The “Global Mondays” speaker series is a collaborative effort of the University of Washington School of Law and the Henry M. Jackson School of International Studies, 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.
Spring 2015: May Events
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.
May 18 – Washington's Wine Industry and the Impact of Globalization
Hosted by UW Law Global Affairs
"How Virtual Wineries are Changing the Face of Washington's Wine Industry"
Sonja Trio, JD, LL.M. Candidate 2015, University of Washington School of Law
Washington is the second largest premium wine producer in the country after California, having licensed over 850 wineries to operate in 13 distinct American Viticultural Areas. This figure is surprising, given the capital-intensive nature of winemaking and the pressure of global competition from Europe, Australia and New Zealand. And yet, a new Washington winery opens its doors every two weeks, and new records are broken with each harvest. Sonja Trio will argue that a major driver of this growth is the explosion of so-called “virtual wineries,” which outsource every aspect of production – from growing grapes, to fermentation, to bottling. By quietly establishing its own version of the “sharing economy,” the Washington wine industry has been able to flourish in spite of relentless global competition. Ms. Trio will tell the story of some successful virtual wineries based in Walla Walla, eastern Washington, and assess the efficacy of federal and state regulations that have been designed to facilitate industry growth.
April 6 – Rule of Law Assistance in Indonesia
Hosted by the Ph.D. in Law Program and the Graduate Program in Sustainable International Development
"The Anatomy of (Indonesian) Rule of Law Assistance"
Anna B. Bosch, J.D., LL.M., Ph.D. Candidate, UW Law
The site of donor-funded rule of law (RoL) assistance delivery is host to the relationship dynamics of a complex, multi-faceted group of actors. Through the lens of principal-agent theory, Ms. Bosch introduces four case studies of RoL assistance in Indonesia: their participants, parties and projects, and a multiplicity of local actors with self-interests. In addition to donor and recipient principals (including USAID), World Bank, the Indonesian Attorney General’s Office and Supreme Court), their respective agents, and hired contractors (Chemonics, The Asia Foundation), we also see BAPPENAS (Indonesia’s National Development Planning Agency), and “reform teams” established in the Indonesian Supreme Court and Attorney General’s Office. The ‘Samaritan’s dilemma’ and other agency problems of distorted incentives and information present themselves, resulting in moral hazard and adverse selection. Ms. Bosch will suggest that, in practice, RoL assistance actors take on multiple roles simultaneously, and that differences of opinions about various parties’ roles may be a contributing factor to friction / tension between local actors when it occurs. Ms. Bosch will share data collected as part of a larger dissertation study, titled: Local Actors in Donor-Funded Rule of Law Assistance in Indonesia: Owners, Partners, Agents?
Anna B. Bosch holds a degree in Journalism from Northwestern University and a J.D. from Boston University School of Law. She worked as a criminal prosecutor for King County, Washington for six years, prior to obtaining her LL.M. in Sustainable International Development at UW School of Law. During her Ph.D. studies at the UW School of Law, Ms. Bosch has given lectures for UW Law courses Law Reform in Transition Economies, and Theories and Tools for Combatting Corruption. She has worked as a researcher for The Asian Law Center at the UW School of Law and is currently a Ph.D. Candidate at the UW School of Law.
April 13 – Law, Culture & Society: Upcoming WInLJ Articles on Papua New Guinea and South Korea
Hosted by the Washington International Law Journal and UW Law Global Affairs
“Putting an End to Witch Hunts in Papua New Guinea: A Promising Potion of Prevention, Protection, and Prosecution”
Victoria Ainsworth, J.D. Candidate 2015, UW Law; Chief Managing Editor, Washington International Law Journal
“Abandoned Babies: The Backlash of South Korea’s Special Adoption Act”
Sook Kim, J.D. Candidate 2015, UW Law; Chief Translation Editor, Washington International Law Journal
“Putting an End to Witch Hunts in Papua New Guinea: A Promising Potion of Prevention, Protection, and Prosecution”
Widespread belief in mysticism, sorcery, and the occult are entrenched in the history and culture of Melanesian societies. The Sorcery Act of 1971, which outlawed black magic in Papua New Guinea, is illustrative of how indigenous beliefs of sorcery have permeated the infrastructure and laws of an entire society. By illegalizing black magic and allowing a convicted murderer to invoke the Act as a partial affirmative defense, the Sorcery Act fostered a brutal legacy of vigilantism and witch hunts in rural villages. As a result of a recent string of savage murders that were publicized by the media and condemned by the international community, Papua New Guinea repealed the Sorcery Act and reinstated the death penalty in June 2013. However, legislation addressing black magic will have little effect on the prevalence of sorcery-related violence. The root of the problem is buried not in a book of laws, but in the deepest layers of society; namely, lack of education and access to health care, the rise of HIV/AIDS, and gender discrimination. In addition to addressing these cultural problems, the Papua New Guinean government must itself investigate accusations of “witchcraft” and offer alternative, non-magical explanations for disease, misfortune, and other harms.
“Abandoned Babies: The Backlash of South Korea’s Special Adoption Act”
After the amendment to South Korea’s adoption law came into effect in August 2012, the number of abandoned babies has risen. The amendment (“Special Adoption Act”) created three conditions on birthparents who wish to place their child up for adoption. First, birthparents must wait at least seven days post-birth before consenting to place their child up for adoption. Second, birthparents must receive counseling on the various subsidies and resources to which they would have access, if they choose to raise the child themselves. Finally, birthparents must go through family court to place their child up for adoption, which becomes part of government records. The legislative intent was to keep children with their biological families, reduce the number of foreign adoptions, and encourage more domestic adoptions by making the adoption process more transparent and by making available necessary information. However, since the Act took effect, more infants are being abandoned, particular those born to unwed mothers. This comment examines South Korea’s Special Adoption Act in the context of the Korean culture and history, and suggests that perhaps the biggest weakness of the Act is that it attempts to keep children with their birthparents by making the adoption process more burdensome on the birthparents. Instead, perhaps the Act should resort to other more effective and permanent means, such as fighting the social stigma surrounding adoptions, children born out of wedlock, and single mothers.
April 20 – The Arctic and Environmental Justice Issues
UW Law and the UW Canada Fulbright Chair in Arctic Studies present: (Discussion to follow in room 115)
“Addressing Environmental Justice Issues in the Canadian Arctic: Stewardship, Community-Driven Reserach and Assessing Cumulative Impacts of Hydroelectric Mega-Projects on Sea Ice Ecosystems”
Joel Heath, 2014-15 UW Canada Fulbright Visiting Chair in Arctic Studies; Executive Director, The Arctic Eider Society
Inuit and Cree communities in East Hudson Bay/James Bay have identified major concerns about impacts of hydroelectric mega-projects on winter sea ice ecosystems. This traditional knowledge has been used to develop community-driven scientific research programs engaging hunters and youth in meaningful employment using their sea ice knowledge and skills to study cumulative impacts on the marine ecosystem. This presentation will demonstrate results of ongoing programs with five communities.
Dr. Heath is an accomplished academic and filmmaker with over 15 years of field experience in the Arctic. He established the Arctic Eider Society (www.arcticeider.com), a registered Canadian charity working with Inuit and Cree communities to develop capacity for community-driven research, training and education/outreach with youth and hunters. He led one of Canada’s largest and most successful International Polar Year projects, developing community research programs, educational curriculum, and directing/producing the award winning film People of a Feather (www.peopleofafeather.com).
This event is sponsored by Global Mondays, UW School of Law; the Canadian Studies Center, Henry M. Jackson School of International Studies (with funding from a US Department of Education, International and Foreign Language Education, Title VI grant); Arctic Law and Policy Institute, UW School of Law; and the UW Canada Fulbright Visiting Chair in Arctic Studies (supported by the UW Office of Global Affairs, the Henry M. Jackson School of International Studies, Social Sciences Division, College of Arts and Sciences, College of the Environment, and the Foundation for Educational Exchange Between Canada and the United States of America, Ottawa).
April 27 – Business and Human Rights
Hosted by UW Law Graduate Program in Sustainable International Development, and the East Asia Center and South Asia Center at the Henry M. Jackson School of International Studies
"Corporate Respect for Human Rights in Practice: Progress, Challenges and the Road Ahead"
Mark Hodge, Executive Director, Global Business Initiative on Human Rights
In the past few decades, a constellation of actors, governance mechanisms, standards and ongoing challenges has evolved to try and address the adverse impacts of economic growth and corporate activity on human rights. Since the endorsement of the UN Guiding Principles on Business and Human Rights in 2011, there has been increased clarity about the duties of States and responsibilities of business regarding human rights in a business context. Companies are now expected to know and show that they act with due diligence and engage in remediation in relation to adverse impacts on workers, communities and other rights-holders. The question that many ask is whether increased conceptual and normative consensus has led to better business practice and good human rights outcomes for the most vulnerable in society. This talk will seek to uncover some of the developments regarding corporate respect for human rights in practice. Question to be addressed include: What, if anything, is changing within large multi-national corporations? How doe the business and human rights agenda play out in diverse parts of the world, especially when drivers for good corporate conduct are limited? What are the key challenges and issues that require attention from states, business and civil society?
Mark Hodge is Executive Director of the Global Business Initiative on Human Rights. The Global Business Initiative on Human Rights’ (GBI) is a not-for-profit organization led by a core group of 18 corporations from different industries, headquartered in diverse countries and with global operations. GBI is a recognized leader in increasing awareness and commitment among the global business community, consistent with the United Nations Guiding Principles on Business and Human Rights. GBI’s vision is that all corporations in all parts of the world respect the dignity and rights of the people they impact and interact with. In his presentation Mr. Hodge will share from GBI’s work to advance human rights in a business context through cross-industry peer learning, outreach and capacity building, and by informing policy. Mark has been working in the field of sustainability since 1999. In recent years, his work on Business and Human Rights has been focused on trends, practices and actors in emerging and developing markets. In his role at GBI, he has been instrumental in initiating dialogue on human rights in China, the UAE and India (where he lived and worked for 4-years). Mark has worked closely with GBI members and other major companies in diverse sectors around implementation of the UN Guiding Principles, and so possesses a knowledge of strategies, tools, challenges and good practices being applied. Mark and GBI regularly engage in expert consultations and policy developments at the international and national level, with the aim of adding perspectives from business practitioners. Mark has undergone field visits, assessments, and workshops about human rights and business in a range of countries across Latin America, Asia and the Middle East.
May 1 (Fri.) Special Symposium – The Post-2015 Development Agenda
From the Millennium Development Goals to the Sustainable Development Goals
12:30-5:30pm in William H. Gates Hall. Details and registration
The Washington International Law Journal's Symposium on The Post-2015 Development Agenda: From the Millennium Development Goals (MDGs) to the Sustainable Development Goals (SDGs) will bring together high-level officials, academics, and experts to discuss to debate the proposed SDGs and explore the prospects for a truly transformative post-2015 development agenda.
In 2000, the United Nations adopted the eight Millennium Development Goals, demonstrating its commitment to eradicate extreme poverty, achieve universal primary education, promote gender equality, reduce child mortality and improve maternal health, combat HIV/AIDS, malaria and ensure environmental sustainability by 2015. The UN has made significant progress in these efforts, but the MDGs have been criticized for their lack of attention to key issues. In 2012, the UN set in motion the creation of the Sustainable Development Goals, to build off of the successes and failures of the MDGs. The UN General Assembly will consider these goals and adopt the SDGs in September of 2015. Many issues are being debated including: How can governments set measurable goals related to environmental protection and global health? What structures must be set in place to ensure government accountability for illicit financial flows and corruption? and To what extent are human rights and the rule of law linked to human development, and how does one measure whether a country adequately protects and promotes these rights?
Co-sponsored by the Washington International Law Journal, the Sustainable International Development Law Graduate Program, UW Law Global Affairs, the Gates Public Service Law program, and the Center for Global Studies at the Henry M. Jackson School of International Studies.
May 4 – Special Lecture at 3:30pm by Ambassador Michael Michalak
Presented as part of the Asian Law Lecture Series
3:30 - 5:00pm in 447 William H. Gates Hall, followed by reception
“Vietnam: A Country Not a War”
Michael Michalak, former U.S. Ambassador to Vietnam
Vietnam has come a long way from the Doi Moi (reform and opening) policies of the 1980’s. Hear how Vietnam is integrating into the 21 Century global economy and preparing to be a leader in South East Asia. At the same time there are domestic and Foreign Policy Challenges which Hanoi must work on if it is to realize it full future potential within ASEAN and Global Society.
Ambassador Michalak retired from the Foreign Service at the end of 2011 after over 30 years of service. A career Foreign Service Officer with extensive knowledge and experience in Asia, was sworn in as the United States Ambassador to Vietnam on August 10, 2007 and served there until March of 2011 when he took on the position of Special Advisor to the Private Sector Host committee for APEC 2011 USA.
May 11 – International Patent Cooperation
Hosted by Law, Business & Technology Initiatives, CASRIP, and the Entrepreneurial Law Clinic
"The USTPO and International Patent Cooperation"
Andrew Byrnes, Chief of Staff, United States Patent & Trademark Office, United States Department of Commerce
U.S. Patent & Trademark Office Chief of Staff Andrew Byrnes will discuss the efforts of the U.S. Patent and Trademark Office and other Intellectual Property offices around the world to develop and expand work sharing and other initiatives that help make patent examination globally more expeditious, predictable, and cost effective, empowering innovators and strengthening the global economy.
May 13 (in room 119) – Global Tax Justice
Hosted by UW Law Graduate Programs in Taxation and in Sustainable International Development, and by the Center for West European Studies and the Global Studies Center and at the Henry M. Jackson School of International Studies
"'Corporate Tax Avoidance and the Business and Human Rights Agenda"
Dr. Shane Darcy, Irish Centre for Human Rights, National University of Ireland
Tax abuse, and specifically tax avoidance by multinational corporations, has received considerable attention from the public, media and civil society in recent years, and increasingly, from governments and intergovernmental organisations. The negative impact of tax avoidance on the ability of States to deliver services, address poverty and meet their human rights obligations is becoming clear. Alongside this greater attention to the human costs of tax avoidance has been the notable advancement of the business and human rights agenda at the international level. Despite the relatively advanced state of developments in both contexts, and the seemingly obvious overlap between the two, corporate tax avoidance has not to date been a significant feature of the business and human rights agenda. This paper seeks to address why this is so and to assess the feasiblity of addressing corporate tax avoidance through the lens of business and human rights.
Dr. Shane Darcy is a lecturer at the Irish Centre for Human Rights at the National University of Ireland Galway, where he teaches international criminal law and business and human rights. He is on the Editorial Board of the Business and Human Rights Journal and the Editorial Committee of Criminal Law Forum. His most recent book is Judges, Law and War: The Judicial Development of International Humanitarian Law (Cambridge, 2014). He has participated in human rights trainings, conferences and workshops in several countries including South Africa, China, Iran, Palestine, Iraq, Turkey, the United States and Russia. He is a member of the National Board of Amnesty International’s Irish Section and runs the Business and Human Rights in Ireland blog.