The XVIIIth International Congress of Comparative Law

July 25 - August 1, 2010
Washington, DC

Platinum Sponsor: Juris Publishing/Czech Yearbook
Agenda as at July 20, 2010

INTERNATIONAL ACADEMY OF COMPARATIVE LAW
George A. Bermann, Gellhorn Professor of Law & Jean Monnet Professor of European Union Law, Columbia Law School, New York, USA (President)
Jürgen Basedow, Director, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany (Secretary-General)
Bénédicte Fauvarque-Cosson, University of Paris II (Panthéon-Assas), France (Vice-President)
Allan R. Brewer-Carías, Central University of Venezuela, Caracas, Venezuela (Vice-President)
Xavier Blanc-Jouvan, University of Paris I (Panthéon-Sorbonne), France (Treasurer)
Katrin Deckert, Deputy Secretary-General, Paris, France

XVIIIth CONGRESS STEERING COMMITTEE
David V. Snyder, Professor of Law and Director, Business Law Program, American University Washington College of Law (Chair)
Susan L. Karamanian, Associate Dean for International and Comparative Legal Studies, The George Washington University Law School (Vice Chair)
George A. Bermann,Gellhorn Professor of Law & Jean Monnet Professor of European Union Law, Columbia Law School and President, International Academy of Comparative Law
Karen B. Brown, Donald Phillip Rothschild Research Professor of Law, The George Washington University Law School
James V. Feinerman, James M. Morita Professor of Asian Legal Studies; Co-Director, Georgetown Law - Asia, Georgetown University Law Center
Fernanda G. Nicola, Associate Professor, American University Washington College of Law
Mathias Reimann, Hessel E. Yntema Professor of Law, University of Michigan
Franz Werro,Professor of Law, Georgetown University Law Center and Faculté de droit, University of Fribourg (Switzerland)
Jennifer Dabson, Director, Office of Continuing Legal Education, American University Washington College of Law

WITH THANKS TO THE CONGRESS SPONSORS:
Platinum Sponsor
Czech Year Book of International Law/Juris Publishing

Law Firm Receptions
Baker & McKenzie LLP; Covington & Burling LLP; White & Case LLP

Conference Bag
Tray PML

Wednesday Visit to Baltimore
University of Baltimore School of Law

Monday Lunch
Stanford University Law School and the German Law Journal

Please note that changes and updates may be made due to further planning and speaker confirmations, although changes in the schedule will be kept to a minimum.

SUNDAY, JULY 25

2:00pm - 6:30 pm
Ballroom Foyer
Registration and Exhibitors, The Ritz-Carlton
5:30 pm
Shuttle from Hotel lobby to the Opening Reception commences
6:00 pm
Opening Reception, Katzen Arts Center, American University, 4400 Massachusetts Ave., NW
With welcoming remarks by
Claudio Grossman
Dean & Geraldson Scholar, American University Washington College of Law
George A. Bermann
President, International Academy of Comparative Law
Symeon Symeonides
President, American Society of Comparative Law
David V. Snyder
Chair, Steering Committee, XVIIIth International Congress
8:15 pm
Shuttle from Katzen Arts Center to The Ritz-Carlton Hotel commences

9:00 pm
Last bus back to The Ritz-Carlton

MONDAY, JULY 26
All sessions will be at The Ritz-Carlton unless otherwise indicated

7:30 am
Ballroom Foyer
Registration and Exhibitors
8:00 am
Ballroom Foyer
Continental Breakfast
9:00 am
Salons I & II
Opening Plenary: The Role of Comparative Law in Courts and InternationalTribunals
Presenters: Judge Rosemary Barkett, United States Court of Appeals for the Eleventh Circuit; Justice Sabino Cassese, Constitutional Court of Italy; Judge Diego García Sayán, President, Inter-American Court of Human Rights; Carolyn Lamm, White & Case, Washington, D.C., USA and President, American Bar Association; and Judge Bruno Simma, International Court of Justice
Chair:Jürgen Basedow, Secretary-General, International Academy of Comparative Law and Director, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany
10:30 am
Ballroom Foyer
Coffee Break
11:00 am
Salon III
Concurrent Sessions
(1)Legal History and Ethnology (I.A.): Legal Culture and Legal Transplants
General Reporter: Jorge Sánchez Cordero, Director, Mexican Center of Uniform Law, Mexico
Chair: Reinhard Zimmermann, Max Planck Institute forComparative and International Private Law, Hamburg, Germany


Salon I
(2) Civil Law (II.A.): Catastrophic Damages - Liability and Insurance
General Reporter: Pablo Salvador Coderch, Universidad Pompeu Fabra de Barcelona, Spain
Chair: Herman Cousy, Catholic University of Leuven, Belgium

Plaza Ballroom
(3) Penal Law (V.A.): Corporate Criminal Liability
General Reporter: Mark Pieth, University of Basel, Switzerland
Chair: Susan L. Karamanian, The George Washington University Law School, Washington, D.C., USA
12:30 pm

Lunches: Please indicate on your registration form which lunch you plan to attend. Both lunches are open to all registrants.

Salon III

(1) Association of American Law Schools Section on Comparative Law - A Dialogue on Comparative Law in the Curriculum with Abdullahi A. An-Na´im, Charles Howard Candler Professor of Law, Emory University School of Law, Atlanta, Georgia, USA and James Q. Whitman, Ford Foundation Professor of Comparative and Foreign Law, Yale Law School, New Haven, Connecticut, USA. This lunch is cosponsored by Stanford University Law School and the German Law Journal.

Salon I
(2) General Lunch
2:00 pm
Plaza Ballroom
Concurrent Sessions
(1) Civil Law (II.A.): Surrogate Motherhood
General Reporter: Françoise Monéger, University of Paris VIII, France
Chair:Dagmar Coester-Waltjen, University of Göttingen, Germany


Salon I
(2) Computers (VI.): Internet Crimes
General Reporter: Ulrich Sieber, Max Planck Institute for Foreign and International Criminal Law, Freiburg, Germany
Chair: Christine H. Brants-Langeraar, Utrecht University, The Netherlands


Salon III
(3)Special Session:Comparative Approaches to Transparency in Administration of Laws
The requirement that laws be administered in a transparent manner has been a basic tenet of U.S. administrative law since the passage of the United States Administrative Procedure Act in 1946. Over the past sixty-four years, transparency-related provisions such as publication, notice and comment rule making, whistleblower protection, and access to information have increased in number and prominence with the growth of the administrative state.Since the mid-1990s the term transparencyhas been used extensively in connection with the anti-corruption and good-governance initiatives ofinternational financial institutions, the World Trade Organization as well as other regional and multilateral institutions, such as the OECD and theOAS, and donor groups and agencies.Increased transparency of international organizations has also been a rallying cry of civil society groups and other non-state actors. Yet little comparative work addresses the values represented by the concept of transparency. Within legal systems transparency has played and continues to play different roles in legitimating governance in different regions of the world and in democratic and non-democratic states. This panel compares the manner in which actors in various legal systems perceive and implement transparency requirements. The panel also explores how these perceptions and implementations of transparency express differing values and promote different goals.
Presenters:
Susan Rose-Ackerman, Henry R. Luce Professor of Law & Political Science, Yale Law School, New Haven, Connecticut, USA
Padideh Ala´i, Professor of Law, American University Washington College of Law, Washington, D.C., USA
Benedict Kingsbury, Murry and Ida Becker Professor of Law and Director, Institute for International Law and Justice, New York University, New York, USA
Robert Vaughn, Professor of Law and A. Allen King Scholar, American University Washington College of Law, Washington, D.C., USA
Liu Wenjing, Associate Professor of Law, Jinan University Law School, China
3:30 pm
Ballroom Foyer
Coffee Break
4:00 pm
Plaza Ballroom
Concurrent Sessions
(1) Labour Law (III.C.): The Prohibition of Age Discrimination in Labour Relations
General Reporter: Monika Schlachter, University of Trier, Germany
Chair: Xavier Blanc-Jouvan, University of Paris I (Panthéon-Sorbonne),France

Salon I
(2) Civil Procedure (II.C.):Cost and Fee Allocation Rules
General Reporter: Mathias Reimann, University of Michigan Law School, Michigan, USA
Chair: Bénédicte Fauvarque-Cosson, University of Paris II (Panthéon-Assas), France

Salon III
(3) Special Session: Africa - Comparative Private Law and Transitional Social Justice
This panel will address a significant shift in comparative law. The panelists will use an impact analysis of private law reform in addressing issues of transitional social justice, from an African perspective. Such approaches depart from mainstream comparative law about Africa as well as by African comparative lawyers who for five decades after decolonization and World War II were mainly preoccupied with the interaction of received law and customary law in order to accommodate transplantation of international legal regimes into the traditional regimes. During this time, African governments and comparative lawyers working with international agencies carried out law reform programs aiming to harmonize domestic laws with international trade regimes in order to promote economic development as well as human rights and procedural justice. Until recently mainstream comparative law did not seek to understand whether received or newly-formulated private law achieved the normative and distributive outcomes assumed by international law reform projects. This panel will examine past and future reform proposals by addressing indistinctively the results of both transplanted and local norms on property rights, food and safety regulations, commercial investment practices and the extracting industries. This panel approaches transitional social justice problems arising in the African context as spurring from a particular local setting but at the same time using similar forms of legal reasoning and providing analytical insights that lawyers can adopt in the rest of the world.
Presenters:
Rugemeleza Nshala, Harvard Law School, Cambridge, Massachusetts, USA - Economic Partnership Agreements, Food Safety, Trade, and Development -The Extractive Industry - World Bank Regulatory and Tax Reform Programs
Raymond Atuguba, University of Ghana, Faculty of Law, Accra, Ghana - Improving Commercial Investment Practices through Access to Justice Initiatives
Patricia Kameri Mbote, University of Nairobi, Faculty of Law, Kenya - Property Rights, Democracy, and Ethnicity - Private Law and the New Constitutionalism
Ramuald Haule, Dean, Faculty of Law, Ruaha University College, Iringa, Tanzania
Chair:Sylvia W. Kang´ara, University of Washington School of Law, Seattle, Washington, USA
5:30 pm
Adjourn
6:00 pm - 8:00 pm
American Society of International Law Reception,Tillar House, 2223 Massachusetts Avenue, NW. This reception has limited space available. Priority will be given to early registrants and to members of ASIL.

TUESDAY, JULY 27
All sessions will be at The George Washington University Law School, 2000 H Street, NW unless otherwise indicated

7:00 am
Ballroom Foyer
Registration and Exhibitors, The Ritz-Carlton
7:45 am
GWU is within walking distance of The Ritz-Carlton and only limited transport will be provided
8:00 am
Kelly Lounge
Continental Breakfast
9:00 am
Lerner 301
Concurrent Sessions
(1)Private International Law (II.B.):Consumer Protection in International Transactions
General Reporter: Diego Fernández Arroyo, Universidad Complutense de Madrid, Spain
Chair: Spyridon Vrellis, University of Athens, Greece

Lerner 101
(2)Public International Law (IV.A.): International Law in Domestic Systems
General Reporter: Dinah Shelton, The George Washington University Law School,Washington D.C., USA and Member, Inter-American Commission on Human Rights
Chair: Hon. Marek Safjan, Court of Justice of the European Communities, Luxembourg

Lerner 401
(3)Criminal Procedure (V.B.): The Exclusionary Rule
General Reporter: Stephen C. Thaman, Saint Louis University School of Law, Missouri, USA
Chair: Jacques Robert, President,French Center of Comparative Law, Paris, France
10:30 am
Kelly Lounge
Coffee Break

11:00 am
Lerner 401
Concurrent Sessions
(1)Intellectual Property Law (III.B.): Jurisdiction and Applicable Law in Matters of
Intellectual Property
General Reporter: Toshiyuki Kono, Kyushu University, Fukuoka, Japan
Chair: Joost Blom, University of British Columbia, Vancouver, Canada

Lerner 301
(2)Constitutional Law (IV.B.): Constitutional Courts as “Positive Legislators”
General Reporter: Allan R. Brewer-Carías, Central University of Venezuela, Caracas, Venezuela
Chair: Richard Kay,University of Connecticut School of Law, Hartford, Connecticut, USA

(3)Special Session(to take place at The World Bank, ”J” Building (J1-050 Conference Room), 701 18th H Street, NW): Comparative and International Government Procurement Law: Stepping Stones to Reform
Some have called procurement law the "Cinderella" of the law -- the sad and forgotten stepsister of administrative law. No longer. Procurement totals trillions of dollars, pounds and Euros annually, and it has played a central role in the current economic recovery. As procurement systems around the world have come of age, a startling truth has emerged: these systems all share common legal norms, goals -- and problems. And because of its unique role financing billions of dollars in procurement around the world, the World Bank plays a special role in shaping those international norms. This panel of senior policymakers will review the common procurement issues emerging around the world through the prism of ongoing World Bank legal reforms, and will discuss how our shared, comparative experiences can point the way to future progress.
Panel members:
Daniel Gordon, Administrator, U.S. Office of Federal Procurement Policy, The White House, Washington, D.C., USA
Pascale Dubois, Sanctions Evaluation and Suspension Officer, The World Bank, Washington, D.C., USA
Laurence Folliot-Lalliot, Senior Counsel, The World Bank, Washington D.C., USA
(on leave from the University of Paris)
Eli Whitney Debevoise, Arnold & Porter LLP, Washington D.C., USA (former U.S. Executive Director, World Bank)
Christopher Yukins& Steven Schooner, Associate Professors & Co-Directors
Government Procurement Law Program, The George Washington University Law School
12:30 pm
Lerner 401
Lunches
(1)Intellectual Property Breakout Lunch: Christine Haight Farley, American University Washington College of Law, Washington, D.C., USA

Lerner 301
(2)Commercial Law Breakout Lunch: Don Wallace,Professor Emeritus and Adjunct Professor, Georgetown University Law Center, Chairman, International Law Institute, Washington, D.C., USA

Lerner 202
(3)Arbitration Breakout Lunch: Bea Verschraegen, University of Vienna, Austria

Lerner 101
(4)General Lunch
2:00 pm
Lerner 401

Concurrent Sessions
(1)Air and Maritime Law (III.D.): The Law Applicable on the Continental Shelf and in the Exclusive Economic Zone
General Reporter: Moira McConnell, Dalhousie University, Halifax, Canada
Chair: Jürgen Basedow, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany

Lerner 101
(2)Tax Law (IV.E.): Regulation of Corporate Tax Avoidance
General Reporter: Karen B. Brown, The George Washington University Law School, Washington, D.C., USA
Chair: Charles Gustafson, Georgetown University Law Center, Washington, D.C., USA

Lerner 301
(3)Civil Procedure (II.C.): Class Actions
General Reporter: Diego Corapi, Universita di Roma-La Sapienza, Italy
Chair: David Clark, Willamette University College of Law, Salem, Oregon, USA
3:30 pm
Kelly Lounge
Coffee Break
4:00 pm
Lerner 301
Plenary: Islamic Finance and Banking in Comparative Perspective With welcome remarks by Frederick M. Lawrence, Dean, The George Washington University Law School
The session will examine the challenge of maintaining Islamic finance as a workable phenomenon in light of the different legal environments in which it operates. The legal environments range from largely shari´a-based systems to secular ones, and ensuring uniformity is therefore a challenge under such circumstances. The panelists will focus on a range of different issues including jurisprudential considerations, legal practice in various countries, and the common question of whether or not Islamic finance rules and regulations should be standardized in some fashion.
Presenters:
Dr. Kilian Balz, Partner, Amereller Legal Consultants, Cairo, Egypt; Dubai, United Arab Emirates
Frank Vogel, Institution Quraysh for Law and Policy, Cambridge, Massachusetts, USA
Mahmoud El Gamal, Rice University, Houston, Texas, USA
Chair:
Professor Haider Ala Hamoudi, University of Pittsburgh Law School, Pennsylvania, USA
6:00 pm
Kelly Lounge
Reception hosted by The George Washington University Law School
8:00pm
Limited shuttle transportation from The George Washington University Law School to The Ritz-Carlton commences

7:30 pm - 9:00 pm
Lerner 201
American Society of Comparative Law meeting

WEDNESDAY, JULY 28:
SIGHTSEEING DAY
PRIVATE LAW THEORY WORKSHOP

7:00 am
Ballroom Foyer
Registration and Exhibitors, The Ritz-Carlton
8:00 am
Ballroom Foyer
Continental Breakfast

Sightseeing

Depart 8:45 am
(1) Baltimore, to include tour of the harbor, excursion to Fort McHenry, sponsored by the University of Baltimore Law School

Depart 9:30 am
(2) Washington Monuments and Sights via Tourmobile

Depart 9:30 am
(3) Washington via Metro (on own or with local students and residents)

Depart 9:00 am
(4) Mt. Vernon and Old Town Alexandria

Depart 9:00 am
(5) Program at the Law Library of Congress, one of the greatest law libraries in the world (10:00 am-12:00pm). Please meet in hotel lobby
9:00 am - 5:00 pm
Private Law Theory - A Workshop: To be held at American University
Washington College of Law, 4801 Massachusetts Avenue, NW, Room 603
The current crisis of public law, and of the state, has reinvigorated interest in private law and its theory. Scholars from all over the world are invited to share their views and perspectives, so debates that have often been national or regional can be linked and a global perspective may be possible. Our hope is to draw on as many voices and perspectives as possible. We would like to thank participants to provide us with “scraps” to facilitate our conversations. Most of the participants will have a chance to briefly present their ideas in one of the various panels. Participation in the workshop is now CLOSED and please note that you can participate in this event ONLY if you have been included in the program or received permission by the organizers. We envisage a maximum of 50 participants selected on the basis of the work submitted. The meeting will include breakfast, lunch and a small closing reception, please check the program online. For any other detail please contact Cleo Magwaro; cm9631a@student.american.edu. Organizers: Ralf Michaels, Duke University School of Law/Princeton University, USA michaels@law.duke.edu; and Fernanda Nicola, American University Washington College of Law, Washington D.C., USA fnicola@wcl.american.edu.
6:00 pm - 7:30 pm
Law Firm receptions: Please register if you would like to attend a reception at one of Washington´s leading firms. Please note that space is limited
(1) Covington & Burling LLP, 1201 Pennsylvania Avenue, NW (4:00 pm - 6:00 pm)
(2) Baker & McKenzie LLP, 815 Connecticut Avenue, NW (5:30 pm - 7:00 pm)
(3) White & Case LLP, 701 Thirteenth Street, NW (6:00 pm - 8:00 pm)

THURSDAY, JULY 29:
All sessions will be at Georgetown University Law Center, 600 New Jersey Avenue, NW unless otherwise indicated.
Note that the Law Center is not located on the main Georgetown Campus

7:00 am
Ballroom Foyer
Registration and Exhibitors, The Ritz-Carlton
7:30 am
Shuttle from The Ritz Carlton Hotel to Georgetown University Law Center commences
8:00 am
McDonough 2nd Floor Atrium
Continental Breakfast
9:00 am
McDonough 207
Concurrent Sessions
(1)Commercial Law (III.A.):Corporate Governance
General Reporter: Klaus J. Hopt, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany
Chair: Rafael M. Manóvil, M&M Bomchil,Buenos Aires, Argentina

McDonough 206
(2)Public Freedom and Human Rights (IV.C.):Are Human Rights Universal and Binding? Limits of Universalism
General Reporter: Rainer Arnold, University of Regensburg, Germany
Chair: Patrick Glenn, McGill University Faculty of Law, Montréal, Canada

McDonough 202
(3)Special Session: Protection of Privacy Against The Media
The values that underlie the laws defining privacy in Europe and in the United States differ in major ways. In disputes involving private persons, tort law does not protect the same entitlements. The seemingly irreconcilable divide leads to an ideological clash with important cultural and commercial implications, exacerbated by the global outreach of the internet. The panelists in the workshop will investigate the constitutional roots of these differences and explore some of these implications, as they come up in disputes, particularly against the press and internet services providers, who have so far been successful in denying the right of individuals to control and withdraw personal information.
Panelists:
Gert Brüggemeier, Universität Bremen, Germany
Joseph Page, Georgetown University Law Center, Washington, D.C., USA
Markus Schefer, Universität Basel, Switzerland
James Q. Whitman, Yale Law School, New Haven, Connecticut, USA
Chair:Franz Werro, Georgetown University Law Center, Washington D.C., USA; University of Fribourg Law School, Switzerland
10:30 am
McDonough 2nd Floor Atrium
Coffee Break
11:00 am
McDonough 201
Concurrent Sessions
(1)Agrarian and Environmental Law (II.D.):Climate Change and the Law
General Reporter: Erkki Hollo, University of Helsinki, Finland
Chair: David Freestone, The George Washington University Law School, Washington, D.C., USA

McDonough 203
(2)Commercial Law (III.A.):Regulation of Private Equity, Hedge Funds and State Funds
General Reporter: Eddy Wymeersch, European Corporate Governance Institute, Ghent, Belgium
Chair: Richard Buxbaum, University of California, Berkeley School of Law, California, USA

McDonough 206
(3)Constitutional Law (IV.B.):Foreign Voters
General Reporter: Jacques Robert, President,French Center of Comparative Law, Paris, France
Chair: Jamin Raskin, American University Washington College of Law, Washington D.C., USA
12:30 pm
McDonough 202
Lunches
(1)Constitutional Law Breakout Lunch: Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School, Cambridge, Massachusetts, USA

McDonough 201
(2)Environmental Law Breakout Lunch:David Hunter, American University Washington College of Law, Washington, D.C., USA

McDonough 206
(3)Family Law Breakout Lunch:Katharina Boele-Woelki, Utrecht University, The Netherlands

McDonough 207
(4)General Lunch

2:00 pm
McDonough 205
Concurrent Sessions
(1)Commercial Law (III.A.):Financial Leasing and its Unification by UNIDROIT
General Reporter: Herbert Kronke, University of Heidelberg, Germany
Chair: Ergun Özsunay, Istanbul University Faculty of Law, Turkey

McDonough 203
(2)General Legal Theory (I.B.): Religion and the Secular State
General Reporters:
Javier Martínez-Torrón, Universidad Complutense de Madrid, Spain
W. Cole Durham, Jr., Brigham Young University, Provo, Utah, USA
Chair: Dr. Tahir Mahmood, Law Commission of India, Delhi, India

McDonough 202
(3)Special Session: Law & Development
This panel will explore the uses and misuses of comparative law in law and development theory and policy aimed at stimulating economic growth and generating social welfare in developing countries. Comparative law has been at the center of development debates in recent years as scholars and policy-makers advance particular reform agendas justified on comparative legal methodologies. Consider the debate stirred by the “legal origins” theory and its policy translation in the form of the World Bank Doing Business reports urging legal reform. Comparative law has rarely been so relevant and yet, as the debate has shown, the field has gone soul-searching as questions about its appropriate role in development theory and policy abound. Comparative law can offer a country insight into how legal institutions and practices work elsewhere, holding great potential for institutional experimentation and innovation. Yet, it is often used as a technology for regulation, a tool to distill best practices and create indicators uninformed by the social and economic context they are supposed to affect. It is also used as a tool to resist social and economic change, a flag to highlight the exceptionalism of national institutions that ought to be preserved at all costs. Reflecting on their work, panelists will discuss how comparative law can help challenge claims of necessity advanced either in the form of technocratic claims justified on empirical methodology or in the form of exceptionalism claims justified on cultural or national grounds. The goal is to reflect on how comparative legal analysis can illuminate the moral and political choices pinned down on development projects that are presented as necessary or inevitable, and enhance our understanding of existing alternatives.
Panelists:
Bernadette Atuahene, Chicago-Kent College of Law, Illinois, USA
Eleanor Brown, The George Washington University Law School, Washington, D.C, USA
John K.M. Ohnesorge, University of Wisconsin Law School, Wisconsin, USA
Katharina Pistor, Columbia Law School, New York, USA
Chair: Alvaro Santos, Georgetown University Law Center, Washington, D.C., USA
3:30 pm
McDonough 2nd Floor Atrium
Coffee Break

4:00 pm
Hart Auditorium
Plenary: Comparative Constitutional Law and Religion
With welcome remarks by Judith Areen, Interim Dean, Georgetown University Law Center
Presenters:
Mark Tushnet, Harvard Law School, Cambridge, Massachusetts, USA
Ayelet Shachar, University of Toronto Faculty of Law, Canada
Abdullah An-Na´im, Emory University School of Law, Atlanta, Georgia, USA
Chair:Vicki Jackson, Georgetown University Law Center, Washington D.C., USA
6:00 - 7:30 pm
Sports and Fitness Lobby
Reception hosted by Georgetown University Law Center

7:30 pm
Shuttle from Georgetown University to The Ritz-Carlton Hotel commences

FRIDAY, JULY 30:
All sessions will be at American University Washington College of Law, 4801 Massachusetts Avenue, NW unless otherwise indicated

7:00 am
Ballroom Foyer
Registration and Exhibitors, The Ritz-Carlton
7:30 am
Shuttle from The Ritz-Carlton Hotel to Washington College of Law commences
8:00 am
Room 603 Foyer
Continental Breakfast
9:00 am
Room 603
Concurrent Sessions
(1)Commercial Law (III.A.): Insurance Contract Law Between Business Law and
Consumer Protection
General Reporter: Helmut Johannes Heiss, University of Zürich, Switzerland
Chair: Malcolm A. Clarke, University of Cambridge, United Kingdom

Room 601
(2)Civil Law (II.A.): Same-Sex Marriages
General Reporter: Macarena Sáez, American University Washington College of Law, Washington, D.C., USA
Chair: Katharina Boele-Woelki,Utrecht University, The Netherlands

Room 602
(3)Administrative Law (IV.D.): Public-Private Partnerships
General Reporter: François Lichère, University of Aix-en-Provence, France
Chair: Francesca Bignami, The George Washington University Law School, Washington, D.C.,
10:30 am
Room 603 Foyer
Coffee Break
11:00 am
Room 602
Concurrent Sessions
(1)Intellectual Property Law (III.B.): Balance of Copyright
General Reporter: Reto M. Hilty, Max Planck Institute for Intellectual Property, Competition and Tax Law, Munich, Germany
Chair: Marybeth Peters, United States Register of Copyrights, Washington, D.C., USA

Room 601
(2)Public International Law (IV.A.): The Protection of Foreign Investment
General Reporter: Wen Hua Shan, Xi´an Jiaotong University, China
Chair: Meg Kinnear,Secretary General, International Centre for Settlement of Investment Disputes (ICSCID), Washington, D.C., USA

Room 603
(3)Special Session: Critical Directions in Comparative Family Law
Today family law is surprisingly at the center of comparative law inquiries. Comparative family law projects range from harmonization proposals in the West to law and development ones in the rest of the world, whereby family law regimes have important consequences for economic development. The most salient reforms over abortion, same-sex marriage, transsexual rights and gender violence are increasingly promoted at the transnational levelthrough international human rights and notions of gender equality. Regional and international human rights tribunals in Europe and Latin America are called upon to interpret the right to family life, non-discrimination and immigration law to redefine the contours of domestic family law regimes. While lawyers are increasingly involved in shaping these transnational family law projects, they present their choices as reflecting an objective, apolitical and scientific knowledge committed to propose the “best” family law regime while obscuring ideological and distributive implications of adopting one particular family law regime rather than another. This panel offers some critical insights aiming to question the current direction of the field of comparative family law with a particular focus on Latin America, Asia, the Middle East, Africa, Europe and United States.
Presenters:
Isabel Jaramillo, University of Los Andes, Bogotá, Colombia
Philomila Tsoukala, Georgetown University Law Center, Washington D.C., USA
Sylvia Kang´ara, University of Washington School of Law, Seattle, Washington , USA
Teemu Ruskola, Emory Law School, Atlanta, Georgia, USA
Fernanda Nicola, American University Washington College of Law Washington, D.C., USA
Chair:Janet Halley, Harvard Law School, Cambridge, Massachusetts, USA
12:30 pm
6th Floor Student Lounges
Luncheon
Introduction: Claudio Grossman, American University Washington College of Law, Washington, D.C.
Address:Hon. Ruth Bader Ginsburg, Justice, Supreme Court of the United States
Comments:Miguel Maduro, Professor and Director, Global Governance Programme, European University Institute and former Advocate General at the European Court of Justice

2:00 pm
Room 602
Concurrent Sessions
(1)Legal Education (I.D.): The Role of Practice in Legal Education
General Reporter: Richard Wilson, American University Washington College of Law, Washington, D.C., USA
Chair: Antonio Gambaro, University of Milan, Italy

Room 601
(2)Private International Law (II.B.): Recent Private International Law Codifications
General Reporter: Symeon Symeonides, Willamette University College of Law, Salem, Oregon, USA
Chair: Jürgen Basedow, Max Planck Institute for Comparative and International Private Law, Hamburg, Germany

Room 603
(3)Special Session: Latin America - Comparative Legal Interpretation
This panel will address the varied contemporary modes of participating and intervening in the political-interpretive contests within countries in the region. Beyond simple positive law descriptions, the panel will focus on comparativist methodologies, routinely employed in interpretive arenas. More traditionally, comparative legal work has taught us that public law in Latin America is chiefly the domain of U.S. legal influence; while private law has been the province of European influence. The panelists will explore these commonly held beliefs. Additionally, the panel will consider how comparative scholarship outside the region contributes to specific comparativist interpretive techniques within national legal-political struggles in Latin America. Overall, the panel will present a rather complex picture of legal interpretation and meaning-making, as produced in the region.
Presenters:
Ronaldo Macedo, Fundação Gétulio Vargas, São Paulo, Brazil
Imer Benjamín Flores Mendoza, Universidad Nacional Autónoma de México (UNAM), Mexico City, Mexico
Raquel Yrigoyen Fajardo, Instituto Internacional del Derecho y Sociedad, Lima, Peru
Jorge Gonzalez Jacome, Universidad Javeriana, Bogota, Colombia
Chair: Jorge L. Esquirol, Florida International University College of Law, Miami, Florida, USA

3:30 pm
Coffee Break

4:00 pm
Room 603
Plenary: The Prohibition Against Torture and Cultural Relativism
Convention against Torture Article 1:

1. For the purposes of this Convention, the term "torture" means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

2. This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.


The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment was adopted by the United Nations General Assembly on December 10, 1984. The Convention has been broadly ratified, to date by 146 countries around the world. The definition of torture under Article 1 of the Convention includes both subjective and objective elements. The analysis of the pain and suffering inflicted on an individual is taken in light of the characteristics of the individual, which gauge whether the individual has experienced ‘severe´ pain or suffering. Mental suffering may also rise to a level of severity that would qualify as torture. The subjective nature of such an analysis is heightened because mental suffering is inherently contingent upon the sensibilities of an individual, and those treatments that would result in the degree of pain or suffering required to constitute torture. An individual´s cultural heritage is an important part of his or her sensibilities and as such may be a factor in the determination of whether a given treatment can be considered torture in a particular case. This panel will analyze to what extent the cultural heritage of an individual may have bearing on analyzing whether acts constitute torture. The panel will also examine to what extent space exists for cultural relativism in this context. Invited speakers represent a variety of diverse legal traditions.
Presenters:
Elizabeth Abi-Mershed, Deputy Executive Secretary, Inter-American Commission on Human Rights, Washington, D.C. , USA
Professor Felipe González, Universidad Diego Portales, Santiago, Chile
Professor Michelo Hansungule, University of Pretoria, South Africa
Dr. Aya Kuwayama, Doctorate in Law, Part-time Research Fellow, Ryukoku University, Kyoto, Japan (invited)
Professor Fernando Mariño Menéndez, Carlos III University, Madrid, Spain
Dean Makau Matua, Dean, University at Buffalo Law School, The State University of New York, New York, USA
Chair: Claudio Grossman, Dean and Raymond Geraldson Scholar for International and Humanitarian Law, American University Washington College of Law, Washington, D.C., USA

6:00 pm - 7:30 pm
1st Floor Lobby
Reception hosted by American University Washington College of Law

7:30 pm
Shuttle from Washington College of Law to The Ritz-Carlton Hotel commences

SATURDAY, JULY 31:
All sessions will be at The Ritz-Carlton Hotel unless otherwise indicated

7:00 am
Ballroom Foyer
Registration, The Ritz-Carlton
8:00 am
Ballroom Foyer
Continental Breakfast
9:00 am
Concurrent Sessions
Salon III
(1)Comparative Law and Unification of Laws (I.C.): Complexity of Transnational Sources
General Reporter: Silvia Ferreri, University of Turin, Turin, Italy
Chair: J.H.M. van Erp, University of Maastricht, Maastricht, The Netherlands

Salons I & II
(2)Public Freedoms and Human Rights (IV.C.): Plurality of Political Opinion and the
Concentration of the Media
General Reporter: Allen P. Grunes, Brownstein Hyatt Farber Schreck, Washington, D.C., USA
Chair: John C. Reitz, University of Iowa College of Law, Iowa City, Iowa, USA
10:30 am
Ballroom Foyer
Coffee Break
11:00 am
Salons I & II
Closing plenary: Comparative Law: Problems and Prospects
In the closing plenary of the congress, eminent comparatists will offer thoughts on the future of the field as they take a clear-eyed look at the most salient challenges to the discipline. Over the years, and particularly in the last decade, comparative law has been criticized for excessive doctrinalism, shuttered attitudes to interdisciplinary inquiry, timidity in approaching broad gauge study, as well as tendencies to superficiality, triviality, obscurantism, and exoticization—not to mention claims of ultimate irrelevance. Although most of the time most comparatists comfortably refute the criticisms and return to work, sometimes potent doubts surface even during earnest and rigorous comparative research. This panel includes speakers of diverse training, experience, and perspective, with concentrations ranging variously through social science, humanism, and Islamic law, as well as traditional comparative law. They will identify the problems they find most worrisome and will offer thoughts on the most productive way to take these criticisms into account and to move forward productively in our discipline.

Presenters:
George A. Bermann, Jean Monnet Professor in EU Law and Walter Gellhorn Professor of Law, Columbia Law School, New York, USA and President, International Academy of Comparative Law
Hon. Nicholas Kasirer, Justice, Court of Appeal of Quebec and Former Dean of the Faculty of Law, McGill University, Canada
Kim Lane Scheppele, Laurance S. Rockefeller Professor of Sociology and Public Affairs, Woodrow Wilson School, Princeton University, New Jersey, USA
Amr Shalakany, Associate Professor of Law, American University in Cairo, Egypt
Elisabeth Zoller, Professor of Public Law, University of Paris II (Panthéon-Assas), France

Moderator: David V. Snyder, Professor of Law, American University Washington College of Law, Washington D.C., USA
2:00 pm - 3:30 pm
Faculty Conference Center/Burns 505
IACL Business Meeting, The George Washington University Law School (within walking distance of The Ritz-Carlton)
6:00 pm
Shuttle from The Ritz-Carlton Hotel to the Organization of American States commences

6:30 - 10:00 pm
Closing BanquetOrganization of American States, 17th Street/Constitution Avenue NW
Introduction: James V. Feinerman, M. Morita Professor of Asian Legal Studies and Co-Director, Georgetown Law-Asia, Georgetown University Law Center, Washington, D.C., USA
Address: Jerome Alan Cohen, Professor of Law, New York University School of
Law; Senior Fellow for Asia, Council on Foreign Relations; Of Counsel,
Paul Weiss, Rifkind, Wharton & Garrison, New York, USA

9:45 pm
Shuttle from the Organization of American States to The Ritz-Carlton Hotel commences