The symposium will prognosticate the future of ISDS in light of the global debates swirling around TPP and T-TIP. It will explore the acute tensions underlying the legitimacy crisis confronting investment arbitration and consider how treaties or their interpretation may be recalibrated to strike that elusive balance between the sovereign right to regulate and investment protection.
Seating is limited. Please register to reserve your seat today at McGeorgeEvents@pacific.edu or 916.739.7138.
Friday, Feb. 19 2016 from 9 a.m. to 5 p.m.
McGeorge School of Law — Grand Salon
3200 Fifth Ave.
Sacramento, CA 95817
Registration — 8:30 a.m. to 9 a.m.
Welcome — 9 a.m.
Dean Francis J. Mootz, McGeorge School of Law, University of the Pacific
Introduction and Remarks — 9:15 a.m.
The TPP, T-TIP and Forum non Concurrence in ISDS
Jarrod Wong, Professor of Law and Co-Director of the Global Center, McGeorge School of Law
Panel 1: Panacean Principles in International Investment Law — 9:45 a.m.
The Legitimacy Crisis of Investment Arbitration
Roger P. Alford, Associate Dean for International and Graduate Programs, Professor of Law, Notre Dame Law School
Visions of Global Justice in International Investment Law
Steven R. Ratner, Bruno Simma Collegiate Professor of Law, University of Michigan Law School
Moderator: Kenneth J. Vandevelde, Professor of Law, Thomas Jefferson School of Law
Break — 10:45 a.m.
Panel 2: The Conjoined Twins of Incentive and Accountability — 11:15 a.m.
ISDS Under the TPP: The Promise of More Transparent and Accountable International
The Hon. Jeffrey L. Bleich, United States Ambassador (ret.), Partner, Munger, Tolles & Olson LLP
Limits to Liberalization in TPP
Jason Yackee, Associate Professor of Law, University of Wisconsin Law School
Moderator: Alan O. Sykes, Professor of Law, Professor of Law, Stanford Law School
Panel 3: Public Purpose and the Three-Dimensional Role of the State in ISDS — 12:15 p.m.
Are there super-public purpose considerations under international law as fundamental
principle or ius cogens that override investment treaty law?
Jan Dalhuisen, Professor (Emeritus) (Recalled) at The Dickson Poon School of Law, King's College London, Visiting Professor of Law at UC Berkeley, and Miranda Chair of Transnational Financial Law at UC Lisbon
The ISDS Trinity and State Exercise of Control
Patrick W. Pearsall, Chief of Investment Arbitration, Office of the Legal Adviser, U.S. Department of State
Moderator: Jonathan D. Greenberg, Lecturer in Law and Scholar-in-Residence, Stanford Law School
Lunch — 1:15 p.m.
Panel 4: What and Who Really Decide Who Decides and How It's Decided? — 2:15 p.m.
The EU's Proposal for an International Investment Court; Will "Judges" and "Members"
be better equipped to decide investment disputes than arbitrators?
Andrea K. Bjorklund, Full Professor, L. Yves Fortier Chair in International Arbitration & International Commercial Law, McGill University Faculty of Law
Party Affiliation Bias in Arbitration
Sergio Puig, Associate Professor of Law, Director, International Economic Law and Policy Program, The University of Arizona James E. Rogers College of Law
Moderator: Neil A.F. Popović, Partner and International Arbitration Team Leader,
Sheppard Mullin Richter & Hampton LLP, Lecturer, University of California, Berkeley Law School; and Project Complaint Mechanism Expert, European Bank for Reconstruction and Development.
Break — 3:15 p.m.
Panel 5: A Brave New World Beyond Investor-State Arbitration? — 3:30 p.m.
An Appellate Mechanism for Investment Treaty Arbitration
William S. Dodge, Martin Luther King Jr. Professor of Law, University of California, Davis, School of Law
South-South Investor-State Dispute Settlement and Contemporary Norms
Won Kidane, Associate Professor, Seattle University School of Law
The New Brazilian Agreements on Cooperation and Facilitation of Investments (ACFIs):
Navigating between Resistance and Conformity with the Global Investment Regime
Fabio Morosini, Law Professor, Federal University of Rio Grande do Sul, Porto Alegre, Brazil
Moderator: Stephen C. McCaffrey, Distinguished Professor of Law, McGeorge School of Law
Conclusion of Symposium — 5 p.m.