessor) and the WTO itself. Most importantly, these rules are enforced by the WTO dispute settlement system, which is much more effective than most international D/S systems. More than 500 cases have been filed with the WTO, compared with only three state-to-state cases under the NAFTA.

In part because of the failure of the Doha Round to produce much in the way of lowered trade barriers, Regional Trade Agreements (RTAs) have become an increasingly important part of the international trading system. RTAs already cover more than half of world trade, and massive new agreements are under negotiation. Although the United States has pulled out of the Trans Pacific Partnership, the other eleven signatories are reportedly moving ahead. China is leading negotiations of the Regional Comprehensive Economic Partnership (RCEP) (16 countries, including India, China, Japan and Korea, accounting for nearly 30 percent of world trade). The Transatlantic Trade and Investment Partnership (TTIP) between the United States and the EU, accounting for about 40 percent of world trade, is another possibility. There is also a great deal of RTA activity in Africa, as the many existing RTAs are consolidated with a view to eventually creating a single African Economic Union.


Course Outline


Background: the International Trading System

  • Creation and operation of the WTO
  • Rules governing trade in goods, services and intellectual property
  • WTO dispute settlement

Regional Trade Agreements

  • GATT and GATS provisions authorising RTAs
  • The pros and cons of RTAs
  • The growth of “Megaregionals”
  • Dispute settlement in RTAs
  • Particular issues:

    • Trade in goods – rules of origin
    • Trade in services
    • Intellectual property
    • Investment
    • Non-traditional issues – environment, labor, etc.

Course Advisor

Patrick Macrory is Director of ILI's International Trade Law Center. He was a senior partner in two of Washington's largest law firms, and has practiced trade law for more than forty years. He has taught international trade law at universities in Washington, London, and Tokyo. He has written extensively on the subject, and was Editor-in-Chief of a major multi-volume work on the WTO published in 2005. He is also co-editor of “A Business Guide to Trade and Investment”, published in 2017/18 by the International Chamber of Commerce.

NOTE: This course can be taken on its own or in conjunction with the course on the Trade Facilitation Agreement and Other Important Customs Issues, to be held the following week.

DATES: NOV 25-29, 2019    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $1995    
         

 

 

 

 


Overview

This course teaches lawyers, and other professionals, such as international investors (whether companies or individuals), as well as government officials how to draft, negotiate and interpret bilateral investment treaties (BITs) and investment chapters of free trade agreements, and how to resolve disputes arising from them, including the valuation of damages and enforcement of arbitral awards. The use of BITs has exploded in recent years, with almost 3,000 such treaties in effect. This course provides the participants with an in-depth understanding of the fundamental principles applied in Investor-State arbitration.

Course Outline

 

Basic Standards for the Treatment of Foreign Investment

  • Background on the history of free trade and other agreements relating to foreign investment
  • Minimum standards under customary international law
  • Substance of common investor protection clauses in BITs, including national treatment, MFN, fair and equitable treatment, and expropriation and nationalization

 

Investor-State Dispute Settlement

  • Arbitration under various treaties and rules, including ICSID, NAFTA, CAFTA, ECT and UNCITRAL
  • Parallel proceedings and related problems
  • Selection of forum and the arbitrators
  • Sources and choice of applicable law
  • Key jurisdictional thresholds: consent, investment (jurisdiction ratione materiae), investor (jurisdiction ratione personae)
  • State defenses to investor claims
  • Methods of calculating damages
  • Recognition, enforcement and challenges to an arbitral award

Course Advisors

Ian A. Laird is co-chair of the Crowell & Moring's International Dispute Resolution Group and an adjunct professor at Columbia University School of Law and Georgetown University Law Center. He represents a range of clients in international arbitration proceedings involving disputes between corporations and foreign sovereign governments. Ian is recognized as a leading practitioner in the arbitration field by the International Who's Who of Commercial Arbitration Lawyers 2016. He is the co-Founder and Editor-in-Chief of InvestmentClaims.com, the on-line investment arbitration award service published by Oxford University Press. He is licensed to practice in Washington DC as a Special Legal Consultant and in Ontario, Canada as a Barrister & Solicitor.

Dr. Borzu Sabahi is an attorney in the International Arbitration group of Curtis, Mallet-Prevost Colt & Mosle LLP in Washington, DC.  He represents governments in international arbitration matters in a variety of sectors.  He was recognized by the International Who's Who of International Commercial Arbitration Lawyers 2016 as a leading practitioner.  He is also an adjunct professor at Georgetown and Columbia Law Schools, an Editor of Oxford’s InvestmentClaims.com, and a Co-Chair of the Annual Juris Conference in D.C.  His publications have been cited by arbitral tribunals and the U.S. Supreme Court.  He is licensed to practice in New York and the District of Columbia.