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/

Symposium Recap: Post-Conflict Reconstruction, Rebuilding from Emergency to Development

On Friday, October 31, 2014, experts, scholars, and practitioners in the field of post-conflict reconstruction convened at Harvard Law School for our annual symposium. This year, the Symposium’s theme was Post-Conflict Reconstruction: Rebuilding from Emergency to Development, and focused on strategies to best promote growth, stability, and long-term development in countries arising from violent conflict.  Speakers and panelists discussed issues facing countries that having arisen from conflict such as Rwanda, to countries that are very much still in the process of transition, like Syria.

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The event started with an illuminating talk by Keynote Speaker Dr. Donald Kaberuka, President of the African Development Bank, and former Minister of Finance and Economic Planning in Rwanda. Dr. Kaberuka spoke in depth about strategies to promote growth and development in fragile and post-conflict states.  To begin with an example, he spoke about how a brutal civil war destroyed much of infrastructure, including health systems, education systems and infrastructure, in Guinea, leading to the country’s inability to effectively control the Ebola epidemic today (coupled with a poor international response).  Dr. Kaberuka further went on to emphasize how conflict can happen anywhere, and is not limited to Africa — despite certain stereotypes. Dr. Kaberuka spoke about the Bank’s work in this area, particularly in: rebuilding economies; rebuilding capacities; and helping post-conflict countries reengage with the international community.  In particular, he emphasized that each conflict and each country can be drastically different, so there are no one-sized solutions; it depends very much on the state and who controls it.

In addition, he noted a few factors for success: first, a strong sense of ownership and responsibility; second, be pragmatic, but understand that making mistakes is normal; third, turn weaknesses into opportunity; and fourth, engage the private sector and leverage it to rebuild the economy.  It is important to take bold steps early on, including abolishing controls, liberalizing, and ensuring independence of the central bank, and yet to redistribute wealth by investing in health and education.  Ultimately, it is up to each nation to engage in rebuilding the country and resolving their problems.  As he stated, “Rebuilding a nation cannot be outsourced. Only the nationals can rebuild their country.”

Click here to download a video of Dr. Kaberuka’s talk.

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Following Dr. Kaberuka’s talk, we moved on to the first panel, titled Driving Economic Growth and Building Institutions After Conflict.  The panel featured practitioners, academics and policymakers who work in government institutions and non-profits to promote growth and institution building in post-conflict countries. Panelists included:  Catherine Anderson, Justice and Conflict Advisor, World Bank Justice Reform Practice Group;  Sarah Cliffe, Special Adviser for East Asia and Pacific Region, World Bank;  Robert Jenkins, Deputy Assistant Administrator, USAID Bureau for Democracy, Conflict, and Humanitarian Assistance (DCHA) and Executive Director, USAID Task Force on Syria; and Barbara Smith, Senior Director for Governance and Law, Asia Foundation. The panel was moderated by Michael Woolcock, Lead Social Development Specialist, World Bank Development Research Group and Lecturer in Public Policy, Harvard University’s Kennedy School of Government (and a founder of the World Bank’s Justice for the Poor program).

The panelists spoke not only about post-conflict development but about how prevention is equally important; countries with weaker institutions are at 50% higher risk of conflict.  Robert Jenkins in particular spoke about the importance of countering violent extremism, and the need to address the rising youth bulge and their demands for jobs and dignity.  He emphasized how post-conflict development is in itself conflict prevention, and that it is a lot cheaper to prevent a war than to be in war. There were also discussions about aid coordination and how to improve the response of the international community, including donors and major institutions.

Click here to download a video of the first panel

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Finally, our second panel was titled Developing Stability and Security: Post-Conflict Security Sector and Justice Reform, and focused largely on the rule of law aspects of post-conflict rebuilding. Panelists were: Angela Conway, Director of the Middle East & North Africa (MENA) Division, American Bar Association Rule of Law Initiative; Jean-Marie Kamatali, Assistant Professor of Law, Ohio Northern University College of Law; and Vivek Maru, Founder and CEO, Namati. The panel was moderated by David Marshall, Senior Rule of Law Advisor, New York Office, UN High Commissioner for Human Rights.

This panel provided a fascinating look into justice systems in countries arising from conflict, with case studies from Sierra Leone, South Sudan, and Rwanda, among other places. The group had a discussion about what ‘rule of law’ actually means, and why it is important in post-conflict nations.  Vivek Maru particularly emphasized the importance of the model used by Timap for Justice and other grassroots organizations in countries arising from conflict, where the formal justice system often lacks capacity; this model utilizes grassroots, community paralegals to provide justice to ordinary people quickly on issues such as criminal justice, land disputes, and citizenship. He emphasized how important it is to support and expand such projects to ensure justice in countries such as Sierra Leone, and how such a method promotes the rule of law. David Marshall spoke about his work with the UN in South Sudan, and how there can be such a disconnect between ‘rule of law’ and ‘human rights’ practitioners within the UN and other institutions.  Angela Conway spoke about the ABA Rule of Law initiative’s programs around the world and in Libya, Iraq, Egypt, and the Gulf. Finally, Jean-Marie Kamatali discussed his personal and professional experiences with the Rwandan genocide, and how it can be incredibly difficult to rebuild trust in such an environment, and how transitional justice and accountability processes can promote rebuilding the rule of law.

Click here to download a video of the second panel.

Contact Symposium Chair, Akhila Kolisetty (akolisetty [at] jd15.law.harvard.edu) for more information!

Entrepreneurial Thinking at the LIDS Annual Symposium

October 25, 2013 – Colette van der Ven

On October 18, 2013, LIDS held its annual symposium, this year focusing on the linkages and tensions between trade, development, and entrepreneurship. With sponsorship from the law firms of Allen & Overy, Freshfields Bruckhaus Deringer, Sidley Austin, and Skadden, as well as the Harvard Milbank Tweed Fund and the Harvard International Legal Studies Program, the event was a great success and drew over 100 attendees!

The day-long event was kicked off by Abhijit Banerjee, who provided a powerful keynote address challenging popular understandings of entrepreneurship.  Professor Banerjee’s address was followed by two panels: the first focused on barriers to scaling-up entrepreneurship, and the second addressed how to better connect micro-level problems to macro-level trade policy.

Professor Banerjee spoke about the challenges of entrepreneurship amongst the poor and whether entrepreneurship amongst the poor really creates a pathway for growth. He highlighted the importance of differentiating between survival-driven entrepreneurship and growth-driven entrepreneurship and drew attention to the fact that when the poor receive micro-credit loans, they often don’t use it to expand the business but, just like the middle class, buy comfort items instead, like TVs or motorcycles.

The first panel, moderated by Simon Winter, Senior Vice President at Technoserve, focused on capacity and linkage constraints to entrepreneurship, as well as legal and policy barriers. Mara Bolis, Senior Advisor at Oxfam, highlighted the psychological barriers entrepreneurial women face in developing. Austin Choi, General counsel of Kiva, illustrated the need for legal entrepreneurship by explaining how Kiva, an online lending platform, has been pushing to change the Securities Exchange Act to legalize crowdfunding. Simon Winter specifically focused on the importance of removing structural barriers to create systematic change.

The second panel, moderated by Katrin Kuhlmann, President and founder of the New Markets Lab, focused on linking micro-level growth to macro-level policy. Katrin laid the foundation by expanding the notion of “trade” to encompass not just the cross-border passage of goods, but also multiple levels of transactions along the value chain, such as land rights, taxation issues, taxes, etc. She highlighted the importance of tailoring macro-level policies to specific economic opportunities on the ground in order to unlock economic opportunities and entrepreneurship and make regulation more effective. Katrin then illustrated an application of this methodology by describing TransFarm Africa’s success story in revitalizing Tanzania’s seed potato market.

Mark Wu, Assistant Professor at Harvard Law School, highlighted the importance of household savings to move out of poverty. One way to do this is through creating manufacturing jobs.  Professor Wu went beyond analyzing the demand side of labor market failures—the creation of jobs—and stressed the importance of labor supply, focusing on fertility rates. He further addressed the inefficiency of domestic markets and motivated students to stay involved, expressing that a lot of work remains to be done to better link entrepreneurs to those interested in buying and selling, both domestically and globally.

Joost Pauwelyn, Professor of International Law and Co-Director of the Centre for Trade and Economic Integration at the Graduate Institute in Geneva, focused mainly on the mismatch in supply and demand with regard to providing legal expertise. A handful of expensive, mainly US, law firms dominate the field, and there is little transfer of knowledge to other players, especially firms in developing countries. To bridge this gap, Professor Pauwelyn has created TradeLab, an online platform that aims to bridge the gap in the legal expertise market by enabling anyone to post trade-related questions, which are answered, in Wikipedia style, by anyone, both trade experts and non-experts, who have the answer.

The message students took away from the symposium was that it is possible to be a lawyer and innovative; to be a lawyer and think outside the box; to be a lawyer and to be part of the solution, not the problem, to major structural impediments in entrepreneurship, development, and trade!

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LIDS Symposium 2013: “Trade. Entrepreneurship. Development. Linking Local Growth to Global Markets”

Please join LIDS for our 2013 Symposium!!

Date: Friday, October 18, 2013

Time: 12:30 pm to 5 p.m.

Location: Harvard Law School, Wasserstein Hall, Milstein West

Focus: This year’s LIDS Symposium, entitled “Trade and Entrepreneurship: Linking Local Growth to Global Markets,” aims to highlight the legal, political, and economic barriers facing new businesses and aspiring exporters in developing countries. The symposium begins with the underlying notion that independent and sustainable development cannot occur without the emergence of successful, exportable domestic industries. While approaches such as microfinance gained traction in the past decade, efforts to grow subsistence-level producers and informal businesses into more efficient medium-sized enterprises in developing countries have remained frustratingly slow. Through the rich experience of the speakers, the 2013 LIDS symposium aims to exchange valuable lessons from NGOs, government, academia, and groundbreaking fieldwork in the search for solutions that to lead the way forward in this critical area of development.

View our Symposium Page for more information. We look forward to seeing you at this exciting event!!