University of Georgia School of Law Visiting Researcher Mine Turhan took part in the Spring 2024 Faculty Colloquium Series last month. Her presentation, “Right to be Heard in Administrative Procedure,” was the third of six talks this semester.
Turhan’s project at Georgia Law focuses on procedural due process rights, in particular the right to be heard before administrative agencies. Her talk began by describing the fundamentals of this right, followed by her findings about this right in comparative law, specifically focusing on the U.S. and EU countries. The final third of Turhan’s presentation looked at the right to be heard in Turkish law.
In addition to Turhan, this semester’s colloquium series includes Anne Tucker, Alyse Bertenthal, Alex Klass, Rachel Barkow, and Libby Adler. The series provides a forum for provocative and innovative legal scholarship and gives our law faculty the opportunity to collaborate on current legal research, exchange ideas and foster relationships with other institutions. It is made possible through the Kirbo Trust Endowed Faculty Enhancement Fund and the Talmadge Law Faculty Fund.
Turhan’s research is supported by a fellowship from the Scientific and Technological Research Council of Türkiye (TÜBİTAK) within the scope of the International Postdoctoral Research Fellowship Program. She is sponsored as a Visiting Research Scholar by Georgia Law Professor David E. Shipley, the Georgia Athletic Association Professor in Law. Her visit continues our Center’s long tradition of hosting scholars and researchers whose work touches on issues of international, comparative, or transnational law. Details and an online application to become a visiting scholar here.
Professor Diane Marie Amann recently presented her research on “Child-Taking” as a guest lecturer in a course on the Russo-Ukrainian War taught at Yale University this semester. Students from Yale’s law school, management school, and school of global affairs comprise the class, which is taught by Yale Law Professor Eugene R. Fidell and Margaret M. Donovan.
Amann is Regents’ Professor of International Law, Emily & Ernest Chair in International Law, and Faculty Co-Director of the Dean Rusk International Law Center here at the University of Georgia School of Law. She writes and teaches in areas including child and human rights, constitutional law, transnational and international criminal law, and global legal history.
Amann’s online guest lecture drew from her article, “Child-Taking,” soon to be published in the Michigan Journal of International Law. (Preprint draft available at SSRN.) As Amann theorizes it, child-taking occurs when a state or similarly powerful entity abducts children from their community and then endeavors to remake the children in its own image. This conduct, involving children taken from Ukraine, lies at the heart of the International Criminal Court warrants pending against President Vladimir Putin and another top Russian official. The article also examines other examples of the phenomenon, including the Nazis’ kidnappings of non-German children during World War II and the forced placement of Indigenous children into boarding schools in North America, Australia, and elsewhere.
Amann also has presented this scholarship at meetings of the American Society of International Law and at University College London Faculty of Laws and King’s College London Department of War Studies.
This month marks63 years since President John F. Kennedy established the United States Peace Corps.Three members of the University of Georgia School of Law community share about their service as Peace Corps volunteers and how their international experiences through the agency impact the work they do for the law school today.
Since President John F. Kennedy established the Peace Corps on March 1, 1961 to promote world peace and friendship, more than 240,000 Americans have served the United States and countries around the globe as volunteers– including three who currently work at the University of Georgia School of Law. Below, Sarah Ehlers, Georgia McPeak, and Sarah Quinn reflect on their work in the Peace Corps and the connections between their time abroad and the work that they do for Georgia Law.
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Sarah Elhers, a clinic paralegal and Spanish interpreter for the Wilson Family Justice Clinic, the Community Health Law Partnership (HeLP) Clinic and the Business Law Clinic, served in Honduras from 1993-1995 as a health education volunteer. She worked with midwives and village health workers in an effort to reduce infant mortality. As a volunteer, Sarah received intensive language and cultural training that enabled her to work effectively in her host community. The Spanish language abilities that she honed in the Peace Corps continue to serve her in her work with Georgia Law.
My Peace Corps service led me to my current job as a bilingual paralegal/Spanish interpreter for the law school clinics not only because of my language skills but also due to my continued interest in serving as a bridge between communities. I feel very lucky that over 30 years later, my experience is still relevant!
Georgia McPeak, grants coordinator, served in Mali, West Africa (specifically, village of Sogolonbougou in the Koulikoro Region) from 1987-1990 as an Appropriate Technology Extension Agent. Generally, she helped local communities protect, conserve, and manage their natural resources. More specifically, she taught people how to build, operate, maintain, and repair fuel efficient cook stoves and bread ovens, water treadle pumps, and solar food dryers.
Everything I have done since I completed my Peace Corps service has been a direct result of having been a volunteer. Being in the Peace Corps helped me get accepted to graduate school, and getting my master’s degree helped launch my career in humanitarian relief. Working in humanitarian relief settings took me back to Africa and other places including Eastern Europe, Central America, and the Caribbean. A large part of my work overseas involved developing, writing, securing, and managing grants to assist refugees and internally displaced people. The experience I had managing grants is what eventually led to my position here at the law school as the Grants Coordinator. For me, Peace Corps was an incredibly formative and positive life-changing experience.
Sarah Quinn, director of the Dean Rusk International Law Center, served in Tameslouht, Morocco from 2011-2014 as a Youth Development volunteer. She was assigned a local dar chabab, or youth center, through the agency’s partnership with the Moroccan Ministry of Youth and Sports. There, she taught English to high school students and local association members, including a group of artisans. Sarah worked on several secondary projects throughout her service, including with Tameslouht’s first group of women artisans, and volunteering through a local non-profit focused on gender equity and girls’ empowerment.
My experience living and working abroad completely changed my worldview. Through the Peace Corps, I was able to learn the language, culture, and history of Morocco through the process of integrating into a rural community of about 6,000 people. While working with artisans and with a non-profit focused on girls empowerment, I saw firsthand how American foreign policy has the potential to positively impact communities and individuals on the ground in other countries– or completely miss the mark. The experience removed my ability to see things in a black and white binary, and I am now much more attuned to the shades of grey imparted by factors like cultural context and history. I also learned a new language, applied for (and received) my first grants, and made lifelong friends who continue to challenge and shape my understanding of current events around the world. My biggest takeaway from my Peace Corps experience is that more Americans need the opportunity to have transformative international experiences. It is because of this belief that I began working in the field of international education, and it is why I am so passionate about my current work encouraging law students to globalize their legal education.
Coastal U.S. states, including many that have opposed proactive U.S. climate policies, are contemplating entrance into the supply side of the international carbon credit markets by, among other things, hosting revenue-generating blue carbon projects on their submerged lands. The voluntary carbon credit markets already facilitate private investment in such activities, and the emerging Paris Agreement Article 6 framework is poised to generate investment interest at the national level as well. Reviewing these trends, this Perspective questions whether this is good climate, environmental, and social policy, and advises further oversight and accountability.
Orford joined the University of Georgia School of Law in the fall of 2021. His interdisciplinary research investigates legal and policy approaches to environmental protection, human health and wellbeing, and deep decarbonization of the United States economy. He also participates in collaborative research initiatives across UGA, including as the lead of the Georgia element of the National Zoning Atlas and as a participant in ongoing investigations into the legal, political, environmental and social dimensions of new energy manufacturing and emerging carbon removal technologies.
Kalyani Ramnath, Assistant Professor in the Department of History at the Franklin College of Arts & Sciences and Assistant Professor (by courtesy) at the University of Georgia School of Law, recently discussed her first book (detailed in previous post here) at an event organized by the Dean Rusk International Law Center. Joining Ramnath in conversation about Boats in a Storm: Law, Migration, and Decolonization in South and Southeast Asia, 1942–1962 (Stanford University Press, 2023) were Diane Marie Amann, Regents’ Professor, Emily & Ernest Woodruff Chair in International Law, and Co-Director of the Dean Rusk International Law Center, and Laura Phillips-Sawyer, Jane W. Wilson Associate Professor in Business Law.
Drawing on archival materials from India, Sri Lanka, Myanmar, London, and Singapore, Kalyani Ramnath narrates how former migrants battled legal requirements to revive prewar circulations of credit, capital, and labor, in a postwar context of rising ethno-nationalisms that accused migrants of stealing jobs and hoarding land. Ultimately, Ramnath shows how decolonization was marked not only by shipwrecked empires and nation-states assembled and ordered from the debris of imperial collapse, but also by these forgotten stories of wartime displacements, their unintended consequences, and long afterlives.
Ramnath received her Ph.D. in history from Princeton University in 2018, and was a Prize Fellow in Economics, History, and Politics at the Center for History and Economics at Harvard University from 2018 – 2021. She also holds a bachelor’s degree in arts and law (B.A., LL.B. (Hons.) (JD equivalent) from the National Law School of India University (NLSIU) and a master’s degree in law (LL.M.) from the Yale Law School.
University of Georgia School of Law 2L Madison L. Graham was featured in National Juristregarding her experience studying abroad. During her 1L summer in 2023, Graham participated in both the Global Governance Summer School and the Global Externships Overseas initiative, administered by the Dean Rusk International Law Center. She reflects on her experiences in the National Jurist article titled “Studying Abroad Can Be Life Changing” written by Trevor Mason and published in the magazine’s Winter 2024 edition.
Graham discusses the impact of participating in international opportunities as a law student. Graham began her summer with the Global Governance Summer School, a 10-day study abroad presented through a partnership between Georgia Law and KU Leuven’s Centre for Global Governance Studies through which students study in Belgium and the Netherlands:
“As someone already interested in international law, it was really special to see other people who didn’t think that they were interested in it start to challenge their own perspectives, start to realize how ‘international’ law pervades domestic practice, and the scope of international opportunities that exist in the American legal context.
Also, I think it is really important for American law students to recognize and remember that there is an entire world out there handling the same legal challenges we are, and often in a different way.
To have the opportunity to learn from specialists in the field, and step into the courts and government offices of the legal systems we spend semesters learning about, was an incredible opportunity. Getting to do all of that and make new friends along the way was an experience I could not be more thankful for.
The opportunities it provides from an educational and professional perspective are unlike ones I have seen at any other law school, and something every student should consider doing.”
Upon completion of Global Governance Summer School, Graham started a legal externship placement at Van Bael & Bellis through the Global Externships Overseas initiative. Georgia Law alumni David Hull (J.D., ’83) and Porter Elliott (J.D., ’96) facilitate placements and supervise law students at this Brussels-based firm. Van Bael & Bellis specializes in domestic Belgian law matters, mergers and acquisitions, and focuses heavily on EU competition law, EU data privacy, and international trade law. Graham’s summer work focused on the latter three categories, assisting senior associates and partners prepare client memos, regulatory updates, research new EU and US legislation, and proofreading legal documents as a native-English speaker.
“Being challenged to understand a new law-making process helped me not only adapt my research skills to be able to learn what I need to about a ‘foreign’ legal framework, but also better understand effects on US legislative process and domestic policy, generally. Further, I was fortunate to be in a firm with lawyers from 20 different countries, so I was constantly being exposed to different ideas, cultural norms, problem-solving approaches, and even legal backgrounds (given those people that were coming from Civil Law-based countries).
My GEO helped me solidify and reaffirm my aspirations about possibly working abroad if I get the opportunity, and hopefully working in a public sector position. Further, though, it helped me improve my skills researching laws and regulations from other countries and legislative systems, which will benefit me no matter what international-law-focused position I could possibly end up in.
This experience also built my confidence in being able to move to a new place, make new friends, and succeed in a new professional environment. That is a big step for a lot of people post-grad, so having a trial period in an exceptionally new environment is a great trial experience and confidence booster. I also think that anytime you can work around people with that many different personal, cultural, and educational experiences will humble you in the very best way, by forcing you to challenge your preconceived notions about the world. I have always appreciated that challenge, but it’s so easy to forget. This summer was a great reminder and time of reflection for me, and one I think every law student needs.”
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To learn more about international opportunities at the University of Georgia School of Law, visit our website here.
One of the Dean Rusk International Law Center’s Visiting Researchers for 2023, Daesun Kim, Esq., recently concluded his research year at the University of Georgia School of Law under the supervision of Associate Dean for Academic Affairs & J. Alton Hosch Professor of LawKent Barnett. Below are some of Kim’s reflections on his research findings regarding the impact of the Covid-19 pandemic on foreign investment projects in Vietnam and his overall experienceat Georgia Law.
As a Korean legal professional with a U.S. law license, providing legal services for cross-border transactions in Vietnam has exposed me to myriad challenges stemming from legal, cultural, and linguistic disparities. My research at the University of Georgia School of Law’s Dean Rusk International Law Center focused on a comparative legal analysis of the material adverse impact of the Covid-19 pandemic on foreign investment projects in Vietnam. Throughout various project milestones, such as providing legal due diligence reports, offering second-party legal opinions or lender’s legal opinions to enhance project credibility, negotiating contracts, addressing implementation stage issues, and handling disputes, clients, especially those from the U.S. and Korea, increasingly seek insights from a common law perspective. However, providing clear answers to their queries has proven challenging, leading to a collective impasse when practitioners convene and even causing a temporary standstill when representing clients in local courts or arbitration panels.
As expected, Vietnam, alongside other Southeast Asian nations, is witnessing a surge in investors seeking a new production base, mirroring the rise of a second China. Notably, the country has rapidly ascended as a crucial player in the global value chain, boasting well-established production infrastructure in sectors like electronics, automotive, batteries, and textiles.
Over the past 15 years, global enterprises from the United States, South Korea, Germany, Japan, Australia, Russia, and the United Kingdom have established a significant presence in Vietnam. The competition is particularly intense among nations like Korea, Japan, and Singapore, vying for the top spots in foreign direct investment. Cities like Ho Chi Minh and Hanoi host numerous Korean law firms and accounting firms handling the legal and tax aspects of business operations, reflecting the growing interest and investment in the region.
Recent analyses underscore the evolving opportunities and risks faced by Vietnam due to the rapid escalation of global tensions, the rollback of globalization, and shifts in the global value chain, all intricately connected. Investors are increasingly scrutinizing the status and evaluation of supply chains, encompassing not only their subsidiaries but also their suppliers, considering comprehensive assessments, including human rights and environmental considerations. Moreover, challenges in obtaining approval for international arbitration decisions from Vietnamese courts and the lack of clear legal grounds in judgment documents contribute to the complexities faced by international investors, emphasizing the need for thorough preparation within the local legal system.
Reflecting on my experience entering the Vietnamese legal landscape seven years ago to contribute to cross-border M&A deals, I vividly recall the unfamiliarity of concepts commonplace in legally advanced countries like the U.S., Korea, Singapore, or Hong Kong. Tasks involved explaining and bridging the gap in understanding with local counterparts and regulatory authorities, presenting both a formidable and rewarding aspect of the work. Issues such as (i) offshore loans using stand-by LCs issued by local banks as a security for foreign-owned companies with a 51% or more stake in Vietnam, (ii) the issuance of perpetual bonds by foreign-invested enterprises, (iii) the feasibility of establishing a security on the residual assets of the mortgagor, (iv) issuance of a business license for the E-wallet of a payment gateway company, (v) whether a local Vietnamese company can provide its listed shares as collateral for the repayment of mezzanine debts, such as convertible bonds, when issuing to foreign-based private equity funds, and so on presented novel challenges requiring creative problem-solving beyond conventional legal education.
In addition, navigating through intricacies like land-use rights instead of ownership, foreign ownership restrictions in certain business sectors, and unique political and legal constraints became part of the routine. For instance, (i) when a foreign-invested company in Vietnam receives an offshore loan from a foreign lender to cover operational expenses, addressing issues related to the establishment of land use rights as collateral on the commercial & residential building complex owned by the company for loan repayment, and (ii) in cases where Vietnamese securities laws impose foreign investment ownership percentage limits on public and private companies, determining whether the same constraints apply unconditionally when issuing preference shares or dividend preference shares during repayment.
As foreign lawyers practicing in Vietnam and other developing nations provide legal services for foreign investors, a dynamic daily routine must be anticipated. Challenges range from the use of Vietnamese as the primary legal language, reliance on local lawyers proficient in the language, to the heavy reliance on the skills of local attorneys in drafting contracts and legal documents in the local language.
Despite the inherent difficulties and challenges, Vietnam remains a nation full of promise. With an ever-changing legal landscape, an influx of substantial investments amounting to approximately 36.61 billion USD in 2023, and a population characterized by a significant youth demographic and high domestic purchasing power, Vietnam stands as a beacon of development. As I encounter and contribute to these advancements daily, I am determined not to lose sight of the pride associated with making small but meaningful contributions to Vietnam’s progress.
Having spent the past year as a visiting researcher at the Dean Rusk International Law Center, I have observed the legal dynamics of the world’s leading nation, the United States, and the pivotal role it plays in international law. The experience has further amplified the stark differences in language, nationality, culture, and legal knowledge encountered during my legal practice in Vietnam. Notably, the U.S. legal system’s meticulous handling of the Covid-19 pandemic through clear precedents and statutes provides a stark contrast to the legal landscape in Vietnam, instilling hope for a future where such advanced legal systems and accumulated experiences emerge in developing countries like Vietnam.
I express my deepest gratitude to all those who have facilitated my research period at the Dean Rusk International Law Center. I am sincerely thankful to every individual involved for their consideration in providing me the opportunity to conduct research at this prestigious hub of international law. During my brief stay, I have sensed the scholarly dedication, efforts, support, and contributions of the faculty, scholars, and staff here. Thanks to their collective endeavors, practitioners like myself can find solid academic foundations in international law, enabling us to deliver comprehensive legal services to our clients.
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Daesun Kim, Esq., was one of the four 2023-2024 Visiting Researchers at the Dean Rusk International Law Center. Kim is a foreign attorney practicing law in Vietnam who specializes in cross-border M&A, foreign investment, and public-private partnerships (PPP), with a focus on construction & real estate development projects and mezzanine project financing in Southeast Asian countries. He primarily represents Korean corporate clients and common-law jurisdiction clients (Singapore, Hong Kong, USA) investing inbound in Vietnam. He is a member of the International Construction & Energy Law Society, South Korea, and the Chartered Institute of Arbitrators. Previously, Kim worked at top-tier Korean firms such as Shin & Kim LLC and Yulchon LLC, representing Korean PEFs, conglomerates, banks, construction/engineering contractors, and developers in outbound investment. He also worked as in-house counsel at POSCO E&C, where he was in charge of contentious and non-contentious legal services encompassing overseas engineering, procurement, and construction works in power plants, oil & gas refinery plants, steel-making projects, project financing, and related international arbitration disputes.
Read more about the University of Georgia School of Law’s Visiting Researcher initiative here.
Johnson discussed how being in law school during 9/11 galvanized his interest in national security law. After graduation, he moved to DC and was able to gain experience in a wide variety of national security and cybersecurity leadership roles. His work in these national security and intelligence communities, in the regulatory arena, and in the Executive Branch now inform his advocacy to improve the efficiency of government-industry collaboration. Johnson stated that we are at an inflection point: incredible breakthroughs in technology and connectivity have the potential to solve the grand challenges of our time, but, as large holders of data, they can pose dangers to our freedoms.
Johnson was most recently the senior adviser for cybersecurity and technology at the U.S. Department of Commerce, where he coordinated the department’s cybersecurity initiatives and support for the Commission on Enhancing National Cybersecurity. He was also the department’s representative for National Security Council staff deliberations on cybersecurity, encryption, and other policy issues at the intersection of technology and security. Previously, Johnson was appointed by the Federal Communications Commission (FCC) chairman as the FCC’s first chief counsel for cybersecurity. In that position, he helped develop the FCC’s cybersecurity mission, focusing on creating new legal mechanisms for government collaboration with private sector stakeholders to improve the security and reliability of communications infrastructure. He was also the primary drafter of the charter for the Cybersecurity Forum for Independent and Executive Branch Regulators, a coordinating body of regulatory agencies presently chaired by the FCC. Prior to his time at the FCC, Johnson was Senator John D. Rockefeller IV’s designated counsel on the Senate Intelligence Committee and counsel for defense, foreign policy, and international trade. In those roles, he was a leading staffer on bipartisan Senate cybersecurity initiatives and the primary staff drafter of the legislation that codified the National Institute of Standards and Technology’s collaborative process to work with industry to develop and update the Cybersecurity Framework.
Before his government service, Johnson worked for a major Washington-based law firm, where he practiced in the areas of international trade, defense, and security. Earlier, he served as a U.S. Army officer in Germany, Korea, and the Balkans. He is a graduate of the University of Georgia School of Law, where he was editor-in-chief of the Georgia Journal of International and Comparative Law, and he received a master of science degree in international relations from the London School of Economics and Political Science. He received his bachelor’s degree from Harvard University, where he graduated cum laude, cross-enrolled at the Massachusetts Institute of Technology for service as executive officer of its Army ROTC Paul Revere Battalion.
Moderated by Thomas Streinz and featuring panelists Adele Barzelay, Nathalie Smuha, and Yirong Sun, the panel addressed Artificial Intelligence, specifically the challenges and importance of regulatory schemes that address the risks associated with AI.
As stated by Krivuts:
“…the uncontrolled usage of AI technologies poses numerous risks to users, governments, and society at large. However, when subjected to appropriate regulations, the use of AI may be beneficial. In today’s world, we can observe how AI technologies have already permeated various aspects of our lives, much like the invention of the internet reshaped the course of human progress decades ago. Therefore, to ensure the effective, and more importantly, safe utilization of AI technologies, international organizations and foreign nations should collaborate in the development of comprehensive AI regulations.”
Krivuts attended ABILA’s ILW along with 7 other Georgia Law students through the support of Louis B. Sohn Professional Development stipends, detailed in a prior post (here). Krivuts’ full blog post can be accessed here.
exchange of notes 