Christopher M. Bruner, Stembler Family Distinguished Professor in Business Law and Faculty Co-Director of the Dean Rusk International Law Center, presented his working paper, “Prospects for a US Value Chain Due Diligence Law,” at a conference hosted by Tilburg Law School in the Netherlands titled “Connecting Responsible Organizations: Legal Strategies for Sustainability in Global Value Chains.”
Bruner participated in the panel titled “Sustainable corporate governance and tax transparency.” The conference, hosted by Tilburg’s Department of Private, Business & Labour Law, aimed to provide a platform for legal experts to discuss environmental and social sustainability challenges in global value chains.
Prior posts on Bruner’s scholarship can be found here.
As posted previously, speakers representing a diverse range of doctrinal, institutional, and jurisdictional perspectives gathered on October 16 to discuss the array of contemporary ESG and corporate sustainability initiatives, mapping this rapidly evolving global landscape and engaging with the host of complex international and comparative legal challenges they raise.
Keynoting the conference was University of Pennsylvania Carey School of Law Professor Jill E. Fisch, Saul A. Fox Distinguished Professor of Business Law; Co-Director, Institute for Law & Economics.
The video links are as follows:
Introduction and Panel 1: ESG and Sustainable Finance, with Usha Rodrigues, University Professor and M.E. Kilpatrick Chair of Corporate Finance and Securities Law, University of Georgia School of Law; George S. Georgiev, Associate Professor of Law, Emory University School of Law; Virginia Harper Ho, Professor of Law, City University of Hong Kong; Stephen Park, Associate Professor of Business Law and Satell Fellow in Corporate Social Responsibility, University of Connecticut School of Business; and Anne Tucker, Professor of Law, Georgia State University College of Law.
Panel 2: Corporate Law, Corporate Governance and Sustainability, with Christopher M. Bruner, Stembler Family Distinguished Professor in Business Law and Faculty Co-Director of the Dean Rusk International Law Center, University of Georgia School of Law; Matthew T. Bodie, Robins Kaplan Professor of Law, University of Minnesota Law School; Andrew Johnston, Professor of Company Law and Corporate Governance, University of Warwick School of Law; Lindsay Sain Jones, Assistant Professor, University of Georgia Terry College of Business; and Omari Scott Simmons, Professor of Law, George Washington University Law School.
Panel 3: Multinational Corporations and Global Value Chains, with Harlan G. Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of the Dean Rusk International Law Center, University of Georgia School of Law (and the GJICL’s Faculty Advisor); Sarah Dadush, Professor of Law, Rutgers Law School; David Hess, Professor of Business Law and Business Ethics, University of Michigan Stephen M. Ross School of Business; Kish Parella, Class of 1960 Professor of Ethics and Law, Washington and Lee University School of Law; and Jaakko Salminen, Associate Senior Lecturer, Department of Law, Lund University.
Keynote Addressby Jill E. Fisch, Saul A. Fox Distinguished Professor of Business Law and Co-Director of the Institute for Law and Economics, University of Pennsylvania Carey Law School
This event was cosponsored by the Dean Rusk International Law Center.
Director of GreenCo SA and National University of the South professor Eduardo Conghos (LL.M., ’98) spoke to students at the University of Georgia School of Law last week about environmental law in Argentina and the effects of “constitutional greening” in Latin America. The conversation was moderated by Adam D. Orford, Assistant Professor of Law.
Conghos provided students with historic context for environmental legal developments in Latin America, tracing the global period of “constitutional greening” that stretched from the 1970s through the 90s. Over these two decades, 14 of the 20 countries in Latin America encoded environmental considerations and protections into law. Some common characteristics included protection of natural resources, wildlife, and protected natural areas; a right to the environment; and a right to public participation in environmental processes. Despite these strong constitutional protections for the environment, Conghos noted that the lack of statutory laws created tension between judicial rulings in favor of environmental protection and consistent implementation and oversight of environmental regulations. He used the 2007 Argentinian Supreme Court decision, Mendoza, Beatriz Silvia et al. v. National Government et al. about damages (damages derived from the environmental pollution of the Matanza Riachuelo River) and the rulings that followed it to illustrate this conflict. Students asked Conghos about the reality of the private sector being able to adapt to new environmental regulations and whether arbitration would be the appropriate way to address some of these issues.
Conghos is an environmental lawyer, consultant, and professor based in Buenos Aires, Argentina. He is currently the Director of GreenCo S.A., an environmental consulting business that provides services to both public and private institutions. Conghos is also professor at the National University of the South in Buenos Aires, where he has worked in several faculty positions since 1999. His specialties include environmental legislation and environmental training, skills that he has honed over several decades of experience in both the public and private sectors in Argentina. Dr. Conghos received his LL.M. from the University of Georgia School of Law in 1998, as well as postgraduate degrees from the University of Salamanca, the National University of the South, the University of San Andres, and Buenos Aires University.
University of Georgia School of Law alumnus Dr. Kannan Rajarathinam (LL.M., ’88) spoke to students last week about the future of the United Nations in a multipolar world in a lecture entitled, “The UN at a Crossroads.”
Rajarathinam used his decades of experience working at the UN to frame his central question of what lies ahead for the international organization. Founded in 1945, the UN’s main focus over the past 80 years has remained the same: to provide all nations with the opportunity to work together to find shared solutions to shared challenges. From supporting refugees to providing food and vaccines globally, the UN has many ongoing campaigns that realize this vision.
One area where he felt the UN had been particularly successful is in building awareness of and consensus around the global challenge of climate change. He noted that the UN has led over twenty conferences on climate change, and, as a direct result of their commitment to this topic, climate security is a top concern for many western nations. Although there is still much work to be done, Rajarathinam stated that shared solutions, like a fund being developed to aid the Global South in managing the disproportionately-felt effects of climate change and technology-sharing to establish renewable energy systems worldwide, are more likely to find consensus due to the inclusive design of the UN.
There are many challenges to the UN’s role in the new multipolar landscape, including the emergence of regionally-focused forums like BRICS and the G20, international development initiatives like China’s Belt and Road Initiative, and ongoing conflicts like Russia’s invasion of Ukraine and the Israel-Hamas war. Rajarathinam believes that the ability of the UN to offer all 193 Member States from India to Nauru an equal vote is its main strength in withstanding this contemporary power shift. He concluded his talk by observing that, now that we are entering into a multipolar global landscape, no one country has the ability to control history anymore – and that, as a result, the world will be more colorful.
After his afternoon lecture, Rajarathinam met with current LL.M. students to discuss his career in the UN. Students shared their backgrounds and professional aspirations and were able to get advice from Rajarathinam and his wife, Usha.
Rajarathinam recently retired after nearly three decades of UN peace keeping and political work in the former Yugoslavia, Cyprus, Afghanistan, Iraq, Sudan and Somalia. Prior to the UN, he briefly practiced and taught law in India. A commentator of international and political affairs in India, he is the author of two political biographies of Indian leaders and his next work, on the political history of his state of Tamil Nadu in India is due next summer.
Today we welcome a guest post by Meredith Williams, a member of the University of Georgia School of Law Class of 2024. Meredith is one of several UGA Law students to participate in a semester-long international externship, a pilot extension of our existing Global Externships Overseas initiative. This pilot is a joint initiative between the Dean Rusk International Law Center and the law school’s Clinical and Experiential Program. Meredith’s post describes her experience attending an international convention as part of her externship.
I am spending the fall semester of my 3L year working as a legal extern with Weickmann, an intellectual property law firm located in Munich, Germany. I work under Dr. Udo W. Herberth (LL.M., ’96), who heads the firm’s brands and designs group.
A highlight of my global externship thus far has been attending the second annual Bavarian International Trademark Association (“BITMA”) convention, which Dr. Herberth founded. The conference took place over two days, during which I met trademark and patent attorneys from fourteen different countries. On the first day, attorneys from each country presented on the topics of 1) use and 2) jurisdiction.
My externship and this conference in particular have crystalized for me how intellectual property is an increasingly international area of law. Many clients and companies wish to register, maintain, and prevent infringement of their trademarks in more than one country; yet, there are nuanced and important distinctions between different jurisdictions’ requirements and timelines. In a field of law where adding value to a brand is crucial, it is important to be aware of these differences and stay on top of deadlines.
I enjoyed learning from the diverse group of individuals at the BITMA conference. For example, a topic I found compelling was the question of translation of trademark languages. In Canada, the Quebec charter regarding French language has been amended. Attorneys at the conference suggested this will have an impact on trademarks because the French portion of the mark must be twice the size, yet the entire trademark need not be translated. For example, in Quebec, an Apple store could display a large “Le Magasin” before “Apple,” and not have to translate “Apple” into “Pomme.” Further, in Japan, there are four different scripts, which create even more nuance to registering a word mark. These evaluations go into much more detail than we had time to cover during the conference, but it has piqued my interest as something I had never thought about living in the English-dominant US.
Another aspect of the BITMA conference that I enjoyed was the balance between personal and professional. The group of 25 of us shared many meals, watched the traditional Bavarian parade for the opening weekend of Oktoberfest, and eventually made our way to the festivities. While the substantive knowledge I acquired from this group is important, I also learned a lot from interacting with everyone on a personal level. Dr. Herberth fostered a warm and supportive atmosphere throughout the convention. This type of collegial experience served as a reminder that there is value in getting to know colleagues as people outside of work. The BITMA group treated me as an equal and were interested in my path and life. It reminded me that I want to lend a helping hand to law students and those in the early stages of their careers as I progress through mine.
I look forward to the second half of my semester working at Weickmann. I thank UGA Law for leaving such a lasting, positive impression on Dr. Herberth; it is for this reason that he was incentivized to provide educational experiences for UGA Law students like myself, and it is also why I know that I, too, want to provide this type of experience to a UGA Law student one day.
This year’s annual conference of the Georgia Journal of International and Comparative Law will address “ESG and Corporate Sustainability: Global Perspectives on Regulatory Reform.” Featured will be a keynote discussion by Jill E. Fisch, the Saul A. Fox Distinguished Professor of Business Law and Co-Director of the Institute for Law and Economics at the University of Pennsylvania Carey Law School, as well as panels including more than a dozen experts from around the world.
The daylong conference will take place on Monday, October 16, in the Larry Walker Room of Dean Rusk Hall at the University of Georgia School of Law.
Sponsoring along with GJICL, a student-edited journal established more than 50 years ago, is the law school’s Dean Rusk International Law Center. GJICL Editor in Chief, 3L Jack Schlafly, worked with Professor Christopher M. Bruner, who is the Stembler Family Distinguished Professor in Business Law and a newly appointed Faculty Co-Director of the Dean Rusk International Law Center; Center staff Sarah Quinn, Interim Director; Catrina Martin, Global Practice Preparation Assistant; and with the GJICL’s Faculty Advisor, Professor Harlan Grant Cohen, who is Gabriel M. Wilner/UGA Foundation Professor in International Law and one of the Center’s Faculty Co-Directors.
Below is the concept note of the conference:
We live in an era marked by complex and interconnected environmental, social, and economic crises, including climate change and various forms of destabilizing inequalities. Efforts to grapple with these realities are rapidly evolving and taking shape through a host of private and public institutions, both domestically and internationally, and an array of novel reform efforts aim to curb harmful corporate practices that have contributed to such crises.
Global asset managers have increasingly prioritized “environmental, social, and governance” (ESG) factors – emphasizing their relation to investment risk and investment return – and have taken up existing tools available to them through corporate law, securities regulation, and capital market structures to push for change. Meanwhile, various types of domestic regulatory reforms have been adopted, or are under consideration, in jurisdictions around the world to promote “corporate sustainability,” understood to include environmental, social, and economic dimensions. Some reform initiatives focus on disclosure, reflecting confidence that investors, consumers, and other constituencies armed with sufficient information could differentiate between sustainable and unsustainable companies, and that these private actors would effectively reward the former and punish the latter. Other reform initiatives take more direct aim at decision-making incentives of managers and investors alike, through corporate governance structures creating novel – and potentially powerful – liability regimes intended to force both domestic and multinational businesses to internalize costs that would otherwise be externalized to society and the environment. At the same time, a host of international organizations have sought to promote ESG and corporate sustainability through a range of global standard-setting and coordination efforts.
This symposium will grapple with the array of ESG and corporate sustainability initiatives taking shape today, mapping this rapidly evolving global landscape and engaging with the host of complex international and comparative legal challenges they raise. Speakers offering a diverse range of doctrinal, institutional, and jurisdictional perspectives will tackle these issues through presentations and panel discussions focusing on capital market developments, corporate governance reform initiatives, and efforts to constrain multinational businesses.
The day’s events are as follows:
9:00-9:15am | Welcome Messages
Peter B. “Bo” Rutledge, Dean and Talmadge Chair of Law, University of Georgia School of Law
Sarah Quinn, Interim Director, Dean Rusk International Law Center
9:15-10:30am | Panel 1: ESG and Sustainable Finance
George S. Georgiev, Associate Professor of Law, Emory University School of Law
Virginia Harper Ho, Professor of Law, City University of Hong Kong (Zoom)
Stephen Park, Associate Professor of Business Law and Satell Fellow in Corporate Social Responsibility, University of Connecticut School of Business
Anne Tucker, Professor of Law, Georgia State University College of Law
Moderator: Usha Rodrigues, University Professor and M.E. Kilpatrick Chair of Corporate Finance and Securities Law, University of Georgia School of Law
10:30-10:45am | Break
10:45-12:00pm | Panel 2: Corporate Law, Corporate Governance and Sustainability
Matthew T. Bodie, Robins Kaplan Professor of Law, University of Minnesota Law School
Andrew Johnston, Professor of Company Law and Corporate Governance, University of Warwick School of Law (UK) (Zoom)
Lindsay Sain Jones, Assistant Professor, University of Georgia Terry College of Business
Omari Scott Simmons, Professor of Law, George Washington University Law School
Moderator: Christopher M. Bruner, Stembler Family Distinguished Professor in Business Law and Faculty Co-Director of the Dean Rusk International Law Center, University of Georgia School of Law
12:00-1:00pm | Lunch
1:00-2:15pm | Panel 3: Multinational Corporations and Global Value Chains
Sarah Dadush, Professor of Law, Rutgers Law School (Zoom)
David Hess, Professor of Business Law and Business Ethics, University of Michigan Stephen M. Ross School of Business
Kish Parella, Class of 1960 Professor of Ethics and Law, Washington and Lee University School of Law (Zoom)
Jaakko Salminen, Associate Senior Lecturer, Department of Law, Lund University (Sweden) (Zoom)
Moderator: Harlan G. Cohen, Gabriel M. Wilner/UGA Foundation Professor in International Law and Faculty Co-Director of the Dean Rusk International Law Center, University of Georgia School of Law
2:15-2:30pm | Break
2:30-2:35pm | Keynote Introduction
Christopher M. Bruner, Stembler Family Distinguished Professor in Business Law and Faculty Co-Director of the Dean Rusk International Law Center, University of Georgia School of Law
2:35-3:15pm | Keynote Address
Jill E. Fisch, Saul A. Fox Distinguished Professor of Business Law and Co-Director of the Institute for Law and Economics, University of Pennsylvania Carey Law School
3:15 | Closing Remarks
Jack Schlafly, Editor in Chief, Georgia Journal of International and Comparative Law
Senior director of Public Policy and Research at World Food Program USA (WFP USA) Chase Sova spoke to students about the intersection of international law and policy as it relates to the global challenge of food insecurity Monday here at the University of Georgia School of Law.
Sova began his talk by explaining the relationship between WFP USA, a US-based non-profit organization, and the United Nations World Food Programme, which the WFP USA works to support stateside. He then discussed the global food insecurity landscape and how it is driven primarily by climate change, conflict, and economic disruptions, or shocks. Sova established links between international trade law and food insecurity, especially in the context of recent global events like the COVID-19 pandemic and the Russian invasion of Ukraine. He introduced students to the current debates about whether policies resulting in extreme food insecurity and starvation could be violations of international human rights law. Students were able to ask Sova questions about his educational background, his advice to those seeking careers in public service, and job opportunities for students interested in the work of the WFP USA.
Before his current position with WFP USA, Sova worked with the United Nations Food and Agriculture Organization (FAO), International Center for Tropical Agriculture (CIAT) and the CGIAR Research Program on Climate Change, Agriculture and Food Security (CCAFS). He has consulted with the World Bank, Johns Hopkins, and Tufts University. Interested in the intersection of food insecurity and conflict, humanitarian assistance, climate change, and sustainable agriculture, Sova has worked on food systems in 15 developing countries across Latin America, sub-Saharan Africa and South Asia. He has led several major research initiatives including WFP USA’s Winning the Peace: Hunger and Instability flagship report. Sova has served as an expert witness at the Senate Foreign Relations Committee, his writing has been featured extensively in peer-reviewed journals, and he regularly lectures on food insecurity at Universities in Washington, D.C. He delivered a TEDx talk on “Winning the Long Game in the Fight to End Hunger” in 2018. Sova earned his Ph.D. from Oxford University.
This event began in 2018 when Access Services Manager Marie Mize and Access Services Associate Szilvia Somodi proposed that the Law Library host a reception for the LL.M. students in order to introduce them to the law library staff and to talk about the library’s services. They and Foreign & International Law Librarian Anne Burnett planned the reception, which was first held September 11, 2018.
Over the years, this event has evolved in response to both students’ needs external circumstances. The event date was adjusted to accommodate the acculturative stress patterns of international students, who, Law Library staff learned, tend to experience homesickness around this time of the year. During the 2020-21 academic year, the Law Library held two virtual receptions in the fall and spring semesters to build community despite not being able to gather in person. In lieu of catered refreshments, Somodi and Mize assembled goodie bags that were made available for pickup in the Law Library for the week surrounding the virtual events.
Beginning in 2022, the Law Library expanded the event to include all international students in the J.D. program and Visiting Research Scholars. This year, the first two exchange students from UGA Law’s partnership with JGLS joined, in addition to several LL.M. alumni/ae. Somodi and Mize continue to be crucial to the planning and execution of the event, with the broader support of the library’s Student Engagement Team.
This event shines a spotlight on the relationship between the Law Library and UGA Law’s community of international students, emphasizing that they are welcome and encouraged to use the library’s facilities and services— and that the Law Library staff is glad they are here.
The University of Georgia School of Law clinics’ faculty and students, including Jason A. Cade, Associate Dean for Clinical Programs and Experiential Learning, and Kristen Shepherd, Community Health Law Partnership Clinic Staff Attorney of the Community HeLP Clinic, have continued their advocacy on behalf of women clients who are challenging the abuses they endured while in U.S. immigration detention.
As previously posted UGA Law’s Community HeLP Clinic and First Amendment Clinic have pursued administrative, judicial, and advocacy paths in support of women who had been in the custody of U.S. Immigration and Customs Enforcement (ICE) at the Irwin Detention Center, a privately run facility in south Georgia. While there, the women were subjected to nonconsensual medical procedures. Those who spoke out were met with retaliatory acts, including attempted or actual removal from the United States. For more than two years, the UGA Law clinics have represented these women in judicial and administrative proceedings.
The Community HeLP Clinic made significant progress in recent months on behalf of several women who experienced nonconsensual medical procedures while detained by ICE. These efforts included ongoing advocacy before a State Clemency Office, representation before immigration court on behalf of a woman who was unjustly deported, and successful advocacy before the Board of Immigration Appeals to reopen a third woman’s removal proceedings. The Clinic continues to represent these women and others in a putative class action lawsuit relevant to their allegations of medical abuse and retaliation. More information on these successes and engagements can be found here.
The Community HeLP Clinic is centered around interdisciplinary advocacy that focuses on immigration status and health, noncitizen workers and detainees, and public education. Along with overseeing the law school’s 11 in-house clinics and 7 externship programs, Cade directs the Clinic and aids law students in undertaking an interdisciplinary approach to immigrants’ rights through individual client representation, litigation, and project-based advocacy before administrative agencies and federal courts. Shepherd supervises students as they engage in a variety of services including interviewing and advising clients, conducting research and drafting legal documents, advocating in court proceedings and administrative hearings, and collaborating with legal and medical professionals in the community.
James Martin Center for Nonproliferation Studies (CNS) Research Fellow Nomsa Ndongwe spoke to students about careers in international law and contemporary security challenges Wednesday here at the University of Georgia School of Law.
Joined by UGA alumna and CNS Research Associate Tricia White, Ndongwe discussed her own career trajectory and current work in nonproliferation at CNS. Both Ndongwe and White identified several skills aspiring international lawyers can work towards in law school, including learning languages and developing subject matter expertise. Ndongwe championed the importance of professional networking, building relationships with peers, and making use of the resources available to students at UGA Law, like the Career Development Office and the Dean Rusk International Law Center. She also answered student questions about the Russian war in Ukraine, space law, maritime law, and global nuclear security challenges.
Ndongwe is a Co-founder of the WCAPS West Coast Chapter, and an N-Square Innovators Network Fellow 2020 – 2021. As of January 2022, she co-leads the CNS Young Women in Nonproliferation Initiative, is a School of International Futures Mentor 2023, and served as a Girl Security mentor. She is also a part of the P5 –Young Professionals Network (YPN) 2022-2023 cohort. She has a Master of Arts in Nonproliferation, Terrorism Studies, and Financial Crime Management from the Middlebury Institute of International Studies. She obtained her first degree, an LLB Single (Hons) degree at Brunel University, and her Postgraduate Diploma in Legal Practice (LPC) from the University of Law in Guildford, UK.
Previously, she served as diplomat for the Zimbabwe Permanent Mission to the United Nations Office at Geneva, focusing mainly on the Disarmament portfolio and International Telecommunication Union (ITU). Nomsa is a featured non-proliferation panelist/moderator for the Ploughshares Foundation, Harvard Belfer Center, Trinity College DC, United Nations Office for Disarmament Affairs (UNODA) New York, Naval Postgraduate School, United Nations Institute for Disarmament Research (UNIDIR), N Square Innovators Network and Royal United Services Institute (RUSI).
This event was cosponsored by the International Law Society and the UGA Law Career Development Office.
exchange of notes 