The “Global Mondays” speaker series is dedicated to increasing awareness and exchange of information related to global issues.
This weekly forum examines the intersection of law, policy and the role of legal professionals in our increasingly complex and interconnected world. Programming includes a variety of interdisciplinary events ranging from presentations by internationally recognized speakers, to student presentations on cross-border scholarship and research, to the exploration of international professional experiences.
Fall 2013 Schedule
All events take place from 12:30-1:20pm in William H. Gates Hall Room 117 unless otherwise noted; Lunch served. All are welcome. No RSVP needed.
September-October 2013 Brochure
November-December 2013 Brochure
Sept. 30 – Law Through Global Eyes Lecture: International Environmental Law and Maritime Oil Pollution
Hosted by UW Law Global Affairs, The Environmental Law Program, Green Law, and the Washington Journal of Environmental Law & Policy
“A Tale of Three Countries, Spain, France and New Zealand: Travails over the International Law Concerning Oil Pollution Damages”
Thomas J. Schoenbaum, JD, PhD; Research Professor of Law, George Washington University Law School; Visiting Professor, UW Law
Professor Schoenbaum will focus on the two International Maritime Organization treaties that establish liability for oil pollution damages and create an international fund to pay claims. 107 countries---but not the United States---are parties to these treaties. He will discuss three recent ship disasters that have focused attention on the deficiencies of these treaties: the wreck of the ship Erika off the coast of France; the wreck of the ship Prestige off the coast of Spain; and the grounding of the ship Rena off the coast of New Zealand.
Dr. Thomas J.Schoenbaum is a Research Professor of Law at George Washington University Law School and a Visiting Professor at UW Law for the Fall 2013 quarter, teaching International Environmental Law. He is a graduate of the University of Michigan Law School (JD) as well as Gonville and Caius College of the University of Cambridge (PhD). Professor Schoenbaum has practiced law extensively, including serving as maritime counsel to the State of Alaska after the Exxon Valdez grounding and oil spill in 1989 and representing several Japanese clients in connection with the BP Deepwater Horizon litigation in the Eastern Distrct of Louisiana. He has served as Professor of Law at the University of North Carolina at Chapel Hill; Associate Dean of the Tulane University Law School, the holder of the Dean Rusk Chair of International Law at the University of Georgia; and Professor of Graduate Studies at International Christian University in Tokyo, Japan. Dr. Schoenbaum is the author of many articles and books, including The World Trade Organization: Law, Policy and Practice (2003), Admiralty and Maritime Law (3d ed. 2001), and Environmental Policy Law (2002). He is currently working on new books in the areas of international environmental law and international business transactions.
Oct. 7 – Global Spotlight on the Future of Democracy in Egypt: Comparative Insights from Indonesia
Hosted by the International Law Society, UW Law Global Affairs, and the Southeast Asia Center at the Jackson School of International Studies
“Looking at Post-Mubarak Egypt through a comparative glance at post-Suharto Indonesia”
Dr. Giora Eliraz, Research Associate, Harry S. Truman Institute for the Advancement of Peace at the Hebrew University of Jerusalem; Affiliated Fellow at KITLV/Royal Netherlands Institute of Southeast Asian and Caribbean Studies in Leiden, Netherlands.
About two years and a half passed since the outset of the Arab Spring in Egypt and this country is still immersed in political turmoil. Hence, a comparative view at the case of Indonesia’s democracy seems useful for suggesting some significant insights for thinking on the future of democracy in Egypt that is covered now by thick fog. Indeed, Indonesia’s democracy still has some obvious shortcomings, but such comparative view also further illustrates the considerable, impressive distance that has been covered by Indonesia in its moving through a democratic path during the recent 15 years.
Dr. Giora Eliraz is the author of Islam in Indonesia: Modernism, Radicalism and the Middle East Dimension and the monograph, Islam and Polity in Indonesia: An Intriguing Case Study. He is a Research Associate at the Harry S. Truman Institute for the Advancement of Peace at the Hebrew University of Jerusalem and Affiliated Fellow at KITLV/Royal Netherlands Institute of Southeast Asian and Caribbean Studies in Leiden, Netherlands. Dr. Eliraz holds a PhD from the Hebrew University of Jerusalem, and served as a Visiting Fellow at the Southeast Asia Centre, Faculty of Asian Studies at the Australian National University in Canberra.
Oct. 14 –Transnational Initiatives in Global Health and IP Rights
Hosted by LTA-CASRIP and the Health Law Graduate Program
“Advancing Global Health Through Private-Public Collaborations and IP Rights”
Richard Wilder, Associate General Counsel at Bill & Melinda Gates Foundation
Richard (Dick) Wilder will discuss a unique private and public collaboration to fight neglected tropical diseases, and roles of intellectual property rights (IPR) in furthering the necessary medical research and development.
2013 marks the launch of the Global Health Innovative Technology Fund (GHIT Fund). Based in Tokyo and championed by a unique public-private partnership between the Government of Japan, a consortium of Japanese pharmaceutical companies, and the Bill & Melinda Gates Foundation, GHIT Fund's mission is to advance the research and development of new medicines, vaccines, and diagnostics to fight infectious diseases in the developing world. The GHIT Fund aims to reinforce Japan's contribution to global health by developing new health technologies, utilizing the highly developed science and technology capacity found at the country's pharmaceutical companies, universities and research institutions.
It is estimated that over 1 billion of the world's poorest of the poor suffer from HIV/AIDS, malaria, tuberculosis, and neglected tropical diseases (NTDs). The GHIT Fund facilitates and funds global R&D partnerships that aim to discover and develop new medicines, vaccines, and diagnostics that can help realize the elimination of these diseases in the developing world.
Mr. Wilder is Associate General Counsel in the Global Health Program at Bill & Melinda Gates Foundation. He was previously Associate General Counsel for IP Policy at Microsoft, and a Partner at the law firm of Sidley Austin, where he counseled clients in shaping policy positions and strategic initiatives across a broad range of domestic, foreign, and international intellectual property and transactional issues, global health, and international dispute resolution.
Oct. 21 – Judicial Reform in Indonesia: Comparative Insights from the U.S.
Hosted by UW Law Global Affairs, the Asian Law Center, and the Southeast Asia Center at the Jackson School of International Studies
"Indonesian Judiciary Reform: Lesson Learnt and How the US Judiciary Practices are Applicable to the Effort"
Fifiek Woelandara Mulyana, 2013 Eisenhower Fellow; Judicial Training Expert and Judicial Reform Team Assistant, Supreme Court of the Republic of Indonesia; Managing Partner, Mulyana Abrar Advocates
A leading consultant on judicial reform in Indonesia, Fifiek Woelandara plays a significant role in implementing the Supreme Court’s 25 Year Blue Print. In particular, she is interested in capacity-building and education programs for all court staff, including judges. She also maintains an active law practice at the law firm she co-founded. Fifiek holds a Bachelor of Laws degree from the University of Indonesia and a Master of Laws degree in International Human Rights from Northwestern University. As a 2013 Eisenhower Fellow, she will examine best practices in judicial reform, education, and innovation; education programs to promote integrity within the court system; and methods to improve leadership skills.
Oct. 28 – Global Legal Advocacy: Supporting Human Trafficking Survivors in the Philippines and Refugee Women in South Africa
Hosted by the Barer Institute for Law and Global Human Services, the International Law Society, and the Graduate Program in Sustainable International Development
"Providing Livelihood to Human Trafficking Survivors"
Mr. Benjamin Aritao Jr., Barer Fellow; LL.M. Candidate in Sustainable International Development, UW Law; Founder of The Paper Project, Inc.
Mr. Benjamin Aritao Jr. earned a JD from the University of the Philippines and a BS in Commerce from De La Salle University. He currently has a limited private practice that focuses on litigation and election law, and specializes in legal advice for Philippine start-up companies and new business ventures. He was selected as a 2013 Barer Fellow and is pursuing his LL.M. degree in the Sustainable International Development Graduate Program. Two years into practice, Benj, his brother and two friends put up a social business called “The Paper Project, Inc.” (TPPI). TPPI provides livelihood to women escaping prostitution and human trafficking in the Philippines. Livelihood reduces the risk of re-trafficking and is the foundation of recovery and reintegration. TPPI enjoyed tremendous success as a business and is giving decent work to a growing number of women who are otherwise not qualified for any employment available from the general job market. He left law firm practice to attend to the new and growing business but remains engaged as a legal consultant for a conglomerate.
"Empowering Refugee Women in South Africa"
Mary Tal, iLeap Fellow; Founder and Project Director of Whole World Women Association
Mary Tal is the Founder and Project Director of Whole World Women Association, a non-profit organization in South Africa that unites refugee women in a support group that struggles for equality and justices. A refugee herself, Mary was born in Cameroon and has migrated with her family throughout Africa. In the late 1990s, her and her family settled in South Africa where she experienced racism and discrimination, for her refugee status and her gender being female. “Within our region there are many factors, cultural, religious, and institutional that impedes women’s human rights, as well as political and economical participation” Mary explains. Mary is dedicated to raising awareness and making social change for women, especially refugee women, not only in South Africa, but around the entire continent. Mary views the iLEAP Fellowship as a way in which she can build up her own capacities in leadership and, in turn, empower the women with whom she works. “I see this as an opportunity to increase my knowledge and practical skills in leadership,” she says, “not only for self advancement and growth, but for encouraging women in my community as potential leaders.”
Nov. 4 – Transnational Legal Practice in China
Hosted by the Chinese American Law Student Association, the Visiting Scholars Program and the Asian Law CenterYonghua (Edward) Huang is a partner at King and Capital Lawyers, and has advised many multinational enterprises and institutional investors in complex corporate finance transactions, due diligence and other related matters. As one of the heads of King and Capital's Corporate Legal Risk Management Department, Mr. Huang is also proficient in arbitration and litigation, especially White Collar Crime defense. Mr. Huang has many publications including an article in New York Times regarding the investigation to GSK.
Ying (Lisa) Sun, a partner from Beijing Gaopeng Law Firm, has been active in the fields of foreign investment, merger and acquisition and antitrust filing and other company affairs as a professional lawyer from 2004. She is familiar with the approval procedures on foreign investment field, and maintains close working relationship with several government authorities such as MOC, BJMCOC and SAIC. So far, she has provided high-quality service to the clients in such industries as automobile, steel, energy, telecommunication, manufacture, retail, as well as trade.
Wen (Wendy) Zhou has practiced law for thirteen years, and now is a partner at Beijing Yuandu Law Firm. As an attorney at law and a certified pharmaceutical engineer, Ms. Zhou has undertaken various legal cases, ranging from regular actions to complex lawsuits including some criminal cases in pharmaceutical industry. She is also expert in intellectual property law, currently serving as director of Beijing Intellectual Property Society.
“How to realize your Chinese Dream?
—Risk Prevention and Control of Criminal Litigation Concerning Foreign Enterprises and Their Multinational Executives in China”
Attorneys Edward Huang, Lisa Sun and Wendy Zhou, Visiting Scholars from the Beijing Bar Association
Just this year from July to the end of September, GSK(GlaxoSmithKlines), originated from UK and listed in NYSE, together with other drugmakers including American Eli Lilly and Company, Danish Novo Nordisk A/S and Belgium's UCB SA, around ten major multinational pharmaceutical producers in China have been investigated, Peter Humphrey, British fraud investigator linked to GSK was arrested in Shanghai, another British manager-level personnel was restricted to leave China. Last year, a top-level German art brokerage firm was investigated in Beijing, four of its employees, including the German general manager, has been investigated by Anti-smuggling Bureau of Beijing Customs, and 4 personal suspects were detained for up to 127 days in a Chinese detention house. What happened?
The amended Criminal Law of the People’s Republic of China and some new judicial interpretations increased the penalties for some economic charges. Is China still a dream place or has it become a nightmare for FDI and their executives? Our experts will explain the present laws and regulations surrounding multinational executives’ crimes and the ways in which to avoid potential criminal legal risks during company operation. They will focus on analysis of multinational executives’ criminal cases and an overview of the causes and of common crimes committed by multinationals as well as how to prevent them. They will also provide a brief introduction to criminal proceedings and the special circumstances of crimes committed by foreigners in China.
Nov. 11 – Veterans' Day Holiday
Nov. 14 (Thu.) – Spotlight on Upcoming Pacific Rim Law & Policy Journal Articles
Hosted by the Pacific Rim Law & Policy Journal
“In the Philippines, Reproductive Justice Begins with Contraceptive Access”
Elisabeth Smith, J.D. Candidate 2014, University of Washington School of Law; Editor-in-Chief, Pacific Rim Law & Policy Journal
“Reap What You Sow: Soil Pollution Remediation in China”
Dustin Drenguis, J.D. Candidate 2014, University of Washington School of Law; Chief Articles Editor, Pacific Rim Law & Policy Journal
Elisabeth Smith is a 3L at the University of Washington where she serves as the Editor-in-Chief of the Pacific Rim Law & Policy Journal. Elisabeth focuses on realizing reproductive justice through public benefits, specifically Medicaid. During her 2L and 1L summers, she interned at the National Health Law Program in Los Angeles and LSRJ national respectively. Elisabeth earned a MA in the Humanities at the University of Chicago and a BA, Phi Beta Kappa, from Davidson College and worked at two international art non-profits prior to Law School.
Restrictive Philippine laws and a lack of public funding have limited Filipinos’ access to modern contraception, which has resulted in high maternal mortality rates, high birth rates, unmet needs for family planning, and health disparities between the lowest-income and wealthier women. Following the 1991 decentralization reforms, Local Government Units plan, administer, and fund most Philippine health services. In the context of reproductive healthcare, decentralization has led to inequality, inadequate financing, successful opposition to contraception by the Catholic Church, and the lack of clear national standards. After a 14 year legislative struggle, on December 21, 2012, President Aquino signed “The Responsible Parenthood and Reproductive Health Act of 2012.” This legislation confirmed Filipinos’ right to contraception and reproductive healthcare and cited the 1987 Philippine Constitution as the sources of those rights. On January 2, 2013, a married couple directly petitioned the Supreme Court of the Philippines, asking the Court to declare the law unconstitutional. As a result, the Supreme Court enjoined the law and heard oral arguments in July and August 2013. While the Act is likely constitutional, the Philippine Congress did not appropriate the dedicated funding necessary to realize the law’s provisions. With inadequate financing, the Act will not provide increased access to contraception and the Philippines will fail to meet its Constitutional obligations and international commitments. Unless the implementing rules are strengthened and funds appropriated, the lowest-income Filipino women will continue to experience reproductive oppression.
Dustin Drenguis is a 3L at the University of Washington School of Law and the Chief Articles Editor of the Pacific Rim Law & Policy Journal
As China undergoes the fastest economic development in the history of the world, so too has its environmental problems shattered all precedents. While China’s leaders recognize they must change course, environmental concerns have long taken a back seat to economic development. Soil pollution is destroying China’s environment, affecting public health and reducing the country’s food supply. Soil pollution slows China’s economic development, preventing land development in urban centers. Soil pollution also threatens China’s social stability because it has inspired marginalized groups to organize in protest of environmental conditions. Environmental remediation, the obligations of a facility or the government to clean up land contaminates, is essential in China. But China’s environmental remediation laws are ambiguous, poorly enforced, and often entirely unobserved. In order to respond to these challenges, the central government needs to develop a remediation scheme that: (1) requires strict liability to remediate soil pollution with appropriate exceptions; (2) evaluates the degree of remediation needed for a particular site; (3) utilizes the cadre system’s promotion targets to ensure enforcement; and (4) promotes more public transparency to relieve the public’s anxiety. These changes will serve both environmental and economic interests.
Nov. 18 – Legal and Diplomatic Issues in the Korean Peninsula
Hosted by the Korean American Law Student Association, Asian Law Center and UW Law Global Affairs
“Two Koreas and the United States”
Young-wan Song, Consul General of the Republic of Korea in Seattle
This year marks the 60th Anniversary of South Korea–U.S. alliance. What initially began as a security alliance has, over the decades, blossomed into much more. In Particular, Korea-U.S. Free Trade Agreement (KORUS-FTA) which entered into force in March 2012, continues to strengthen the win-win rapport of both nations. With the entry into force of the KORUS-FTA, U.S. service providing firms, including law firms, financial firms, and accounting and tax consulting firms, opened offices and began providing services in South Korea.
The U.S. and South Korea are pursuing a common policy toward denuclearization of North Korea which is based on two-track approach of deterring further aggression from the North while leaving a door open for dialogue. Although it is far from certain that North Korea would agree to abandon its nuclear programs at all, there seems to be no other option but to engage with this unruly regime to dismantle its nuclear programs. The lecture will briefly outline the legal aspects and effects of these bilateral and international efforts, focusing on sanction on North Korea imposed by the U.N. Security Council.
Song Young-wan is Consul General of the Republic of Korea in Seattle. He came to Seattle in March 2011. Mr. Song joined the ROK Ministry of Foreign Affairs in 1980. Since then, he assumed various positions including overseas postings at the ROK Mission to the United Nations in New York (1987-1990), ROK Embassy in Sofia (1993-96), ROK Mission to the European Union in Brussels (1996-98), the ROK Embassy in Cairo (2000-03), and again the ROK Mission to the United Nations in New York (2005-06).
From December 2006 to August 2008, he served as Director-General for International Organizations of the Ministry of Foreign Affairs and Trade. During that period, he was mainly responsible for dealing with global issues such as international peace and security, reform of the United Nations, human rights issues, disarmament and non-proliferation, and international terrorism. Before coming to Seattle, Mr. Song served as a member of the UN Sanction Panel on North Korea established by the Security Council.
Mr. Song received his Bachelor’s degree in Linguistics from Seoul National University in Seoul (1980) and a diploma in International Relations from l’Institut International d’Administration Publique (IIAP) in Paris, France (1985). He studied international law at Graduate Studies Program in the College of Law of the Seoul National University in Seoul from March 1980 to June 1981.
Nov. 21 (Thursday) – Rule of Law and Constitutionalism in Myanmar within the ASEAN Context
3:30pm in 447 William H. Gates Hall
Hosted by the Pacific Rim Law & Policy Journal, Asian Law Center and UW Law Global Affairs
“Constitutional Rush to the Rule of Law in Myanmar: The 2008 Constitution and the Design of a Constitutionality Review Mechanism within the Regional Context”
Dr. Teilee Kuong, Associate Professor, Nagoya University Center for Asian Legal Exchange, Japan
Teilee Kuong (Ph.D.) is a Cambodian national, and currently an Associate Professor at Nagoya University Center for Asian Legal Exchange in Japan. His current research focuses on legal development in Cambodia and Vietnam, particularly in the areas of Constitutional and Property Law, development of the judicial institutions and influences of foreign law in the Cambodian context. He is also a visiting associate professor at the Graduate School of Arts and Sciences of the University of Tokyo, teaching a course on human security and peace-building in the Indochinese and ASEAN context. Before coming to Japan as a graduate student at Nagoya University in 1997, he worked in Cambodia as a human rights assistant at the legal assistance unit of the Cambodia Office of the United Nations High Commissioner for Human Rights. He had also worked at the Information/Education Division of the UNTAC during Cambodia’s 1993 transition to democracy.
This talk presents some preliminary findings of the first stage of a three-year research conducted by the speaker and a number of Japanese scholars into Myanmar’s constitutional turn to democracy and the rule of law since 2008. The focus is particularly on the 2008 Constitution of the Union of the Republic of Myanmar and the subsequent efforts to set up the Constitutional Tribunal and put into work a unique system of constitutionality review. The presentation will touch upon the following three sub-topics: (1) The nature of constitutional reform in 2008; (2) the characteristics of the Constitutional Tribunal created under the 2008 Constitution; and, (3) Promising development of the democratic game and some ongoing challenges to the current process of constitutionalizing the rule of law in Myanmar.
Particularly with regard to the second sub-topic on the characteristics of the Constitutional Tribunal, the speaker will also compare the Myanmar Constitutional Tribunal to the Constitutional Council of Cambodia and constitutionality review bodies in other Southeast Asian countries. The third sub-topic will be discussed based on the speaker’s personal analyses of the Myanmar situation, comparing that to its neighboring countries and reflecting on some latest theoretical debates on the relationship between democracy and constitutionality review particularly in the context of Southeast Asia.
Nov. 25 – Globalized Law
Hosted by UW Law Global Affairs
"Applying the Law in a Global Context"
Jean-Sylvestre Bergé, Professor of law and Vice-President and head of the International Relations Office, and Bob Sherratt, Senior Lecturer and Academic Director, International Relations Department, University Jean-Moulin, Lyon3, France
Jean-Sylvestre Bergé is vice-president and head of the International Relations Office of the University Jean Moulin – Lyon 3, and a professor at the Faculty of Law . He is member of the International, European and Comparative Law Research Center (EDIEC) in which he participates in European Studies Centre (CEE) and manages the Center for Research on Private International Law (CREDIP). He is a founding member of the European University Network on European Law of the Area of Freedom, Security and Justice. He previously served as a professor at the universities of Paris Ouest – Nanterre La Défense, Rouen and lectures at the University of Panthéon-Sorbonne.
The application of the law, in the variety of global legal situations, has its own dynamism. It cannot result from the mere application of a method or a legal solution at a given moment, in a predetermined space and on a predetermined level, by a duly identified actor. It must be grasped in one movement. In a single situation, several laws must sometimes be mobilised, alternatively, cumulatively, at the same time or at different moments, in one or several spaces or on one or several levels, by one or by multiple actors. This distinctive dynamic, which the lawyer must be conscious of when passing from one context – national, international or European – to another, has an influence over the law, its uses and, sometimes, its content. This presentation is a general introduction to this approach.
Cancelled: Dec. 2 – Experiental Learning in International Business Transactions
Hosted by the Law, Business & Entrepreneurship Program and the International Law Society
"My Summer Clerkship in Vietnam"
Oanh Le Hoang, J.D. Candidate 2015, University of Washington School of Law
Dec. 5 (Thursday) – Developments in Indonesian Constitutionalism
3:30pm in 447 William H. Gates Hall
Hosted by UW Law Global Affairs, the Asian Law Center, and the Ph.D. in Law Program
“Natural Rights, Islam and Constitutionalism: Reflections on the First Ten Years of the Indonesian Constitutional Court”
Stefanus Hendrianto, SJ, PhD, Visiting Lecturer in Law, Santa Clara Law School
We are pleased to welcome back Dr. Hendrianto, a 2008 graduate of UW Law Ph.D. Program. Dr. Hendrianto returns to UW Law to share from his ongoing research on Indonesian Constitutionalism. The lecture will be followed by a discussion with Ph.D. students about the process of developing and executing a doctoral dissertation.
The series of the Constitutional Amendment in Indonesia from 1999 to 2002 have produced a liberal document which arm individuals with a catalogue of formal rights to quash the government interference. Moreover, the establishment of the Constitutional Court has given new impetus to the liberal quest. Nevertheless, the Court under the then Chief Justice Jimly Asshiddiqie and his successor Mohammad Mahfud undertook the project of liberal state without a solid foundation on the notion of rights. For instance, the Court crafted the standing doctrine based upon the notion of communal rights which is more grounded on the natural rights theory instead of liberal theory of rights. The ambiguity as to apply the liberal theory of rights or natural rights can also be explained through the conflicting view between the public interest NGOs who rely on the autonomy based human rights and the Islamic based litigants who rely on the notion of Islamic natural rights that reflect a vision of common good.
Dr. Hendrianto currently teaches both at the Law School and the Political Science Department at Santa Clara University, focusing on constitutional law and comparative law. His current research and writing have focused on the intersection of constitutional law and religion, especially on the issues of religion and modernity in the context of international human rights. In addition to his ongoing research in constitutional law and comparative law, he also focuses on the role of law in economic development and legal reforms in transition and developing economies.
He holds a LL.B. degree Gadjah Mada University, Indonesia, and a LL.M. degree from Utrecht University, Netherlands, as well as spent two years of graduate studies in Philosophy and Theology at Loyola University Chicago.
Hendrianto has worked under the auspices of the Legal Advisor of the International Monetary Fund (IMF), Jakarta office, and also practiced law with the Indonesian law firm, Ali Budiardjo, Nugroho, Reksodipuro. In 1999, he served as the youngest Commissioner in the Indonesian General Election Commission that supervised the first free election in Indonesia.