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.

Winter 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.

Winter 2014 Brochure (8x14)

Jan. 27 – Global Finance Regulation

Hosted by the Law, Business & Entrepreneurship Program and the Visiting Scholars Program

"Lessons from the Global Financial Crisis (GFC) and Proposal for a Framework of Hedge Fund Regulatory Reform in the Post-GFC World"
Cecilia Lee, Visiting Scholar, UW School of Law

In the five years since the GFC of 2008, numerous reforms have been introduced that altered the financial regulatory landscape. For hedge funds, this includes new registration requirements mandated in the U.S. and the E.U. However, much work remains to address potential systemic risks from financial innovations in our interwoven global capital markets. The GFC revealed such dangers as manifested in the shadow banking system, in respect of which the G20 has charged the Financial Stability Board with the task of assessing and developing policy recommendations for this nebulous sector. Given the heterogeneity and complexities involved in shadow banking activities, including hedge funds’ participation in such transactions, a framework for analysis and design of regulatory reforms in this area is critical to ensure adaptability to current conditions and future developments. This lecture offers an overview of the lessons learned from the GFC, as well as the role of soft law in the global financial system, and proposes a framework for targeted and balanced hedge fund regulatory reform.

Cecilia Lee is a Canadian-qualified lawyer who has handled numerous international securities transactions, acquisitions, and lending and financing transactions during her career at McCarthy Tetrault, LLP, and Nortel Networks. Ms. Lee holds a BA of Commerce from the University of Toronto, a BLAW from the University of Western Ontario, and an LL.M. from York University. As a Visiting Scholar, Ms. Lee researches financial regulatory reforms in the light of the Global Financial Crisis of 2008, particularly in the area of hedge fund regulation.

Feb. 3 – Global Spotlight on Land Rights, Women's Rights and Customary Justice in Africa

Hosted by the International Law Society and the Graduate Program in Sustainable International Development

"Updates on Landesa's Work in Africa: From Addressing Large-scale Land Investments to Enhancing Women's Access to Customary Justice"
Darryl Vhugen, Senior Attorney & Director of Special Initiatives & Reem Gaafar, Research Associate, Landesa

Mr. Vhugen will discuss Landesa's work on the important issue of large-scale land investments in Africa. A global land rush—sparked initially by a dramatic rise in global food prices and now driven by a variety of factors including increased demand for food and biofuels, carbon markets and speculation—is remaking the face of agriculture and land use in the developing world. Large swathes of land in Africa, Latin America and Asia are being purchased or leased. While land-based investments present an opportunity for economic development, they can lead to a loss of access and rights to land, water and other natural resources for local communities, especially women.

Mr. Gaafar will introduce Landesa's "Justice" Project: Enhancing Customary Justice Systems in the Mau Forest, Kenya. In light of the recognition of women’s land rights and of "traditional dispute resolution mechanisms" in Kenya’s new Constitution, this project piloted a model for improving women’s access to customary justice related to land rights, including a short-term impact evaluation.

Feb. 10 – Upcoming Pacific Rim Law & Policy Journal Articles

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

"Why Japan Should Legalize Surrogacy"
Trisha Wolf, J.D. Candidate 2014, University of Washington School of Law; Exec. Articles Editor, Pacific Rim Law & Policy Journal

"Fishers of Men: The Neglected Effects of Environmental Depletion on Labor Trafficking in the Thai Fishing Industry"
Joanna Sylwester, J.D. Candidate 2014, University of Washington School of Law; Chief Comments Editor, Pacific Rim Law & Policy Journal

Beyond a recommendation from the Japanese Society of Obstetrics and Gynecology to not work with patients who want to engage in surrogacy contracts, no legal framework exists for regulating surrogacy in Japan and only one doctor in the entire country will work with families using surrogates. Therefore, Japanese families often travel abroad to use surrogates, which creates a number of problems. Babies born to surrogates have been considered stateless because neither the surrogate’s country nor Japan recognizes them as citizens. Furthermore, Japan’s complex family registry system makes it difficult to adopt children. Finally, surrogates abroad are often very poor women forced to live in abject conditions during their pregnancies. The Japanese government should establish a legal framework to regulate surrogacy, drawing on Israel's system and the ABA Model Rules.

Trisha Wolf is a third year law student at the University of Washington. In addition to her work as an Executive Articles Editor for the Pacific Rim Law & Policy Journal, she is currently a member of UW's Immigration Law Clinic. During law school, Trisha has worked at the U.S. Department of Education Office for Civil Rights and the UW Division of the Attorney General's Office. She also received at FLAS in Hindi during the 2012-13 school year. Prior to law school, Trisha worked in health care and international development. She graduated magna cum laude with a B.A. in anthropology from Washington University in St. Louis.

Migrant fishermen are left out. Both Thailand’s labor trafficking laws and anti-trafficking measures espoused by international bodies fail to effectively protect men coerced into working in Thailand’s fishing industry. Thailand is a prominent destination for human trafficking victims because of the country’s economic, social, and political conditions. The majority of trafficking victims identified within Thailand are migrants from Thailand’s neighbors—predominantly Myanmar (Burma)—and often escape from conditions of poverty or political persecution. Because of a high demand for Thai fish products and labor shortages in the fishing industry; the commercial fishing industry is a hotbed for labor trafficking. The Government of Thailand, as a response to international pressure, has increased regulatory efforts to address the experiences male labor trafficking victims face. However, these efforts neglect an essential component: how changing environmental conditions and the effects of over-fishing on the nature of the fishing industry both perpetuate trafficking and thwart well-meaning reforms. Environmental mainstreaming, or the process of infusing environmental policies into traditionally non-environmental programs, would buoy current regulatory efforts and may even contribute to the development of stronger, more realistic labor trafficking laws.

Joanna Sylwester is a third year law student at the University of Washington and serves as Chief Comments Editor on Pacific Rim Law & Policy Journal

Feb. 13 (Thu.) – Towards European Integration

Live Video from the UW Rome Center. 9am in 115 William H. Gates Hall
Hosted by UW Law Global Affairs, UW Office of Global Affairs, Jackson School of International Studies European Union Center and Center for Western European Studies, and UW French and Italian Studies

"European Integration: Toward the Unites States of Europe?"

Franco Frattini, President of the Italian Society for International Organizations; Former Italian Minister of Foreign Affairs and European Commissioner for Justice, Freedom and Security

Franco Frattini is former Italian Minister of Foreign Affairs and former European Commissioner for Justice, Freedom and Security. Currently, Frattini is the President of the Italian Society for International Organizations (SIOI), a UW partner instituion. He has been foreign minister twice during the past ten years, Minister for Civil Service, also a member of parliament, several important committees and EU organizations, Secretary General to the Prime Minister, and State Prosecutor. He is a law graduate of the University of Rome, "La Sapienza".

Feb. 19 (Wed.) – International Treaties and Commercial Law

3:30pm in 447 William H. Gates Hall
Hosted by UW Law Global Affairs and the Law, Business & Entrepreneurship Program

"Treaties and National Law – Examining the Relationship in the Commercial Law Context"
Jeffrey Wool, Affiliate Professor of Law and Executive Director, Cape Town Convention Academic Project, UW School of Law; Head of Aerospace Law and Policy, Freshfields Bruckhaus Deringer, London

Treaties relate to and interact with national law in complex and important ways. That relationship directly impacts the extent to which transacting parties can reasonably rely on new and beneficial international norms. Professor Wool will present a core conceptual framework, applicable to modern commercial law treaties, to assist in understanding that relationship, utlizing the specific case of the Cape Town Convention and its Aircraft Protocol.

Professor Wool re-joined the UW law faculty in 2012. He teaches transnational commercial law and serves as the executive director of the Cape Town Convention Academic Project, a joint undertaking between UW law faculty and Oxford University Faculty of Law. Professor Wool has been a visiting faculty member at Oxford University and IDC School of Law, Israel, and lectured on aviation law at Leiden University and McGill University. He also serves as secretary general of the Aviation Working Group, an international industry group that works on the development of policies, regulations and rules designed to facilitate advanced international aviation financing and leasing. Professor Wool is head of aerospace law and policy at Freshfields Bruckhaus Deringer, based in the Firm's London office. He is also special advisor to the International Institute for the Unification of Private Law (UNIDROIT) on international equipment financing, and chairs the American Foundation for International Uniform Law, a chartable organization that supports inter alia the work of Unidroit.

Feb. 24 – Digital Copyright and Open Licensing in China

Hosted by the Law, Technology & Arts Group, the Asian Law Center, and the Visiting Scholars Program

"Emerging Copyright Practice: the Chinese Experience with Open Licensing"
Dr. Chunyan Wang, Associate Professor, Renmin University of China Law School, Visiting Scholar, UW School of Law

Chunyan Wang is an Associate Professor at Renmin University of China Law School, specializing in intellectual property law and competition law, and is widely published on these issues. She holds a LL.B. from Zhejiang University, a diploma of postgraduate program in economic law from Peking University, and a Ph.D. in Civil Law from Renmin University of China. She was the first Wejen Chang Scholar at East Asian Legal Studies (EALS), Harvard Law School in 1996 and was a Visiting Scholar at EALS, Harvard Law School again in 2003. Prof. Wang was a visiting fellow at the City University of Hong Kong in 2011 and was appointed by UNESCO as a consultant in 2010. She also serves on the Board of Directors of China Intellectual Property Law Research Society and is a Member of the Expert Groups for the Open Course Project and for the Educational Resources Sharing Course Project under the Ministry of Education of China, and the Expert Group of Tencent Cyberlaw Research Center. She received 2011 Knowledge China Award.

Since 2005, Professor Wang has been acting as Project Lead of Creative Commons China Mainland, where she managed the official launch of Creative Commons in the Chinese Mainland and is responsible for translating, localizing and promoting the China Mainland version of the Creative Commons licenses. In her talk she will address existing copyright practices in China and discuss the impact of open licensing on the Chinese copyright culture.

March 3 – Global Legal Advocacy: Promoting Human Rights in Zimbabwe

Hosted by the Barer Institute for Law and Global Human Services and the Graduate Program in Sustainable International Development

"The Role of NGOs in the Promotion and Protection of Human Rights in Zimbabwe"

Charles Mutasa, Barer Fellow; LL.M. Candidate in Sustainable International Development, UW School of Law

In African countries such as Zimbabwe, NGOs are generally viewed as the bedrock of democracy as they play a watchdog role over government with the view of promoting good governance, human rights and sustainable development. This presentation is a critical appraisal of the role and effectiveness of the strategies used by local NGOs to promote human rights in Zimbabwe. Despite the difficulties associated with an unfavorable operating environment, which includes government’s defiance of court orders, politicization of state institutions and continuous harassment of human rights defenders, the NGOs have remained resilient and made significant achievements in promoting human rights in Zimbabwe. The presentation will also briefly looks at the interface between the local NGOs and the African human rights regional bodies in their attempts to address the human rights challenges Zimbabwe is facing. It concludes by looking at the successes and challenges faced by the NGOs and suggest a way forward.

Charles Mutasa is a Zimbabwean who has studied political science and development studies up to Masters level. He has over 16 years of experience working for international and national non-profit organizations in Africa in the area of governance, human rights, health, poverty and general development policy. Charles work in the fields of policy research, analysis, consultancy and advocacy focuses on the importance of linking human rights and the rule of law issues with other sustainable development issues especially economics and politics with the goal of contributing to Zimbabwe’s transitional justice issues.

March 7 (Fri.) – Laws and Societies in Global Contexts

2:00-3:30pm in the Petersen Room, Allen Library
Hosted by UW Law Global Affairs and the Ph.D. Program, Jackson School of International Studies, Law, Societies & Justice Program and the CLASS Center

"Laws and Societies in Global Contexts"
Eve Darian-Smith, Professor and Chair in Global Studies at the University of California, Santa Barbara and Adjunct Professor at Regulatory Institutions Network, Australian National University

In Laws and Societies in Global Contexts (Cambridge University Press, 2013) Prof. Darian-Smith confront the challenge of how best to analyze sociolegal problems confronting us in the coming decades. She provides a framework for envisioning a new legal paradigm and new forms of governance that move beyond state-based solutions to deal with trenchant transnational challenges such as regional conflicts and environmental degradation. A more global sociolegal perspective takes seriously the concept of legal pluralism, and engages with multiple laws and societies within and across national borders that encompass diverse social systems based on very different historical and cultural traditions, interacting on multiple local, national, regional and global levels. Importantly, She argues that this sociolegal perspective is relevant to issues obviously "global" such as immigration law and regulating carbon emissions, as well as to local legal issues such as the death penalty, hate crime, and domestic violence that are not generally thought of in such worldly terms.

Eve Darian-Smith is Professor and Chair in Global Studies at the University of California, Santa Barbara and an Adjunct Professor at Regulatory Institutions Network, Australian National University. She has published ten books and edited volumes as well as many essays. Her first book "Bridging Divides: The Channel Tunnel and English Legal Identity in the New Europe" won the Law & Society Association Herbert Jacob Book Prize. Other books include Laws of the Postcolonial (with Peter Fitzpatrick); New Capitalists: Law, Politics and Identity Surrounding Casino Gaming on Native American Land; Religion, Race, Rights: Landmarks in the History of Modern Anglo-American Law, and most recently Laws and Societies in Global Context: Contemporary Approaches (2013, Cambridge). She is on various editorial boards including the Canadian Journal of Law and Society and Social & Legal Studies, and she is a former Associate Editor of American Ethnologist and Law & Society Review.

March 10 – Multi-stakeholder Perspectives on the Japanese Patent System

Hosted by the Law, Technology & Arts Group, the Asian Law Center, and the Visiting Scholars Program

"Can the Patent System in Japan be Considered User Friendly?"
Visiting Scholars Takuya Yasui (Japan Patent Office), Shogo Matsunaga (Sonderhof & Einsel Law and Patent Office), and Yoichiro Nishimura (Kanagawa University)

  • Shogo Matsunaga is an attorney with Sonderhof & Einsel Law and Patent Office in Tokyo, Japan, where he handles cases involving IP infringement, labor law and commercial law. He is a recommended IP counsel by LEGAL 500. Mr. Matsunaga previously served as Director of IPtrust Inc. for many years. Mr. Shogo holds a BA in Law from Waseda University and also completed the Supreme Court of Japan’s two-year Legal Training & Research Institute and a four week program at UC Berkeley. His comparative research on patent law focuses on cutting edge issues related to the enforcement of Standard Essential Patents (SEPs).
  • Yoichiro Nishimura has been a professor at Kanagawa University’s Faculty of Economics for seven years. He holds a BA, MA, and PhD in Commerce Management from Hitotsubashi University. Professor Nishimura has served as a committee member of the Japan Patent Office, and has published numerous articles on various patent issues. While on his sabbatical at UW Law, Professor Nishimura studies the harmonization of patent law and the patenting behavior of Japanese firms in relation to the Leahy-Smith America Invents Act of 2011.
  • Takuya Yasui recently graduated from UW Law’s Intellectual Property LLM, and will continue his studies with us as a Visiting Scholar. Mr. Yasui has worked for the Japan Patent Office for nine years, and he holds a BS and MS in Pharmaceutical Science from the University of Tokyo, in addition to being a qualified pharmacist. Mr. Yasui continues his research on the topic of patent protection of human genes by analyzing impending decisions from the US Supreme Court and European Patent Office. He aims to use this research to aid Japan in establishing a more efficient IP system, and offering solutions and guidelines for possible disputes of gene patents.
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