Global Mondays

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.

Spring 2014 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.

Spring 2014 Brochure (8x14)

May Events

May 5 – Global Perspectives on Copyright Enforcement Online

Hosted by CASRIP and the Law, Technology & Arts Group

"Rethinking Copyright Enforcement in the Online World: Strategies and New Approaches"
Dr. Christophe Geiger, Centre for International Intellectual Property Studies (CEIPI), University of Strasbourg (France)

In order to fight mass-scale copyright infringements on the Internet, numerous legislative initiatives have recently been proposed or adopted with the aim to improve the enforcement of copyright in the online world. This presentation will evaluate the relevance of these enforcement strategies in the context of the unauthorised uses of copyrighted works by means of peer-to-peer file sharing or streaming. The dubious efficiency of some of the solutions adopted at national level, such as the implementation of graduate-response systems or the criminalisation of end users, is questioning the systematic increase of penalties as an appropriate reaction to address the problem of the general disrespect for copyright on the Internet. It rather calls for a new approach through the cautious legalisation of certain practices, in order to ensure that the copyright system continues to fulfil its basic function: the protection of creators and the encouragement of creativity.

Christophe Geiger is Associate Professor, Director General and Director of the Research Department of the Centre for International Intellectual Property Studies (CEIPI) at the University of Strasbourg (France). In addition, he is affiliated senior researcher at the Max Planck Institute for Innovation and Competition in Munich (Germany). He specializes in national, European, international and comparative intellectual property law, has drafted reports for the European institutions and acts as external expert for the European Parliament and the Office for Harmonization in the Internal Market (OHIM). He is also General Editor of the Collection of the CEIPI published by Litec (LexisNexis), co-editor of the EIPIN series published by Edward Elgar and member of the editorial board of several journals on IP law. He has published numerous articles as well as authored and edited many volumes in this field, the most recent being “Criminal Enforcement of Intellectual Property: A Handbook of Contemporary Research” (2012), “Constructing European Intellectual Property: Achievements and New Perspectives” (2013), by Edward Elgar, and “What Patent Law for the European Union?” (2013), “The Contribution of Case Law to the Construction of Intellectual Property in Europe” (2013, in French); “Intellectual Property Law in a Globalized World” (with Caroline Rodà, 2014), by LexisNexis. A comprehensive “Research Handbook on Human Rights and Intellectual Property” edited by Christophe Geiger is also forthcoming in 2014 with Edward Elgar.

May 12 – Upcoming Pacific Rim Law & Policy Journal Articles, Part I

Hosted by the Pacific Rim Law & Policy Journal and the Asian Law Center

“The New Class Actions in Japan”
Michael Madderra, J.D. Candidate 2014, University of Washington School of Law; Exec. Articles Editor, Pacific Rim Law & Policy Journal

“Repeating the Failures of Carbon Emissions Trading on the Pacific Rim”
Brittany Harris, J.D. Candidate 2014, University of Washington School of Law; Exec. Managing Editor, Pacific Rim Law & Policy Journal

“The New Class Actions in Japan”
This comment provides the first published examination of Japan’s new class action law, promulgated on December 11, 2013. In the past, Japanese attorneys used rules of joinder and other alternatives to form de facto class action lawsuits. This comment provides insight into the development of Japan’s new class action law through a discussion of the historical context in which it was created. After discussing the law itself and its development, this comment argues that Japan should examine U.S. jurisprudence to prepare for challenges with the new class action system. Comparing Japanese and U.S. class action systems is appropriate because of similarities between the laws. This comment analyzes recent U.S. court decisions that show controversy and disagreement about how to interpret the class certification provisions. By looking at difficulties currently facing U.S. courts, Japan can better prepare itself for the implementation of its own law. Finally, this comment presents the alternate proposition that due to its bifurcated structure, Japan’s new class action law may provide a more stable means of resolving predominance concerns than U.S. law.

Michael J. Madderra is a 2014 J.D. candidate at the University of Washington School of Law. He received his B.A. with honors from Stanford University in 2011.

“Repeating the Failures of Carbon Emissions Trading on the Pacific Rim”
Carbon emissions trading, or cap-and-trade, is increasingly in vogue among nations along the Pacific Rim as a means of combating climate change. In theory, cap-and-trade promises to solve climate change by capping and gradually reducing the amount of carbon dioxide and greenhouse gas emissions, and to do so with maximum economic efficiency. In reality, environmentally effective and economically efficient carbon emission trading systems have eluded both the international community and the European Union, and in practice have arguably increased emissions by artificially prolonging and legitimizing reliance on fossil fuels. In spite of this poor track record, five countries on the Pacific Rim committed to reduce their carbon dioxide emissions through domestic trading systems: Australia, China, Japan, New Zealand, and South Korea. Although these countries’ commitment to mitigate climate change is admirable, their domestic carbon emissions trading systems are characterized by the very same features that rendered the Kyoto Protocol’s international carbon market and the European Union’s Emission Trading Scheme utterly ineffective. These countries are consciously repeating the same mistakes and expecting different results.

In analyzing these five experiments, this comment identifies the features that will likely undermine the environmental and efficiency goals of these systems. This comment argues that due to these shortcomings, the emissions trading systems on the Pacific Rim will not lower carbon dioxide emissions to safe levels—instead, they will exacerbate climate change by artificially prolonging and legitimizing the use of fossil fuels. In addition, the reappearance on the Pacific Rim of these unsound design features lends credence to the theory that emissions trading is fundamentally unreliable as a means of regulating and reducing greenhouse gas emissions.

May 19 – Upcoming Pacific Rim Law & Policy Journal Articles, Part II

Hosted by the Pacific Rim Law & Policy Journal and the Asian Law Center

“Foreigners in Burma: A Framework for Responsible Investment”
Rachel Ryon, J.D. Candidate 2014, University of Washington School of Law; Associate Editor-in-Chief, Pacific Rim Law & Policy Journal

“Killing a Chicken to Scare the Monkey: The Unequal Administration of Death in China”
Jessica Shen, J.D. Candidate 2015, University of Washington School of Law

“Foreigners in Burma: A Framework for Responsible Investment”
Burma is hailed as a great democratic success story: a once-rogue nation holding elections, releasing political prisoners, and promising human rights reforms. The people elected to Parliament Aung San Suu Kyi, the leader of the democratic movement who was under house arrest for more than twenty years. The world responded with applause and opened pocketbooks. In April of 2012, Ban Ki-moon, Secretary General of the United Nations, asked members to lift their sanctions on the formerly “rogue” nation and begin investing. But for a resource-rich country with a long track record of corruption, this flood of foreign investment will likely provide more opportunities for human rights violations and environmental destruction.

Burma’s Parliament recently revised the country’s foreign investment law to provide guidelines for its new investors. Given Burma’s relatively new Constitution and brand new foreign investment law, what will the legal landscape regarding the protection of human rights and the environment look like during this time of transition and economic acceleration? Foreign investors should agree to undertake projects only where impact benefit agreements are successfully negotiated, proceed cautiously in Burma’s historically corrupt oil and gas industry, and engage in non-financial reporting in order to ensure compliance with international human rights and environmental standards.

Rachel Ryon is a third year law student at the University of Washington. In addition to her position as Associate Editor-in-Chief of the Pacific Rim Law & Policy Journal, she is a member of the UW School of Law's International Human Rights Clinic. She has worked at the Center for Justice & Accountability and served as a judicial extern to the Honorable Ronald B. Leighton at the U.S. District Court, Western District of Washington. She graduated with a B.A. in International Studies and a Minor in Classical Piano Performance from Pepperdine University.

“Killing a Chicken to Scare the Monkey: The Unequal Administration of Death in China”
In 2012, China executed at least an estimated 2,000 people, distinguishing itself as the country executing the most prisoners in the world. In contrast, 314 and 129 people were executed by Iran and Iraq, the countries with the second and third most executions, respectively. While China has a practice of leniency and contextualization for those sentenced to death, it needs to expand that practice beyond government officials or well-connected individuals. Rather, the practice must encompass all criminals, even a domestic violence victim who kills her spouse in self-defense. This inequality in treatment likely fails to deter criminals, and contradicts the Chinese legal tradition of balancing severity with legal mercy. Although modern China emerged as a rejection of imperial China’s hierarchical social structures that manifested from Confucian principles, these cultural traditions have endured. For example, Confucianism’s humane influence can be seen in statutory and procedural mechanisms demonstrating benevolence towards criminals. However, only applying this benevolence to a select group of people betrays modern China’s statutory and philosophical pledge of egalitarianism and is inconsistent with imperial China’s use of legal mercy. This comment argues that China should balance harsh punishments with humaneness for all criminals, not just people with power or high socioeconomic status; otherwise, the Chinese criminal justice system will remain inconsistent with public policy and the legal tradition of deterrence.

Jessica Shen is a 2L at the University of Washington School of Law expected to graduate in Spring 2015. She received a Bachelor's Degree in Political Science and English (Creative Writing) at the University of Washington in 2012. During law school, she worked on a multi-jurisdictional sex trafficking case at the King County Prosecuting Attorney's Office, investigated employment discrimination claims at the U.S. Equal Employment Opportunity Commission, and conducted legal research, writing, and trial support as a law clerk at the U.S. Attorney's Office. This coming summer and school year, she will be interning at Graham Lundberg Peschel, P.S., Inc. Additionally, she will be working as a Rule 9 Intern at UW Student Legal Services during the 2014-2015 school year.

March & April Events

March 31 – Truth, Justice and Reparation in Northern Ireland

Hosted by UW Law Graduate Program in Sustainable International Development and the PhD Program, and the Comparative Law & Society Studies (CLASS) Center

“Dealing with the Past: Narrating Truth in Northern Ireland”
Dr. Kathleen Cavanaugh, Irish Center for Human Rights, National University of Ireland

In truth telling processes in transitional societies, such as Northern Ireland, mechanisms established to find the truth, such as truth commissions, endeavour to find a common narrative emerging about the causes of conflict. At the same time, there is now evidence that such processes also create silences; some narratives are not fully represented. This lecture will provide some background on the conflict in Northern Ireland and how such a meta-conflict situation has given rise to conflicts over memories of state.

Kathleen Cavanaugh is currently a Lecturer of International Law in the Faculty of Law, Irish Centre for Human Rights (ICHR), National University of Ireland, Galway. She holds a PhD in Comparative Politics from the London School of Economics & Political Science and a LL.M (Distinction) from the Queen’s University of Belfast, Northern Ireland. She has held several Visiting Lectureships including at the Centre for Socio-Legal Studies, University of Oxford, the EIUC Centro Interuniversitario Europeo per i Diritti Umani e la Democratizzazione and the University of Notre Dame. She has served as Chair of the Executive Committee of Amnesty International (Ireland) until 2011, was a member of the International Policy Committee of Amnesty International and is currently a member of the Board of Directors for Amnesty International (USA). As a consultant, she has undertaken numerous missions on behalf of Amnesty International including to Northern Ireland, Israel/Palestine and Iraq. She has conducted trainings for governmental as well as non-governmental organizations throughout the Middle East, India, and the Republic of Ireland.

Dr. Cavanaugh specializes in the study of nationalism, ethnic conflict, political violence, applicable human rights laws in entrenched/states of emergency, narratives on Islamic and international law, freedom of religion and militant democracy. Her most recent publications include a book entitled Minority Rights in the Middle East (Oxford University Press, 2013), and “Narrating Law” in Anver Emon, Mark Ellis and Benjamin Glahn, eds, Islamic Law and International Human Rights Law (2012). She was awarded a Leverhulme/British Academy of Sciences grant in 2013 to undertake field work on her current research focus on Militant Democracy in Turkey.

April 3 (Thu.) – Foreign Investment in China

Hosted by the Law, Business & Entrepreneurship Program, the Chinese American Law Student Association, the Visiting Scholars Program and the Asian Law Center

“Foreign Investment in China: Key Issues in a Nutshell”
Visiting Scholars Yan Sun (Mori Hamada & Matsumoto), Huipeng Yang (Tian Yuan Law Firm), and Yurong Zhang (Shanghai University Law School)

  • Yan Sun is an attorney at Mori Hamada & Matsumoto (Japan), who specializes in cross-border M & A, restructurings, Business negotiation, and international trades. Mr. Sun also serves as an Internationalization Assistance Advisor to Organization for Small & Medium Enterprises and Regional Innovation, JAPAN. He holds a BA in Business Japanese from North China University of Technology and a Juris Master from Peking University Law School. Mr. Sun has launched several books and published a multitude of articles regarding to legal affairs in China. As a UW Visiting Scholar he addresses several critical topics in China regarding M&A, such as whether M&As can improve corporate governance of SOEs and resolve inefficiency problems, and how to design a legal framework that will guarantee fair deals based on accurate valuation of SOE shares.
  • Huipeng Yang practices law at Tian Yuan Law Firm and handles contracts and cross border mergers and acquisitions. Mr. Yang holds an LLB from Tsinghua University. He has also done legal translation work in Korean, English, and Japanese. Mr. Yang joined UW Law as part of the ongoing UW-Beijing Lawyers’ Association partnership, and is engaged in a comparative US-China study of international M&A transactions during his visit.
  • Yurong Zhang is a professor at Shanghai University Law School. She holds a BA from Wuhan University of Technology, and a LLM and PhD from Huazhong University of Science & Technology. She has also engaged in PhD research at the Max Planck Institute. Prof. Zhang has authored many articles on patent law. While at UW Law, Prof. Zhang intends to study the newest rules of US patent law (such as the Patent Act’s 2011 amendment) in order to produce legislative suggestions for Chinese patent law, and also to provide better advice to Chinese and US businesses engaged in exports.
  • April 7 (room 127) – Spotlight on LGBT Rights Around the Globe

    Hosted by Gates Public Service Law and UW Law Global Affairs

    "LGBT Rights Internationally: Russia, India, Uganda, Nigeria and Beyond"
    Speakers from the International Gay and Lesbian Human Rights Commission: Jessica Stern, Executive Director & Grace Poore, Regional Program Coordinator for Asia and the Pacific Islands

  • Jessica Stern is the Executive Director of the International Gay and Lesbian Human Rights Commission. As the first researcher on lesbian, gay, bisexual and transgender (LGBT) human rights at Human Rights Watch, she conducted fact-finding investigations and advocacy around sexual orientation and gender identity in countries including Iran, Kyrgyzstan, South Africa, and the United Arab Emirates. She holds a masters degree in human rights from the London School of Economics. She is frequently quoted in the Mail & Guardian, Al Jazeera English, the Associated Press, Reuters, Agence France Presse, Deutsche Welle, Voice of America, The Guardian and The BBC.
  • Grace Poore, from Malaysia, has been the Regional Program Coordinator for Asia and the Pacific Islands at the International Gay and Lesbian Human Rights Commission (IGLHRC) since 2007. She develops the work in Asia, oversees multi-country projects on human rights documentation and advocacy in Asia, and conducts trainings. She co-wrote the video “Courage Unfolds” about LGBT activism in Asia and the Yogyakarta Principles. Ms. Poore holds a Masters degree from Syracuse University, Newhouse School of Communications. She is currently working on a report about violence against lesbians, bisexual women, and transgender people in five Asian countries.
  • April 14 – Social and Environmental Sustainability

    Hosted by UW Law Graduate Program in Sustainable International Development and Environmental Law Initiatives

    “The Sustainable Self – A Personal Journey Towards Sustainability”
    Victor Branagan, SustainEd

    Attempting to be sustainable in an unsustainable world presents challenges to each and every one of us. A sustainable future is full of uncertainties and unknowns and the maxim of ‘when you don’t know where you are going you need to be very sure of who you are’ rings especially true in these times. Sustainability is a positive and motivating and many would argue essential goal. However, being sustainable often requires a shift in personal philosophy and in daily practices in order to connect with our authentic selves to help guide our decision making. This shift in our perspective can help us to embody sustainability and to make it real and more about a way of being in our everyday lives. This talk will outline one person’s journey towards and with sustainability.

    Victor Branagan (M.Sc. M.B.S.) is the Principal of SustainEd and has extensive experience in business with particular emphasis on social and environmental sectors. Victor has been involved with sustainability since before that term was popularly used. He started his working life as a roof thatcher in Ireland and England for many years, then as a stone mason and he restored his own 300 year old farmhouse in County Kilkenny, Ireland. For the past twenty years he has worked as a business consultant and a university lecturer on sustainable business focussing on emerging green economy businesses and social/community enterprises. He keeps fit through digging the vegetable garden and dancing.

    Based in Dublin, Iraland, SustainEd is offer training, education and consultancy on sustainability to all types of businesses, community enterprises, social partnerships and networks. SustainEd aims to help clients clarify what sustainability means for their organization, how it can affect the work they undertake and how it can be used to benefit the organization and their clients.

    April 15 (Tue.) – International Criminal Tribunals and War Crimes

    Lunch and Discussion with Distinguished Visiting Jurist Judge O-Gon Kwon, The International Criminal Tribunal for the Former Yugoslavia

    12:00-1:30pm in 447 William H. Gates Hall. Limited Seating - rsvp required.

    Hosted by UW Law Global Affairs, the Asian Law Center, the Graduate Program in Sustainable International Development, the International Law Society, the Center for Human Rights and Justice, and the Korean American Law Student Association

    The International Criminal Tribunal for the former Yugoslavia (ICTY) is a United Nations court of law dealing with war crimes that took place during the conflicts in the Balkans in the 1990’s. Since its establishment in 1993 it has irreversibly changed the landscape of international humanitarian law in its precedent-setting decisions on genocide, war crimes and crimes against humanity.

    Judge Kwon has been working as one of the permanent judges of the International Criminal Tribunal for the former Yugoslavia since being elected by the UN General Assembly in November 2001. He served as the Vice-President of the International Tribunal from 2008 to 2011. Judge Kwon currently presides over the trial of former Bosnian Serb leader, Radovan Karadžić, and previously sat on the trial of Slobodan Milošević, former President of the Republic of Serbia and the Federal Republic of Yugoslavia and on the trial of Popović and others, in which seven Bosnian Serbs were accused of involvement in crimes following the July 1995 fall of the Srebrenica enclave.

    Before joining the Tribunal in 2001, Judge Kwon served in the judiciary of the Republic of Korea for 22 years as a judge in various courts, including the Seoul District Court and Taegu High Court. He also served as the Assistant Legal Advisor to the President of the Republic of Korea (1981-1984), the Planning Director at the Office of the Court Administration of the Supreme Court of Korea (1990-1992), and the Director of Research at the Constitutional Court of Korea (1997-1999). Judge Kwon holds an LL.B. (1976) from Seoul National University Law School, an LL.M. (1983) from the Graduate School of Seoul National University and an LL.M. (1985) from Harvard Law School. He received a “Moran” National Order of Merit from the President of the Republic of Korea in September 2008 and the “Youngsan Law Award” from Youngsan Foundation in October 2011. In addition to his work at the Tribunal, Judge Kwon has been serving as a member of the Board of Editors of the Journal of International Criminal Justice (Oxford) since 2007, and a member of the Independent Panel on the International Criminal Court Judicial Election of the Coalition for the International Criminal Court since 2010.

    April 21 – Transnational Environmental Law and Conservation Contracts

    Hosted by Environmental Law Society, Environmental Law Initiatives and UW Canadian Studies Center

    “Bargaining for Biodiversity”
    Dr. Natasha Affolder, Associate Dean Research and International, University of British Columbia - Faculty of Law

    This talk explores the quiet ascendancy of transnational environmental contracts as a mechanism to protect habitats and species. The diverse and proliferating examples of conservation contracts such as forest carbon agreements, conservation concessions, debt-for-nature swaps, conservation performance payments, and private protected area agreements – reveal an ongoing and intensifying transnational attempt to use private contracts to address some of the most pressing issues of common concern. At the same time, however, the proliferation of negotiated agreements to govern biodiversity protection is absent from most leading accounts of environmental law-making, which remain glued to a state-centric model of public law regulation. One of the empirical tasks of this talk is to document and explain this transnational turn to contracts. This demands an unpacking of the market approach to law which underlies these agreements. It invites a closer look at the role of law in establishing the infrastructure within which “clean water, greenhouse gases, and wetlands can be traded as easily as corn or soy beans”.

    Professor Affolder is an Associate Professor at the UBC Faculty of Law. She is a Faculty Associate at the Liu Institute for Global Issues and the Peter Wall Institute for Advanced Studies. Dr. Affolder publishes in leading law journals and lectures widely on diverse aspects of transnational environmental law. The "transnational" focus of her work emphasizes the cross-cutting nature of environmental issues that transcend state borders but are not limited to interactions between states. Professor Affolder holds an LLB from the University of Alberta and a Bachelor of Civil Law (BCL) and doctorate in law from Oxford University where she was a Rhodes Scholar. Prior to joining UBC, Professor Affolder practiced law in private practice in Boston, Massachusetts and held a Research Associate position in the area of large project negotiation at Harvard Business School. She has also worked in various capacities for international non-governmental and inter-governmental organizations including Oxfam and the United Nations Environment Programme (UNEP).

    April 28 – Spotlight on the Syrian Civil War

    Hosted by the International Law Society and the Center for Human Rights and Justice

    "Prospects for accountability in the Syrian Civil War"
    Frederick Michael Lorenz JD, LLM, Adjunct Senior Lecturer, UW School of Law

    Frederick Lorenz grew up in New York City and obtained his undergraduate and law degrees from Marquette University. He served in the US Marine Corps for twenty-seven years as a judge advocate, including a tour as an infantry company commander. He obtained an LLM (With Highest Honors) from George Washington University in Land Use Management and Control and practiced environmental/land use law between 1982 and 1991. In 1992 he joined the First Marine Expeditionary Force and was the senior legal advisor for the United Nations authorized military intervention in Somalia, and returned there as senior legal advisor for the UN evacuation in 1995. In 1996 he served in Bosnia as a legal advisor for the NATO implementation force, and went on to teach Political Science at the National Defense University. After his retirement from the Marine Corps as a colonel in 1998 he spent a year as a Fulbright Senior Scholar in St Petersburg, Russia, teaching courses in international law, environmental law and US foreign policy. In 2000 he served as a United Nations legal affairs officer in Kosovo, working in the UN Civil Administration. In 2007 he was a Visiting Scholar at the Irish Centre for Human Rights in Galway, Ireland. He is currently a Senior Lecturer at the Jackson School of International Studies, University of Washington and an Adjunct Senior Lecturer at the UW School of Law. His courses include International Humanitarian Law and Water and Security in the Middle East. In the summer he leads a UW study abroad program to Galway, Ireland and The Hague “Challenges of International Justice.” He is a Senior Peace Fellow for the Public International Law and Policy Group, with missions in the Republic of Georgia and Armenia in 2006 and 2007, and three US State Department sponsored trips to Somaliland in between 2008 and 2010. He was in Kenya on a project regarding the International Criminal Court in February 2011. He resides with his wife Joan in Tacoma, Washington.

    Earth

    Global Friendship Program

    Every year, UW Law brings together students, scholars, and legal professionals from around the world. The Global Friendship Program aims to connect these foreign students, scholars, and professionals with American law students who seek to explore another legal system, share in cultural learning, and help newcomers to Seattle and the UW feel welcome. All individuals at the School of Law are invited to participate.

    Global Friendship Program Interest Form

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    Last updated 5/7/2014