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Moderated by
Bob Schieffer
Chief Washington Correspondent, CBS News;
Anchor, CBS News' “Face the Nation”
Panelists
The Honorable Kurt Campbell
Assistant Secretary of State for East Asia and the Pacific
Richard McGregor
Washington Bureau Chief, Financial Times;
Author, The Party: The Secret World of China's Communist Rulers
Christopher K. Johnson
Senior Adviser and Freeman Chair in China Studies, CSIS
csis.org/event/schieffer-series-chinas-leadership-transit...
Moderated by
Bob Schieffer
Chief Washington Correspondent, CBS News;
Anchor, CBS News’ “Face the Nation”
Panelists:
-Thomas L. Friedman
Pulitzer Prize–winning Author and Columnist, New York Times
-Margaret Brennan
State Department Correspondent, CBS News
-Gerald F. Seib
Washington Bureau Chief, The Wall Street Journal
Author, Capitol Journal columnist
The Center for Strategic and International Studies (CSIS) and TCU’s Schieffer School of Journalism invite you to the next session of The CSIS-Schieffer Series Dialogues
Made possible with support from the Stavros Niarchos Foundation
on
Foreign Policy Challenges for President Obama’s Second Term
Moderated by
Bob Schieffer
Chief Washington Correspondent, CBS News;
Anchor, CBS News' “Face the Nation”
Panelists
The Honorable Kurt Campbell
Assistant Secretary of State for East Asia and the Pacific
Richard McGregor
Washington Bureau Chief, Financial Times;
Author, The Party: The Secret World of China's Communist Rulers
Christopher K. Johnson
Senior Adviser and Freeman Chair in China Studies, CSIS
csis.org/event/schieffer-series-chinas-leadership-transit...
Moderated High-Level Policy Session 6
Bridging digital divides/ Digital economy and trade/ Financing for development and role of ICT ©ITU/I.Wood
Moderated High-Level Policy Session 5
Building confidence and security in the use of ICTs
© ITU/ R.Farrell
“Towards A Social Stock Exchange” Moderated by Peter Wheeler, Chair, Futurebuilders. Muhammad Yunus, Founder, Grameen, Ron Grzywinski, Co-founder, ShoreBank Corporation, and Celso Grecco, President, Atitude. Experiments with one investment approach or another are good. But we will need new processes of exchange if their use is to grow and lever significant new resources for social change. Different models of social stock exchange offer one such mechanism – but how could they work?
Moderated High-Level Policy Session 6
Bridging digital divides/ Digital economy and trade/ Financing for development and role of ICT ©ITU/I.Wood
Uncommon Remedies in International Dispute
By Hansel Pham
Professor Frédéric Sourgens of the Washburn University School of Law moderated a timely and engaging panel on “Uncommon Remedies in International Dispute Resolution.” He was joined by panelists: (1) Isabel Fernández de la Cuesta, King & Spaulding; (2) Elizabeth Whitsitt, University of Calgary Faculty of Law; (3) James Upcher, Volterra Fietta; (4) Jarrod Wong, McGeorge School of Law, University of the Pacific; (5) Jennifer Gorskie, Chaffetz Lindsey; and (6) Carmen Martinez, Covington & Burling.
Throughout the discussion, Professor Sourgens posed a series of questions focusing primarily on the issues of interim measures and moral damages in international dispute resolution. The panelists responded, sometimes taking positions purposefully to be provocative or to encourage debate amongst the panel and audience.
Professor Sourgens began by asking the panel whether tribunals have the power to order, rather than merely recommend, interim relief. Elizabeth Whitsitt noted that there has been a shift in thinking towards the position that adjudicative bodies have power to grant interim relief because of their inherent jurisdiction over the dispute. Jennifer Gorskie commented that Article 30 of the Draft Articles of State Responsibility, which requires states to cease international wrongful acts, cannot be a basis for interim relief because that would be prejudging the dispute. Instead, Ms. Gorskie noted that the primary basis for interim relief should be a desire to preserve the status of parties during the arbitral proceeding.
Jarrod Wong noted that, in many cases, one need not resort to customary international law to identify the basis for interim measures – most arbitral rules explicitly allow the tribunals to issue interim measures. Thus, the justification for interim measures in those cases arise from the consent of the parties. James Upcher also observed the need to take into consideration the effect of cross-pollination among international dispute resolution institutions. For example, the ICJ’s decision in LaGrand suggesting that interim measures are binding has carried over into other realms of international dispute resolution.
Professor Sourgens then queried what should be the consequences of refusing to abide by an order of interim measures relief and whether a tribunal could take into account non-compliance with such an order at the merits stage. Elizabeth Whitsitt took the position that a tribunal could not take non-compliance into account at the merits stage, because international dispute resolution does not look to the intention of a state. Non-compliance would be better addressed at the damages stage. Both Jarrod Wong and Carmen Martinez argued that if non-compliance resulted in additional harm, then the prejudiced party could recover additional damages. Carmen Martinez also suggested that non-compliance with an order of interim measures could be an independent breach of the fair and equitable treatment standard as this would be a violation of the investor’s legitimate expectations. Indeed, Isabel Fernández de la Cuesta noted that many BITS contain provisions requiring states to comply with an award, and the failure to comply with an award would be a breach of those provisions.
Professor Sourgens also asked the panel whether moral damages were meant to compensatory or punitive. Jarrod Wong noted that there was a long history of viewing moral damages as being purely compensatory, dating back at least to the Lusitania case and more recently being enshrined in the ILC Articles of State Responsibility.
Jennifer Gorskie pointed out that, although the origin of moral damages was compensation, tribunals increasingly were treating them more as punitive relief. This can be shown by the few decisions regarding moral damages that focus on the fault and egregious behavior of the State. It appears that the primary purpose of such damage awards was deterrence and punishment, not compensation. This is particularly clear in cases where the damage awards were “made up out of thin air” and not tied to any quantifiable measures of loss. She also noted that awarding damages for conduct such as physical detention was beginning to cross the line into human rights violations or torts, and not treaty breach.
Carmen Martinez took the position that such conduct could be seen as a breach of the treaty’s substantive protections of non-impairment and non-interference with legitimate expectations. After all, if a windfall tax could be considered an impairment amount to a treaty violation, how could it be that physical detention would not be an impairment under the treaty.
These are but a small selection of the provocative questions and insightful exchanges from this panel. Professor Sourgens is soliciting written submissions from the panelists on this topic, which no doubt would be of interest to many in the field of international dispute resolution.
Hansel Pham is a Partner in the Washington, DC office of White & Case specializing in international investment arbitration.
Moderated High-Level Policy Session 6
Bridging digital divides/ Digital economy and trade/ Financing for development and role of ICT ©ITU/I.Wood
we doing water crossing
Visit this location at BLUE LAGOON NATURIST ESTATE, Thunder Lake-Moderate in Second Life
Moderated by
Bob Schieffer
Chief Washington Correspondent, CBS News;
Anchor, CBS News' “Face the Nation”
Panelists
The Honorable Kurt Campbell
Assistant Secretary of State for East Asia and the Pacific
Richard McGregor
Washington Bureau Chief, Financial Times;
Author, The Party: The Secret World of China's Communist Rulers
Christopher K. Johnson
Senior Adviser and Freeman Chair in China Studies, CSIS
csis.org/event/schieffer-series-chinas-leadership-transit...
Moderate though with distinct enthusiasms. 45074 at Derby plus young trainspotter (not me, I was 16) in that hot summer of 1976. I was making my way north for a first ever visit to Galloway and I was already a long way from my Burwell home travelling on my own.
Moderate risk area for Northern Missouri and Southern Iowa this afternoon, so we headed north when I got off work unexpectedly early. Ran into this nice little rotating storm which was severe thunderstorm warned at the time but the mesocyclone didn't have enough sheer under it to do anything. Crazy rainfall amounts from these cells though.
6-3-14
Bethany, MO
Moderated by
Bob Schieffer
Chief Washington Correspondent, CBS News;
Anchor, CBS News’ “Face the Nation”
Panelists:
-Thomas L. Friedman
Pulitzer Prize–winning Author and Columnist, New York Times
-Margaret Brennan
State Department Correspondent, CBS News
-Gerald F. Seib
Washington Bureau Chief, The Wall Street Journal
Author, Capitol Journal columnist
The Center for Strategic and International Studies (CSIS) and TCU’s Schieffer School of Journalism invite you to the next session of The CSIS-Schieffer Series Dialogues
Made possible with support from the Stavros Niarchos Foundation
on
Foreign Policy Challenges for President Obama’s Second Term
Moderated High-level Policy Session 7: Building confidence and security in the use of ICTs
From left to right:
Mr. Pavan Duggal, Founder and Chairman, International Commission on Cyber Security Law
Ms. Doreen Bogdan-Martin, Strategic Planning and Membership Department
©ITU/A.Mhadhbi
Moderated High-Level Policy Session 6
Bridging digital divides/ Digital economy and trade/ Financing for development and role of ICT ©ITU/I.Wood
Kieran Ring, CEO, Global Institute of Logistics moderating during the Roundtable session: Governance of the maritime supply chain at the International Transport Forum’s 2017 Summit on “Governance of Transport” in Leipzig, Germany on 31 May 2017.
BBC's Nik Gowing (R) moderates a panel L-R that include Mohamed Najib Boulif (L), Minister of General Affairs and Governance for Morocco; Haruhiko Juroda (2nd L), President of ADB; IMF Managing Director Christine Lagarde (C); Kristalina Georgieva (2nd R), the EU Commissioner for International Cooperation; Ilyas Moussa Dawaleh (R), Minister of Finance for Djibouti after they toured the earthquake damaged city of Sendai during a visit October 10, 2012 in Japan. Lagarde is in Japan to attend the Annual IMF/World Bank Meetings which are being held this year in Tokyo through the week. IMF Staff Photograph/Stephen Jaffe