{"id":1755,"date":"2013-07-12T18:57:33","date_gmt":"2013-07-12T18:57:33","guid":{"rendered":"http:\/\/www3.law.harvard.edu\/orgs\/lids\/?page_id=1755"},"modified":"2020-09-17T00:57:59","modified_gmt":"2020-09-17T04:57:59","slug":"current-and-past-projects","status":"publish","type":"page","link":"https:\/\/orgs.law.harvard.edu\/lids\/projects\/current-and-past-projects\/","title":{"rendered":"Current and Past Projects"},"content":{"rendered":"

2020-2021 PROJECTS<\/strong><\/p>\n

Coming soon!<\/p>\n

 <\/p>\n

2019-2020 PROJECTS<\/strong><\/p>\n

Public International Law and Policy Group (PILPG)<\/b><\/p>\n

Given the context of grave economic suffering under current conditions in Yemen, the design of an economic reconstruction plan is an essential component of the peace process in Yemen and will be a core aspect of establishing durable peace in Yemen.\u00a0 It is also a topic that local Yemenis emphasize as a top priority.\u00a0 For this reason, legal analysis on the laws that govern post-conflict economic reconstruction will be highly useful to assist in guiding this discussion at multiple tracks within the peace process.\u00a0 A LIDS team produced a legal memorandum that provides an overview of international legal standards and laws relating to economic reconstruction, with reference to illustrative state practice. The memorandum also considered whether and how economic sanctions regimes do or do not impact the standards and laws governing economic reconstruction.\u00a0<\/span><\/p>\n

New Markets Lab<\/b><\/p>\n

In the summer of 2019, NML launched a research program to re-think the role of development in trade agreements. This work will be part of an ongoing program under the New Markets Lab, in collaboration with partners like UNCTAD and others, to build a more inclusive model for trade that better furthers economic development for all. It is particularly timely given the tremendous potential for economic development through new trade agreements like the African Continental Free Trade Area. The new model will more closely link trade with sustainable development considerations, including the SDGs and the \u201cbuilding blocks\u201d of trade and development, which encompass both \u201ctraditional\u201d components of trade agreements (such as trade facilitation, SPS standards, intellectual property, and technical barriers to trade like packaging and product standards), and frontier issues (such as digital trade, food security, labor and supply chains, environment, investment, competition, and gender). NML\u2019s program will produce a set of tools and an inventory of good practices, drawing upon models from around the world and NML\u2019s systems approach, along with recommendations for the future, with engagement in Washington, D.C., Africa, and elsewhere to operationalize more development-driven trade law and policy.<\/span><\/p>\n

Commercial Law Development Program (CLDP) of the US Department of Commerce<\/b><\/p>\n

The Commercial Law Development Program (CLDP) is the technical assistance arm of the U.S. Department of Commerce. CLDP works with USAID and the US Department of State in dozens of countries around the world to help improve the commercial legal environment for domestic and international businesses in these countries. CLDP is currently working in the Maldives to help set up the Maldives International Arbitration Center (MIAC). CLDP\u2019s goal is for MIAC to offer arbitration services in the Maldives within the next 12 months. It will be the first of its kind arbitration institution in the Maldives. For CLDP-MIAC to be functional, LIDS students supported CLIDP-MIAC in the development of arbitration rules and procedures.<\/span><\/p>\n

Transparency International \u2013 Initiative Madagascar<\/b><\/p>\n

During the French colonial period (1896-1960), large agricultural areas in Madagascar were handed over to settlers, mostly to French nationals, but also to French and other foreign companies. According to researcher Francis K\u0153rner1, it is believed that at least 1.5 million ha were transferred to foreigners over this period. After the Madagascar declaration of independence in 1960, most of these colonial lands were abandoned by settlers who left the country. From then on, those lands were usually used for agricultural purposes by settlers\u2019 former employees. However, the legal ownership of those plots of land was rarely formally transferred to Malagasy citizens who were using the land after the departure of the settlers. In Madagascar, land titles are considered inalienable. Concretely, this means that the progeny of former settlers can even today claim their rights to those land plots obtained during the colonization. In some cases, those land rights are purchased by companies which then use their acquired rights to expel the current inhabitants from their land. No conclusive solution has yet been found to solve this issue which remains open, even decades after the end of colonization in Madagascar. The LIDS students addressed the following questions in the context of this initiative: (1) How have other former French colonies dealt with this issue of land registered under the name of former settlers? Other cases involving other countries may also be considered. (2) What do international conventions and agreements say about this issue? (3) What solutions can be found to this problem that are equitable, legally sound and technically feasible?<\/span><\/p>\n

Advocates for International Development A4ID<\/b><\/p>\n

A4ID strongly believes that the law is a critical role in the achievement of the Sustainable Development Goals (SDGs). The SDGs provide a global framework for engagement and mark an opportunity for the legal community to make a tangible contribution. However, there is a lack of understanding about how the law can help deliver the SDGs. Therefore, A4ID is developing a Legal Guide to the SDGs to address the lack of understanding about the links between legal frameworks and the SDGs and to highlight the key role that law, and lawyers can play in achieving the SDGs. Initial consultations with A4ID\u2019s development and legal partners confirmed the relevance and usefulness of the guide. This participative process also helped define the scope and the format of the end-result. Our legal partners provided support for the first round of research and drafting. After a first review, A4ID worked on each chapter to improve consistency in content and language. Each chapter has then been reviewed by a development expert in the specific area.\u00a0<\/span><\/p>\n

For each SDG, a chapter within the guide provides lawyers with an introduction to the goal, an overview of relevant international, regional and national legal frameworks related to this SDG, and key insights on legal challenges and opportunities and clear examples of actions that law firms and lawyers can take. LIDS supported A4ID’s chapter for Sustainable Development Goal 16 \u2013 Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels. This SDG is of paramount importance for the realisation of the whole 2030 Agenda. It comprises 10 targets touching various areas such as rule of law, transparent, effective and accountable institutions, respect for fundamental rights, protection against crime and violence, democracy, etc.<\/span><\/p>\n

Advocates for International Development A4ID – Role UK<\/b><\/p>\n

A4ID\u2019s ROLE UK programme, funded by the UK Department for International Development (DFID), contributes to building long-term partnerships between the UK legal sector and legal actors in developing countries to strengthen the rule of law and facilitate progress towards the Sustainable Development Goals (SDGs). The ROLE UK programme is now is a new phase of the programme from 2019\u20132022. The programme team has developed an updated theory of change and log frame for this new period, reflecting lessons learned within the programme, outputs from consultation with programme stakeholders from a range of sectors, and the need to align more strongly with DFID\u2019s Partnerships for Development programme. <\/span><\/p>\n

The ROLE UK Programme works therefore to improve laws, policies, systems and practices in developing countries. It is rule of law actors in ODA-eligible countries, whether of law societies, bar associations, judiciaries, universities and training institutes or law enforcement organisations, who are able to effect this change. Rule of law actors with the ability to influence legislation, enact changes to policies, improve practices and contribute to transforming systems in their jurisdictions, are provided through ROLE UK-supported activity with the capabilities, opportunities and motivation to change their behaviour to this end.\u00a0<\/span><\/p>\n

LIDS worked with ROLE UK to further develop this theory of change, specifically by fleshing out assumptions at the impact level and providing evidence showing that improved laws, systems, policies and practices will improve the rule of law.<\/span><\/p>\n

 <\/p>\n

SPRING 2019 PROJECTS<\/strong><\/p>\n

Defense Based Act<\/strong><\/p>\n

Work with supervising attorneys from private public-interest law firm Handley Farah & Anderson to analyze the the scope and applicability of the Defense Based Act on different types of international US-government-funded projects. The Defense Base Act (DBA) provides workers\u2019 compensation protection to civilian employees working outside the United States on US military bases or under a contract with the U.S. government for public works or for national defense. Typically, American workers employed abroad have used the DBA to file claims, but third-country migrant workers far exceed American employees in numbers. This project will produce a legal memo, assessing what types of claims migrant workers can bring under the DBA, that will aid the litigation strategy of our client. Project participants will also receive legal orientation from supervising attorney Matthew Handley.<\/p>\n

Transparency International \u2013 Russia<\/strong><\/p>\n

Sextortion is the term coined to combine sex and extortion in explaining sexual abuse and exploitation. Sextortion as a form of corruption is a global phenomenon, but it often goes unreported and the impunity is common for perpetrators. How do the universities from G20 address this issue? We expect the LIDS team: to conceptualize the term sextortion; to find the best university practices combating sextortion (ethic codes, advocacy); to find and analyze the sextortion cases in G20 countries; to create and implement the surveys for the students of the G20 universities about sextortion regulation; to create the universities index based on sextortion regulation and advocacy. We expect the LIDS team to deliver a research report that would contain the analysis of the best practices and their own innovative policy recommendations. The final deliverable is a research report with a mandatory presentation on Skype. The research findings will be presented for GRECO and C20 (Civil Society 20 Summit) during the summer 2019. The analysis will be used for policy recommendation on regulation sextortion in ethic codes. Timeline: February 15th for the first draft of the paper; March 30th for the second draft of the paper; April 15th for the final paper and presentation on Skype.<\/p>\n

Open Development Mekong<\/strong><\/p>\n

The proposed project looks at infrastructure investment in the Lower Mekong Countries, and three main issues: The role that China plays in this development; What accountability mechanisms are available; How this development ties into the 2030 Agenda for Sustainable Development (especially UNESCAP\u2019s regional roadmap for sustainable development), and ASEAN\u2019s plans for developing their economic community. The project should highlight any adverse impacts on vulnerable groups such as women and ethnic minorities (particularly related to migration and abuse of rights). Specific tasks include: Update existing Aid and Development page on ODM (https:\/\/opendevelopmentmekong.net\/topics\/aid-and-development-assistance\/) to include commercial financing terms, not only development aid terms, as this is crucial to understanding China\u2019s influence and impact in the Lower Mekong Region (LMR) \u2013 also will make it easier to link to SCS\/China (https:\/\/www.scsglobalservices.com\/china) pages. Existing Chinese Financial Aid profile (using data from AidData) should be expanded upon to include additional data from other bilateral donors from the region and west to increase comparison. Develop page on infrastructure financing mechanisms \u2013 common financing schemes, issues specific to this type of financing, trends in LMR, numbers\/$$$ in LMR. Develop pages on Infrastructure financiers \u2013 major players in LMR and their policies (two sub-pages\/sections \u2013 one on China and one on everyone else). Develop pages on Infrastructure policies (planning and agreements) \u2013 general treatment of policies in LMR, preferred investment in LMR, how this matches with financiers \u2013 this will be a good link to SCS\/China pages. Develop pages on Infrastructure regulation \u2013 project lifecycle, and how assessments, financing, and other regulatory procedures fit into the project lifecycle. Develop pages on Infrastructure \u2013 Relevant Laws. Develop pages on gender impacts of infrastructure development, and a presentation on concerns at each stage of the project lifecycle including specific examples of issues where this has occurred in the region (this is where we can introduce the idea of corporate chain mapping as well and potentially provide an example of a major player in the LMR). Develop relevant blog posts to complement information presented in the above Pages. Develop compelling data visualizations and data stories to convey the messages related to infrastructure development. We would like the following: A series of user-ready briefings, written at an appropriate reader level, based on the above topics (\u201cPages\u201d, 1500 words each; exact delineations to be determined dependent on the information and with the assistance of a Mekong Region-based ODM editor); A series of relevant blog posts, data stories or other data driven presentation (1000 words if written, intended to supplement the neutral information presented in pages); A presentation in Sway (https:\/\/sway.office.com\/) or other tool compatible with our system.<\/p>\n

 <\/p>\n

2018-2019 (FULL YEAR) PROJECTS<\/strong><\/p>\n

Defense Based Act<\/strong><\/span><\/p>\n

Work with supervising attorneys from private public-interest law firm Handley Farah & Anderson to analyze the the scope and applicability of the Defense Based Act on different types of international US-government-funded projects. The Defense Base Act (DBA) provides workers’ compensation protection to civilian employees working outside the United States on US military bases or under a contract with the U.S. government for public works or for national defense. Typically, American workers employed abroad have used the DBA to file claims, but third-country migrant workers far exceed American employees in numbers. This project will produce a legal memo, assessing what types of claims migrant workers can bring under the DBA, that will aid the litigation strategy of our client. Project participants will also receive legal orientation from supervising attorney Matthew Handley.\u00a0<\/span><\/p>\n

Transparency International \u2013 Russia<\/strong><\/p>\n

Sextortion is the term coined to combine sex and extortion in explaining sexual abuse and exploitation. Sextortion as a form of corruption is a global phenomenon, but it often goes unreported and the impunity is common for perpetrators. How do the universities from G20 address this issue? We expect the LIDS team: to conceptualize the term sextortion; to find the best university practices combating sextortion (ethic codes, advocacy); to find and analyze the sextortion cases in G20 countries; to create and implement the surveys for the students of the G20 universities about sextortion regulation; to create the universities index based on sextortion regulation and advocacy. We expect the LIDS team to deliver a research report that would contain the analysis of the best practices and their own innovative policy recommendations. The final deliverable is a research report with a mandatory presentation on Skype. The research findings will be presented for GRECO and C20 (Civil Society 20 Summit) during the summer 2019. The analysis will be used for policy recommendation on regulation sextortion in ethic codes. Timeline: February 15th for the first draft of the paper; March 30th for the second draft of the paper; April 15th for the final paper and presentation on Skype.<\/p>\n

Transparency International – Madagascar<\/b><\/p>\n

** The work scope\/output is likely to be narrowed or multiple groups will be assigned to this project. **<\/span><\/p>\n

The Malagasy administration is reluctant to provide the public with information that should be in the public domain and which is actually freely available in many other countries. The publication of such data is not currently mandatory. For this reason, citizens and civil society organizations are often materially unable to control the actions of these administrations. Opacity of information generates low accountability, which in turn leads to increased risks of corruption. TI-IM is currently initiating advocacy for the adoption of an access to information law in Madagascar. Support from LIDS students is critical to the success of this initiative. The main questions to be addressed are the following: What are the weaknesses of the existing legal framework about access to information that allow opacity to be the rule in Malagasy administrations? What do other countries do with regards to access to information? What are the best practices we could implement in Madagascar? How can freedom\/access to information support the fight against corruption? How information-related laws and regulations could be used to produce valuable, legally-actionable evidence in the fight against corruption in Madagascar? The work output from LIDS students will be: A legal assessment of the existing regulations related to transparency of public data and their impacts (positive or negative) on the fight against corruption; A comparative review of freedom and access to information legal frameworks in selected countries similar to Madagascar (e.g. Mauritius, and others to be identified), leading to a collection of best practices we could implement in the country; A proposed draft Access to Information Act to be used for advocacy purposes (towards the Parliament); A proposed draft of a law providing protection to journalists and whistleblowers releasing\/using data for anti-corruption purposes. Inputs for an \u201cInformation Against Corruption\u201d national campaign led by TI-IM.<\/span><\/p>\n

<\/h1>\n

Quro Medical<\/b><\/h1>\n

Hospitalization is a source of several problems and inefficiencies for the healthcare system in South Africa. At present, hospitalization is both necessary and inevitable for many conditions, as there does not exist the necessary healthcare ecosystem to provide a safe alternative treatment plan for patients. Quro Medical is a start-up social enterprise which endeavors to create such an ecosystem, providing a technology-enabled in-home medical care and monitoring service that will enable many patients to be treated safely in the comfort of their own homes. This will both improve patient clinical outcomes and satisfaction while at the same time reducing cost of care significantly. We intend to run a pilot in Johannesburg from October to December 2018, and to commence full operations in January 2019. Quro Medical is positioned to have a broad societal impact as South Africa\u2019s healthcare sector transitions to become more open and accessible to everyone. To this end, we would the Harvard Law and International Development Society \u2019s (LIDS) assistance in advancing this vision. We require research to be done on the following legal\/ regulatory questions: Whether our model would potentially be in breach of any regulatory or ethical standard governing the conduct of health professionals and or any legislative\/ regulatory requirement pertaining to the operations of private healthcare institutions in South Africa; and Whether there are any pertinent legal risks that arise from our model, including ways in which we could possibly mitigate or avert the occurrence of these risk events. This work product will be used to assess our risk prior to our full entrance into the market. This knowledge will enable us to take necessary precautions, such as taking out appropriate insurance, devising appropriate legal strategies etc,. Also, Subject to the success of our 3-month trial period, we intend to conclude an exclusive distribution agreement, covering the entire African region. This agreement will be used to create a formal relationship with the developer and global distributor of the monitoring platform that we intend to use in our service offering. We would appreciate it if the research memo could be provided to us by 15 November 2018. We would like to finalize the distribution agreement by 10 December 2018.<\/span><\/p>\n

<\/h1>\n

PILPG<\/b><\/h1>\n

PILPG is working with\u00a0Yemeni\u00a0civil society organizations to strengthen their capacity to engage with a future political transition. \u00a0In particular, PILPG\u2019s work focuses on ensuring that women, youth, and persons with disabilities have greater political engagement and representation. <\/span>To assist PILPG in advising its Yemeni civil society organization (CSO) clients, PILPG requests a legal memorandum that provides an overview of the primary treaty monitoring mechanisms, or “treaty bodies,” that support the implementation of the major international human rights treaties. \u00a0Each of the major international human rights treaties in question have a treaty body that conducts regular reviews of each state party\u2019s implementation of the relevant treaty. Treaties under consideration by the legal memorandum should include the International Covenant on Civil and Political Rights (ICCPR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the United Nations Convention Against Torture (UNCAT). \u00a0The legal memorandum should define the function and mandate of each treaty body, and provide an analysis of the process by which both states and civil society engage with the treaty body, in particular how submissions are made to the treaty body by each category of actor. If possible, the legal memorandum should also address whether individuals have the standing to make submissions directly to each treaty body. Additionally, the legal memorandum would benefit from a section detailing the outputs that result from a review by each treaty body, and the scope of their authority under international law. \u00a0<\/span><\/p>\n

<\/h1>\n

Open Development Mekong<\/b><\/h1>\n

** The work scope\/output is likely to be narrowed or multiple groups will be assigned to this project. **<\/span><\/p>\n

The proposed project looks at infrastructure investment in the Lower Mekong Countries, and three main issues: The role that China plays in this development; What accountability mechanisms are available; How this development ties into the 2030 Agenda for Sustainable Development (especially UNESCAP\u2019s regional roadmap for sustainable development), and ASEAN\u2019s plans for developing their economic community. The project should highlight any adverse impacts on vulnerable groups such as women and ethnic minorities (particularly related to migration and abuse of rights). <\/span>Specific tasks include: <\/span>Update existing Aid and Development page on ODM (https:\/\/opendevelopmentmekong.net\/topics\/aid-and-development-assistance\/) to include commercial financing terms, not only development aid terms, as this is crucial to understanding China’s influence and impact in the Lower Mekong Region (LMR) – also will make it easier to link to SCS\/China (<\/span>https:\/\/www.scsglobalservices.com\/china<\/span><\/i><\/a>) <\/span><\/i>pages. Existing Chinese Financial Aid profile (using data from AidData) should be expanded upon to include additional data from other bilateral donors from the region and west to increase comparison. Develop page on infrastructure financing mechanisms – common financing schemes, issues specific to this type of financing, trends in LMR, numbers\/$$$ in LMR. Develop pages on Infrastructure financiers – major players in LMR and their policies (two sub-pages\/sections – one on China and one on everyone else). Develop pages on Infrastructure policies (planning and agreements) – general treatment of policies in LMR, preferred investment in LMR, how this matches with financiers – this will be a good link to SCS\/China pages. Develop pages on Infrastructure regulation – project lifecycle, and how assessments, financing, and other regulatory procedures fit into the project lifecycle. Develop pages on Infrastructure – Relevant Laws. Develop pages on gender impacts of infrastructure development, and a presentation on concerns at each stage of the project lifecycle including specific examples of issues where this has occurred in the region (this is where we can introduce the idea of corporate chain mapping as well and potentially provide an example of a major player in the LMR). Develop relevant blog posts to complement information presented in the above Pages. Develop compelling data visualizations and data stories to convey the messages related to infrastructure development. <\/span>We would like the following: A series of user-ready briefings, written at an appropriate reader level, based on the above topics (\u201cPages\u201d, 1500 words each; exact delineations to be determined dependent on the information and with the assistance of a Mekong Region-based ODM editor); A series of relevant blog posts, data stories or other data driven presentation (1000 words if written, intended to supplement the neutral information presented in pages); A presentation in Sway (<\/span>https:\/\/sway.office.com\/<\/span><\/a>) or other tool compatible with our system.<\/span><\/p>\n

<\/h1>\n

NRDC<\/b><\/h1>\n

The Natural Resources Defense Council\u2019s China program is supporting the Chinese government in its efforts to devise a comprehensive environmental regime around the Yangtze River, the longest river system in China. The Yangtze River spans multiple provinces and has been historically, economically and culturally central to China\u2019s history and development. However, legal regulations surrounding its environmental management are weak, and questions of pollution, permitting, and watershed regulation remain unresolved. Comparative legal analysis is crucial for the Chinese government\u2019s efforts to understand what has been attempted and accomplished in other jurisdictions around the world. NRDC China proposes this project to prepare a summary of watershed laws in the United States to provide policy support to the Chinese government\u2019s efforts to create a regulatory scheme for the Yangtze River. The team will be tasked with researching the EPA\u2019s general approach to watershed management, as well as specific programs such as the Mississippi River Watershed, the Chesapeake Bay Program and the Great Lakes Program. The project will involve researching these case studies to understand interstate collaboration, federal-state relationships, and the limitations and successes of the EPA\u2019s current ecosystemic approach. Overall, the project will be geared toward informing the NRDC\u2019s involvement in the forthcoming Yangtze River watershed regulation and will be crucial to the NRDC\u2019s policy advising capacities for the Chinese government. The work product will be a substantial research report of case studies on watershed regulations regarding environmental protection and resource conservation, and\/or water scarcity management. This project can be completed over the fall, with a flexible set of deadlines depending on the students\u2019 schedules.<\/span><\/p>\n

<\/h1>\n

Accountability Counsel<\/b><\/h1>\n

Environmental Collaboration and Conflict Resolution (ECCR) is a process whereby neutral, third-party facilitators work with U.S. government agencies and stakeholders using collaboration, negotiation, structured dialogue, mediation, and other approaches to prevent, manage, and resolve environmental conflicts.<\/span> \u00a0A May 2018 <\/span>report<\/span><\/a> from the Federal Forum on Environmental Collaboration and Conflict Resolution identified quantifiable benefits of government use of ECCR \u2013 including cost reduction for taxpayers and the federal government (compared to litigation and unassisted settlement without neutral third parties), improved relationships, and better outcomes that avoided litigation \u2013 and made recommendations on improving the effective use of ECCR, including within the context of federal infrastructure permitting. As advocates who amplify the voices of communities around the world to protect their human rights and environment, <\/span>Accountability Counsel<\/span><\/a> is interested in the scope of ECCR, including which agencies and institutions utilize ECCR, and whether this tool is available for the international communities that we serve. \u00a0We will use this research to inform our case support and advocacy around the use and creation of independent, non-judicial accountability offices<\/span> that receive complaints concerning harm or potential harm caused by U.S. government agencies that engage in international development and export trade promotion. Based on the information gathered, if Accountability Counsel were to advocate for the use of ECCR at USAID, EXIM, and MCC: Who are the key decision makers to approach? What are the key moments to leverage (e.g., Congressional appropriations process, agency rulemaking notice and comment periods, etc.)? Our desired work product would be a clear, concise, and well-written memorandum (not a research paper) that answers the questions above. \u00a0It should also include full citations and a list of potential contacts (with contact information) for Accountability Counsel to interview. An initial draft of the memorandum that addresses the first two sets of considerations (on institutional questions and the ECCR process) by January 15, 2018; A revised memorandum that includes the considerations on advocacy points by March 1, 2018; The final memorandum by April 15, 2018.<\/span><\/p>\n

<\/h1>\n

Business & Human Rights Resource Centre and Advocates for International Development<\/b><\/h1>\n

A growing global community of lawyers and human rights advocates has sought avenues to counter corporate impunity with legal claims against companies for their human rights impacts. The Business & Human Rights Resource Centre (BHRRC) and Advocates for International Development (A4ID) would like to commission a Corporate Legal Accountability Case Review. This review is intended as a digest and short summary of critical lawsuits on corporate accountability, both prominent ones and those that are under the radar and deserve to be further highlighted for the lessons they teach. The research shall demonstrate how victims and civil society actors have sought and succeeded (or failed) to seek remedies against companies for their human rights impacts, analyze why they have succeeded, and lessons that can be learned for the broader community of stakeholders. The focus of the Case Review will be on lawsuits brought against companies across the globe for their adverse impacts on the environment which result in\u00a0<\/span>human rights violations (including, but not limited to the right to life, water, food, and\/or sanitation). The Case Review will: provide an analysis of key lawsuits brought against companies and identify factors in their success and\/or failure; carry <\/span>out in-depth analysis of lawsuits<\/b>, including litigation in diverse regions, to assess key factors in their success (or lack thereof), drawing out evidence-based <\/span>lessons learned<\/b> for practitioners, victims, and policy-makers \u2013 including differences by region; and conduct in-depth analysis of all cases to <\/span>determine the most important barriers to success, and make recommendations<\/b> to overcome them. The desired work product is a research report in the form of a Case Review of a total of 50 lawsuits brought against companies for their adverse impacts on the environment, showcasing a broad range of jurisdictions, geographic regions and strategies. As indicated above, out of the 50 cases reviewed, five lawsuits will be selected for \u201cdeep dives,\u201d which will highlight the impact of each case (judicial, legislative, social attitudes etc), and the strategic features that each case demonstrates as well as inputs from key stakeholders such as NGOs and\/ or lawyers who were involved in the case. Final product should be done no later than March 2019.<\/span><\/p>\n

 <\/p>\n

2017-2018 PROJECTS<\/strong><\/p>\n

1. AIIB<\/strong>:\u00a0“The Asian Infrastructure Investment Bank (AIIB) is a multilateral development bank (MDB) founded in 2015 by agreement between to bring countries together to address the daunting infrastructure needs across Asia. AIIB offers sovereign and non-sovereign financing for sound and sustainable projects in energy and power, transportation and telecommunications, rural infrastructure and agriculture development, water supply and sanitation, environmental protection, and urban development and logistics. This project anticipates that students will study aspects of the status, privileges, and immunities of the leading MDBs. Based on their research, students will examine how these provisions compare with the privileges and immunities forth in the two UN conventions on the subject. Subsequently, students will also examine judicial decisions at the national level that have interpreted or applied these provisions, and report on differences in content and national treatment.”<\/p>\n

2. NRDC<\/strong>:\u00a0“An effective permitting regime will allow China to adopt a targeted approach to reducing air and water pollution, providing both policy makers and the general public with concrete pollution data to make more closely informed policy decisions. The permitting system will also help improve compliance by clarifying what measures must be taken to bring pollution within mandated limits. This project, which will provide an in-depth analysis of the American permitting system and the experience of American regulators in navigating it\u2014including its operational, monitoring, reporting, record-keeping, public access, and public participation aspects\u2014will help shore up deficiencies in both existing draft legislation and regulatory capacity. The project would include elements such as analysis of the Environmental Protection Agency\u2019s guidelines for permits, the roles states play in implementing those guidelines, and oversight and enforcement mechanisms. It will also demonstrate how the regulatory system has addressed challenges that have arisen, such as how enforcement actions play out when they are contested in court. After outlining the legal,\u00a0regulatory, and procedural framework for pollution permits, the project should analyze these facets through case studies of real-world examples.”<\/p>\n

3. CLDP<\/strong>:\u00a0CLDP\u2019s project on microgrid development in Honduras and Guatemala focuses on improving the legal framework to encourage private investment to develop microgrids. CLDP\u2019s proposal envisions 2 projects: (1) a baseline survey and gap analysis of the current legal and contractual framework in Honduras and Guatemala and (2) a reference guide of different solutions to encourage microgrids around the world. Students will assist CLDP in development of the reference guide. For the reference guide, the students will examine case studies from around the world and examine the legal frameworks that have allowed or prevented microgrids from working. From the case students, the students will distill what type of legal rules or incentives work in different environments. In this sense the guide will be similar to a toolkit. For the survey and gap analysis, Spanish language skills will be useful as much of the documentation may only be Spanish.<\/p>\n

4. PILPG<\/strong>:\u00a0“PILPG requests a memorandum analyzing what international law says with regards to states\u2019 obligations to respond to outbreaks of disease, particularly in situations involving active conflicts. The memorandum should assess what obligations states and governments have to respond to infectious diseases affecting their citizens\u2014including those in displaced persons camps and areas where governments deny humanitarian access\u2014and whether a government\u2019s refusal or failure to respond such an outbreak could create legal liabilities for the government. The memorandum should further analyze whether the GoS\u2019s efforts to obfuscate the cholera issue and deny aid to only particular reasons could create additional violations of international law or other legal obligations.”<\/p>\n

5. IDLO<\/strong>:\u00a0The 47 least developed countries (LDCs) are the world\u2019s poorest countries and typically they, and\u00a0much of their private sector, do not have the human and financial resources to participate effectively in investment-related negotiations and secure the most favorable results for their\u00a0economies and people.\u00a0The scope of the project will be to comment on the core elements in an investment treaty, for example, the definition of investment, investor, expropriation, fair and equitable treatment, full protection and security, MFN, etc.\u00a0 Students will work to take each of these elements and examine the different “models” that have been adopted by different countries in negotiating investment treaties and comment on the consequences<\/p>\n

6. MBI:<\/strong> Lessons from Economic Law Reform Experiences of Developing Countries (for Myanmar)<\/em><\/p>\n

\u201cThe proposed research project will examine how developing economies in Asia reformed their legislative frameworks for business to seek foreign direct investment (FDI) and develop their economies.\u00a0 The aim is to understand the priority and order of legislative reform undertaken to support economic liberalisation and development, particularly in the context of countries which transitioned from centrally planned economies.\u00a0 A secondary aspect of the research would be to understand the nature and scope of development assistance received by those countries in such legislative reform projects.\u00a0 Countries such as Vietnam, Indonesia, Nepal and India would be good case studies (other jurisdictions can be included or substituted for these if appropriate).\u201d **Please note<\/strong>: This project will require a somewhat higher time commitment, as all team members will be required to participate in regular calls with the supervising attorney.**<\/p>\n

7. CPI- <\/em><\/strong>AI and Access to Justice in Emerging Markets<\/em><\/p>\n

\u201cThe Centre for Public Impact is investigating the way in which artificial intelligence (AI) will change outcomes for citizens. We are interested in how the emerging tools can reshape the way in which governments reach existing decisions as well how it can reshape government itself\u2028We think AI will reshape government in two ways. Firstly, it will change the speed, reliability and quality of existing government outcomes. Secondly, it will allow us to rethink the way in which government itself is structured. As the landscape rapidly changes around it, government needs to think about these issues now or it risks missing out on the significant benefits this technology offers.\u2028There are, of course, significant risks for governments to mitigate when implementing these tools. How will the quality of the outcomes be verified? How can we be sure that the data used to fuel the outcomes is valid? How can the government ensure the security of the tools and their underlying datasets? And what can we do to control these tools?\u2028As part of a project with Harvard LIDS, the CPI would like to investigate the way in which AI will impact the delivery of government outcomes in developing economies. Of particular interest is the way in which these emerging technologies can increase access to justice through democratised legal knowledge and transparent decision making procedures. The students would be asked to produce a comparative analysis of the existing uses of AI in developed economies and provide recommendations on the way in which these technologies can be deployed in developing economies.\u201d **Please note<\/strong>: This project will require a somewhat higher time commitment, as all team members will be required to participate in regular calls with the supervising attorney.**<\/p>\n

 <\/p>\n

2016-2017 PROJECTS<\/strong><\/p>\n

1. Acumen Fund<\/strong><\/div>\n
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LIDS aided a prominent impact investing firm with its expansion analysis by mapping the legal investment landscape for a handful of countries in East Africa.<\/div>\n
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2. Baylor College of Medicine International Pediatric AIDS Initiative (BIPAI)<\/strong><\/div>\n
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A strong LIDS team, spanning several graduate programs, conducted a thorough analysis of the legal and ethical implications of using drones for medical product transport in sub-Saharan Africa for humanitarian purposes.<\/div>\n
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3. Habitat for Humanity International<\/strong><\/div>\n
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LIDS conducted a comparative analysis of land security in Honduras and Kenya, to aid in Habitat for Humanity’s housing initiatives.<\/div>\n
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4. One Acre Fund<\/strong><\/div>\n
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LIDS analyzed a range of legal and regulatory systems in order to provide recommendations for additional target countries to a large social enterprise operating in Africa that helps increase smallholder farmer’s income.<\/div>\n
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5. Public International Law and Policy Group (PILPG)<\/strong><\/div>\n
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LIDS conducted a study of transitional justice strategies to identify lessons learned and opportunities for application in the MENA region.<\/div>\n
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6. Natural Resources Defense Council China (NRDC)<\/strong><\/div>\n
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LIDS carried out a study on the development and evolution of US federal, state and local laws dealing with toxics cleanup and remediation, identifying ways in which these laws could be adopted to the China context.<\/div>\n
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7. Tierra Digna<\/strong><\/div>\n
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The LIDS team aided an NGO dedicated to conservation in Colombia by studying ways in which it might leverage bilateral investment treaties and trade agreements to fight for environmental protections.<\/div>\n
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8. Harvard Professor Bhabha and the FXB Center for Health and Human Rights<\/strong><\/div>\n
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LIDS performed a first-of-its-kind assessment of the US-Romani child population and their reasons and means of entering the US. Students partnered directly with a Harvard professor to conduct original research and conducting interviews.<\/div>\n
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9. Undisclosed client<\/strong><\/div>\n
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LIDS reviewed and offered recommendations for improving Iraqi procurement policies, with the aim of increasing foreign direct investment.<\/div>\n

 <\/p>\n

SPRING 2016 PROJECTS<\/strong><\/p>\n

1. Public International Law and Policy Group (PILPG): Analysis of Burma\u2019s Extractive Industry\u00a0<\/strong>Regulatory Framework Against Extractive Industries Transparency Initiative<\/strong>\u00a0(EITI) Standards<\/strong><\/p>\n

The LIDS team will write a legal memorandum analyzing existing Burmese legislation regarding extractive industries against the standards set forth by the Extractive Industries Transparency Initiative (EITI). In the lead up to its first EITI report, Burma has implemented economic and political reform throughout its extractive industries regulatory framework. The memorandum will explore how Burma has complied with the EITI Principles and Requirements, specifically effective oversight by multi-stakeholder groups, the timely publication of EITI reports that provide contextual information on Burma\u2019s extractive industries, full government disclosure of extraction-related revenue, and a credible insurance process in implementing international standards. As many civil society organizations remain skeptical about the government\u2019s commitment to ensure transparency and a safe environment for civil society participation, the memorandum will also address the government reporting requirements and level of civil society involvement in the reform process. Finally, it will analyze the context of reforms in Burma and provide recommendations on how Burma may continue to move towards becoming EITI compliant.<\/p>\n

2. Commercial Law Development Program (CLDP) \u2013 Community Development Agreements for the Extractive Industry in Afghanistan<\/strong>\u00a0<\/strong><\/em><\/p>\n

The LIDS team will continue the work from the fall 2015 project, focusing on researching Community Development Agreements (CDAs) in the context of Afghani extractive projects and compiling their findings into a guidebook to be used by local stakeholders. This guidebook includes a cost-benefit analysis of CDAs for extractive projects, including mining, with reference to the usage of these agreements by communities in nations such as Chile and Colombia; the ideal provisions of an effective CDA; research and market analysis of various international mining companies and their adherence to international labor standards in conjunction with their reliability and experience working in post-conflict countries; corporate accountability in the context of resource extraction in Afghanistan, with a focus on the track records of local extractive businesses in supporting labor rights and the economic development of communities; and the necessity and viability of an umbrella organization for Afghani civil society organizations involved with issues in the extractive industry.<\/p>\n

3. iJustice\u00a0\u2013 Regulatory Barriers to Low Cost Private Primary and Upper Primary School Education in India<\/strong><\/em><\/p>\n

The LIDS team will map all regulations applicable to private primary and upper primary school education (entry level to Class VIII) accross all states (and Union Territories) in India. The team will help to update\u00a0iJustice’s existing Matrix, which seeks to evaluate state regulation in light of the Right to Education Act. The final research report will focus on indicators such as teacher salary norms, fee control, recognition\u00a0norms, admission procedure norms, and the procedural ease of opening up a school. It will also examine statutory schemes and work with\u00a0iJustice\u00a0to identify best practices.<\/p>\n

4. Natural Resources Defense Council (NRDC) – Analysis of Selected International Environmental Public Interest Litigation Cases: Lessons Learned to Inform Chinese Lawyers and NGOs<\/strong><\/p>\n

The LIDS team will produce a compendium of precedent setting international Environmental Public Interest Litigation (EPIL) cases brought by NGOs. Students will conduct research on international EPIL cases, particularly within the United States, summarizing lessons learned and tailoring analysis to an audience of Chinese NGOs and lawyers who are involved in EPIL and legal advocacy. Students will also briefly introduce and summarize the current challenges and opportunities facing EPIL in China, which will inform the case selection and analysis process of the compendium. The final product may be distributed to NGOs, Chinese judges, and other relevant stakeholders in government and business, and will serve as a basis for media distribution for channels that have high readership by environmental lawyers.<\/p>\n

5. World Resources Institute (WRI) –\u00a0LandMark, the first online map-based platform of the world\u2019s indigenous and community lands.\u00a0<\/strong><\/p>\n

The LIDS team will contribute to the Land and Resource Rights (LRR) initiative at the World Resources Institute (WRI), conducting research on the security of community land rights. The project will contribute to LandMark (http:\/\/www.landmarkmap.org\/<\/a>) and will build on the pilot research conducted by LIDS in the Fall of 2014. LandMark is the first online, interactive global platform to provide precise maps and other critical information on lands that are collectively held and used by Indigenous Peoples and local communities. The global platform is designed to help Indigenous Peoples and communities protect their land rights and secure tenure over their lands. LandMark currently provides information at two scales\u2013community level and national level\u2014allowing users to compare the land tenure situation across countries and within countries. One set of national-level data layers –\u00a0Indicators of the Legal Security of Indigenous and Community Lands<\/u>\u00a0–\u00a0provides a snapshot of the legal security of indigenous and community lands based on a review of national land and natural resource laws for each country. The LIDS team research will involve conducting reviews of national legislation (constitutions, land laws, court rulings, etc.) and advanced bills in Europe, Asia and Latin America to measure and collect information on a set of 10 indicators (see LandMark for the Indicators and Guidelines for researchers). The indicators and associated scores serve as a critical step towards the goal of a global view of community and indigenous land security.\u00a0WRI\u00a0will work with the LIDS team to select the countries for analysis. When cross-checked for accuracy, the findings of the LIDS team research will be posted on LandMark.<\/p>\n

6. Transparency International – Quantifying the Harm from Grand Corruption on the people of Panama<\/strong>
\n<\/em><\/p>\n

The LIDS team will examine the social damages and human rights violations arising out of\u00a0the grand corruption allegedly committed by a high level figure in Panama, who was said to have built a state within the state–a parallel structure dedicated to looting public resources using direct contracts and rigged tenders.\u00a0The goal of the project is to prepare a research report that would detail the methodology used to quantify the social harm arising from grand corruption. It would also examine direct and indirect economic harms caused to citizens in this country, both in the monetary loss of public revenue, as well as non-monetary loss in associated human rights violations. The scope of allegations and criminal offenses prosecuted would be defined in the course of the research. The final report could eventually be used in a possible civil damages action.<\/p>\n

FALL\u00a02015 PROJECTS<\/strong><\/p>\n

1. Accountability Counsel and Inclusive Development International (IDI) – Realizing the Right to Redress: Financing Corrective and Restorative Measures in International Development Finance<\/strong><\/p>\n

The LIDS team will conduct research and develop innovative and practical approaches on closing the accountability gap and operationalizing the right to redress, specifically through financial vehicles. The goal of the project is to develop a policy paper that explores (1) options for financing redress and (2) procedures for administering funds for corrective and restorative measures that remedy the harms that have occurred. Researchers should identify the specific leverage points that civil society could use to encourage DFIs to support these options and procedures, keeping in mind the advantages\/disadvantages of each approach on the various stakeholders who are involved.<\/p>\n

2. National Resources Defense Council (NRDC) <\/a>\u2013 Marine Ecological Damage by Oil Pollution: The BP Deepwater Horizon Disaster and International Cases to Advise China<\/strong><\/p>\n

The LIDS team will produce a 30-50 page compendium of US and international experience in marine law based on case studies related to the BP Deepwater Horizon Disaster and other international case studies. This compendium should also include a thorough analysis of relevant policies, regulations, legal processes, and agencies including the Oil Pollution Act, the Clean Water Act and the role of the National Oceanic and Atmospheric Administration etc. This memo will be used by the NRDC in advising Chinese lawyers, judges, NGOs, research institutions and government officials on international legal practices and experience in marine ecological damage by oil pollution.<\/p>\n

3. Harvard Law School Project on Disability (HPOD) <\/a>– Incorporating Disability Rights into the Sustainable Development Goals (SDGs)<\/strong><\/p>\n

This LIDS team will work with HPOD, and through it, with Special Olympics, and UNICEF to help develop possible indicators focused on disability rights intended to measure implementation of the SDGs. The team may also work with HPOD and authorities in one country selected as a test case to refine their domestic program for addressing development and disability, in hopes that this case may serve as an example for other countries looking to develop complementary national indicators on disability rights for the implementation of the SDGs. Students will research the drafting of the SDGs and possible indicators and prepare background memoranda and materials for submission, including possibly to appropriate UN bodies and perhaps also in conjunction with this fall\u2019s G-20 meeting.<\/p>\n

4. Public International Law & Policy Group (PILPG)<\/a> – Incorporating Customary Land Tenure into Domestic Legal Frameworks in Burma <\/strong><\/p>\n

The LIDS team will work to develop a core elements memorandum analyzing the mechanisms that may be used to incorporate customary land tenure into domestic legal frameworks, particularly tuned to a context such as Burma, where land grabbing, for development and construction purposes, is an ongoing problem. This memorandum will draw on regional examples and emphasize how states have implemented these mechanisms to balance customary rights against development priorities. Areas that the research may address include institutional frameworks for land administration and management, communal land registration mechanisms and processes, land transfer mechanisms, and land dispute resolution mechanisms. The project will also include research and writing specifically on Burma, including background on customary land tenure practices and any mechanisms currently used within Burma to regain confiscated lands that are subject to customary land tenure practices.<\/p>\n

5. Community Development Agreements for the Extractive Industry in Afghanistan<\/strong> –<\/p>\n

The LIDS team will focus on researching Community Development Agreements (CDAs) in the context of Afghani extractive projects and compiling their findings into a guidebook to be used by local stakeholders. This guidebook would include: A cost-benefit analysis of CDAs for extractive projects, including mining, with reference to the usage of these agreements by communities in nations such as Chile and Colombia; the ideal provisions of an effective CDA; research and market analysis of various international mining companies and their adherence to international labor standards in conjunction with their reliability and experience working in post-conflict countries; corporate accountability in the context of resource extraction in Afghanistan, with a focus on the track records of local extractive businesses in supporting labor rights and the economic development of communities; and the necessity and viability of an umbrella organization for Afghani civil society organizations involved with issues in the extractive industry.<\/p>\n

6. Open Society Justice Initiative <\/a>– Information to End Impunity: Access to Information Concerning Human Rights Violations in Latin America<\/strong><\/p>\n

The LIDS team would work to generate summaries on the state of law and relevant resources regarding the implementation of the right to truth in specific countries in Latin America. The focus of the project will be on three issues: (1) what showing is necessary to shift the burden of proof in response to an assertion by the state of the inexistence of information; (2) in what circumstances might it be required for a state to generate missing information; and (3) further develop arguments for the declassification of information on national security grounds concerning armed conflict. Spanish-speaking volunteers are particularly encouraged to apply.<\/p>\n

 <\/p>\n

SPRING 2015 PROJECTS<\/strong><\/p>\n

1.\u00a0Natural Resource Defense Council<\/a> (NRDC), China Environmental Law & Governance Project: Learning from the U.S. experience in assessing Chinese climate change legislation<\/em><\/strong><\/p>\n

NRDC is\u00a0an environmental advocacy organization that uses law, science and the support of 1.4 million members to safeguard the Earth: its people, its plants and animals and the natural systems on which all life depends. NRDC\u2019s China Environmental Law & Governance Project\u00a0advises and collaborates with Chinese experts and decision makers to build the legal framework for stronger environmental laws and better enforcement in China.<\/p>\n

The LIDS project will examine examples of U.S. legislation attempting to confront climate change, focusing on regulatory systems, market and technical mechanisms, and systems for monitoring and evaluation. The team will also research the Chinese system and ultimately make recommendations of potentially effective policy applications.\u00a0An immediate objective of this project is to provide background information to support the ongoing development of climate change legislation in China.<\/p>\n

2. Transparency International, Secretariat<\/a>:\u00a0Participation and reparations of victims of grand corruption in international criminal proceedings<\/em><\/strong><\/p>\n

Transparency International is the global civil society organization leading the fight against corruption. Through more than 100 chapters worldwide and an international secretariat in Berlin, Transparency International raises awareness of the damaging effects of corruption and works with partners in government, business and civil society to develop and implement effective measures to tackle it.<\/p>\n

LIDS students will analyze the potential for and mechanisms to allow for victims to participate in trials for grand corruption. This research will entail a procedural element (for example, considering the requirements for a victim to participate) and a substantive element (for example, defining victims of grand corruption). Additionally, the LIDS team will assess the capacity for an international tribunal to award reparations to victims. The final product will be a research paper that includes analyses at both a general and a region-specific level.<\/p>\n

3. Global Organization of Parliamentarians Against Corruption<\/a> (GOPAC): Legal tools for combatting grand corruption<\/em><\/strong><\/p>\n

GOPAC\u00a0is a worldwide alliance of parliamentarians working together to combat corruption,\u00a0strengthen good government, and uphold the rule of law. Based in Ottawa, Canada, GOPAC has 50 national chapters on 5 continents. GOPAC supports its members\u2019 efforts through original research, global anti-corruption capacity building, and international peer support.<\/p>\n

GOPAC seeks to assess the feasibility of enacting laws that place grand corruption under universal jurisdiction, and of establishing additional international mechanisms\u2014such as an international anti-corruption court\u2014for prosecuting perpetrators of grand corruption. The final report will include analysis of the feasibility of various measures, recommendations of countries where trials under universal jurisdiction would be most logical, and detailed case studies of particular instances of grand corruption.<\/p>\n

4. Public International Law & Policy Group<\/a> (PILPG): South Sudan National Security Bill<\/em><\/strong><\/p>\n

PILPG\u00a0is a non-profit organization that operates as a global\u00a0pro bono\u00a0law firm to provide free legal assistance to states and governments involved in peace negotiations, advise states on drafting post-conflict constitutions, and assist in prosecuting war criminals.\u00a0\u00a0This project will provide a comparative analysis of South Sudan\u2019s recently adopted National Security Service Bill, which provides the police the authority to arrest, detain, and use force with minimal safeguards. The final work product, a legal memorandum, will include an overview of the bill, an analysis of key provisions in light of similar national security legislation in several African and Asian countries (including Zimbabwe, Ghana, South Africa, and India), and best practices learned from comparative analysis.<\/p>\n

5. Pensamiento y Acci\u00f3n Social<\/a> (PAS): Assessing corporate rights and responsibilities relating to open pit mining in Colombia<\/em><\/strong><\/p>\n

Pensamiento y Acci\u00f3n Social (Social Thinking and Action) is a Colombian nongovernmental organization that works in the areas of human rights and peace, security and protection, and strengthening of social movements. PAS seeks to contribute to the creation of sustainable peace and stability in Colombia.<\/p>\n

This project will assess the legal ramifications of involuntary resettlements due to health impacts of rural communities associated with pollution created by open pit mining in Colombia. Angles to be addressed include corporate responsibilities relating to pollution under environmental laws, human rights law, and contract law, in particular as they relate to human health. The final deliverable will be a legal memorandum outlining both the rights and responsibilities of corporate actors engaged in pit mining.<\/p>\n

6. Niu Fiji: Providing legal and strategy advice to a socially conscious export startup<\/em><\/strong><\/p>\n

Niu Fiji is a for-profit, socially conscious import\/export company. Still in startup phase, the company aims to produce, ship, and sell coconut oil-based products and other agricultural commodities grown in the Fiji islands.<\/p>\n

This project will provide an evaluation of international, Fijian and US legal requirements that affect the company\u2019s ability to produce, move and sell agricultural products in the United States. The goal is to identify different possible legal and business structure(s) that optimize the these functions and to lay out a preliminary strategy. Additionally, the team will advise Niu Fiji on the strategy and legal framework necessary to transition to a worker cooperative or ESOP once the company is sustainably viable.<\/p>\n

7. White Paper on Global Corruption and the Freedom of Information Act:\u00a0Exploring the development of a legal toolkit to reduce bribery in “demand-side” countries<\/span><\/em><\/strong> (continued from Fall 2014 and not recruiting new students for Spring 2015; see below for description)<\/span><\/p>\n

 <\/p>\n

FALL 2014 PROJECTS<\/strong><\/p>\n

1. Afghan Independent Bar Association<\/a> (AIBA):\u00a0Examining and modifying regulatory frameworks to accommodate an expanding legal aid sector<\/span><\/em><\/strong><\/p>\n

The Afghan Independent Bar Association (AIBA) works to promote rule of law in Afghanistan.\u00a0Since it’s founding in 2008,\u00a0AIBA\u2019s main focus has been on increasing its number of registered defense lawyers who can then offer legal assistance and other work\u2014including pro bono\u2014to underserved Afghan citizens. This\u00a0project will help to further this expansion by examining the regulatory frameworks under which AIBA works and suggesting ways to amend that framework in order to accommodate AIBA\u2019s growth. In particular, the project team will examine possible amendments to the Afghan Attorneys Law to ensure the protection of members\u2019 democratic participation rights and amendments that will allow the law to adapt to a larger bar association. Additionally, the project team will compare legal aid regulations in the United States, Germany, and possibly other countries, with Afghan regulations, in order to identify a preferred policy course in Afghanistan. The ultimate deliverable will be a legal memorandum.<\/p>\n

\u00a02.\u00a0International Committee of the Red Cross<\/a> (ICRC):\u00a0Developing analytical methods for negotiation research in humanitarian diplomacy<\/span><\/em><\/strong><\/p>\n

The International Committee of the Red Cross (ICRC) is an independent and neutral organization that works worldwide to provide humanitarian assistance and protection for people affected by conflict and armed violence and to promote the laws that protect victims of war. Frontline negotiation is a core capability of the ICRC and a critical component of the humanitarian diplomacy dimension of the organization. The ICRC therefore requires the development of a clear and scientifically-grounded methodology to capture and analyze the vast experience of ICRC negotiators. This project will involve the refining of available tools for negotiation analysis in preparation for the collection and analysis of negotiation strategies across the ICRC. The initiative will carry out research of existing approaches to capture and analyze negotiations experience, including planning for the database to facilitate the transformation of anecdotal interviews into patterns of practice and to enable the creation of a platform for mutual learning between ICRC negotiators.<\/p>\n

3. morethanshelters<\/a>:\u00a0Creating frameworks to facilitate cross-sector collaboration to develop Al Za’atari Camp (Jordan)<\/span><\/em><\/strong><\/p>\n

morethanshelters is a social business that offers innovative architecture and social design concepts for\u00a0humanitarian needs. They are a key partner of UNHCR in Za’atari Camp in Jordan, where the goal is to create a temporary home for people in distress and\u00a0empower them to help themselves.\u00a0morethanshelters is launching a pilot project;\u00a0the Innovation and Planning Agency (IPA)\u00a0will pool, guide and facilitate resources, expertise and ideas of all\u00a0currently and prospectively involved actors of the Za\u2019atari refugee camp (e.g. refugees,\u00a0UNHCR, other humanitarian agencies, NGOs, Universities, private sector initiatives,\u00a0donors) in order to develop, prototype, test and scale solutions to improve the living\u00a0conditions of 100,000 people living in the camp. This project aims to develop clear\u00a0frameworks and guidelines for different kinds of partnerships. These frameworks will include providing\u00a0a legal framework and a set of legal partnership\u00a0agreements tailored to specific partner segments that help morethanshelters build and assess good partnerships. Ultimately, the\u00a0desired result will be a set of legal documents that address the\u00a0diversity of interests and geographic location of the potential partners. The project will immediately impact the ongoing project discussions with partners at morethanshelters.<\/p>\n

4. Public International Law and Policy Group<\/a> (PILPG):\u00a0Examining state authority over education in post-conflict states<\/span><\/em><\/strong><\/p>\n

The Public International Law and Policy Group (PILPG) works with United Nations representatives, government officials, and key\u00a0stakeholders in post-conflict countries to assist in a variety of transition processes involving law and public policy. In particular, establishing authority over education policy has posed a significant challenge for countries emerging from conflict.\u00a0To assist PILPG in advising its clients on allocating authority over education, this project assesses\u00a0the devolution of authority over education in post-conflict\u00a0federal states. Ultimately, a legal memorandum will be produced that examines the following: the legal framework of post-conflict states\u00a0with regard to levels of government authority over education; allocation of fiscal\u00a0authority for education in federal states; levels of government involved\u00a0in developing educational curricula and basic standards; and the powers and responsibilities\u00a0assigned to autonomous regions with regard\u00a0to developing curricula and training teachers. Case studies covered will be global.<\/p>\n

5. South Pacific Business Development<\/a> (SPBD):\u00a0Researching the issuance of financial instruments in Samoa and the US for a development corporation<\/span><\/em><\/strong><\/p>\n

South Pacific Business Development (SPBD) is a network of Microfinance Institutions working in Fiji, Samoa, Tonga, and Solomon Islands dedicated to eradicating poverty by empowering women in poor rural villages with the opportunity to start, grow and maintain sustainable, income-generating micro-enterprises, build assets, as well as, finance home improvements and childhood education. SPBD serves women living in both rural and peri-urban areas who are vulnerable to the consequences of poverty, including single mothers, the unemployed, minorities, the poor in health, the disabled, the unbanked, minorities, and potential victims of domestic violence. The project will research the potential issuance of 1) SPBD commercial paper in Samoa and 2) SPBD structured notes in the USA to high net worth individuals.<\/p>\n

6. Transparency International <\/a>(TI-Kenya):\u00a0Mapping and analyzing global anti-corruption policies and enforcement in the humanitarian aid sector<\/span><\/em><\/strong><\/p>\n

Transparency International-Kenya (TI-Kenya) has been implementing a Humanitarian Aid Integrity Programme to enhance transparency and accountability in the humanitarian aid sector since 2010. TI-Kenya also leads a network initiative with other TI Chapters on this theme to develop and implement a global strategy to ensure that aid resources are utilized efficiently and for their intended purposes. The objective of the project will be to map and compare existing national anti-corruption policies regulating humanitarian operations and their application\/enforcement in Guatemala, Kenya, Senegal, Pakistan and Zimbabwe. The research will identify best practices in anti-corruption measures for the humanitarian sector as well as gaps and weaknesses compared to an international standard, for each country to consider.<\/p>\n

7.\u00a0World Resources Institute<\/a> (WRI):\u00a0Assessing the security of collective land rights for an online global mapping platform<\/span><\/em><\/strong><\/p>\n

The World Resources Institute (WRI) is a global research organization that spans more than 50 countries. Their work focuses on six critical issues at the intersection of environment and development: climate, energy, food, forests, water, and cities and transport. Governance, finance and business cut across all six issues. The Land and Resource Rights (LRR) initiative at WRI (along with a few other land rights organizations) is launching new research on the security of community land rights. The project will contribute to the development of an online global mapping platform on community lands and indigenous territories. Research conducted by the LIDS student team will be featured as a data layer on the map and serve as a critical step towards the goal of a global view of community and indigenous land security. The work will involve conducting legal reviews of land and natural resource laws and advanced bills in Asia and Latin America to measure and collect information on a set of legal indicators\/questions on the security of collective community land rights, and, if time permits, working with WRI to design an index based on the indicators and calculate the index for each country involved in the research.<\/p>\n

8. White Paper on Global Corruption and the Freedom of Information Act:\u00a0Exploring the development of a legal toolkit to reduce bribery in “demand-side” countries<\/span><\/em><\/strong><\/p>\n

The White Paper will explore the possibility of a legal strategy proposed by contributors to Professor Mathew Stephenson\u2019s Global Anticorruption Blog. Ignacio A. Boulin Victoria, LLM \u201914, and Richard Messick (formerly of the World Bank) propose that civil society groups in the U.S. use the Freedom of Information Act (FOIA) to extract the names or evidence thereof, of the corrupt government officials in the bribery\u2019s \u201cdemand-side\u201d country, from the SEC and the DOJ. The names and information would then be passed to anticorruption civil society in the demand-side country to put pressure on prosecutors to bring a case. The project group at HLS will play the role of both researcher and coordinator. As researchers, the team will explore the legal viability of using FOIA in this way, and perhaps build a \u201clegal toolkit\u201d for U.S.-based attorneys who actually want to test this plan. The team will also coordinate the efforts of partner teams in demand-side countries who will evaluate the legal impact of civil society groups pressuring prosecutors to bring cases against corrupt officials. Additionally, both teams will explore the reverse of this process: sending evidence of corrupt acts\u00a0to prosecutors and activists\u00a0in developed countries in order to spur more supply-side\u00a0prosecutions. Finally, the LIDS team will compile and publish the White Paper.<\/p>\n

 <\/p>\n

SPRING 2014 PROJECTS<\/strong><\/p>\n

1. ABA Criminal Law Section\u2019s International Committee<\/a>:\u00a0Law Enforcement and Police Reform Toolkit<\/em><\/strong><\/p>\n

Most people\u2019s day-to-day interactions with the criminal justice system, especially in developing countries, are with the police. At their best, law enforcement officers keep the peace, protect property, and limit civil and human rights abuses. However, poorly resourced law enforcement agencies with antiquated policies and procedures can lead to the abuse of civil and human rights and undermine police effectiveness. To address this problem, the ABA International Committee of the Criminal Justice Section, with the assistance of the LIDS team, would like to assemble a Law Enforcement and Police Reform toolkit of policies and procedures that could be utilized by law enforcement agencies internationally.<\/p>\n

The toolkit will set out best practices on topics such as professionalization, supervision, recruitment and training of law enforcement personnel, and internal investigation and discipline, among others. The LIDS team will start by examining settlement agreements between the U.S. Department of Justice\u2019s Civil Rights Division and major police departments stemming from the DOJ\u2019s determination under the Violent Crime Control and Law Enforcement Act (Section 14141), that a pattern or practice of systematic civil rights violations occurred. These settlement agreements reflect evolving norms in policing and contain a wealth of knowledge that can be drawn upon by law enforcement agencies seeking to professionalize their forces and modernize their policies and procedures to ensure effective policing which protects civil and human rights. The LIDS team will also identify sources of best practices from other countries and regions and will draft a coherent set of policies and procedures that reflect best practices in effective policing that protects civil and human rights.<\/p>\n

<\/b>2. Center for Civil Society<\/a>:\u00a0Mapping Regulatory Barriers to the Sale, Transport, and Storage of Sugarcane<\/em><\/strong><\/p>\n

This project addresses how regulatory barriers impact smallholder sugarcane farmers in India. Many sugarcane farmers in India face prohibitive barriers and are unable to develop their business and move out of poverty. These barriers include mandatory local quotas, prices ceilings, and bans on exports and come in different forms, such as entry, operational, and exit barriers. The proposed research contends that these barriers are unreasonable restrictions on farmers\u2019 right to livelihood, guaranteed to them in the Indian Constitution. The LIDS team will map these barriers, research the impact of the barriers on the livelihoods of sugarcane farmers, and provide a framing of the legal arguments on how these barriers violate farmers\u2019 constitutional right to livelihood.<\/p>\n

3. Collaborative African Genomics Network<\/a> (CAfGEN):\u00a0Developing Genomic Approaches to HIV\/AIDS in Sub-Saharan Africa<\/em><\/strong><\/p>\n

This project will contribute to the development and integration of genetic and genomics technologies that probe the factors important to the progression of HIV and HIV-TB infection in sub-Saharan African children. CAfGEN<\/i> is working to create a collaborative network that uses genomics approaches to study gene\/environment interactions for HIV\/AIDS. This project will further this objective in three ways: (1) preparing a report addressing the legal, ethical, and societal implications of genomics research and biobank governance with pediatric populations in sub-Saharan Africa; (2) collecting and preparing case summaries and best practices from around the world (with an emphasis on African and developing countries) on ethical and legal policies and procedures for pediatric genomics research and biobank governance; and (3) conducting a textual analysis and assessment of existing CAfGEN<\/i> ethical and legal policies and procedures.<\/p>\n

4. Janaagraha Centre for Citizenship and Democracy<\/a> (Janaagraha): Fiscal Transparency and Accountability in Cities\u00a0<\/em><\/strong><\/p>\n

Janaagraha\u2019s mission is to transform the quality of life in India\u2019s cities and towns. One of its main objectives is to improve transparency, accountability, and participation in Indian urban life. The LIDS team will work with the public disclosure and accountability initiative of Janaagraha\u2014PROOF (Public Record Of Operations and Finance). PROOF believes in the importance of participatory budgeting, meaning citizens actively participate in the annual budgeting process of municipal corporations and all other urban service providers through formal platforms. To this end, PROOF\u2019s on-the-ground work is directly involved with getting urban service providers to produce tangible documents and data sets that are \u201cproof\u201d of sound financial governance. The LIDS team will supplement these efforts by examining fiscal transparency and accountability at a policy level. Specifically, they will first identify top cities in the world for fiscal policy and research their legislation and policy reforms. They will then develop a framework that can be used as a guideline for constructing excellent fiscal reforms in India. Finally, the LIDS team will analyze key legislation in Bangalore, Mumbai, and Surat, highlighting deficiencies and good practices and outlining recommendations for reforms that will make the cities\u2019 financial systems more robust, open, and accountable.<\/p>\n

5. Namati<\/a>:\u00a0Mapping State Recognition of Community Paralegals Worldwide<\/em><\/strong><\/p>\n

Namati works to put the law in people\u2019s hands. Through its global network, Namati is building a movement of grassroots legal advocates who help communities to exercise their rights. In many countries, these legal advocates, also known as community paralegals, are far more accessible, affordable, and effective than lawyers. Paralegals use their training in basic law to pursue creative, practical solutions to everyday justice problems, from stopping a schoolmaster from beating students to persuading the water authority to repair a well. But in countries where paralegals are not formally recognized as service providers, their legitimacy is often questioned, their efforts resisted, and their wellbeing threatened.<\/p>\n

To address this problem, legal empowerment advocates around the world are pushing for legal aid reforms that take a holistic approach to legal services\u2014one that recognizes the work of community paralegals. \u00a0Promisingly, a number of countries have passed legal aid legislation that acknowledges a role for non-lawyers in the provision of justice services. Hundreds of members in Namati\u2019s Global Legal Empowerment Network are now advocating for similar reforms within their respective countries. The LIDS team will inform these efforts by researching which countries have paralegal-friendly laws or regulations, how legal aid systems that provide a role for paralegals are constructed, and the experience of implementing these systems on the ground, from the perspective of both civil society and government actors. This work will fill an urgent need and will be an invaluable resource to practitioners in Namati\u2019s network who are actively advocating for such reforms in various developing countries.<\/p>\n

NOTE: Students proficient in languages other than English are particularly encouraged to apply.<\/em><\/p>\n

6. Public International Law and Policy Group<\/a> (PILPG): Justice Sector Reform in Post-Conflict Societies\u00a0<\/em><\/strong><\/p>\n

Justice sector reform poses a major challenge for countries emerging from conflict and transitioning to democracy. PILPG seeks a report advising such countries on best practices in reforming state-administered prison systems and best practices in transitioning prisons from non-state actors to the state. This includes addressing pressing issues such as the treatment of extrajudicial detainees and mechanisms for monitoring human rights compliance by prison staff. There will also be an emphasis on how post-conflict considerations effect prison reform. Case studies will be global, but with an emphasis on the Middle East and North Africa region.<\/p>\n

7. Qorax Energy<\/a>:\u00a0Renewable Energy Business Development in Frontier Markets<\/em><\/strong><\/p>\n

Qorax Energy is a renewable energy social impact firm currently focused on bringing international power engineering expertise to the Somaliland electricity market. Qorax is poised to rapidly expand their operations, but first they want to ensure that they have the ideal legal structure to ensure optimal capital movement between countries and entities. Qorax currently comprises two separate entities: (1) a renewable energy engineering & micro-entrepreneurship training center, a joint venture with a Somaliland university run as a subsidiary of a U.S.-based non-profit (Qorax Foundation) and (2) a for-profit private company intended to attract capital for the training center\u2019s micro-entrepreneurs and, potentially, larger infrastructure projects to be taken on by core team members.\u00a0 This team will provide advice in defining the legal scope and shape of these two organizations, with a focus on the types of investments and donations they would be attracting in the context of a frontier market.\u00a0 They would also like to know what kinds of cross interactions of ownership stakes and management are permitted between the two entities.<\/p>\n

8. World Resources Institute<\/a> (WRI): Compulsory Land Acquisition Laws<\/em><\/strong><\/p>\n

Land laws, including compulsory land acquisition laws, are currently undergoing reform around the world. WRI\u2019s Land and Resource Rights<\/a> project and The Access Initiative<\/a> are launching new research on compulsory land acquisition, or eminent domain, to identify best practices and inform the development of new laws. For example, these laws should balance the state\u2019s need to protect private property with its need to acquire land for public purposes. The LIDS team will assist these efforts by conducting an assessment of compulsory land acquisition laws, engaging in comparative research on their findings, identifying best practices, and developing a set of policy recommendations for reforms of compulsory land acquisition laws. The research will likely focus on three critical components of compulsory land acquisition: 1) the justification for using compulsory land acquisition; 2) the procedures for exercising this authority; and 3) the compensation provided for property losses. The findings will be part of a broader movement to strengthen community land rights and improve government accountability in the exercise of eminent domain.<\/p>\n

NOTE: Students proficient in Spanish, French, and Portuguese are particularly encouraged to apply. Students with Arabic and Chinese language skills would also be able to make a valuable contribution to the team.<\/em><\/p>\n

 <\/p>\n

FALL 2013 PROJECTS<\/strong><\/p>\n

1. African Capacity Building Centre<\/a> (ACBC): The Legal Framework for\u00a0Humanitarian Border Management<\/em><\/strong><\/p>\n

ACBC is a pan-African training institution run by the International Organization for\u00a0Migration (IOM), based in Moshi, Tanzania that has so far assisted over 40 African states\u00a0in building their immigration and border management capacities. Currently, IOM is\u00a0piloting trainings for immigration and border police officers in the Democratic Republic\u00a0of Congo in a new area called humanitarian border management (HBM). Practically,\u00a0HBM activities aim to improve humanitarian preparedness and responses to protect\u00a0those who cross borders in emergencies as well as to assure the continued maintenance\u00a0of border security affected by migration crisis. Once the courses are finalized, they will\u00a0become part of ACBC\u2019s training portfolio and will be taught to immigration and border\u00a0management personnel in DRC and eventually other countries prone to conflict or natural\u00a0disasters that trigger cross-border population movements. Students will investigate the\u00a0legal framework for HBM by conducting a detailed analysis of relevant human rights\u00a0conventions to determine which provisions are most relevant and thus should be taught\u00a0to and understood by frontline immigration and border police officers. They will also\u00a0consider the overarching framework of state responsibility and obligation to protect\u00a0nationals and, in particular, non-nationals within their territory. Their analysis will then\u00a0be directly incorporated into the training curriculum.<\/p>\n

2. Institute for Liberty and Democracy<\/a> (ILD): Waqf\u2014An Islamic Property Institution\u00a0in the MENA Region<\/em><\/strong><\/p>\n

The Arab Spring offers an unprecedented opportunity to integrate the majority of\u00a0citizens in the Middle East and North Africa (MENA) currently excluded from the\u00a0rule of law and the formal economy. This majority today is more willing than ever to\u00a0join a formal economic system, but they are checked by a variety of obstacles. In its\u00a0research into the region, ILD has come across the waqf property institution in countries\u00a0such as Egypt, Libya, Tunisia, and Morocco. This form of property is limited to certain\u00a0types of philanthropy, is held in perpetuity, and is not susceptible to adverse possession\u00a0procedures. In short, the characteristics of this institution limit the economic use of this\u00a0kind of property. The waqf institution is primarily located in rural areas, and in some\u00a0cases comprises a large percentage of farmland in a country, thereby limiting investment\u00a0in this sector, especially since it cannot be used as collateral for credit. Students will\u00a0analyze the institution of waqf in several MENA countries, including its legal and\u00a0economic implications and how the institution operates in the legal system of the selected\u00a0countries. The students will also verify the effect of this institution on property, and if\u00a0there is any common practice (legal or social) to avoid the consequences once property is\u00a0under this kind of regime.<\/p>\n

3. Lawyers for Human Rights<\/a> (LHR): The Effect of Corruption in the Asylum System<\/em><\/strong><\/p>\n

Corruption can be a very serious obstacle to asylum seekers and refugees who try to\u00a0access services at refugee offices in some countries. For example, they can face requests\u00a0for bribes from security guards in order to even gain access to the office or requests\u00a0for bribes in order to receive certain permits, such as a renewal of a permit. LHR is\u00a0committed to taking some active and practical measures to enable their clients to receive\u00a0services that are not plagued by these corrupt practices. Students will assist LHR in these\u00a0efforts by drafting a policy paper on the effect of corruption in the asylum system and\u00a0how this acts as a barrier for the protection of asylum seekers and refugees. The paper\u00a0will include comparative studies of corruption and mechanisms developed to tackle\u00a0corruption in selected jurisdictions around the world. It will also highlight strategies that\u00a0have been unsuccessful in addressing this problem.<\/p>\n

4. Public International Law & Policy Group<\/a> (PILPG): Managing Spoilers in\u00a0Constitution Drafting<\/em><\/strong><\/p>\n

As one of PILPG\u2019s clients embarks on state building, transitional justice, and constitution\u00a0drafting, there is a high likelihood of rogue actors involving themselves in these\u00a0processes in an attempt to derail, undermine, or influence state progress. Individuals\u00a0and groups with the potential to act as spoilers include armed actors not traditionally\u00a0involved in the political process. These elements seek to act outside of democratic\u00a0channels to promote their interests. As the constitution-drafting process commences,\u00a0it will very likely face opposition from these or other elements that could slow or\u00a0potentially deadlock the drafting process. Political issues that could potentially provoke\u00a0spoiler involvement include future state structure, government structure, the relationship\u00a0between religion and the state, women\u2019s rights, protection of ethnic minorities, and the\u00a0distribution of powers between the executive, legislative, and judicial branches. Students\u00a0will research management strategies for dealing with spoilers in post-conflict situations,\u00a0with a focus on managing spoilers during legislative or constitutional drafting processes.\u00a0A particular emphasis will be placed on examining strategies employed by other post-conflict states for dealing with the challenges likely to be faced in the client country.<\/p>\n

5. New Markets Lab<\/a> (NML): Obstacles Facing Women Entrepreneurs in African\u00a0Agriculture<\/em><\/strong><\/p>\n

NML, formerly TransFarm Africa (TFA, now an initiative of NML), is a nonprofit\u00a0organization dedicated to unlocking economic potential through legal and regulatory\u00a0reform, as a driver of sustainable development. NML works with partners to better map\u00a0and address legal and regulatory challenges in all aspects of the market\u2014improving\u00a0access to land, finance, inputs, services, and markets through targeted tools and\u00a0interventions. NML develops, tests, documents, and ultimately teaches the opportunity-driven methodology that bridges entrepreneurial opportunity at the grassroots level with\u00a0the law and policymaking process. Students will conduct research for the NML regarding\u00a0the legal and regulatory barriers facing women entrepreneurs in Sub-Saharan African\u00a0agriculture. All stages of the agricultural value chain demand individual attention,\u00a0because the lack of access to one component\u2014for example, land or seeds\u2014ultimately\u00a0limits control of the final product and any profits. This project will offer students a\u00a0unique opportunity to research crosscutting issues in international development, at the\u00a0intersection of two essential Millennium Development Goals: gender equality and food\u00a0security.<\/p>\n

6. South Pacific Business Development<\/a> (SPBD): Transformation of SPBD Samoa\u00a0from NBFI to Commercial Bank Status<\/em>\u00a0<\/strong><\/p>\n

SPBD is a network of Microfinance Institutions working in Fiji, Samoa, Tonga, and\u00a0the Solomon Islands. Its mission is to eradicate poverty by empowering women in poor\u00a0rural villages with the opportunity to start, grow and maintain sustainable, income generating micro-enterprises, build assets, and finance home improvements and\u00a0childhood education. It provides clients with a range of training, financial services and\u00a0ongoing motivation so that they can climb permanently out of poverty. SPBD Samoa was\u00a0first established as a NGO in 2000 and became a non-bank financial institution (NBFI)\u00a0in 2010. Students will be involved in helping SPBD Samoa complete its next transition\u00a0into a commercial bank. They will research the requirements necessary to become a\u00a0commercial bank in Samoa. Additionally, the team will look at the benefits of such\u00a0a transformation and the regulatory hurdles that must be met. They will also conduct\u00a0a comparative analysis by examining other microfinance banks that have made this\u00a0transformation.<\/p>\n

7. Vale Columbia Center on Sustainable International Investment<\/a>:\u00a0Analyzing Land\u00a0Deal Contracts<\/em><\/strong><\/p>\n

Investments in land and agriculture can be a springboard for development\u2014or a source\u00a0of corruption, social degradation, human rights violations, and environmental destruction.\u00a0The increasing numbers of large-scale land acquisitions, sometimes known as \u201cland\u00a0deals\u201d or \u201cland grabs,\u201d will affect sustainable development strategies for decades\u00a0to come. These land deals are notoriously opaque, and contracts are rarely publicly\u00a0available. The failure to disclose deal information and contract terms can harm all parties\u00a0involved\u2014from host governments to communities to investors. Currently there is no\u00a0existing online resource that collates and analyzes the limited land deal contracts that\u00a0are publicly available. This is a missed opportunity, as an online repository of land\u00a0contracts that explains the legal and fiscal terms and enables easy comparisons between\u00a0contracts would assist a range of interested actors. Such a database would provide useful\u00a0information to host governments negotiating with investors, to community members\u00a0pushing for better outcomes and greater accountability, and to global advocates and\u00a0development practitioners concerned about increased commercial pressures on land.\u00a0Students will provide crucial and timely support to a groundbreaking effort to compile\u00a0and analyze land deal contracts in an online, searchable, and user-friendly database.\u00a0The LIDS team will also write a complementary memo analyzing the sustainable\u00a0development implications of the set of examined contracts.<\/p>\n

8. White Paper with the Harvard Law School Project on Disability<\/a> (HPOD)<\/strong><\/p>\n

Comparative Study of Inclusion in Early Childhood Education (under the direction of\u00a0Professor Alford and Dr. Cui Fengming)\u00a0HPOD\u2019s work includes advising governments, disabled persons organizations, and other\u00a0actors in Asia on legal and policy issues related to inclusion in early childhood education.\u00a0LIDS students are invited to assist HPOD by researching best practices, especially (but\u00a0not exclusively) in developing nations on three interrelated topics. They are: (1) the\u00a0legal, economic and social rationale for inclusive early education; (2) the rights and\u00a0roles of parents of children with disabilities in determining their schooling; and (3) how\u00a0responsibilities for early childhood education are divided between state and society, and,\u00a0within governments, between various entities. For each topic, students will be asked to\u00a0identify, research and write about particularly useful examples in order to provide HPOD\u00a0with a comparative perspective that can inform its work.<\/p>\n

 <\/p>\n

SPRING 2013 PROJECTS<\/strong>
\n<\/strong><\/p>\n

1. \u00a0Institute for Liberty and Democracy<\/a> (ILD):\u00a0Water Rights and Conflict Resolution<\/i>
\n<\/b><\/p>\n

ILD, based in Lima, Peru, researches, designs and implements strategies and projects for business formalization and institutional reform. In 2009, there were massive riots in Bagua in the Peruvian Amazon, stemming from the lack of property rights and economic exclusion of the native peoples. There are currently over 250 social conflicts in Peru and the legal tools for development are still out of reach for indigenous communities. Chief among these conflicts is water, water use rights, and the weak institutional frameworks for water management. LIDS students will conduct comparative research on water management and conflict mitigation to identify how strong institutional frameworks for water management can help resolve and avoid conflict, focusing on local decision-making and best practices. Students will create a set of recommendations for an inclusive legal framework for water management that would permit a reduction of social conflicts and create opportunities for indigenous people to protect their territories from environmental degradation.<\/p>\n

2. \u00a0Instituto Alana<\/a> and ANDI:\u00a0Public Health and Food Advertising to Children<\/i>
\n<\/b><\/p>\n

ANDI, a news agency for children\u2019s rights, is one of the leading NGOs in Latin America working at the intersection of media and development. Together with Instituto Alana, these organizations are addressing serious public health issues central to development. The Children and Consumerism project promotes critical awareness about product and services consumption practices by children and teenagers in Brazilian society. LIDS students will work with this organization to analyze food marketing to children, focusing on regulating advertising to children for foods with high levels of salt, fats and sugars, and beverages with low nutritional content. Students will conduct comparative research to examine the self-regulation initiatives as compared to government regulation initiatives in an effort to identify the most effective policies for addressing Brazil\u2019s nutritional issues and obesity epidemic that affects 15-30% of the children in Brazil. This work will cause a significant impact on the quality of life for today\u2019s children and for future generations.<\/p>\n

3. \u00a0Millennium Challenge Corporation<\/a>:\u00a0Methodology for Legal System Impact Evaluation<\/i>
\n<\/b><\/p>\n

Since 2005, MCC has assisted land tenure reform projects in 12 nations, mostly in sub-Saharan Africa.\u00a0 All projects have had the goal of strengthening landholding rights of small farmers or poor urban households. \u00a0Several of the projects have made physical and operational improvements to registry offices, trained their staff, and assisted the governments to draft and adopt new laws, regulations and policy declarations.\u00a0 Each project has anticipated that these actions would provide landholders with more secure tenure and would encourage and enable them to engage in transactions, invest, seek credit, increase productive use of their land and improve their living conditions. \u00a0To gauge the true impact that these reforms have had, MCC is engaging Orrick and LIDS to develop a methodology for monitoring and evaluation to see if the benefits are, in fact, being realized.\u00a0 This will involve developing a method of legal system impact evaluation for the activities of land reform legislation, regulation and policy, land tenure \u201cformalization,\u201d and land registry improvements for 3 specific countries, and extracting general learnings for evaluating other legal land tenure reforms.<\/p>\n

4. \u00a0Nanubhai Education Foundation<\/a>:\u00a0Legal Analysis of India\u2019s Right to Education Act<\/i>
\n<\/b><\/p>\n

The primary mission of Nanubhai Education Foundation is to improve the quality of English language instruction in rural primary schools in India by empowering teachers with the knowledge and skills necessary to effectively teach in challenging, low-resource environments. \u00a0To develop a plan for its future growth, it is imperative that the Foundation understand the impact of India’s Right To Education Act (RTE), 2009, particularly on teacher training, teacher certification, and any other aspects of the law related to its mission. \u00a0Students will focus on preparing a policy analysis of how this new law impacts all stakeholders in the educational field in India, specifically teachers, teacher training institutes, government schools and NGOs.<\/p>\n

5. \u00a0Open Society Justice Initiative<\/a> (OSJI):\u00a0Freedom of<\/i> Information<\/b><\/p>\n

The Open Society Justice Initiative uses law to protect and empower people around the world. Silence and secrecy are two of the most powerful tools that governments can employ to mute critics and cloak their actions from public scrutiny. The Freedom of Information\/Expression program works to uphold the right to speak and to know in order to support public involvement in government and accountability, and to challenge corruption and human rights abuses. OSJI has developed a website to promote FOI advocacy as a resource for lawyers and law-makers around the world (1) by providing access to best practices in law from varied jurisdictions, and (2) by sharing successful campaign and litigation strategies. LIDS students will collect and prepare summaries of cases from around the world on the right to information. These reports will be published on right2info.org<\/a> for use by practitioners internationally.<\/p>\n

6. \u00a0TransFarm Africa<\/a>:\u00a0Mapping Trade Opportunities for the Agricultural Sector<\/i>
\n<\/i><\/b><\/p>\n

African agriculture holds great untapped development potential, and entrepreneurs from Africa and around the world are increasingly flocking to opportunities in the African agricultural sector.\u00a0 Yet, the legal and regulatory environment in Africa is notoriously complex and can sometime present insurmountable barriers for these entrepreneurs.\u00a0 TransFarm Africa, in collaboration with Dr. Cesar Hidalgo of the Media Lab at MIT and Harvard Kennedy School and creator of the \u201cProduct Space\u201d methodology, is helping to develop the \u201cPolicy Space,\u201d an interactive data visualization tool meant to make the policy environment facing different industries in different countries more transparent and easier to navigate for entrepreneurs on the ground.\u00a0 As a first step in designing the Policy Space tool, LIDS will support TFA to identify and map nascent opportunities for a handful of products in the Tanzania and Rwanda agricultural sectors and the relevant laws, regulations and policies impacting them.\u00a0 More specifically, students will be conducting research and fact finding on trade laws, investment regulations and product-specific certification, registration and safety standards for a number of specific agricultural products.<\/p>\n

7. \u00a0Vale Columbia Center<\/a>:\u00a0Evaluating \u201cStrings\u201d Attached to Foreign Direct Investment<\/i>
\n<\/i><\/b><\/p>\n

Many countries \u2013 developed and developing \u2013 have used performance requirements as a tool to maximize the potential benefits of foreign direct investment (FDI).\u00a0 Governments can impose performance requirements on multinational enterprises (MNEs) as a mandatory condition for establishing an investment, or can impose the requirements as a condition for the MNEs\u2019 receipt of an advantage such as a tax break; and they do so in order to further a variety of development objectives. Although performance requirements have been shown to be important tools for countries to advance their sustainable development goals, not all such measures are equally successful.\u00a0 And some have even been shown to have the perverse effect of frustrating development goals.\u00a0 This project seeks to address that issue by using research and interviews to produce a paper on the types of performance requirements, specifically to facilitate technology transfers, which countries may want to use (or avoid using) in order to fully reap the benefits from investments by MNEs.<\/p>\n

 <\/p>\n

FALL 2012 PROJECTS<\/strong><\/p>\n

\n
\n

1.\u00a0\u00a0\u00a0<\/strong>Center for Civil Society:\u00a0Reforming Bamboo Policy in India
\n<\/em><\/strong><\/p>\n

The Planning Commission of India estimates that bamboo could provide employment to nearly 50 million people, particularly the poorest forest-dependent communities.\u00a0 However, bamboo, which is scientifically recognized as a grass, is classified as a tree in India, and is therefore regulated by legislation banning its harvesting.\u00a0 Center for Civil Society (CCS) has been advocating for reforming the bamboo policy for years and is seeking to investigate the legal status of court pronouncements, allied laws, and ministerial declaration on bamboo in order to take the campaign into Parliament and secure changes including amendments to the current law.\u00a0 LIDS students would research the current legal status of bamboo in the country, conduct comparative research, and suggest key amendments to current legislation.\u00a0 Findings will be summarized in a policy memorandum.<\/p>\n

2.\u00a0\u00a0\u00a0<\/strong>Equal Education Law Centre:\u00a0Increasing Accountability, Transparency and Quality in South Africa\u2019s Education System
\n<\/em><\/strong><\/p>\n

Education districts in South Africa are the main local vehicle for monitoring the education of students and supporting local schools.\u00a0 Yet, these local offices suffer from substantial shortcomings and challenges, many of which can be traced back to the lack of a clear policy framework setting out the roles and responsibilities of district offices and their officials.\u00a0 In exploring ways in which litigation can be used to increase accountability, transparency and ultimately quality in South Africa\u2019s education system, Equal Education Law Centre seeks to understand international best practices of how various government bodies have used local offices to monitor and provide support to individual schools, as well as communicate and respond to concerns expressed by the surround school communities.\u00a0 Students will conduct research on best practices at the district-level to increase accountability and transparency of education delivery and will develop a draft policy proposal to regulate school districts.<\/p>\n

3.\u00a0\u00a0\u00a0<\/strong>Legal Resources Centre:\u00a0Empowering Communities to Assert Their Own Development Path
\n<\/em><\/strong><\/p>\n

LRC is supporting the Working Group on Extractive Industries established by the African Commission on Human and Peoples\u2019 Rights.\u00a0 The Working Group is tasked with, among other things, examining the impact of extractive industries in Africa within the context of the African Charter on Human and Peoples\u2019 Rights.\u00a0 In recent years, there has been an overwhelming tide of large-scale investment by extractive industries, which has resulted at times in the displacement of communities, among other negative aspects, in the name of development of the nation as a whole.\u00a0 This project seeks to answer the question: How can rural and customary communities in Africa (constituting roughly 70% of land space on the continent) resist large scale investment and land grabbing in the name of the development to assert their own path of development?\u00a0 Research will involve a textual analysis of the African charter, assessment of relevant jurisprudence of the African Commission on Human and Peoples\u2019 Rights, and analysis of legal frameworks of selected countries.\u00a0 Findings will be incorporated into the report of the Working Group to the African Commission on Human and Peoples\u2019 Rights.<\/p>\n

4.\u00a0\u00a0\u00a0<\/strong>Open Society Justice Initiative:\u00a0Freedom of Information Comparative Research
\n<\/em><\/strong><\/p>\n

OSJI is working on developing Global Principles of Freedom of Information (FOI) related to national security.\u00a0 As part of this effort it would like to understand the current state of FOI law on an international level.\u00a0 To help in this endeavor, students will collect, categorize and record FOI law from as many countries as possible, and draft a report on the foundational state of right to information law in various countries.\u00a0 The final product will be a memo analyzing the state of FOI law internationally as compared to the principles being proposed by OSJI.<\/p>\n

5.\u00a0\u00a0\u00a0<\/strong>Public International Law and Policy Group:\u00a0Economic Reconstruction and Development
\n<\/em><\/strong><\/p>\n

Post-conflict states have a variety of tools at their disposal to restructure their economy and foster development, which they implement by setting up a legal framework including both constitutional and legislative provisions. Relevant considerations in developing such constitutional and legislative provisions include the adoption of an economic model as well as economic development goals; establishing economic rights and freedoms; and establishing a state\u2019s right to be an economic actor by retaining authority to regulate and control the economy.\u00a0 Students will write a memorandum analyzing these core elements of state constitutional and legislative practice with regard to economic reconstruction and development.\u00a0 Research will be conducted on various states and their practices to inform the process for PILPG\u2019s client- a transitional government in North Africa.<\/p>\n

6. \u00a0 <\/strong>TransFarm Africa:\u00a0Mapping the Legal and Regulatory Environment for Products of Potential in East Africa
\n<\/em><\/strong><\/p>\n

African agriculture holds great untapped development potential, and entrepreneurs from Africa and around the world are increasingly flocking to opportunities in the African agricultural sector.\u00a0 Yet, the legal and regulatory environment in Africa is notoriously complex and can sometime present insurmountable barriers for these entrepreneurs.\u00a0 TransFarm Africa, in collaboration with Dr. Cesar Hidalgo of the Media Lab at MIT and Harvard Kennedy School and creator of the \u201cProduct Space\u201d methodology, is helping to develop the \u201cPolicy Space,\u201d an interactive data visualization tool meant to make the policy environment facing different industries in different countries more transparent and easier to navigate for entrepreneurs on the ground.\u00a0 As a first step in designing the Policy Space tool, LIDS will support TFA to identify and map nascent opportunities for a handful of products in the Tanzania and Rwanda agricultural sectors and the relevant laws, regulations and policies impacting them.\u00a0 More specifically, students will be conducting research and fact finding on trade laws, investment regulations and product-specific certification, registration and safety standards for a number of specific agricultural products.<\/p>\n

7.\u00a0\u00a0\u00a0\u00a0<\/strong>Vale Columbia Center:\u00a0Performance Requirements Facilitating Technology Transfer
\n<\/em><\/strong><\/p>\n

Many countries \u2013 developed and developing \u2013 have used performance requirements as a tool to maximize the potential benefits of foreign direct investment (FDI).\u00a0 Governments can impose performance requirements on multinational enterprises (MNEs) as a mandatory condition for establishing an investment, or can impose the requirements as a condition for the MNEs\u2019 receipt of an advantage such as a tax break; and they do so in order to further a variety of development objectives. Although performance requirements have shown to be important tools for countries to advance their sustainable development goals, not all such measures are equally successful.\u00a0 And some have even been shown to have the perverse effect of frustrating development goals.\u00a0 This project seeks to address that issue by using research and interviews to produce a paper on the types of performance requirements, specifically to facilitate technology transfers, which countries may want to use (or avoid using) in order to fully reap the benefits from investments by MNEs.<\/p>\n

8.\u00a0\u00a0\u00a0<\/strong>Vaxess Silk Innovation:\u00a0Comparative Study of Regulatory Frameworks for Vaccines
\n<\/em><\/strong><\/p>\n

The LIDS team will be doing research for Vaxess Technologies. Vaxess is working to commercialize a patented Tufts University platform technology to stabilize vaccines in silk-based materials so that no longer need refrigeration. Students from Harvard\u2019s Business School, Law School, Kennedy School, and School of Engineering and Applied Science have incorporated Vaxess to take this innovation to market with the aim of making silk-stabilized vaccines widely accessible, especially in developing countries. The LIDS team will add to their efforts by providing Vaxess and Tufts with an overview of the different regulatory frameworks under which they need to seek approval before the product can enter the market.<\/p>\n

9.\u00a0 <\/strong>White Paper on Corruption:\u00a0Developing a Private Right of Action
\n<\/em><\/strong><\/p>\n

The White Paper Model is a new addition to LIDS this year. It will involve researching broader development-related issues and using this research to write white papers that we will publish on our website. This year, LIDS would like to develop a white paper on corruption.\u00a0 The specific topic will involve developing a private right of action to allow individuals who have been harmed by corruption to bring suits in a court of law.<\/p>\n<\/div>\n<\/div>\n

 <\/p>\n

SPRING 2012 PROJECTS<\/strong><\/p>\n

1. World Bank International Corruption Hunter’s Alliance: Compilation of Case Studies of Whistleblowing Laws and Corruption Complaint Mechanisms<\/em><\/strong><\/p>\n

2. TransFarm Africa: African Regional Trade Agreements and the Agricultural Sector<\/em><\/strong><\/p>\n

 <\/p>\n

FALL 2011 PROJECTS<\/strong><\/p>\n

1. \u00a0 Pensamiento y Acci\u00f3n Social \u2013 PAS, and Arbeitsgruppe Scheiwz-Kolumbien \u2013 ASK!<\/strong>
\nThis project will research voluntary business principles, codes of conduct and International Law applicable to extractive industry in general, and mining companies in particular. The objective of this project will be to help ASK and Pas to engage in legal actions with mining companies in Colombia to ensure that such companies adopt practices that are respectful of human rights and environmental issues.<\/p>\n

2. \u00a0Landesa<\/strong><\/p>\n

Landesa (previously Rural Development Institute) has operated in almost 50 countries to work with local governments to advance land tenure rights for the rural poor. It currently has offices in the United States, China, India and Russia with over 100 staff members working around the globe.\u00a0The LIDS team will conduct a comparative study on the best practices and policies of progressive land titling practices for women in five different countries in South East Asia. The study will focus on the legal and regulatory framework for women\u2019s property right, including marital property rights and land registration rights.<\/p>\n

3. \u00a0 Solar Sister<\/strong><\/p>\n

The LIDS team will assist Solar Sister, a US-based NGO that works on female empowerment,\u00a0by conducting research and provide analysis of alternative legal structures for Solar Sister, including non-profit, for-profit, and alternative structures such as hybrid, B Corp and L3C options.<\/p>\n

4. \u00a0 TransFarm Africa<\/strong><\/p>\n

The LIDS team will prepare a memo for \u00a0a non-profit organization based at the Aspen Institute in DC\u00a0on how to expand the sugar industry in East Africa. More specifically, the team will conduct research on national and international law, relevant regional agreements (like COMESA), conduct a policy analysis of regulatory regimes governing sugar production in East Africa and trade in sugar among countries in the region, and the current trade regimes in the US and the EU.<\/p>\n

5. \u00a0 Revenue Watch Institute<\/strong><\/p>\n

The LIDS team will classify different types of licensing regimes employed in the oil sector in a select group of countries. By doing so, they assist RWI to explore whether particular types of licensing regimes correlate with higher returns or more favorable fiscal regimes over time.<\/p>\n

6. \u00a0 Sanergy<\/strong><\/p>\n

The LIDS team would prepare a comprehensive analysis of land rights problems and solutions in urban slums in five developing countries.\u00a0 This work will help Sanergy to better advise micro-entrepreneurs in Nairobi, Kenya on how to secure land and sustained rights in the slums of Kenya.<\/p>\n

7. \u00a0 Public International Law and Policy Group (PILPG)<\/strong><\/p>\n

The LIDS team will help PILPG to assist clients in Bosnia and Herzegovina (BiH) in considering options, opportunities, and potential frameworks for constitutional reform by preparing a memo on European Union standards for state regulation of agriculture.<\/p>\n

8. \u00a0 International Institute for Sustainable Development<\/strong><\/p>\n

The LIDS team will research to find and catalogue investment contracts between mining companies and governments of developing countries.\u00a0 The goal is to establish a publicly accessible database of such contracts that IISD will manage and maintain in order to improve governmental and public awareness of such contracts and their contents.<\/p>\n

 <\/p>\n

SPRING 2011 PROJECTS<\/strong><\/p>\n

1. Public International Law & Policy Group:\u00a0<\/strong>Kenya Decentralization Best Practices<\/em><\/strong><\/p>\n

Following the approval of the new constitution on\u00a0August 4, 2010, Kenya has been moving toward\u00a0the decentralization of power from the central level to county governments.\u00a0PILPG is advising Kenyan government officials, policymakers, and reform institutions on decentralization practices on three levels: political, administrative and fiscal. To help in this process, PILPG requests a\u00a0memorandum which outlines best practices in decentralization and describes the specific legislation put in place to achieve this best practice.<\/p>\n

2.\u00a0<\/strong>Public International Law & Policy Group:\u00a0<\/strong>Transitioning from unitary to federal governance structures in Nepal<\/strong><\/em>
\n<\/strong><\/em><\/p>\n

PILPG advised Nepalese officials regarding a transition towards federal government. LIDS produced a memorandum that chronicles how other states have managed that transition. PILPG requested information regarding initiating, coordinating, and overseeing the shift; processes for devolving power; and sources of conflict or tension associated with the transition.<\/p>\n

3.\u00a0<\/strong>Olivier de Schutter, UN Special Rapporteur on the Right to Food:\u00a0<\/strong>The adequacy dimension of the Right to Food<\/em><\/strong>\u00a0<\/em><\/p>\n

LIDS will assist the UN Special Rapporteur on the Right to Food, Oliver de Schutter, with research for his upcoming bi-annual report on the adequacy dimension of the human right to food and the impact inadequate diets have on non-communicable diseases. The research will be comprised of two sections, part one discussing the role of the private sector in influencing people\u2019s diets, and part two focusing on policies states could adopt to combat the spread of non-communicable, diet-related diseases. The final product will be presented as a well-referenced background note, with a total length of 20,000 \u2013 25,000 words.<\/p>\n

4.\u00a0<\/strong>Sirona Cares:\u00a0<\/strong>Haiti Biofuel Farming and Rural Electricity Project<\/em><\/strong><\/p>\n

Sirona Cares is a 501(c)(3) non-profit seeking to establish a fuel company in Haiti. Sirona has proposed that LIDS develop a brief that describes the types of companies that can be established in Haiti including limited liabilities and limited partnerships. Sirona needs information on the differences between American entities of this type and those in Haiti; specifically differences in taxes, management structure and corporate governance.<\/p>\n

5.\u00a0<\/strong>Development Alternatives, Inc.:\u00a0<\/strong>Analysis of Jordan\u2019s International Tax Law Treaties\u00a0<\/em><\/strong><\/p>\n

Since 2009, DAI has been implementing the Jordan Fiscal Reform II Project, a five-year program of technical assistance funded by USAID. As a component of this project, DAI is providing the Jordanian Ministry of Finance with tax policy advice to prepare amendments to the legal framework\u2013both laws and regulation\u2013to foster more efficient and equitable taxation. Included in this realm is the assortment of tax treaties to which the Government of Jordan is a signatory. In this project, LIDS will assist DAI by reviewing, analyzing, and recommending improvements to Jordan\u2019s existing tax treaties, particularly in view of international best practices for treaty design and drafting.<\/p>\n

6.\u00a0<\/strong>Endeavor Global:\u00a0<\/strong>Emerging Market Investment Term Sheet Analysis<\/em><\/strong><\/p>\n

Endeavor is the global nonprofit that pioneered the concept of High-Impact Entrepreneurship in emerging markets, supporting and mentoring 540 local High-Impact Entrepreneurs from 349 developing country companies to date. In order to improve access to capital for emerging market entrepreneurs, Endeavor would like to partner with LIDS to compare key term sheet provisions and analyze key trends from deals executed by leading emerging market investors. Lack of knowledge on practices related to term sheet structure and components is an important road block preventing firms from investing in local emerging market companies. The analysis will enable Endeavor and its partner organizations, including the Latin American Venture Capital Association and the Kauffman Fellows Program, to identify and address common practices that may be slowing down the development of growth capital investing in emerging market countries.<\/p>\n

7.\u00a0<\/strong>Institute for Liberty & Democracy:\u00a0<\/strong>Government policies for adjudicating arable land: A comparative analysis in five developing countries<\/em><\/strong><\/p>\n

A LIDS project team will analyze and the ways in which 5 developing countries are dealing with the pressure exerted by governments and other public or private actors to obtain large tracts of arable land in their territories. In particular, the team will examine examine how their legal frameworks deal with, for instance, the allocation, registration and titling, and protection of land rights, and the creation of investment incentives for land acquisitions. The legal framework should be assessed in terms of meeting the expected economic and social benefits that these transactions are supposed to bring about, such as poverty reduction, unemployment, environmental protection, and food security.<\/p>\n

8.\u00a0<\/strong>Qatar Charity \/ Applied Research Institute :\u00a0<\/strong>The Right to Water in Palestine<\/em><\/strong>\u00a0<\/em><\/p>\n

Qatar Charity is an international NGO that was established in 1992 to build human dignity in the most needy communities around the world. ARIJ is a national research institute based in Jerusalem, formed in 1991, that provides data and research for position papers and policy strategies in Palestine. These two groups have joined together to ask LIDS to draft a research paper on the legal framework related to water distribution in the West Bank and Gaza Strip. In this project, the LIDS team will analyze international human rights law and other international treaties in the context of the right to water in Palestine.<\/p>\n

9.\u00a0<\/strong>International Organization for Migration:\u00a0<\/strong>Protection of Minorities in Iraq\u00a0<\/em><\/strong><\/p>\n

The IOM Iraq Mission was established in January 2003 in response to overwhelming humanitarian need following the collapse of the former regime. In this project, LIDS will work with the mission\u2019s Integrated Capacity Building Program to produce a report that will analyze the problems faced by minorities in Iraq, with specific attention paid to the legal framework available for the protection of minorities. In specific, the team will review norms, regulatory frameworks, proposed law and regulations, and signed conventions that exist in Iraq related to the protection of minority ethnic and religious groups.<\/p>\n

 <\/p>\n

FALL 2010 PROJECTS<\/strong><\/p>\n

1. Root Capital:\u00a0<\/strong>Arbitration in Loan Provisions and Applicable Law<\/em><\/strong><\/p>\n

Root Capital, a non-profit social investment fund, works with small businesses in developing countries to provide capital, financial education, and networking opportunities. This project will follow up LIDS\u2019 spring 2010 analysis of the benefits of arbitration in loan arrangements with small-scale cooperatives in the developing world. Root Capital has asked LIDS to look into the appropriate applicable law for its arbitration provisions in loans made in Latin American and Africa. This team will also evaluate the different commercial arbitral forums available for resolving such disputes and recommend which forum Root Capital should use.<\/p>\n

2. Root Capital:\u00a0<\/strong>Arbitration Locations and Language<\/em><\/strong>
\n<\/strong><\/p>\n

This project will also follow up LIDS\u2019 spring 2009 analysis of the benefits of arbitration in loan arrangements with small-scale cooperatives in the developing world. Root Capital has asked LIDS to determine the effects of language and location on the outcomes of arbitrations involving borrowers and lenders, and make recommendations regarding which language to conduct the arbitrations arising out of disputes from its loans in, as well as where those proceedings should take place. This team will also evaluate the desirability of including an arbitration provision in loan documents in countries that are not parties to the New York Convention or the Organisation for the Harmonization of Business Law in Africa.<\/p>\n

3. International Organization for Migration:\u00a0<\/strong>Methodology for Evaluation of Iraq Land Claims Program<\/em><\/strong>
\n<\/strong><\/p>\n

IOM is the principal intergovernmental organization in the field of migration. IOM provides services and advice to governments to facilitate orderly and humane migration. IOM has a contract with USAID to facilitate the Iraqi Government\u2019s Property Claims Commission (IPCC), which is a government agency charged with resolving real property claims in the post-conflict situation. LIDS will be working with the IOM\u2019s Iraq mission to assist them in developing a methodology to evaluate the success (or lack thereof) of the Iraq Land Claims Program and the success of a post-conflict land restitution program and administrative process, in general. If time permits, the team may also begin to prepare materials to carry out the actual field evaluation.<\/p>\n

4. International Relief & Development:\u00a0<\/strong>Evaluation of Land Rights in Afghanistan<\/em><\/strong>
\n<\/strong><\/p>\n

IRD is a leading international development contractor that works in 40 countries throughout the world, providing $500 million a year in development assistance. IRD plans to begin a project related to land tenure and real estate in Afghanistan. LIDS will assist IRD to lay the groundwork for its project by looking at the current state of land rights in Afghanistan, the Afghan government\u2019s ability to promote land use and development, and provide its opinion on the shortcomings on the Afghan government\u2019s efforts as well as the economic effects of ineffectual land rights.<\/p>\n

5. Public International Law and Policy Group:\u00a0<\/strong>Assistance of Decentralization in Kenya<\/em><\/strong><\/p>\n

Following the approval of a new Constitution for Kenya by referendum on August 4, 2010, PILPG will assist in the design and enactment of legislation which will facilitate the transfer of powers from the national government to county governments. The LIDS team will support PILPG in this work by producing a research memorandum focusing on the purpose of restitution programs and theoretical background in post- conflict reconstruction and develop objective criteria by which to evaluate the success of a post-conflict land restitution program and administrative process.<\/p>\n

6. Institute for Liberty & Democracy:\u00a0<\/strong>Political and Economic Participation of Indigenous Peoples<\/em><\/strong>
\n<\/em><\/strong><\/p>\n

LIDS will prepare a report for the ILD, a leading research institute located in Lima, Peru specializing in institutional reform, focusing on the comparative experience of governments throughout the world in promoting political and economic participation of indigenous peoples. This report will focus on both the legal and policy strategies employed by no less than five countries (including Brazil, Ecuador, Mexico, Guatemala, Sweden\/Norway, Australia, New Zealand, Mali\/Niger and India). The team will also critically evaluate and compare the policies researched.<\/p>\n

7. American Bar Association Rule of Law Initiative:\u00a0<\/strong>Incorporation of Climate Change into Environmental Litigation and Advocacy in Asia<\/em><\/strong>
\n<\/strong><\/p>\n

ABA-ROLI is a public service project of the American Bar Association dedicated to promoting the rule of law around the world. Currently, ABA-ROLI is exploring legal issues related to climate change in several geographic regions, including strategies that lawyers can use to incorporate climate change into their litigation and advocacy efforts on the national, regional, and international levels. To date, such efforts have included local environmental issues such as pollution and natural resource depletion, but have generally not focused on climate change. The role of the LIDS team will be to research and draft a memo that describes major issues related to climate change and legal avenues that environmental lawyers in several regions could use to leverage climate change issues in their litigation and advocacy efforts.<\/p>\n

 <\/p>\n

SPRING 2010 PROJECTS<\/strong><\/p>\n

1. TechnoServe, Tanzania:\u00a0<\/strong>Horticulture Policy<\/em><\/strong>
\n<\/strong><\/p>\n

TechnoServe’s office in Dar es Salaam won a sizable grant from USAID to increase the livelihoods of farmers in various horticultural sub-sectors: avocados, fresh fruits, tomatoes, etc. The Country Director asked LIDS to put together a small team of students dedicated to understanding the relevant issues and prescribing a policy framework for the relevant horticultural sectors that TechnoServe could then propose to the government. The purpose of this project was to help TechnoServe’s Tanzanian office develop a perspective on the types of public policy needed from the government to support TechnoServe’s efforts in the horticultural (fresh fruit and veg.) sector.<\/p>\n

2. Liberian Ministry of Justice:\u00a0<\/strong>Policy Development on Probation and Parole<\/em><\/strong>
\n<\/em><\/strong><\/p>\n

This team worked directly with the Liberian Ministry of Justice, collaborating with a local Liberian lawyer and an American legal fellow on the development of a draft policy to amend and enforce national legislation on probation and parole. The team assessed the existing national legislation governing probation and parole, and conducted a comparative analysis of the effectiveness, context and constraints of regional probation and parole systems in Anglophone African countries such as Ghana, Kenya, Nigeria and Tanzania. The final work product consisted of a concept paper\/draft policy that the Justice Minister could use for pitching the probation and parole policy, and comparative research on other probation\/parole systems.<\/p>\n

3. Root Capital:\u00a0<\/strong>Research into Arbitration and Litigation Mechanisms<\/em><\/strong>
\n<\/em><\/strong><\/p>\n

Root Capital, a non-profit social investment fund, works with small businesses in developing countries to provide capital, financial education, and networking opportunities. In response to these enforceability concerns, Root Capital is considering the use of international arbitration as an alternative to litigation. This team worked to research countries regarding their various arbitration and litigation mechanisms and to provide recommendations on arbitration locations and institutions for each country.<\/p>\n

4. International Rescue Committee, Thailand:\u00a0<\/strong>Research on Program Models for Mobile Legal Clinics and Paralegal Networks<\/em><\/strong>
\n<\/em><\/strong><\/p>\n

While most refugee dialogue in Thailand focuses on the 150,000 refugees in the border camps, there are up to 3 million Burmese in Thailand in urban and often remote rural areas.\u00a0 It is estimated that about 50% of them may have a legitimate claim to asylum.\u00a0 Most have currently no legal status in Thailand, have trouble accessing services, and are extremely vulnerable to various forms of abuse and exploitation, enjoying little or no protection from the law. IRC-Thailand is looking to develop a model to provide legal assistance programming in the refugee\/migrant community outside of the camps. LIDS researched Legal Assistance Models for assistance and access to justice in urban\/semi-urban settings and in situations similar to Thailand, e.g. Kenya, Ecuador, etc. and drafted a memo with regards to the specific jurisdictions and programs researched and recommendations for the situation in Thailand.<\/p>\n

5. International Rescue Committee, Thailand:\u00a0<\/strong>Research on the Effective Measurement of Access to Justice Interventions<\/em><\/strong><\/p>\n

The IRC has been implementing an Access to Justice project (\u201cLegal Assistance Centers\u201d – LAC) for Burmese refugees in three camp sites in Thailand since 2006. The Legal Assistance Center project strategically focuses on improving access to justice and protection of refugees by developing the capacity of the refugee camp leadership and justice system to resolve civil and less serious criminal issues equitably; engaging Royal Thai Government (RTG) authorities on refugee justice issues; and developing the legal knowledge of the community. Throughout this project, it has been necessary to develop tools for the effective measurement of the impact of these kinds of \u2018access to justice\u2019 projects and others of similar nature, and IRC requested that LIDS research Effective Measurement of Impact of access to justice interventions and draft a memo with its findings and conclusions based on research regarding methods for measuring impacts of access to justice interventions.<\/p>\n

6. Nuru International:\u00a0<\/strong>Contract Development<\/em><\/strong>
\n<\/strong><\/p>\n

This team continued to work with Nuru International, a non-profit organization that conducts community development work in Kuria, Kenya.\u00a0 The team developed model contracts, using a base contract that another LIDS team developed in Fall 2009, that Nuru will be able to utilize in developing partnerships with other development organizations.\u00a0 This team built on the work of the previous LIDS team to continue researching national and international norms and regulations that govern these agreements and developed additional model contracts to be used in future negotiations.<\/p>\n

 <\/p>\n

FALL 2009 PROJECTS<\/strong><\/p>\n

1. Nuru International:\u00a0<\/strong>Contract Agreement Drafting<\/em><\/strong><\/p>\n

This team worked closely with Nuru International staff to develop contracts to formalize the current agreements Nuru has with other partner organizations who conduct a variety of development projects in Kuria, Kenya. The team researched best practices in contract drafting as well as national and international norms and regulations that govern these agreements. Deliverables for this project included draft contracts for each of the existing partnerships as well as a framework agreement for the organization to use in future negotiations.<\/p>\n

2. Nuru International:\u00a0<\/strong>Farm-Program Evaluation<\/em><\/strong>
\n<\/strong><\/p>\n

LIDS conducted both an evaluation of the current Nuru farm savings and loan program as well as researched existing best practices and regulations related to regional and village banking systems in the developing world. In addition to providing a thorough evaluation, the team drafted recommendations for Nuru as they consider transitioning the current program into a village bank for the community in Kuria, Kenya.<\/p>\n

3. Technoserve Tanzania:\u00a0<\/strong>Global Policy-Change Approach<\/em><\/strong><\/p>\n

This team worked to develop a global framework that Technoserve offices around the world will be able to use to implement and pursue policy change. The team researched and evaluated approaches taken by other policy and legal NGOs and developed an approach with recommendations for grassroots organization and top-down lobbying.<\/p>\n

4. Technoserve Tanzania:\u00a0<\/strong>Cocoa Policy Reforms<\/em><\/strong>
\n<\/em><\/strong><\/p>\n

The purpose of this proposed project was to assess the policy environment in the Tanzanian cocoa sector and explore opportunities to change it, with a view to improving the viability of the cocoa sector for smallholder farmers. Working remotely from the United States, the LIDS team provided TechnoServe Tanzania with in-depth legal and policy analysis of the issues relevant to the cocoa sector, including: surveying the policy regimes governing the production, planting, grading, harvesting, handling, storage and sale of cocoa in countries around the world, with a focus on sub-Saharan Africa. This project involved research on regulatory regimes and significant economic\/business analysis of different regulatory models.<\/p>\n

5. Advocates for International Development:\u00a0<\/strong>Legal Aid Provision Research<\/em><\/strong>
\n<\/strong><\/p>\n

A4ID is working to create a comprehensive manual that provides information about the status of legal aid provision in developing countries around the world. This team worked to report on a number of countries in order to further A4ID\u2019s mission to facilitate access to free legal aid services to governments, individuals, civil society organizations, etc.<\/p>\n

6. World Learning International Development Programs:\u00a0<\/strong>Contract Agreement Drafting<\/em><\/strong><\/p>\n

This team worked with World Learning staff to develop contracts and agreements that will facilitate their international development work. \u00a0Similar to the Nuru International contract agreement drafting project, the team researched best practices in contract drafting as well as national and international norms and regulations that govern such agreements.<\/p>\n

7. MIT J-Poverty Action Lab:\u00a0<\/strong>Support Research and Programming<\/em><\/strong>
\n<\/strong><\/p>\n

J-PAL is working to introduce water-chlorinators at water supply areas to reduce health problems and improve sanitation in Kenya. This team supported that work through policy research regarding regulations about the distribution of such devices, help with the implementation of policy, and help drafting model contracts related to their work.<\/p>\n

8. Kiva (with Orrick, Herrington and Sutcliffe, LLP):\u00a0<\/strong>National Microfinance Regulations and Strategy Implications<\/em><\/strong>
\n<\/strong><\/p>\n

This team worked with Kiva, a leading global microfinance organization that allows private individuals to make loans online to entrepreneurs in the developing world. Kiva currently works with MFIs in dozens of countries around the world. It is actively trying to understand the laws governing its microfinance activities in each of these states, in an effort to modify its business strategy to comply with the regulatory regime. This team drafted country-specific memos describing the regulatory environment and implications for Kiva. The ‘working team’ included both the LIDS team and attorneys from Orrick, Herrington and Sutcliffe, LLP. Orrick is a leading law firm with substantial expertise in the microfinance sector and a strong track record of pro bono work for development-community NGOs.<\/p>\n","protected":false},"excerpt":{"rendered":"

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