Volunteer as Judges for the FDI Moot 2016 (Memorial Round)

Dear GoT Readers,

This is to alert you to a fantastic opportunity to judge the memorial round for the Foreign Direct Investment International Arbitration Moot 2016. I recently judged the skeleton briefs for the FDI Moot 2016 and loved the experience!

About the Moot:

The FDI Moot is an international moot on international investment law; it is the initiative of the Center for International Legal Studies (CILS)-a non-profit law research, training, and teaching institute, established and operating as a public interest society under Austrian law. Its international headquarters have been in Salzburg, Austria since 1976. Its essential purpose is to promote and disseminate knowledge among members of the international legal community.

Initiated in 2006 by CILS, five institutions came together to establish the FDI Moot as a new international moot court competition focusing on investor-State disputes. As co-founder and organiser,  CILS manages the FDI Moot. The venue for Global Finals rotates among the four other co-founders. Mr Campbell and Prof. Gibson act as co-directors.

Increasing international investment, the proliferation of international investment treaties, domestic legislation, and international investment contracts have contributed to the development of a new field of international law that defines obligations between host States and foreign investors and refers to internationalised procedures (e.g. ICSID) for resolving related disputes. These disputes involve not only vast sums, but also a panoply of rights, duties, and shifting objectives at the juncture of national and international law and policy. The FDI Moot helps future lawyers attain a practical understanding of these issues. The case and hearings offer a unique forum for academics and practitioners from around the world to discuss developments – and assess emerging talents. The FDI Moot spans approximately six months each year in two phases, written memorials for claimant and respondent and the hearing of oral argument. Regional rounds are conducted in the Asia Pacific (Seoul), South Asia (New Delhi), and Africa (Nairobi).

This year, the South Asia regional round of the moot was hosted by Kachwaha & Partners at the Indian Society of International Law in New Delhi in August which culminated in a victory for National Law School of India University, followed by NALSAR University School of Law and ex aquo National Law University Jodhpur and National Law Institute University.

The best advocates were Mehra, Parul (Final) of National Law School of India University and Sriram, Varsha (preliminary rounds) of National Law Institute University. (Full results for the South Asia Regional are available  here: http://www.fdimoot.org/KAP/2016SAResults.pdf)

4 winning teams from South Asia will join 6 from the Asia-Pacific Regional and 2 from Africa along with 48 others participating directly in the Global Finals at the University of Buenos Aires on 3-6 November 2016.

The 2016 edition of the problem involves a potpourri of international investment claims and can be accessed here.

Call for Moot Memorial Judges:

Given that close to 60 teams would be participating in the FDI moot this year, the organizers are looking for volunteers to judge the memorial round of the moot. Although the volunteer position is unpaid, this is a great learning experience for international investment law enthusiasts and a valuable experience to add to one’s résumé. My personal experience of judging the skeleton briefs was that I gained an understanding of the emerging issues in investor-state dispute jurisprudence.

Those available to judge the moot memos between 19th September & 19th October, 2016, should contact the organizers ASAP with a copy of their Curriculum Vitae:

Manuela Ines Wedam at admin@fdimoot.org; Christian Campbell at christian.campbell@cils.org

Unpaid Internships at Ministry of External Affairs for Students and Graduates (1-6 months)

The internship programme provides an excellent opportunity for budding scholars to familiarize themselves with the process of formulation of foreign policy and its implementation by the Government of India.

Nature of Engagement

Interns shall report to and work under close supervision of the concerned Head of Division (HOD) or Head of Mission (HOM)/Head of Post (HOP). They may be required to conduct research, write reports, analyze evolving developments, or carry out any other task entrusted to them by the HOD/HOM/HOP.

Eligibility Criteria for Applying

Internship programme for MEA Headquarters is open to Indian citizens only. OCI card holders will also be considered. Interested Indian citizens, OCI card holders and foreign nationals may apply for internship in Indian Missions and Posts abroad. An intern may be required to work on-site (within Ministry’s premises) or off-site. Off-site internship is not available in Missions/Posts. Candidates for on-site internship should possess a Graduate degree or equivalent before the commencement of internship. Students who are enrolled in a five-year course and have completed three years of the course before commencement of internship may also apply. However, for off-site internships, those enrolled in an Undergraduate course in any stream are also eligible to apply. Preference will be given to applicants having an excellent academic track record and to research scholars.

Duration of Internship

Internship can start at any time of the year and shall be for a period of one to six months. Extension, in exceptional cases, may be granted to a case-to-case basis for intern at MEA Headquarters only.

Support to be Provided

The Ministry shall have the discretion to engage interns on-site or off-site. Thus, an intern may be required to work from within the Ministry’s premises or from outside. Necessary logistical support will be provided to on-site interns taking into account the functional requirements. No financial remuneration shall be paid to the interns. Internship programme shall neither be an employment nor the assurance of any employment with the Ministry.

Internship programme and feedback

The internship programme includes attachment with one of the Divisions in the Ministry. In addition, the internship programme at MEA Headquarters shall include: (i) A briefing session with Administration Division on the structure and functioning of the Ministry; (ii) Visit to Foreign Service Institute; (iii) Session with External Publicity and Public Diplomacy Division; (iv) Session with Investment & Technology Promotion and Energy Security Division; (v) Session with Consular, Visa and Passport Division; (vi) Session with Central Passport Organization; (vii) Session with Protocol Division; (viii) Visit to ICCR; (ix) Visit to MEA Library; etc.

In Missions/Posts, the intern shall have orientation session on the organization and functioning of the Ministry of External Affairs and working of the various Wings of Indian Missions/Posts.

The interns may submit a report on completion of their internship to the Head of Division/Mission/Post. The intern may also submit his/her views and feedback on the internship programme to the concerned Head of Division/Mission/Post. All certificates will be issued by Administration Division based on the recommendation of the Head of Division. HOM/HOPs will issue the certificates in Missions/Posts.

Mode of Application

At MEA Headquarters, the applications may be sent to office of Joint Secretary (Administration) by registered/speed post, at the following address:

Joint Secretary(Administration)
Ministry of External Affairs
Room No.149 A, South Block
New Delhli – 110011.

An advance copy of the application with attachments may be sent by e-mail to jsad@mea.gov.in and usfsp@mea.gov.in. Query, if any, may be addressed to Under Secretary (FSP) at usfsp@mea.gov.in with a copy to jsad@mea.gov.in. Applications duly filled in and complete in all respect with required documents should reach at least one month before the commencement of the internship.

For internship in Indian Missions/Posts, applicants may send their applications to the Head of Chancery by post, at the Mission/Post’s address.

Check List

The application for internship at Headquarters must include the following:

  • Duly filled in Application Form.
  • Copy of at least three documentary proofs of identity which should include copy of passport and Aadhar card in case of Indian nationals and passport, OCI card and National Identity Card in case of OCI card holders.
  • Curriculum Vitae.
  • Introduction letter from the Head of Institution on the official stationery where the applicant studied/studying.
  • No objection certificate from University/Institution in case the internship is to be pursued in parallel with an ongoing course.
  • Self-attested certificates and transcripts for all the accomplishments mentioned in Paras 8, 9 and 13 of Application Form (educational qualifications, current courses being pursued and projects).

The application for internship at Indian Missions/Posts must include the following:

  • Duly filled in Application Form.
  • Copy of at least three documentary proofs of identity which should include copy of passport and proof of residence.
  • Curriculum Vitae.
  • Introduction letter from the Head of Institution on the official stationery where the applicant studied/studying.
  • No objection certificate from University/Institution in case the internship is to be pursued in parallel with an ongoing course.
  • Self-attested certificates and transcripts for all the accomplishments mentioned in Paras 8, 9 and 13 of Application Form (educational qualifications, current courses being pursued and projects undertaken).

Selection Procedure

All applications will be scrutinized in the Ministry by a Selection Committee and intimation will be sent to selected candidates. The Selection Committee may conduct a personal interaction with the applicant and also verify original documents. The decision of the Selection Committee shall be final and binding and no queries shall be entertained after the completion of the selection process. Applicants are advised to apply at least one month before the intended date of start of the internship.

Number of interns in the Ministry

Not more than thirty on-site interns will be engaged by the Ministry at a given point in time. Up to two interns may be engaged by Missions/Posts abroad.

Termination of internship

The Ministry/Mission/Post may terminate engagement of intern at any point without giving any reason, as Ministry deems fit. Ministry’s decision shall be final in this regard. Intern can choose to leave the programme, if she/he so desires, giving prior notice of one week to the Ministry.

Proforma for Application

Please click here to download the Proforma for Application

Source: http://mea.gov.in/internship-in-mea.htm

Call for Papers: TDM Special Issue on the TPP Agreement (Deadline: 30th September, 2016)

Elizabeth Whitsitt, Devin Bray, Julien Chaisse, Tomoko Ishikawa, Joongi Kim, Stephanie Mullen, Donald Robertson and Frédéric Sourgens will be editing a Special Issue of Transnational Dispute Management (TDM, ISSN 1875-4120, www.transnational-dispute-management.com) on the Trans-Pacific Partnership Agreement between Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, the United States and Vietnam.

The Trans-Pacific Partnership (TPP) Agreement is one of three mega-regional agreements that will change the landscape of the international economic order in the coming years. The origins of the historic deal can be traced to the Trans-Pacific Strategic Economic Partnership (TPSEP) Agreement concluded by Brunei, Chile, New Zealand and Singapore in the fall of 2005. Three years later, eight other Pacific-Rim countries began discussions with the members of TPSEP in hopes of concluding a broader deal on trade and investment in the region. After some delay, the 12 participating nations reached agreement on October 5, 2015 resulting in the historic and wide-ranging TPP, subject to national ratification procedures.

Similar to other mega-regional trade deals, state parties to the TPP have pledged to reduce or eliminate tariffs on a wide range of goods and services. The ambitious pact also attempts to establish closer relationships between the Pacific-Rim parties by promoting regulatory coherence and the reduction of non-tariff barriers to trade and investment. TPP chapters on competitiveness, customs administration and trade facilitation, services, investment, regulatory coherence and e-commerce attempt to reduce the burdens placed on businesses operating within the agreement. But, facilitating free trade of goods and services is not the only aim of the TPP. The presence of chapters such as those related to investment, capacity building, development, labour, and the environment underscore the intention of the state parties to balance economic goals with other objectives.

The TPP contains 30 chapters covering topics such as:

  • Cooperation and Capacity Building
  • Customs Administration and Trade Facilitation
  • Dispute Settlement
  • Development
  • E-Commerce
  • Environment
  • Financial Services
  • Government Procurement
  • Investment
  • Intellectual Property
  • Labour
  • National Treatment & Market Access for Goods
  • Regulatory Coherence
  • Rules of Origin
  • SPS Measures
  • State-Owned Enterprises and Designated Monopolies
  • TBT Measures
  • Textile and Apparel Goods
  • Trade in Services
  • Telecommunications

Also similar to other mega-regional trade deals, the TPP has been – and remains – controversial within the polities of its 12 state parties. While the concerns across the trans-pacific region, including those within the automobile, agriculture and technology sectors, typically reflect their own specific economic interests, what remains are passionate and compelling arguments both against and for the TPP. For example, Nobel Prize-winning economist and professor at Columbia University Joseph Stiglitz is reported to consider the TPP may be the worst trade agreement ever negotiated for Canada and has noted its potential to reduce workers’ rights and interfere with the ability of governments to regulate business or to move toward a low-carbon economy (www.cbc.ca/news/business/joseph-stiglitz-tpp-1.3515452). On the other hand, Google supports the TPP as a positive force and an important counterweight to restrictive Internet policies around the world (publicpolicy.googleblog.com/2016/06/the-trans-pacific-partnership-step.html).

The co-editors invite you to explore the legal aspect of the controversy surrounding the TPP by contributing to this special edition with unpublished or previously published articles, conference papers, research papers and case studies addressing the TPP and corresponding issues raised by any of its chapters. For example the following topics raise interesting points for discussion:

  • The convergence or divergence of international trade and/or investment law trends in the TPP.
  • The balance struck within a TPP chapter between measures designed to facilitate international trade and/or investment and a host state’s sovereign right to regulate as a means of achieving legitimate policy objectives, including the protection of human rights, health, the environment, public morals, cultural institutions, the financial sector or intellectual property.
  • Intended and unintended legal consequences of the TPP’s “rules of origin” provisions on local labour markets.
  • The facilitation or impairment of market access for trade in services under the TPP.
  • The treatment of technical barriers to trade, such as labeling and manufacturing standards, or food safety measures under the TPP versus WTO agreements and other mega-regional trade treaties.
  • Supply chain risks and opportunities created by the TPP for multi-national organizations and/or member states and state-owned enterprises.
  • The impact of the TPP on transformative/disruptive technologies or business models and related domestic law.
  • Reconciling member states’ rights and obligations under the TPP with their other international trade and/or investment law treaty obligations.
  • Changes made to various aspects of the investment chapter, including the definition of investment and investor and the scope and application of non-discrimination provisions.
  • Procedural and remedial advantages and disadvantages of the TPP’s dispute resolution provisions as compared to other international trade and/or investment law treaties.

Proposals or papers should be submitted directly to the co-editors.

Contact details here. Please CC info@transnational-dispute-management.com when submitting your materials.

Proposals should be received by September 30,2016. Publication is expected in 2017.

Source: https://www.transnational-dispute-management.com/news.asp?key=1621

ICSID Internships-2016/17 (Deadline: 20th August, 2016)

ICSID offers unpaid internship opportunities to students enrolled in a graduate degree program who are eligible and qualified for an internship (sometimes referred to as an externship) under their University rules and Bank Group requirements. The main objective of the internships is to allow students with an interest in international investment dispute settlement and international investment law to gain a better understanding of ICSID’s work, enhance their academic and career goals and contribute to ICSID’s mission. To this end, the Centre is looking for enthusiastic and energetic candidates who can work effectively in a team-based environment.

Up to four internships are offered every four months, for a minimum period of 12 weeks and a minimum of 10 hours of work per week. The internship periods are September-December, January-April and May-August. The internships take place at the seat of the Centre in Washington, D.C.

Interns will be assigned to case management teams. Under the supervision of experienced ICSID Team Leaders and Counsel, they will assist in the administration of cases and with institutional projects. Case-related tasks may include drafting working papers, carrying out research on issues that arise in the course of a case, assisting with the drafting of correspondence, making logistical arrangements for hearings, and attending hearings with permission from the parties and the tribunal. Interns will also do research on institutional matters under the supervision of the ICSID Secretary-General and Deputy Secretaries-General. Interns are included as part of the teams while at ICSID and are invited to participate in internal training opportunities.

If you are interested in an internship opportunity at ICSID, please see the eligibility and qualification requirements[1]. Applicants are invited to send us a completed application form[2] together with their curriculum vitae to icsidinternship@worldbank.org

The deadline for applications for the September-December 2016 period is August 20, 2016. Interns selected for that term are expected to begin the internship in mid-September 2016.

1. Eligibility and qualification requirements:
https://icsid.worldbank.org/apps/ICSIDWEB/about/Pages/ICSID-Internships-2016-2017.aspx

2. Application form:
https://icsid.worldbank.org/apps/ICSIDWEB/about/Documents/Internship%20Admissions%20Application.pdf