Events

February 15, 2015February 15, 2015

This Week: LIDS 2015 Spring Symposium

COMBATING GRAND CORRUPTION: IS INTERNATIONAL LAW THE ANSWER?
February 20, 2015 | 12–4 PM
Austin Hall, Room 111, Harvard Law School

The past decade has seen an impressive expansion of global efforts to combat corruption. Instruments such as the U.S. Foreign Corrupt Practices Act (FCPA), the U.K. Bribery Act, the OECD Anti-Bribery Convention, and the United Nations Convention Against Corruption (UNCAC) have been operationalized to investigate, punish, and prevent bribery of public officials. China has notably embarked upon a recent campaign to eradicate corruption and countries around the world have developed anti-corruption strategies and commissions in compliance with the international treaty regime.

Yet many of these national plans remain aspirational and corruption continues to plague developing economies and communities throughout the world. The strides that have been made have largely affected the “supply side” – companies and individuals who pay bribes or offer the equivalent thereof – rather than the “demand side” – public officials or power brokers who request something of value in exchange for conferral of a benefit. This one-sided approach is particularly problematic in situations of grand corruption, defined by Transparency International as “acts committed at a high level of government that distort policies or the central functioning of the state, enabling leaders to benefit at the expense of the public good.” The successful eradication of corruption and its consequences depends upon removing officials who perpetuate misconduct.

For a host of legal, diplomatic, and practical reasons, penalizing corrupt public officials presents many challenges. Nevertheless, a number of ideas have been posited. Scholars, like Sonja Starr, have argued that corruption should be designated an international crime. Civil society groups, like the Global Organization of Parliamentarians Against Corruption, have advocated for special courts to prosecute cases of grand corruption. Judge Mark Wolf recently authored a paper calling for the establishment of an international anti-corruption court.

This timely conference will bring together experts from Harvard, the World Bank, the U.S. State Department, the U.S. Department of Justice, the International Criminal Court, the private sector, and civil society to assess current challenges and potential solutions to confronting the highest levels of government corruption.

Details of the event can be viewed at https://orgs.law.harvard.edu/lids/2015-symposium-speakers-schedule/

November 7, 2014November 7, 2014

‘Humanitarian and NBA Superstar Dikembe Mutombo talks about his development work around the globe’

Everyday Harvard Law School students have many options to attend talks organized by different organizations. On Oct. 23, LIDS, International Legal Studies and the Harvard African Law Association brought in former basketball star Dikembe Mutombo. As expected, the room was packed. Of course, his basketball career is fascinating, from a person without any previous experience in basketball he became one of the top stars of the NBA, but what I am most impressed with is his work of the court.

In 1997 he opened a foundation to address the issues of health care and education, and in 2006 his foundation was able to open a modern hospital in Kinshasa. During his talk he highlighted some of the most urgent issues on the African continent: Ebola, health care and education issues. Having played basketball for 18 years, becoming a star and having constant attention of media, he used his powerful voice to call for changes. He raises funds continuously, and absolutely refuses to give up when it comes to helping the people of his home country, or any of the other countries where he serves as an NBA ambassador. I believe his strength comes from the moral reward he receives from people in many countries.

During his talk, Mr. Mutombo said: “Together we can change the world”, a phrase that seems overused and cliché. But coming from a person whose actions prove their words time and again, it was very powerful. He also highlighted that the opportunity to study at one of the best universities comes with a responsibility towards others. And as he finished, he left us with the parting words: “Try to get involved, do not stay aside saying it doesn’t concern me, there is no “their problem”, you have an opportunity and we need you”.

Very refreshing, very inspirational! Good luck in your endeavors Mr. Mutobmo!

October 7, 2013

LIDS Event Review: Cornell’s Ndulo contextualizes Chinese investment across Africa

October 7, 2013 – Cristoforo Magliozzi

Is China propagating a new wave of exploitation in Africa or is it beneficially recasting the position of Africa in the global economy? Cornell Law Professor Muna Ndulo suggested a bit of both in his visit to Harvard Law School on Thursday, Oct. 3, while contextualizing broader international investment practices in Africa and China’s investment elsewhere in the world.

Ndulo cited the role of China supporting anti-apartheid guerrilla movements in 1994 South Africa to illustrate that self-interest always reigns in how governments relate to one another. Whether a beneficial or detrimental outcome results depends on whether interests converge.

The scope of Chinese influence must also be well-considered—a minority of African nations today that do not have some form of democracy, and each iteration is nuanced. One cannot presume that Chinese investment props dictators or impedes the progression of human rights; the consequences of Chinese investment must be considered on a nation-by-nation basis.

In some instances, the Chinese non-interference policy on investment might actually boost rights tied predominantly to economic and not structural factors in ways that the conditional policies of other nations may fail to produce. And one must also remember the tremendous role that other foreign investment in Africa plays, such as from Europe and the United States. China is not a lone player on the continent, and moreover, it might be a proportionally bigger player on other continents when one inspects how invested China is in Brazil, for example.

By whatever causal factors, there is no denying that there is a shift in the African narrative from being the “hopeless continent” a decade ago to the “rising continent” today—predicted by the IMF to claim 7 slots of the world’s top 10 fastest growing economies over the next five years.

Insofar as rising commodity prices—some due to China imports on goods like copper—African nations must plan to safeguard themselves against the economic shocks a disruption of demand would bring. Given that, Ndulo pointed to Chinese motives as more than extraction of raw materials. China is also invested in African banks, manufacturing, and infrastructure. This is not to say these are for altruistic reasons—China is motivated to create new markets for its exports and to take advantage of international markets through Africa—such as obtaining indirect benefits from Africa’s free trade provisions with the U.S. through the African Growth and Opportunity Act.

Looking forward, African nations must raise capital with borrowing and investment being the two predominant options. Looking at borrowing-induced financial crises of the past, investment from China and elsewhere seems the way forward provided that gains are consolidated within Africa and harnessed for lasting change.