DATES:    JUL 10 - 21, 2017

TUITION:  $3950

 

Overview

Economic development is frequently dependent upon a strong and efficient agricultural sector. In this seminar participants will learn how to use public-private partnerships (PPPs) effectively to mobilize resources for improving agricultural productivity and strengthening the value chain. By examining a range of comparative case studies, participants will develop skills to recognize and address multiple challenges inherent in PPPs for their effective application in the agriculture and food sectors, to appreciate the value of multi-stakeholder engagement and participatory process in PPP design and implementation and to identify and cultivate potential partnerships. The seminar is designed specifically for the benefit of those actors in the public and private sectors and CSOs/NGOs who are engaged in agricultural development and food security programming as well as government officials responsible for the design and implementation of national policies for food security and/or in related ministries (agriculture, environment, health, etc.).

In the context of this seminar, the term PPPs is used to refer not only to the financing of physical infrastructure projects necessary to achieve food security (such as development of transportation networks (roads, ports, etc.), warehousing and storage, all of which contribute towards improved distribution networks) but also to a wider range of PPPs that may be considered unique and important to the food security community (such as value-chain development, innovation and technology transfer, delivery of nutrition programs and producer extension training, etc.).

 

Course Outline

 

CHALLENGES IN ACHIEVING FOOD SECURITY

  • Deconstruction of the "four pillars of food security" discussed below
  • Overview of global food system
  • Underpinning legal frameworks (International and National levels)

 

PPPs IN THE AGRICULTURE AND FOOD SECTORS

  • Understanding PPPs - The Basics
  • Use of PPPs in the agriculture and food sectors

-  Differences, benefits and challenges
-  Role and contributions of private and public sector players and CSOs/NGOs
-  Types of agreements and financing

 

PRACTICAL APPLICATION OF PPPs (Corresponding with the "four pillars" – Availability, Access, Utilization and Stability):

PRODUCTION (Pillar 1 – “Availability”)

  • Physical Components

-  Natural resource management (soils, water, energy, renewable sources)
-  Geography and climate (change); climate-smart/sustainable agriculture
-  Biodiversity and use of technology (livestock and seed selection)
-  Environmental protection and Environmental Impact Assessment

 

  • Social Components:

-  Land ownership and tenure (including gender issues, traditional and indigenous rights)
-  Land use planning and zoning
-  Producer organizational structure (individual, cooperative associations)
-  Production types (e.g., contract farming)

 

  • Financial Components:

-  Financiers (commercial and development banks, leasing companies, etc.)
-  Financing instruments (secured transactions, negotiables, warehouse receipts, etc.)
-  Access to credit (including gender issues and access for MSMEs)
-  Insurance and risk management

  • PPP Applications (e.g., innovation and technology transfer, delivery of extension training, with emphasis on small holder farmers)

 

DISTRIBUTION AND INFRASTRUCTURE (Pillar 1 - “Availability”)

 

  • Physical infrastructure (roads, rail)
  • Supply chain management
  • Storage and processing facilities (e.g., warehouses, cold storage)
  • Value added and marketing
  • Reduction of post-harvest losses and food waste “from farm to fork"
  • PPP Applications (e.g., value chain development, physical infrastructure upgrades)

 

EXCHANGE AND TRADE (Pillar 1 - “Availability”)

 

  • International trade and special rules for agriculture (WTO Agreement and regional trade agreements)
  • Domestic policies (subsidies, price supports and other market interventions)
  • Domestic markets, investment and global competition
  • PPP Applications (e.g., business development, producer advisory services)

 

NUTRITION (Pillars 2 – “Access” and 3 – “Utilization")

 

  • Nutritional challenges – reducing malnutrition and obesity
  • Maternal/child health and consumer education
  • Nutritional guidelines – “our food plate”
  • Alleviating malnutrition through biofortification
  • PPP Applications (e.g., program delivery - improved livelihoods, school feeding; technology transfer in bio-fortification)

 

QUALITY AND SAFETY (Pillars 1 – “Production” and 3 – “Utilization”)

 

  • Consumer protection and quality assurance
  • Food safety standards and implementation
  • PPP Applications (e.g., capacity-building in processing and handling)

 

SOCIAL SAFETY NETS AND STABILITY (Pillar 4 – “Stability”)

 

  • Emergency preparedness, planning and disaster relief
  • PPP Applications (e.g., emergency relief)

 

NATIONAL CROSS-SECTORAL PLANNING FOR FOOD SECURITY

 

  • Methodology for developing an effective national cross-sectoral plan
  • Participation and consultation with national and local stakeholders (small holders and farmer organizations, civil society, private sector, other groups)
  • Effective integration of the use of PPPs and engagement of private sector
  • Contributions of international and regional organizations (i.e., World Bank, United Nations, Food and Agriculture Organization, etc.)

 

Course Advisors

Jeannette Tramhel is a Senior Legal Officer with the Department of International Law of the Secretariat for Legal Affairs at the Organization of American States. She has been involved in private international law, commercial, business and trade law for over 20 years as a practicing lawyer and staff member of the OAS and UNCITRAL. She holds an LL.B. from Queen’s University in Canada, an LL.M. from Georgetown University (with distinction) and is a member of the bar in Ontario and New York. She also holds degrees in agriculture and environmental design and has worked as an international development professional in partnership with communities in Southeast Asia, Africa, Central America and the Caribbean to orchestrate projects that address complex issues of food security and sustainable development.

Carol Mates was Principal Counsel at the International Finance Corporation (IFC) in Washington, D.C., the intergovernmental international financial organization that is the private sector affiliate of the World Bank, where she worked for almost three decades. She represented IFC as a lender and equity investor in private-sector projects in emerging markets including Latin America, Africa, Eastern and Central Europe, India and East Asia; these include infrastructure projects such as power, telecom, transport, and water projects (including public-private partnerships), corporate debt and equity investments in different sectors. After retiring from IFC, Ms. Mates worked at USAID covering the legal aspects of the Development Credit Authority guarantee program. Prior to her position at IFC, she worked in private law firms in New York City and in the legal department of a US multinational commercial bank in Boston. Her teaching experience includes being an Adjunct Professor at Georgetown University Law Center and lecturing at Boston University Law School. She holds a JD from Columbia University School of Law and an AB from Barnard College of Columbia University.

DATES: JUL 10 - 21, 2017    
       
TUITION: $3950     
       

 

 

 

Overview

Lawyers play an important role in public-private partnerships and in conflict resolution for PPPs. This course is designed specifically for lawyers to teach what they need to know about PPP design, agreements, and pitfalls in PPP. Topics covered include negotiating, drafting and implementing Public-Private Partnership agreements, as well as renegotiating agreements and alternative dispute resolution options, including investor-state arbitration. Selected sessions will be combined with the Public Private Partnerships and Infrastructure Finance seminar and will cover PPP design, finance, and structure. This course will take a thorough examination of legal issues associated with of each stage of the PPP process.

 

Course Outline

 

Legal Topics Related to PPPs

  • Alternative Dispute Resolution mechanisms for PPPs
  • International Investment Treaties
  • Overview of Investor-State arbitration
  • Drafting key provisions in concession agreements

Planning for Private Participation

  • General nature of private infrastructure finance
  • Lessons learned from the past policies and projects
  • Strategic considerations for the host government and the private sector participant
  • Identification and preparation of individual projects
  • Developing a communication strategy

Design of Concessions and Other PPP Arrangements

  • Legal and regulatory framework
  • Design of individual agreements
  • Special problems with agreements local authorities and other sub-national entities
  • Key financial considerations including the concept of bankability

Negotiation of Key Contract Clauses

  • The negotiation process
  • How to negotiate contentious clauses, including: clauses to make a concession bankable;
    termination provisions and compensation in event of termination; tariff and price adjustment clauses;
    unilateral change and economic hardship clauses; provisions for government support; transfer of assets at
    the end of the concession and dispute settlement clauses

Finance: Structure and Basic Techniques

  • The concept of project finance
  • Risk analysis and mitigation
  • Legal structures
  • Basic techniques
  • Basic project documents

 

Finance: Arranging the Funding

  • Sources of finance
  • Providing credit support and security for loans
  • Financial documentation

 

Renegotiation of Agreements

  • Most common reasons for renegotiation
  • Alternatives to renegotiation
  • Types of renegotiation
  • Clauses in the concession agreement to facilitate renegotiation

 

Course Advisor

John M. Niehuss is Director of ILI's Private Investment in Infrastructure Center. He has been involved in international financial and investment transactions for over 40 years as a practicing lawyer, World Bank staff member, US Treasury Department official, investment banker, and General Counsel of the Inter-American Development Bank and the U.S. Export-Import Bank. He also serves as an adjunct faculty member at the University of Michigan Law School and at the Peking University School of Transnational Law in Shenzhen, China.

 

DATES: JUN 19 - 23, 2017    
       
TUITION: $1995    
       

 

 

 

Overview

This seminar offers an overview and deeper understanding of the FIDIC Suite of Construction Contracts. Each of the different FIDIC books will be discussed and different analyses will focus on the most appropriate type of contract for different types of projects. During the course, the FIDIC Red book will be most closely analyzed. The seminar will also discuss dispute resolution clauses in FIDIC contracts. The seminar will conclude with an interactive FIDIC contract negotiation.

 

Course Outline

 

Types of Contracts – Different FIDIC Books

  • Overview of Green, Red, Yellow, Orange and Silver books
  • Comparison of key clauses
  • Identifying the most appropriate book for each type of project

 

FIDIC Red Book

  • Discussion of key clauses in red book
  • Variations
  • Delay Damages
  • Termination
  • Risk Protection

 

Dispute Resolution Under FIDIC

  • Mediation clauses and process
  • Dispute Resolution Boards
  • International Arbitration

 

Interactive Negotiation Session

  • Mock negotiation of FIDIC contract

 

Course Advisor

Akin Alcitepe concentrates his practice on complex commercial and construction litigation matters before international and domestic dispute resolution tribunals such as ICSID, ICC and the AAA as well as U.S. state and federal courts. Mr. Alcitepe is known for his meticulous preparation and expert tailoring of his jury presentations to decision-makers (bench vs. jury trial vs. arbitration) which produces favorable results for his clients. His experience includes litigation successes on the local, national and international stages.

 

DATES: JUL 10 - 21, 2017    
       
TUITION: $3950     
       

 

  

  

Overview

This course provides training in the design, negotiation and financing of private participation in infrastructure and covers topics of interest to private sector lawyers, contractors, bankers and accountants as well as government officials. It uses case studies and mock negotiations to identify critical issues related to the use of project finance techniques to fund Public-Private Partnerships.

 

Course Outline

 

Planning for Private Participation

  • General nature of private infrastructure finance
  • Lessons learned from past policies and projects
  • Strategic considerations for the host government and for the private sector participant
  • Identification and preparation of individual projects
  • Developing a communications strategy

Design of Concessions and other PPP Arrangements

  • Legal and regulatory framework
  • Design of individual agreements
  • Special problems of agreements with local authorities and other subnational entities
  • Key financial considerations, including the concept of bankability
  • Basic project documents

Negotiation of Key Contract Clauses

  • The negotiation process
  • How to negotiate contentious clauses, including: clauses to make a concession bankable; termination provisions and compensation in event of termination; tariff and price adjustment clauses; unilateral change and economic hardship clauses; provisions for government support; transfer of assets at the end of the concession and dispute settlement clauses

Project Finance: Structure and Basic Techniques

  • The concept of project finance
  • Risk analysis and mitigation
  • Legal structures
  • Basic techniques

 

Project Finance: Arranging the Funding

  • Sources of finance
  • Providing credit support and security for loans
  • Financial documentation

 

Renegotiation of Agreements

  • Most common reasons for renegotiation
  • Alternatives to renegotiation
  • Types of renegotiation
  • Clauses in the concession agreement to facilitate renegotiation

 

Course Advisor

John M. Niehuss is Director of ILI's Private Investment in Infrastructure Center. He has been involved in international financial and investment transactions for over 40 years as a practicing lawyer, World Bank staff member, US Treasury Department official, investment banker, and General Counsel of the Inter-American Development Bank and the U.S. Export-Import Bank. He also serves as an adjunct faculty member at the University of Michigan Law School and at the Peking University School of Transnational Law in Shenzhen, China.

 

DATES: JUN 19 - 30, 2017
   
TUITION: $3950
   

 

 

 

 

Overview

This seminar stresses learning by doing. Participants will convert specific legislative proposals into the drafting of bills. Instruction will include the basics in drafting common statutory provisions. The United States legislative process will be introduced as a case study.

 

Course Outline

Legislative Drafting Principles and Analysis

  • Applying legislative drafting principles and analysis to proposals for new legislation

Elements of Legislative Drafting: Rules and Exercises

  • Achieving the intended legal effect
  • Drafting clear legislative sentences
  • Structuring and organizing bills and other legislation
  • Drafting amendments, repeals, and superseding language to existing law

Hands-On Drafting of Legislation

  • Drafting bilsl from specific legislative proposals

Drafting Common Legislative Provisions

  • Enforcement provisions
  • "Power of the purse" funding provisions
  • Grant programs
  • Governmental commissions

Legislative Process

  • Development of legislative policy
  • Comparison of U.S. and foreign legislative processes
  • Implementation of trade agreements through domestic legislation
  • Role of legislative committees in developing legislation
  • Role of professional legislative services and other legislative support services
  • Statutory Interpretation

Course Advisor

Arthur J. Rynearson served as the Deputy Legislative Counsel of the United States Senate from 1999 to 2003. For more than 26 years, he was an attorney-drafter in the Office of the Legislative Counsel, United States Senate, where he drafted thousands of bills, resolutions, and amendments. He has 20 years experience teaching legislative drafting and legislation to foreign parliamentarians, attorneys, and law students. He also served as a legislative researcher for the Congressional Research Service of the Library of Congress. He is a graduate of the Cornell University Law School, where he specialized in international legal affairs, and a Phi Beta Kappa graduate of Hamilton College, where he majored in Government. Mr. Rynearson is also the author of Legislative Drafting Step-by-Step (Carolina Academic Press-ILI, 2013), a user-friendly guide to drafting legislation.