DATES: POSTPONED
   
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $1995    
       

 

 Overview

Inadequate cross-border insolvency policies negatively impact a country's financial and institutional stress and security.  It inhibits foreign direct investment; burdens judicial systems; leads to asset outflow; and increases recovery time of financial downturns. Comprehensive legal frameworks that target domestic and international proceedings can counteract these consequences and attract investments and minimize lending risks. This one-week seminar on advanced cross-border insolvency will compare insolvency regimes, analyze model laws, discuss domestic needs and limitations, and introduce the latest developments in the field. Through this course, participants will be able to consider current and potential reforms addressing their country's bankruptcy policies.

 

Course Outline

 

Impact of Inadequate Domestic and Cross-Border Insolvency Laws

  • Economic Impact
  • Cross-border investment
  • Personal liability
  • Off shoring of Cash Assets
  • Impact on Institutional and Banking [Lending and Recovery]
  • Judicial Efficiency

Review of Cross-Border Insolvency Regimes

  • UNCITRAL Model Law Provisions
  • EC Regulation on Insolvency Proceedings 2000
  • Other robust country-specific laws
  • Comparison of advantages and disadvantages

Discussions on Specific Provisions and Their Impacts

  • Access
  • Application and commencement
  • Eligibility and jurisdiction
  • Commencement standards and applicable laws

Treatment of assets upon commencement

  • Assets included and excluded
  • Protection and preservation of estate
  • Use and disposal
  • Post-commencement finance
  • Treatment of contracts
  • Avoidance proceedings

Stakeholders

  • Debtor
  • Insolvency representative
  • Creditors
  • Other stakeholders

Reorganization

Management of proceedings

  • Treatment of creditor claims
  • Priorities and distribution of proceeds
  • Treatment of corporate groups
  • Judicial procedure
  • Domestic
  • International

Conclusion, discharge and closure

Recognition and Enforcement of Insolvency-Related Judgments

  • Draft Model Law
  • Draft Guide to Enactment of the Model Law

Cooperation and coordination

Facilitating the cross-border insolvency of multinational enterprise groups

Impacts on

  • Judiciaries
  • Government policy / treaties
  • Lenders and commercial communities
  • Domestic and Foreign Direct Investment

Program will be infused with case studies and updates on international bankruptcy policies

 

 

DATES: NOV  26 - DEC 7, 2018    
         
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.

 

 

Upcoming Seminars:
THE TRADE FACILITATION AGREEMENT, AND REGIONAL TRADE AGREEMENTS
November 27 - December 1, 2017

The creation of the WTO twenty years ago, with its effective enforcement system, vastly expanded the scope and effectiveness of the international trade system. The most significant recent developments affecting the system have been the adoption by the WTO of the Trade Facilitation Agreement, the first major multilateral trade agreement in more than twenty years, and the rapid growth of regional trade agreements. While providing an overview of the world trading system as a whole, the course will focus heavily on the implications of these important developments.

  • The Trade Facilitation Agreement (TFA), adopted by the WTO in 2013 and expected to enter into force in late 2016 or early 2017, requires each Member to implement 37 specific obligations, all designed to streamline the international movement of goods. As developed countries already comply with all or most of the obligations, the burden of implementation will fall most heavily on developing countries.
  • 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 awaiting ratification or under negotiation. These include the Trans Pacific Partnership (TPP) (12 countries including the United States and Japan, covering around 40 percent of world trade), the Transatlantic Trade and Investment Partnership (TTIP) between the United States and the EU, also accounting for about 40 percent of world trade, and the Regional Comprehensive Economic Partnership (RCEP) (16 countries, including India, China, Japan and Korea, accounting for nearly 30 percent of world trade). 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.

The course will examine the implications of these important developments. It is designed as a practical course that will assist trade officials in their work, provide hands-on advice on implementation of the TFA, and help 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.

   

Key Topics:

  • Background: the International Trading System
  • The Trade Facilitation Agreement
  • Regional Trade Agreements

Apply Now

Washington, DC; 10 Business Days; Tuition $3950
 

 
 

2018 SEMINAR SCHEDULE

   
 

ABOUT THE 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 has a long-standing track record of assisting emerging economies and developing countries in achieving economic growth through sound governance and legal infrastructure.

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.

ILI participants are exposed to the best practices in good governance, management, and transparency standards that will give them the tools to improve the performance of government agencies, promote public accountability in government and achieve economic growth. More than 32,000 participants, from 186 countries, have been trained by ILI and its global affiliates. ILI organizes special seminars and conferences in the ILI facilities and abroad. ILI also partners with many renowned organizations to co-sponsor other events which contribute to the promotion of the rule of law and international development.

 

International Law Institute

Fostering Prosperity Through the Rule of Law
1055 Thomas Jefferson St., NW Suite M-100 Washington, DC 20007
Tel: 202.247.6006 Fax: 202.247.6010 Website:
www.ili.org

 

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DATES: NOV 26-30, 2018    
         
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: SEP 3 - 14, 2018    
         
VENUE: ILI Headquarters, Washington, D.C., USA      
       
TUITION: $3950    
       

 

 

 

 

 

Overview

This seminar is designed to introduce participants to the strategies, approaches and tools for developing effective country public procurement systems. It highlights the essential aspects of a well-designed country procurement system covering legal, institutional, operational, professional, and transparency aspects. It approaches the public procurement system of a country as part of its governance framework, looking at transparency and accountability within policies, legislation and regulations. Recently, the World Bank, African Development Bank, as well as other regional development banks have changed their procurement policies and regulations. Such developments are testimony to the increasing reliance on the use of a country's own institutions and systems. Utilizing a country´s own procurement system strengthens its capacity to sustainably define, execute and account for its policies.

Course Outline

Overview of Public Procurement Reform and Country Procurement Systems 

  • Role and importance of public procurement in governance
  • Examination of trends in public procurement reform and implementing strategies
  • Assessing public procurement systems: Methodology for the Assessment of Procurement Systems (MAPS)
  • Risks in procurement and accountability, procurement audits
  • Mobilizing financial and other resources to strengthen procurement systems

Legislative and Regulatory Framework 

  • Main components of legal and regulatory framework for a public procurement system
  • UNCITRAL Public Procurement Model Law
  • Anti-corruption, integrity and ethics
  • Sustainable procurement and socio-economic considerations
  • Trade and economic integration agreements in public procurement

Institutional, Operational and Organizational Resources 

  • Main institutional, operational and organizational issues in a public procurement system
  • Designing a central policy office for a public procurement system
  • Informational systems and management
  • Financial control and audit in public procurement systems
  • Collection and reporting of data on procurement activities

Professional Procurement Workforce 

  • Main features of a professional workforce for a public procurement system
  • Development of a code of ethics
  • Establishing performance incentives and performance reviews
  • Designing and institutionalizing public procurement curricula and training 

Introducing new Procurement Policies and Practices 

  • Strategy for implementing e-procurement
  • Innovative procurement methods, framework agreements and e-Reverse Auctions

Course Advisors

Sabine Engelhard is a lawyer specialized in procurement whose career focus has been in international development, capacity building and governance-related issues. She held various senior positions at the Inter-American Development Bank (IDB). She also worked at the World Bank, with a prominent international law firm, and headed the Washington office of an international consulting firm. Sabine has been involved in high-profile initiatives with the World Trade Organization (WTO) and the Organisation for Economic Cooperation and Development (OECD), to strengthen country procurement governance. Today Ms. Engelhard consults for different international organizations. She is an independent expert with the United Nations (UN) Award-Review Board, advising on procurement challenges resolution. She is a course advisor and a lecturer at the International Law Institute (ILI) in Washington DC, and lectures in the Procurement Master’s Program of the International Training Center of the International Labour Organization (ITC/ILO) in Turin, Italy. She holds master-level and post-graduate degrees in Law, International Relations, and European Studies.

Bernard Becq is the World Bank´s former Chief Procurement Policy Officer, Head of the Procurement Policy and Services Sectors Board. Today Dr. Becq works as an independent consultant with more than 35 years of experience. Dr. Becq´s experience includes working with French development agencies, in particular, he was the Deputy Chief of the International Consulting Firm of ENPC, and Project Officer and Adviser to the President at Agence Coopération et Aménagement (ACA). Dr. Becq holds graduate degrees in Mathematics from Paris VI University and in civil engineering from ENTPE in Paris, France, and a Masters degree in Urban and Regional Planning from the University of Southern California (USC), in Los Angeles, USA, where he also completed post graduate work (PhD ABD).