DATES: NOV 27 - DEC 1, 2017
   
TUITION: $1995

 

 

 

Overview

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.


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

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

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.

 

DATES: SEP 4 - SEP 22, 2017    
       
TUITION: $5950    
       

 

 

 

Overview

The Procurement Integrity program covers the institutional, legal, and procedural issues involved in the procurement of goods and services by public entities and discusses reform programs to improve transparency, efficiency and accountability. It provides participants with a detailed analysis of the project-procurement cycle including a full presentation of the procurement policies of international financial institutions (IFI) such as the World Bank. The program incorporates the strategies and approaches within the United States and globally to create an organizational culture committed to high ethical standards and integrity. Participants will learn best practices on ensuring organizational procurements are performed fairly, impartially, honestly, legally, and free from fraud and abuse.

 

Course Outline

 

Public Procurement Reforms

  • Reform programs and approaches to enhance transparency, efficiency, integrity and accountability

 

National Procurement Laws and Institutions

  • Differing approaches under common law and civil code systems
  • UNCITRAL model law
  • Transparency and accountability; ethics and corruption

 

International Procurement

  • Policies and procedures of international financial institutions such as the World Bank, AfDB, ADB, IDB, etc.

 

Procurement Planning

  • Role and objectives
  • Policy and institutional aspects
  • Project cycle: procurement issues
  • Procurement process under goods, works and PPP
  • Budgeting, budget utilization and monitoring

 

Selection of Consultants

  • Procedures of IFI
  • Terms of reference, evaluation of proposals
  • Contracts: lump sum, time-based

 

International Competitive Bidding (ICB)

  • Objectives, principles, and key features
  • The bid package: preparation and scheduling
  • Bid advertising and prequalification
  • Preparation of bidding documents
  • Bid examination, evaluation, and award

 

Other Methods of Procurement

  • Limited/restrictive international bidding, national competitive bidding
  • Direct purchase, shopping
  • Internet bidding, electronic procurement
  • Green Procurement
  • Versatile and adaptive procurement

 

Contract Administration

  • Principal types of contracts, terms, and guarantees
  • Negotiation techniques
  • Dispute avoidance and resolution
  • Oversight and monitoring
  • Performance-Based Contracting

 

U.S. Anti-Corruption

  • U.S. Anti-Corruption Agencies
  • Inspector General Community
  • Oversight

 

Risk Framework Models

  • Committee of Sponsoring Organizations of the Treadway Commissions (COSO)
  • Government Accountability Office (GAO)
  • Association of Certified Fraud Examiners (ACFE)

 

Got Ethics

  • Ethics & Compliance Programs
  • Whistle-Blower Protections

 

Procurement Fraud

  • Make-up and Schemes
  • Vulnerabilities
  • Criminal, Civil and/or Administrative

 

The Fraudster

  • Mind-set & Motivation
  • Elusiveness

 

Procurement Integrity Control System®

  • Elements
  • Criteria

 

Investigations

  • Fraud Risk Theories
  • Proactive Approaches
  • Case Preparation

 

Case Study

  • Ethical Reform Movement
  • Road Blocks
  • Victories and Set-Backs

 

Course Advisors

Ms. Sheryl Steckler was formerly the Inspector General for Palm Beach County and the Department of Children & Families, State of Florida.  Ms. Steckler has worked in law enforcement and criminal justice related positions for over 30 years. She is presently the President of Procurement Integrity Consulting Services, a woman-owned small business specializing in developing, assessing, and structuring strategies to assure contracting integrity by mitigating the inherent risk to procurement fraud and abuse.  Ms. Steckler is currently a Certified Inspector General, Certified Inspector General Investigator and formerly a certified law enforcement officer and public assistance fraud investigator. Ms. Steckler holds a master’s degree in Public Administration and a bachelor’s degree in Criminology from Florida State University.

Mr. Tom Caulfield was formerly the Executive Director of Training for the Council of the Inspectors General on Integrity and Efficiency.  Mr. Caulfield spent over 38 years of federal government service, his assignments included responsibilities at both the senior executive and case agent levels in law enforcement, criminal investigations, anti-fraud strategies, white-collar crime investigations, polygraph, internal oversight, and professional development and training.   He is currently the Chief Operating Officer for Procurement Integrity Consulting Services and was a member of the U.S. Department of Justice National Procurement Fraud Task-Force.  He holds degrees in Criminology and Criminal Justice and currently is a Certified Fraud Examiner, Certified Inspector General, and Certified Inspector General Investigator.

Ms. Steckler and Mr. Caulfield are frequent instructors at both domestic and international forms and have published and co-published several articles on subjects related to the prevention and detection of procurement fraud and abuse. Their material has been referenced in various federal reports and book publications. Some of the articles can be found at:  http://www.procurement-integrity.net/publications.html).

 

DATES: NOV  27 - DEC 8, 2017    
       
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: FEB 27 - MAR 3, 2017    
       
TUITION: $1995    
       

 

 

 

Overview

This course is designed for policy makers, legislators, senior officials who have an oversight role in procurement for their respective institutions. Participants will gain insight on procurement reform, and why the need for reform, international standards of procurement, the roles of the executive, judiciary, and legislature in procurement, and the tools for oversight of procurement. Participants will also get a basic overview of procurement. *Please note that this course is designed for those who have a policy or oversight responsibility of procurement; participants who have to execute and be operational in procurement should register for the International Public Procurement or Country Procurement Systems course.

 

Course Outline

 

Public Procurement Reforms

  • Reform programs and approaches to enhance transparency, efficiency, integrity, and accountability

 

National Procurement Laws and International Standards

  • Differing approaches under common law and civil code systems
  • UNCITRAL model law
  • Transparency and accountability, ethics, and corruption
  • Procurement as a policy tool to stimulate growth

 

Role of government in procurement

  • Executive
  • Legislative
  • Judiciary

 

Oversight tools

  • Procurement audits
  • The role of a Government Accountability Office
  • Civil Society
  • Sanctions

 

Course Advisors

Dr. Allan V. Burman is President of Jefferson Solutions. He advises firms, Congressional committees, federal and state agencies and international bodies on acquisition matters. Dr. Burman was the longest serving Administrator of the Office of Federal Procurement Policy, serving under 4 U.S. Presidents. He has testified before Congress over forty times. Dr. Burman holds a PhD from George Washington University, and a master’s degree from Harvard University.

Ms. Kim Phan is the Executive Director of the International Law Institute. In addition to overseeing the portfolios of the Institute, she also serves as the co-course advisor in the ILI Legislative Strategic Management course, and Leadership and Management in International Development course. She served as project director for ILI’s procurement projects and legislative-capacity building projects and has managed projects in all regions of the world. Ms. Phan has a master’s degree from Northwestern University School of Law.

 

DATES: NOV 27 - DEC 1, 2017    
       
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.