DATES: JUL 31 - AUG 11, 2017    
       
TUITION: $2600    
       

 

 

 

 Overview

In its 47th consecutive year, the Orientation in the U.S. Legal System and Business Law seminar is the first and longest running program of its kind. This seminar introduces participants to the American common law, including the fundamental American laws and regulations affecting international business with U.S. counterparts. This seminar is ideal for foreign lawyers and professionals, arbitrators, law students, for those preparing for a U.S. LL.M., or for anyone who deals with American and international clients and partners.


Course Outline


Strategic Benefits

  • Basic knowledge of the institutions of the American legal system
  • The use of case law and judicial precedent. Exposure to major judicial doctrines central to American law  
  • Enhancement of analytical and research skills needed in the study of law
  • Better understanding of the role of the legal profession in the U.S.
  • Opportunities to meet lawyers from the private and public sectors and the chance to observe the practice of law in court

Class Topics

  • The American Court System
  • Arbitration and American Courts: Enforcement
  • The American Court System: Civil Litigation and Jurisdiction of Courts
  • International Litigation: Extraterritorial Application of U.S. Law; U.S. Civil Procedure Abroad; Other Proceedings
  • Commercial Contracts: Negotiation of Contracts with American Lawyers
  • American Torts in the International Setting
  • Products Liability Law in the U.S. Legal System
  • The U.S. Insurance System and Its Impact on Business Claims
  • SEC, Sarbanes-Oxley and Other Recent Legislation with International Effects on Corporations
  • Corporate Governance
  • Investor-State Arbitration
  • Intellectual Property

Course Advisor

Professor Charles F. Abernathy of the Georgetown University Law Center has directed the Orientation program for the past seventeen years. A graduate of Harvard College and Harvard Law School, Professor Abernathy was a co-founder of the Southern Poverty Law Center in 1971. He has written casebooks on civil rights, constitutional litigation and on the law of equal employment opportunity. One of his more recent works is Law in the United States: Cases and Materials, which also serves as the basic text of the Orientation seminar.

See also:  Combination course: Legal English & Writing and Orientation in the U.S. Legal System, and Business Law

ACKNOWLEDGEMENTS:  The International Law Institute is grateful to the following organizations for their support of the Orientation in the U.S. Legal System: 

 

A. Menadini Pharmaceutical Company
Akin, Gump, Strauss, Hauer & Feld
AMIDEAST
Asahi Chemical Co.
Asia Foundation
Baker & McKenzie
Bank of Indonesia
Bryan, Cave, McPheeters & McRoberts
China National Offshore Oil Corp.
C. Itoh & Co.
Council for the International Exchange of Scholars
Environmental Protection Agency, Govt. of Japan
Export-Import Bank of Japan
Ford Foundation
Fuji Electric Co.
Fujitsu, Ltd.
Fulbright Foundation
Fulbright South African Fellowship Program
Government of Korea
Government of Zhejiang Province, China
Government of Thailand
    Harvard Institute for International Development
Institute of International Education
Japanese Legislative Society
Kansai Electric Power Company
Konrad Adenauer Stiftung
Mitsui Bank, Ltd.
Morgan, Lewis & Bockius
NGK Insulators, Ltd.
Nippon Lyle Insurance Co.
Nippon Fire & Marine Insurance Co.
Sanwa Bank
Sumitomo Corporation
Swiss Bank Corporation
Swiss National Science Foundation
Takeda Chemical Industries, Ltd.
Union Bank of Switzerland
     

 

DATES: JUL 17 - 28, 2017    
       
TUITION: $1900    
       

 

 

 

 

Overview

The Legal English and Legal Writing seminar exposes foreign legal practitioners and law students to English legal terminology and usage through an overview of the U.S. legal system, contract law, constitutional law, commercial law and legal drafting. In addition to learning legal terminology, participants benefit from an introduction to the legal reasoning process of the U.S. legal system, helping them apply the terms and concepts as they learn them.

Participants in this seminar will develop the advanced skills they need to succeed in a multi-jurisdictional legal practice. The methodology, language and reasoning skills learned in this seminar are useful for working with clients, firms and organizations in the United States, and they are transferable to the professional legal practice abroad. This seminar is also highly encouraged for foreign lawyers wishing to pursue an LL.M. from an institution within the United States. Participants engage in interactive seminars consisting of lectures, individual writing and speaking exercises, and group projects.

If requested, the International Law Institute will provide complimentary tutors, U.S. lawyers, to help review writing samples with participants out of class time.

 

Course Outline

  • U.S. Legal institutions
  • Introduction to Common Law
  • Researching and interpreting cases in the U.S. legal system
  • Legal research (including practical exercises)
  • Contract law
  • Legal Writing and analysis (including exercises)
  • Overview of U.S. business law
  • Overview of commercial arbitration in the U.S.
  • The U.S. Role in International Trade
  • Effective Negotiation Techniques in Commercial Context
  • Simulated arbitration exercise

 

Course Advisor

Dr. Kevin J. Fandl is a Professor of Legal Studies and Global Business Strategy at the Fox School of Business at Temple University, and Adjunct Professor of Law at the Georgetown University Law Center. Dr. Fandl has been Course Advisor to the International Law Institute’s Legal English program since 2009. He is the author of the course text, Narrowing the Gap: Legal English for the New Global Legal Practitioner and the director of the Global Legal Education Institute. He has taught law and policy courses around the world since 2004 and specializes in the areas of international trade, migration, and economic development. Dr. Fandl is a graduate of American University (J.D., M.A.) and George Mason University (Ph.D.) and served as Deputy Chief of Staff for U.S. Immigration and Customs Enforcement.

 

See also: Combination course: Legal English & Writing and Orientation in the U.S. Legal System, and Business Law

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:    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

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.