“The Biden administration changed U.S. trade policy significantly when it adopted a “worker-centered” trade policy that justified entering into “frameworks” and not trade agreements. That policy didn’t win many accolades from the trade crowd. Many critics felt that it forewent critical opportunities by refusing to discuss market access in new trade contexts. Without getting into that debate, this post discusses whether the Biden administration’s worker-centered trade policy – and notably, use of that policy under the United States-Mexico-Canada Agreement (USMCA) Facility-Specific Rapid-Response Labor Mechanism (RRM) – will outlive the administration.
I think it will, but it will look different. And some, including labor rights advocates like myself, might prefer the Trump administration’s approach.”
LeClercq joined the University of Georgia School of Law in 2024 as an assistant professor. She teaches International Trade and Workers Rights, International Labor Law, International Law, U.S. Labor Law and the International Law Colloquium. She also serves as a faculty co-director of the Dean Rusk International Law Center and as the faculty adviser for the Georgia Journal of International and Comparative Law.
University of Georgia School of Law Professor Assaf Harpaz presented his draft paper “Global Tax Wars in the Digital Era” at the University of Alabama School of Law as part of the Junior/Senior SEC Workshop.
Below is an abstract of the paper:
Current debates in international taxation often center on how to fairly allocate taxing rights among different jurisdictions. When an enterprise earns income abroad, the country of residence (where the taxpayer resides) and the country of source (where income is generated) have legitimate, competing claims to tax that income. The question is further complicated in a digital economy where profit shifting practices are abundant and businesses no longer require a physical presence in the location of their online consumers.
The international tax system has traditionally favored residence-based taxation. Now, international taxation is at a crossroads with intergovernmental organizations battling to redefine the principles of cross-border taxation. The regime has been dominated by the Global North through the Organisation for Economic Co-operation and Development (OECD), which has drawn backlash due to its undemocratic procedure and unfavorable outputs for developing countries. The United Nations has held a relatively peripheral role in global tax governance, which is poised to change with an upcoming UN Framework Convention on International Tax Cooperation – an initiative overwhelmingly supported by developing countries.
This article explores the “tax wars” surrounding the leadership for global tax governance, contrasting the taxing powers and interests of the OECD-led Global North with those of the UN-backed Global South. It highlights the distortive outcomes created by outdated international tax principles and argues for a shift toward source-based taxation. To do so, it proposes revisiting the permanent establishment standard in model treaty language, creating an opportunity for broader taxation of business profits in the source country. This transition will address longstanding disparities and is increasingly warranted in a digital economy that does not rely on physical presence.
Assaf Harpaz joined University of Georgia School of Law as an assistant professor in summer 2024 and teaches classes in federal income tax and business taxation. Harpaz’s scholarly focus lies in international taxation, with an emphasis on the intersection of taxation and digitalization. He explores the tax challenges of the digital economy and the ways to adapt 20th-century tax laws to modern business practices.
University of Georgia School of Law Professor Diane Marie Amann recently gave a public lecture entitled “Child-Taking: Unlawful Transfer plus Identity Alteration, in Ukraine and Beyond,” at the University of Reading School of Law in Reading, United Kingdom, as part of that law school’s Global Law at Reading (GLAR) lecture series.
Her presentation drew upon her just-published article, “Child-Taking,” 45 Michigan Journal of International Law 305 (2024).
Amann is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and a Faculty Co-Director of our Dean Rusk International Law Center here at Georgia Law. This fall, she is spending a research-intensive semester in the United Kingdom, where she is a Research Visitor at the Oxford Faculty of Law Bonavero Institute of Human Rights and Visiting Fellow at Exeter College Oxford.
Today, we welcome a guest post by John “Jack” Buckelew, a member of the University of Georgia School of Law class of 2025. Jack is the fifth Georgia Law student to participate in a semester-long international externship and the first recipient of a grant from the Halle Foundation to support his externship in Germany. The semester-long externships overseas initiative is an extension of the Center’s existing Global Externships Overseas and is offered jointly between the Center and the law school’s Clinical and Experiential Program. Jack’s post describes his experience as a legal extern with Weickmann, an intellectual property firm in Munich, Germany, where he works under Georgia Law alumnus Dr. Udo W. Herberth (LL.M., ’96). Dr. Herberth heads the firm’s Trademark and Design group.
Working in Munich for the past two months has been a deeply transformative experience, shifting my professional outlook in surprising ways. I began this experience feeling a little burned out. The first two years of law school are notoriously challenging, and somewhere along that arduous road I lost sight of the many reasons that I decided to go to law school. At the end of my 2L summer, I had many doubts in my mind about whether life in a law firm after graduation would reinvigorate my previously held excitement towards being an attorney. But these past two months abroad have shown me the unique freedoms and possibilities that come with a career in law, and my view towards the future is now much more optimistic.
BITMA
Three weeks into my stay in Munich, my office hosted one of its biggest events of the year– the annual Bavarian International Trademark Association Conference (BITMA). The annual conference is a relatively new idea created by my supervisor at Weickmann, Dr. Udo Herberth. He developed the idea at the height of the COVID pandemic as an opportunity for colleagues to connect in-person. Now, attorneys travel from around the world– this year from 20 different countries– to participate in this conference.
Because the IP practice is so international, these attorneys have a vested interest in (1) establishing business relationships with attorneys around the world and (2) learning about the substantive differences of the IP practice in different countries. BITMA was only a two-day event, but those two 48 hours were packed with activities. BITMA kicked off with a day full of instructional presentations where attorneys spoke about novel issues of trademark law in their home countries. Then, participants enjoyed a long meal at a traditional Bavarian restaurant in downtown Munich. The next day, we resumed presentations and then headed back into town to join the rest of the city in celebrating the first weekend of Oktoberfest.
I personally had the chance to talk to over 20 different attorneys about their career paths, their current practice, and what they enjoyed most about their lives as attorneys. The experience was not only extremely informative but also very fun, and I was able to expand my professional network. I honestly feel like the connections I made in that environment will go a lot farther than any meeting in a formal setting ever could. An attorney from France gave me her personal phone number and told me to text her for restaurant recommendations if I’m ever in Paris; another attorney from Cologne told me I could stay on his couch if I ever wanted to visit him; and an attorney from Beijing broke into tears as he shared the importance of finding a good mentor at the start of a career. All of this happened as we danced and sang in our traditional Bavarian clothing. Attending BITMA was an experience to remember.
Substantive Work and Life in Munich
BITMA may have been the highlight of my externship so far, but my day-to-day work has also been extremely engaging. One feature of the job that I have particularly enjoyed is the vast range of substantive issues I am able to work on at Weickmann. On my first day, I worked on a design patent for a grill tray; later, a position trademark for bike sprocket; then, the naming rights for a brand of hiking shoes; and now, I am working on the design for coffee mug sleeve that prevents users from burning their hands. Each of these clients comes from an entirely different industry, all bringing their own creative innovations to the market and seeking protection from our firm. My work is limited to trademarks and designs, but I often have lunch with other attorneys in the firm who work on patents, and the range of products there is arguably even greater. They also work to protect innovation, but at a more technical level. It can be really educational to talk with these patent attorneys just because they are such experts in their given fields. Whether that be physics, chemistry, mechanical engineering, or something else, it is fascinating to hear them break complex technical processes into simple explanations that a non-expert like me can understand.
I have also been enjoying life in Munich outside of work. For example, I am able ride my bike to the office every day, despite living on the opposite side of town from my firm. Aside from my daily commute, I can often walk to get where I need to go, whether that be a friend’s apartment, a nearby plaza, or a neighborhood grocery store. Being able to move around the city this way has been extremely enjoyable and improves my daily satisfaction in a way that is hard to overstate.
One of the most important revelations I’ve had concerning life in Munich is that this city is a real option for me to live in someday. I think I was always aware of the possibility of working internationally as an attorney, but I never considered it as a concrete option in the way I do now. In the past two months I have worked with attorneys in our office who are from all over the world, including Romania, South Korea, Italy, Brazil, China, France, and Ukraine. Seeing people from around the world work together in this office has moved the prospect of working abroad to the front of my mind.
This experience has been rich and rewarding each step of the way. When I arrived in Munich two months ago, I was feeling burned out with law school. Now, I feel like I have the world ahead of me. The world feels bigger; the potential life and career paths ahead feel more numerous. Above all, my time here in Munich has reinvigorated the excitement of finding a career path and a place to live in life. I wholeheartedly recommend the experience to any prospective student looking for a chance to see what life as an attorney looks like in another part of the world.
Christopher M. Bruner is the Stembler Family Distinguished Professor in Business Law at the University of Georgia School of Law and serves as a faculty co-director of the Dean Rusk International Law Center.
Attendees included 3Ls Gloria Maria Correa, Madison Graham, and Tiffany Torchia, and Masters of Laws (LL.M.) students Dzmitry Liasovich, Zulma Perez, Christian Schneider, and Fabienne Taller. Graham was one of 5 students selected to serve as a Student Ambassador for the event. All seven students received a Louis B. Sohn Professional Development Fellowship to support their attendance of this conference. Awarded by the law school’s Dean Rusk International Law Center, Sohn Fellowships enable students to attend professional development opportunities related to international law.
International law faces an existential threat as history unfolds at unprecedented speed worldwide. Indeed, international law and international institutions at times appear incapable of protecting vulnerable persons against war, disease, hunger, exploitation, climate change, and other human and natural catastrophes. Some people–both individually and collectively–are openly eschewing legal values and frameworks in order to pursue results through other means, including dangerous and destabilizing ones. Is international law, in fact, powerless or does it remain a source of power that vulnerable persons can utilize to protect and advance their rights and interests? This year’s ILW is focused on engaged, interactive, and inclusive discussions about how international law can transcend perceptions and misperceptions of its powerlessness and fulfill its aspirations of balancing power through principles of justice, equality, and dignity.
Reflecting on the overall takeaways from the conference, Graham said:
As a student, this conference re-instilled the importance of the research process to me…I was reminded of how important it is to immerse yourself in the big ideas that other people are considering, learning about their work. Even in topics we may already be familiar with, there will always be someone who knows more – or, at the very least, is considering new angles. Put another way, I think conferences like this are integral to ensuring we are continuing to push the mental boundaries we inadvertently place on ourselves when we get into routines and habits of regular school and work lives. Conferences like these help us stay curious, and accordingly, help us re-examine what the law is capable of moving forward.
In describing the ways in which this experience benefitted her professionally, Perez said:
ABILA ILW 2024 was an extraordinary experience on many levels. Personally, I had the opportunity to connect with other professionals and leaders in the legal industry, reinforcing the valuable education I am receiving at Georgia Law by sharing insights with other attendees. Academically and professionally, it sparked my interest about some subjects that I hadn’t previously explored, and I am eager to explore further and apply this knowledge in my career. I now have a clearer understanding of how public and private sectors interact in a various issue, and I can see the professional opportunities that arise from this collaboration.
When asked about her favorite panel from the conference, Correa explained:
My favorite panel discussion was “Arbitrating with International Organizations” because the topic was completely novel to me. The panel discussed some relevant provisions on the International Law Commission’s work on “settlement of disputes to which international organizations are parties,” the practice of arbitral institutions like the Permanent Court of Arbitration, and how arbitration could be a useful tool to overcome barriers like immunity in disputes with international organizations.
To read prior posts about Georgia Law students using Sohn Fellowships to attend professional development opportunities, please click here and here.
University of Georgia School of Law Professor Diane Marie Amann participated last week in “How to Write Feminist Histories of International Law,” the first in a seven-session online seminar series entitled “Thinking Gender, History & International Law” hosted by the University of Warwick School of Law in Coventry, England.
Also joining in the conversation were: Professor Maria Drakopoulou, University of Kent Law School; Professor Gina Heathcote, Newcastle University Law School; Professor Aoife O’Donoghue, Queen’s University Belfast School of Law; and the seminar’s organizers, Dr. Paola Zichi and Dr. Aisel Omarova, both at Warwick Law.
Topics discussed included: what it means to apply feminist approaches to the history of international law; whether and how feminist viewpoints may enhance the writing of history; and what are the relations among feminist values, historical research, and theory or philosophy. (Register for future seminar sessions here.)
Amann, who has several publications broaching such issues, is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and a Faculty Co-Director of our Dean Rusk International Law Center here at Georgia Law. This fall, she is spending a research-intensive semester in the United Kingdom, where she is a Research Visitor at the Oxford Faculty of Law Bonavero Institute of Human Rights and Visiting Fellow at Exeter College Oxford.
During the week of November 18, the University of Georgia School of Law will host events during the lunch hour to highlight International Education Week (IEW) 2024. IEW is a joint initiative between the U.S. Department of State and the U.S. Department of Education that promotes programs that prepare Americans for a global environment and attract future leaders from abroad to study, learn, and exchange experiences.
All events will take place from 12-1pm, unless noted below. Exact locations can be found in the event hyperlinks. The events for the week are as follows:
This event will allow 1Ls and 2Ls to have one-on-one discussions with their peers who have completed both summer and semester-long Global Externships Overseas (GEO). GEOs are work placements around the world that offer law students the opportunity to gain practical knowledge and legal experience in an international setting. Students present will include:
Georgia Law alumnus and adjunct professor Dr. Kannan Rajarathinam will discuss his recently published book, The DMK Years: Ascent, Descent, Survival (India Viking, 2024). The DMK Years tells the story of how India’s democracy has accommodated the cultural nationalist aspirations of the Tamils. The conversation will be co-facilitated by Professor Laura Phillips-Sawyer of Georgia Law and Dr. Laura Zimmermann of the School of Public and International Affairs.
Tuesday, November 19: Unlocking Your Global Legal Career: Discover the Dean Rusk International Law Center at UGA Law
Join the University of Georgia School of Law’s Admissions team for an informative webinar on the Dean Rusk International Law Center. Learn about the center’s unique offerings, including global externships, study abroad programs, and student experiences. Hear directly from Sarah Quinn, Director of the Dean Rusk International Law Center, Assistant Director of Admissions and Student Experience Diana DeJesus, and current law students Tiffany Torchia (J.D. 2025) and Benjamin Privitera (J.D. 2026). This webinar will provide valuable insights into the application process and how to pursue a global legal career.
Join the International Law Society for a brown bag lunch with Desirée LeClercq. LeClercq joined the University of Georgia School of Law in 2024 as an assistant professor. She teaches International Trade and Workers Rights, International Labor Law, International Law and U.S. Labor Law. She also serves as a faculty co-director of the Dean Rusk International Law Center and as the faculty adviser for the Georgia Journal of International and Comparative Law.
This event will offer perspectives on the importance of international experience on a law student’s resume and how to market that during the interview process. Featuring a panel of current students, recent grads, and career development professionals, this event will prepare you for taking part in one of the law school’s international opportunities.
Join current Master of Laws (LL.M.) students from Iran for a panel discussion about their experiences as women lawyers. The panel will include Sara Dorbahani and Paria Keramatkhah and will be moderated by Dr. Laura Kagel, Director of International Professional Education.
LeClercq’s article reviews two books that examine trade and labor rights, the development of the United States-Mexico-Canada Agreement (USMCA) and the Rapid Response Mechanism.
Below is an excerpt from the article:
Over the past decade, trade lawyers and legal researchers have had to take a crash course in international labor law and the so-called ‘sustainable development’ framework. Trade bans across the Atlantic punish governments and corporations for engaging in forced labor. The European Union (EU) recently revised its trade agenda to ensure that commitments to trade agreements with sustainable development provisions are enforceable through sanctions. The United States adopted a ‘worker-centered’ trade policy foregrounding international labor law, the International Labor Organization (ILO), and conceptions of workplace democracy, choice, and voice. The trade and labor linkage, long the source of dispute, is apparently with us to stay, with its attendant implications for trade, political relationships, and international economic law. Namely, who establishes the rules? Governments? International organizations? Civil society? And who decides whether and how those rules are violated?
LeClercq joined the University of Georgia School of Law in 2024 as an assistant professor. She teaches International Trade and Workers Rights, International Labor Law, International Law and U.S. Labor Law. She also serves as a faculty co-director of the Dean Rusk International Law Center and as the faculty adviser for the Georgia Journal of International and Comparative Law.
Attendees included 3L Jacob Wood and Master of Laws (LL.M.) students Sara Dorbahani, Michael Faleye, Paria Keramatkhah, Neethu James, Fatemeh Khouei, Samuel Kuo, and Zulma Perez. Five of these students (Wood, Dorbahani, Faleye, Keramatkhah, and Khouei) received Louis B. Sohn Professional Development Fellowships to support their attendance of this conference. Awarded by the law school’s Dean Rusk International Law Center, Sohn Fellowships enable students to attend professional development opportunities related to international law.
Conference attendees attended a number of talks and events designed for practitioners and students involved in international arbitration, including the ICC Young Arbitration & ADR Forum, the AtlAS Young Practitioners Group, networking lunches, and panel discussions. Georgia Law Dean Peter B. “Bo” Rutledge led a fireside chat with alumnus and current President of AtlAS, Christof Siefarth (LL.M. ’86).
Reflecting on the variety of panels and speakers in attendance, Keramatkhah said:
My favorite [discussion] was the panel on the “Top 10 Developments in Arbitration” and Dean Rutledge’s speech. This panel covered key trends in international arbitration, such as the rise of the Borneo Arbitration Center, and UNCITRAL procedural amendments. It also highlighted the growing importance of the new IBA Rules of Disclosure and updates to the 1996 English Arbitration Act. Differences between US and European arbitration were discussed, particularly in witness handling, cross-examination, and the judge’s role. I found this panel very interesting as it was very helpful in understanding the current and future challenges of arbitration. As it regards Dean Rutledge’s speech, since I was involved in [the] research of his speech, I appreciated that it provided deep insights into dispute resolution.
In describing the ways in which this experience benefitted him professionally, Wood said:
Attending the AtlAS conference reaffirmed my desire to practice in the field of international arbitration and aided in my pursuit of this goal. I was able to meet and converse with a variety of practitioners and arbitrators from across the globe.
When asked about her favorite moment from the conference, Dorbahani explained:
One of the standout sessions delved into the art of writing for a multicultural audience. As international arbitration becomes more diverse, mastering the nuances of cross-cultural legal advocacy is vital. It emphasizes how language can either clarify or complicate arbitration across borders. Coming from a Civil Law background, I found this especially relevant, as it highlighted the delicate balance needed to communicate effectively in a global legal landscape.
To read prior posts about Georgia Law students using Sohn Fellowships to attend professional development opportunities, please click here and here.
exchange of notes 