Appel Conference: The Regulation of Foreign Direct Investment



Columbia Law School
Date: Mar. 27-29, 2003


Mar. 27, Thurs. Evening: Welcoming Dinner

6:30-7 p.m. Reception
7-9 p.m. Dinner and Keynote Address

Introduction: David Leebron

Speaker: Dani Rodrik (Kennedy School of Government) "Foreign Direct Investment and Economic Development"

Mar. 28, Friday

9-10:30 a.m.: Choosing the Appropriate Level of Regulation: When is National, Bilateral, Regional, Multilateral, or Self-Regulation Appropriate?

Reuven Avi-Yonah (University of Michigan Law School)(see title of panel)
Curtis Milhaupt (Columbia Law School)(commenting on Avi-Yonah) Merritt Fox (University of Michigan Law School)(commenting on Avi-Yonah)
Sol Picciotto (University of Lancaster, United Kingdom)(linkages among distinct FDI regimes)

10-30-10-45 a.m. Break

10:45 a.m.-12:00 p.m.: Continuation of Morning Session

Ken Cohen (Exxon-Mobil) (corporate self regulation)
Elliot Schrage (Council on Foreign Relations)(corporate codes of conduct)
Todd Weiler (University of Windsor, Canada)(the meaning of ‘fair and equitable' treatment)
Michael Heller (Columbia Law School)(regulatory takings of property)

12:15-1:30 p.m. Luncheon Speaker: Theodore H. Moran, School of Foreign Service, Georgetown University: "When is Foreign Direct Investment Good - or Bad - for Development? New Evidence and New Lessons for Regulators"

1:45-4:30 p.m.: Current FDI Regimes (with break)

Mark Barenberg (Columbia Law School)(‘fair trade' pacts)
Vicki Been (New York University School of Law)(environmental and land use issues)
Mary Hallward-Driemeier (World Bank) (do BITs affect FDI flows?) Cally Jordan (World Bank) (lessons from privatization)
Brian Languille University of Toronto (labor regimes)
Andreas Lowenfeld (New York University School of Law)(‘cutting edge' customary international law)
Dan Price (Sidley, Austin, Brown & Wood) (BITs)

4:30-5:45 p.m.: Drawing Lessons: Moderators: Jose Alvarez (Columbia Law School) and Tamara Lothian (Columbia Law School)

Free Evening

March 29, Saturday

9:00 a.m.- Noon (with break): Legal Practitioners Roundtable: What Matters to the Foreign Investor?
Interlocutors: Hans Decker (SIPA), Tamara Lothian (Columbia Law School), and Katherina Pistor (Columbia Law School)

Kay Boulware-Miller, Merck
Mary Rose Brusewitz, Global Energy and Infrastructure
Elena Popovic, Media Development Fund
André Madec, Exxon-Mobil, Chad Project
Mark Mansour, Keller & Heckmann
Dan Price, Sidley, Austin, Brown & Wood

12:15-1:30 p.m. Luncheon Speaker: Glenn Hubbard (Former Chairman, President's Council of Economic Advisers/Columbia Business School): "A View from the Trenches"

1:45-5:00 p.m. (with break): Student Works-in-Progress and Critiques by Panelists

Draft Student Papers Likely to be Available:

  • Paul Hodgdon: Chilling Effects on National Regulation Posed by NAFTA's Investor/State Dispute Settlement
  • Chris Brummer: Effects of EU Enlargement on US/Eastern European BITs
  • Adam McAnaney: Convergence/Divergence of BIT Substantive Standards Over Time
  • Ayanna Carney: How FDI Can Contribute to Increasing Access to Essential Medicines
  • Gavin Parrish: Applying MFN to Investment
  • Jogendra Ghimire: Tax Policy and the Expropriation Provisions of the NAFTA's Investment Chapter
  • Jennifer Resnik: Corporate Codes of Conduct and FDI Regimes
  • Daniel Kalderimis: The Regulatory Impact of ‘Soft Law' IMF Requirements
  • David Wagner: Argentine Actions Directed at U.S. Banks Resulting From Its Recent Financial Crisis as Potential Violations of CIL and the US/Argentine BIT
  • Claude Roxborough: A Defense of Domestic Content Requirements in the Context of LDCs
  • Elyse Freeman: Whether European Takings Jurisprudence Can Guide the Interpretation of the NAFTA's Expropriation Provisions
  • Sean Bettinger-Lopez: A Proposal for a World Investment Organization
  • Daniel Clough: Towards a Cogent Theory of Expropriation Based on William Williamson's Notion of a Regulatory Contract
  • Brian Miller: Economic Goods and Human Rights: Privatization of Water Utilities in Developing Countries
  • Estelle Sohne: The Impact of Post-Enron Information Disclosure Requirements Imposed Under U.S. Law on Foreign Investors