DATES: NOV 28 - DEC 2, 2016
   
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: OCT 24 - NOV 4, 2016
TUITION: $3950

 

 

 

Overview

Countries face many challenges related to sustainable development of their energy sectors. Governments must adapt policies and legal framework to efficiently develop their natural resources (both conventional and unconventional oil and gas resources, and renewables sources); attract capital and expertise to develop their entire value chains; capture economic rents to pass through energy sector benefits to local communities; ensure optimum local content development; improve linkages to power sector; foster transparency, corporate social responsibility and environmental stewardship - all of which is critical for securing the affordable, reliable, and sustainable energy supply and for building related value added segments in the industry to grow local economies.

This seminar examines issues using policy, legal and commercial lenses to provide a strategic level understanding of the sustainable energy value chain. Participants will receive a detailed review of the legal and commercial issues that must be resolved for successful sector development. Material is delivered through a variety of methods including: reference reading, in-class lectures, industry panels and interactive group simulations and workshops.

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Course Outline

Fundamentals

  • Global Energy Sector Overview
  • Petroleum industry fundamentals and structure
  • Goals and objectives of a host government, NOC and IOCs
  • Host country’s regulatory framework and fiscal regime
  • Negotiation framework, strategy and tools

 

Upstream Petroleum

  • Strategic policy issues
  • Upstream fiscal systems and taxation
  • Upstream contracts and key terms
  • Key issues in petroleum accounting

 

Midstream and Downstream Petroleum

  • Strategic policy issues
  • Downstream contracts (sales, storage, transportation)
  • Pipelines
  • Refineries

 

Natural Gas

  • Special considerations for the upstream development of natural gas reserves
  • The natural gas value chain
  • Geopolitics of natural gas
  • Gas pricing and subsidy programs
  • Natural gas agreements and contracts

 

Power Sector

  • Sector fundamentals and structure
  • Independent Power Project requirements
  • Project funding issues and alternatives
  • Power sector contracts and terms
  • Trends and developments; case studies

 

Special Energy Sector Considerations and Trends

  • Financing of energy projects
  • Local content
  • Contract and revenue transparency
  • Anti-corruption, compliance and ethics
  • Environmental concerns and responsibilities
  • Corporate social responsibility programs
  • Dispute resolution
  • Energy corridors and regional cooperation


 


Course Advisors

Mr. Jonathan Cahn is a member of Dentons' Energy, Transport and Infrastructure sector team and is the US head of the firm’s Emerging Markets Energy Strategies group (EMES). For more than 20 years, he has represented some of the world's leading energy investors, including international oil companies, national oil companies (NOCs), sovereign wealth funds (SWFs) and sovereigns in connection with energy sector transactions in the Middle East, Africa, Latin America, North America, Russia and Central Asia.

As an international lawyer, Mr. Cahn brings to his clients an in-depth understanding of the energy industry, and his many years of experience in emerging markets. He is internationally acknowledged as a leading lawyer in his field by the Euromoney Guide to the World's Leading Energy and Natural Resources Lawyers, the Euromoney Guide to the World's Leading Project Finance Lawyers, Chambers, and the International Who's Who of Oil & Gas Lawyers.

A hallmark of Jonathan Cahn’s practice has been the representation of Chinese companies making investments abroad, as well as representing parties seeking investment or partnership with Chinese investors. He is widely credited with opening Central Asia to China energy investment when, in 1997, as legal counsel to the Government of Kazakhstan, he secured Kazakhstan's approval to invite the China National Oil and Gas Exploration and Development Corporation (CNODC) to participate in the privatization tender for Kazakhstan's oil company, Aktyubemunaigaz. CNODC's successful acquisition of the oil company and the related construction of the China-Kazakhstan pipeline became China’s inaugural investments in Central Asia.

Ms. Guly Sabahi is a Partner in the Washington, D.C. office of Dentons, the largest international law firm in the world, with approximately 6,500 lawyers and professionals in more than 120 locations spanning 50-plus countries. Ms. Sabahi has over 12 years of experience in international energy projects (mainly upstream oil and gas), and advised the private sector and public sector clients on legal and fiscal regimes in the oil and gas industry in over 45 countries, mainly in the Sub-Saharan Africa, Middle East and CIS.

In addition to her work at the ILI, Ms. Sabahi serves as a member of the Board of Directors of the Association of International Petroleum Negotiators (AIPN), and as a Vice Chair of American Bar Association's committees on Africa and international energy and natural resources. Mrs. Sabahi has taught a seminar on international oil and gas contracts at Georgetown University Law Center. She is a frequent lecturer and speaker on a variety of upstream oil and gas related topics.

Mr. Robert Lesnick is an Executive Advisor to businesses and governments seeking to develop projects which expand development and use of natural gas. Mr. Lesnick recently retired from the World Bank as its Oil and Gas Program Coordinator after a successful 30-year career in the private sector. He has extensive experience in the petroleum sector, including commodity trading, project development, and natural gas field operations. Robert has over 25 years international experience as a manager and lead negotiator for the development of energy infrastructure projects, and has conducted business in more than 85 international locations in 60 countries on 6 continents.

In his previous assignment at the World Bank, Robert managed the development of the business strategy and allocation of resources of the Institution’s Oil and Gas Policy Unit and provided advice on a variety of energy policy topics to strategic government client. Mr. Lesnick has served on the Management Committee for the Center for Liquefied Natural Gas (CLNG), and has been a Vice President and Executive Committee member of the Association of International Petroleum Negotiators (AIPN) and was its President’s Award winner in 2010. He is a frequent guest lecturer and speaker on a variety of natural gas related topics.



Core Faculty

In addition to the course co-advisors, the sessions will be taught by leading energy experts from:

  • Dentons offices from Washington, D.C., London, New York and Cape Town
  • International oil and gas companies, such as Anadarko, OMV, Eni Petroleum
  • US Department of Energy and Department of Commerce
  • University of Houston Law Center
  • IHS
  • World Bank, IFC, IMF, MIGA, as well as OPIC
 

 

 

DATES: OCT 10 - 21, 2016    
TUITION: $4450    
     

 

 

 

 

Overview

This course highlights the major issues and procedures relating to the development and regulation of capital and securities markets in developing economies. Participants will discuss the major building blocks of an effective capital market and the policy environment needed to help its development. The course also includes issues related to the growing interaction of emerging markets with developed capital markets.

 

Course Outline

Legal, Regulatory and Institutional Framework

  • Institutional structure related to market's needs
  • Government regulation: securities laws, securities exchange commissions, central banks, ministries of finance
  • Stock exchanges: rules and regulations, self or external regulation, membership and listing standards
  • Corporate governance
  • Transparency
  • Prospectuses

 

Development of Capital Markets

  • Policy issues affecting development of capital markets
  • Managing risks and responding to crises in Capital Markets
  • Capital markets and housing finance

 

Role of Participants in Capital Markets

  • Regulators, financial institutions, accountants/auditors, government
  • Issuers of securities in capital markets
  • Investors in capital markets: individuals and institutional players
  • Professionals: brokers, dealers, underwriters
  • Financial intermediaries: commercial banks, merchant banks, mutual funds, hedge funds, insurance companies, pension funds
  • Initial public offerings (IPOs)

 

Typical Field Trips (selection based on availability)

  • New York Stock Exchange; Nasdaq; U.S. Securities and Exchange Commission, U.S. Federal Reserve Bank in New York; a ratings agency, such as Standard and Poors; The Depository Trust and Clearing Corporation

 

Course Advisor

Paul Freedman is Counsel at the AES Corporation, a global energy company. Mr. Freedman was previously Chief Counsel for Credit Programs at the U.S. Agency for International Development (USAID) and has substantial government and private sector experience in capital markets transactions in developed countries and emerging markets. He has worked on the first non-sovereign bond offerings in several developing countries, and he has played a leading role in the structuring and negotiation of USAID's partial credit guarantees for bond offerings and bank loans in over 40 developing countries.

 

  

Sample of Selected Faculty

Ester Saverson

  • Assistant Director
    Office of International Affairs
    U.S. Securities and Exchange Commission

Howard Howe

  • Federal Reserve Bank

Roberto Toso

  • Director, Financial Services Chemonics International Inc.

Edward Roche

  • Senior Credit Analyst, Office of Development Credit
  •  U.S. Agency for International Development

 Carolyn Campbell

  • Managing Director and General Counsel
  •  EMP Africa Management LP

William W. Uchimoto

  • Corporate, Finance and Capital Markets, China Practice, Chair
  • Stevens & Lee

 

  

DATES: OCT 24 - 28, 2016
   
TUITION: $1995    
     

 

 

 

 

Overview

This seminar focuses on the practical skills necessary for drafting contracts in English. Participants will sharpen their skills in working with legal English, and specifically drafting contracts in legal English. The emphasis is on learning by doing, and the seminar will offer the opportunity to draft and receive feedback from experts. Participants will engage in several drafting exercises and a negotiation session.

 

Course Outline

  

Overview of the U.S. Contract Law

  • Sources of Law
  • Contract Formation
  • Contract Interpretation

 

Basic Drafting Topics

  • Definitions
  • Warranties
  • Termination Clauses
  • Remedy Provisions
  • Contingency Clauses

 

Boilerplate Language and Utilizing Templates

  • Choice of Law/Governing Law
  • Jurisdiction
  • Arbitration
  • Force Majeure
  • Third Party Rights

 

Course Advisor

Dr. Kevin Fandl is the director of the Global Legal Education Institute and author several books, including Narrowing the Gap: Legal English for the New Global Legal Practitioner and Lost in Translation: Effective Legal Writing for the International Legal Community. 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 is currently Professor of Legal Studies and Global Business Strategy at the Fox School of Business at Temple University.

 

 

 

DATES: OCT 10 - 14, 2016    
TUITION: $2500    
     

 

 

 

Overview

This course highlights the foundational issues in respect to the development and regulation of capital and securities markets, and comprises the first week of the Capital Markets: Development and Regulation seminar. The Foundations seminar also includes the field trip to New York where typical capital markets institutions are visited.

Participants will be exposed to selected topics based on the Course Outline listed under the “Capital Markets: Development and Regulation” seminar, depending on the final schedule, but topics could include:

 

Course Outline

Legal, Regulatory and Institutional Framework

  • Institutional structure related to market's needs
  • Government regulation: securities laws, securities exchange commissions, central banks, ministries of finance
  • Stock exchanges: rules and regulations, self or external regulation, membership and listing standards
  • Corporate governance
  • Transparency
  • Prospectuses

 

Development of Capital Markets

  • Policy issues affecting development of capital markets
  • Managing risks and responding to crises in Capital Markets
  • Capital markets and housing finance

 

Role of Participants in Capital Markets

  • Regulators, financial institutions, accountants/auditors, government
  • Issuers of securities in capital markets
  • Investors in capital markets: individuals and institutional players
  • Professionals: brokers, dealers, underwriters
  • Financial intermediaries: commercial banks, merchant banks, mutual funds, hedge funds, insurance companies, pension funds
  • Initial public offerings (IPOs)

 

Typical Field Trips (selection based on availability)

  • New York Stock Exchange; Nasdaq; U.S. Securities and Exchange Commission, U.S. Federal Reserve Bank in New York; a ratings agency, such as Standard and Poors; The Depository Trust and Clearing Corporation

 

Course Advisor

Mr. Paul Freedman is Counsel at the AES Corporation, a global energy company. Mr. Freedman was previously Chief Counsel for Credit Programs at the U.S. Agency for International Development (USAID) and has substantial government and private sector experience in capital markets transactions in developed countries and emerging markets. He worked on the first non-sovereign bond offerings in several developing countries, and he played a leading role in the structuring and negotiation of USAID’s partial credit guarantees for bond offerings and bank loans in over 40 developing countries.