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Speaker: Professor Rochelle Dreyfuss, NYW Law School Biography: Rochelle Cooper Dreyfuss is Pauline Newman Professor of Law at NYU Law School and a Co-Director of the Engelberg Center on Innovation Law & Policy. She is a leading scholar of intellectual property law as well as other science and technology topics. She was a research chemist prior to law school, and later clerked for Chief Justice Warren Burger of the US Supreme Court. Among her works on international intellectual property issues are A Neofederalist Vision of TRIPS: Building a Resilient International Intellectual Property System(2012, with Graeme Dinwoodie), and several co-edited books, including Framing Intellectual Property Law in the 21st century: Integrating Incentives, Trade, Development, Culture, and Human Rights (2018, with Elizabeth Siew Kuan Ng); and the IILJ Project volume Balancing Wealth and Health: The Battle Over Intellectual Property and Access to Medicines in Latin America (2014, with César Rodríguez-Garavito). She was the Arthur Goodhart Visiting Professor in Legal Science at Cambridge University for 2019–20.
Abstract: Many countries have responded (or have considered responding) to the COVID pandemic by modifying their intellectual property laws to ensure the availability of vaccines, medicines, diagnostics, and related information. Some have asked the World Trade Organization (WTO) for a waiver to excuse any steps they might take that are inconsistent with obligations under the TRIPS Agreement. Although a waiver would protect WTO members from challenges in the WTO’s Dispute Settlement Body, a state that is a party to an international investment agreement (IIA) that includes investor-state dispute resolution has something else to worry about. Investors could claim that its actions amount to an indirect expropriation or a denial fair and equitable treatment in violation of the obligations in the IIA. In this piece, I conduct a thought experiment on how such suits might unfold. The first part describes how states sought or may seek to exercise control over the knowledge and products needed to protect public health during the global pandemic. The second part considers the challenges that investors might lodge and how they might be resolved. I identify the places where safeguards in IIAs that are intended to protect sovereign authority over healthcare may fall short.
For more information see: https://www.cipil.law.cam.ac.uk/seminars-and-events/cipil-seminars
The Cambridge Pro Bono Project (CPP) hosted this annual lecture, in which Lord Justice Singh, in conversation with Dr Stephanie Palmer discussed the topic 'The Unity of Law' on 27 April 2022.
For more information about the Cambridge Pro Bono Project, see Twitter (https://twitter.com/Cam_ProBono) or Facebook (https://www.facebook.com/CamProBono).
- Karen Gough (39 Essex Chambers) - 'Have Dispute Adjudication Boards rendered Engineers obsolete?' (13:53)
- Rupert Reece (Gide Loyrette Nouel) - 'Are muti-tier dispute resolution clauses more trouble than they are worth?' (45:18)
- Ian Gaunt (London Maritime Arbitrators Association) - 'Different strokes: How is shipbuilding arbitration unlike (and sometimes like) other construction arbitration?' (01:04:07)
The Cambridge University Arbitration Society (CUArb) hosted the seventh annual Cambridge Arbitration Days on 1-2 April 2022 at the Faculty of Law, University of Cambridge (the ‘Cambridge Arbitration Days’ or ‘CAD’). The Cambridge Arbitration Days bring together scholars, practitioners, and students for discussions on intriguing and topical issues in the field of international arbitration.
For more information on the Cambridge Arbitration Days see: https://www.cuarb.uk/cambridge-arbitration-day/
- John Mehrzad QC (Barrister, Littleton Chambers) - 'Arbitrator impartiality and lists in sports arbitration' (7:14)
- Dr Leanne O'Leary (Senior Lecturer in Law, Edge Hill University) - 'Switching teams mid-match: Should sports arbitration parties be allowed to change their factual position on appeal?' (27:18)
- Paul Gilroy QC (Barrister, Littleton Chambers) - 'The Russian anti-doping scandal and the recent CAS decision to reduce WADA’s sanctions: Was the CAS panel too lenient?' (43:20)
- Udo Onwere (Partner, Bray & Krais) - 'An insight into the Football Association panels' (1:05:34)
- Jeffrey Benz (Door tenant, 4 New Square) - 'Reflections of a CAS arbitrator' (1:28:19)
The Cambridge University Arbitration Society (CUArb) hosted the seventh annual Cambridge Arbitration Days on 1-2 April 2022 at the Faculty of Law, University of Cambridge (the ‘Cambridge Arbitration Days’ or ‘CAD’). The Cambridge Arbitration Days bring together scholars, practitioners, and students for discussions on intriguing and topical issues in the field of international arbitration.
For more information on the Cambridge Arbitration Days see: https://www.cuarb.uk/cambridge-arbitration-day/
- Kate Cervantes-Knox (DLA Piper) - 'From Achema to Komstroy to PL Holdings: What does the future hold for intra-EU investments?' (10:21)
- Belinda McRae (Twenty Essex Chambers) - 'Challenges to investment treaty awards in the English courts' (32:29)
- Alvaro Nistal (Arnold & Porter) - 'Protection of foreign investments during armed conflict' (55:52)
- Dr Lionel Nichols (CANDEY) - 'Access to justice in investor-state arbitration: Risk and reward in funding and enforcement' (1:17:26)
The Cambridge University Arbitration Society (CUArb) hosted the seventh annual Cambridge Arbitration Days on 1-2 April 2022 at the Faculty of Law, University of Cambridge (the ‘Cambridge Arbitration Days’ or ‘CAD’). The Cambridge Arbitration Days bring together scholars, practitioners, and students for discussions on intriguing and topical issues in the field of international arbitration.
For more information on the Cambridge Arbitration Days see: https://www.cuarb.uk/cambridge-arbitration-day/
- Mo Haque QC (CANDEY) - 'Having your kabab and eating it - Supreme Court decisions of Enka v Chubb and Kabab-Ji - Implied choice of law in international arbitration' (3:15)
- Renato Stephan Grion (Pinheiro Neto Advogados) - 'Halliburton v Chubb: Conflicts in arbitral appointments - Recent trends in international commercial arbitration' (24:35)
- Hamid Abdulkareem (Three Crowns) - 'Enforcement of ethical standards - Gaps in the edifice' (50:17)
The Cambridge University Arbitration Society (CUArb) hosted the seventh annual Cambridge Arbitration Days on 1-2 April 2022 at the Faculty of Law, University of Cambridge (the ‘Cambridge Arbitration Days’ or ‘CAD’). The Cambridge Arbitration Days bring together scholars, practitioners, and students for discussions on intriguing and topical issues in the field of international arbitration.
For more information on the Cambridge Arbitration Days see: https://www.cuarb.uk/cambridge-arbitration-day/
- Remarks from the Chair: Dr. Nafay Choudhury, Junior Research Fellow, St. Catharine’s College, University of Cambridge
- Rebecca Barber, Ph.D. Candidate, University of Queensland - 'The Role of the UN General Assembly in Determining the Legitimacy of Governments' (5:46)
- Dr. Leslie-Anne Duvic-Paoli, Senior Lecturer in Environmental Law, King’s College London - 'Citizens at the Global Governance Table: The Global Citizens’ Assembly on the Climate Emergency and The Making of International Climate Law' (23:23)
- Dr. Abhishek Trivedi, Assistant Professor of Law, Institute of Legal Studies and Research, GLA University, Mathura, India - 'Global Governance of REDD+ and the Challenges of Applying the International Law of Free, Prior and Informed Consent: Moving Towards an Integrated Human Rights-based Approach' (40:37)
- Dr. David Hughes, Assistant Professor, Canadian Forces College / Dr. Yahli Shereshevsky, Senior Lecturer, University of Haifa School of Law - 'State-Academic Lawmaking as Global Governance' (1:01:31)
- Dr. Agnieszka Szpak, Associate Professor, Nicolaus Copernicus University - 'Global Governance, International Law, and Cities' (1:19:03)
- Discussion and Q&A (1:33:50)
This is a recording from the events of the 11th Annual Cambridge International Law Conference
Cambridge International Law Journal, held under the title 'Strengthening Global Governance through International Law: Challenges and Opportunities' on 26 & 27 March 2022 at the Faculty of Law, University of Cambridge.
For more information about the conference, and the Journal, see: http://cilj.co.uk/
- Remarks from the Chair: Ms. Raghavi Viswanath, Ph.D. Candidate, European University Institute
- Dr. Sophie Duroy, Fellow, KFG Berlin-Potsdam Research Group The International Rule of Law: Rise or Decline?' - 'The Case for a Human Rights Approach to Global Security' (7:45)
- Dr. Maxwell Young Joo, Associate Professor, Prince Mohammad Bin Fahd University - 'The Passion of Global Governance as a Threat to International Law: The Irreversible Precedent of Libya and UNSC Resolution 1973 Legitimizing Illegality under Humanitarianism and Democratic Intervention' (22:50)
- Dr. Isabel Lischewski, Scientific Associate, Faculty of Law, WWU Münster 'Designing Oversight, Overlooking Human Rights? How State Interest Shapes Procedure in Platform Governance' (39:11)
- Md Khalid Rahman, Assistant Professor of Law, American International University-Bangladesh - 'A Study on the Persecution of Rohingya Considering Incitement to Genocide on Global Standards: An Empirical Approach' (57:00)
- Discussion and Q&A (1:13:32)
This is a recording from the events of the 11th Annual Cambridge International Law Conference
Cambridge International Law Journal, held under the title 'Strengthening Global Governance through International Law: Challenges and Opportunities' on 26 & 27 March 2022 at the Faculty of Law, University of Cambridge.
For more information about the conference, and the Journal, see: http://cilj.co.uk/
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