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LAW, JUSTICE And dEvELopmEnT WEEk 2013

ToWArdS A SCIEnCE of dELIvEry In dEvELopmEnT How Can Law and Justice Help Translate Voice, Social Contract and Accountability into Development Impact?

November 18-22, 2013 1818 H Street, NW Washington, DC

PROGRAM AGENDA

Program Agenda subject to change. For updates, please check www.worldbank.org/ljdweek2013.

Cover photo courtesy of African Development Bank

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Dear Colleagues, Speakers and Participants,

We are pleased to welcome you to the Law, Justice and Development Week 2013, a World Bank Group event organized by the legal functions of the World Bank, International Finance Corporation (IFC), Mul-tilateral Investment Guarantee Agency (MIGA) and the International Centre for Settlement of Investment Disputes (ICSID).

This year’s forum is structured around three clusters of events addressing global, regional and institutional issues:

• Days1and2(November18-19)willexploretheemergingconceptof“ScienceofDeliveryin Development”, in particular how law and justice can help shape it;

• Day3(November20)or“AfricaDay”,co-organizedwiththeAfricanDevelopmentBank,willbedevoted to an in-depth focus on critical legal issues in Africa’s development process; and

• Day4(November21)willexplorecurrentlegal,policyandinstitutionalissuesofcommoninterestto International Financial Institutions (IFIs).

Partner institutions under the Global Forum on Law, Justice and Development will organize dedicated ses-sions, meetings and side events throughout the week including on day 5.

During the week, we aim to contribute to building a strong vision and collaboration through active exchangesamonglawyersfromeachofourinstitutions,colleaguesfromotherdevelopmentorganizations,governmentofficials,academicians,civilsocietyorganizationsandotherexpertsinthefield.

Our sincere thanks go to all partner institutions, panelists, speakers, moderators and colleagues inside and outside the World Bank Group who have devoted their time, insight and enthusiasm to making this week thewonderfullearningandknowledgesharingexperiencewehopeyouwillfindittobe.

We look forward to your active participation.

Anne-Marie Leroy Senior Vice President and World Bank Group General Counsel

Ethiopis Tafara Vice President and General Counsel, IFC

Ana-Mita Betancourt Director and General Counsel, MIGA

Meg Kinnear Secretary-General, ICSID

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Monday, November 18, 2013 – International Conference

Time Preston Auditorium Main Complex 13-121 Main Complex 2-800

9:00 Registration and Coffee

11:00 Preston AuditoriumOpening (Page 10)

Welcoming RemarksAnne-Marie Leroy, Senior Vice President and World Bank Group General Counsel

Opening RemarksJim Yong Kim, President, World Bank Group

Keynote SpeakerAlbie Sachs, Former Judge of the Constitutional Court of South Africa

Live streaming at www.saluderecho.net

12:45 Main Complex AtriumLunch

MC13-121Global Forum on Law, Justice and Development (GFLJD) Partners Working Lunch * (Page 12)


PresenterHassane Cissé, World Bank

2:00 Preston AuditoriumJust Development: How Law and Justice Deliver Development (Page 14)

PanelistsAniruddha Dasgupta, Director, Knowledge and Learning, World BankHasan Tuluy, Regional Vice President for Latin America and the Caribbean, World Bank Pauline Nyamweya, Supreme Court of KenyaStaffan Tillander, Ambassador, Permanent Mission of Sweden to the United NationsModeratorAniruddha Dasgupta, Director, Knowledge and Learning, World Bank

4:00 Health Break

4:155:45

Increasing Voice and Accountability through Transparency: The Role of Data (Page 16)

PanelistsNathaniel Heller, Global IntegrityNicola Smithers, World BankDaniel Kaufmann, Revenue WatchStephanie Trapnell, World BankModeratorMarinus Verhoeven, World Bank

Delivering Effective Social Protec-tion Amidst Diversity (Page 18)

PanelistsRebecca Surender, Oxford UniversitySony Pellissery, National Law School of India UniversityRodrigo Meneses, Center for Research and Teaching in EconomicsModeratorS. Japhet, National Law School of India University

Using Law and Justice to Improve Health Service Delivery (Page 20)

PanelistsVivek Maru, NamatiGibrill Jalloh, Harvard Kennedy School of GovernmentMargaux Hall, World BankModeratorNicholas Menzies, World Bank

6:007:00

Venue: Michael K. Young Faculty Conference Center, George Washington University Law School, 2000 H Street, NW, Washington DC 20052 Reception for Participants Hosted by George Washington University

* You may participate to the above mentioned luncheon session also via web conference, through the following session login link: https://sas.elluminate.com/m.jnlp?sid=2009293&password=M.5B9DA744E8E95DF93FB3F9EEE53232and via phone, through this PHONE CONFERENCE BRIDGE (Toll Free): 1-877-826-6967 [voice] Toll Dial in: +1-303-800-7671 Conference ID: 9737109

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Tuesday, November 19, 2013 – International Conference

Time Preston Auditorium Main Complex 13-121 Main Complex 2-800

8:30 Registration for New Participants and Coffee

9:30 Delivering Justice: Sexual and Gen-der-Based Violence in the Context of Fragility (Page 22)

PanelistsTeresa Doherty, International Association of Women Judges (IAWJ)Barney Afako, Africa Union Panel on Sudan and South SudanSanam Naraghi Anderlini, International Civil Society Action Network (ICAN)ModeratorChristina Biebesheimer, World Bank

State-Owned Enterprises – To Be or Not To Be In Development Projects? (Page 24)

PanelistsEkaterina Kushnareva, IFCPavel Kochanov, IFCAna-Mita Betancourt, Director and General Counsel, MIGAModeratorMeg Kinnear, Secretary-General, ICSID

Improving Service Delivery in Devel-opment Outcomes: Lessons Learned from Human Rights and Develop-ment Interventions (Page 26)

PanelistsKatherine Young, Boston College Law SchoolBen Kiromba Twinomugisha, Makerere UniversityRajeev Malhotra, Jindal Global UniversityPatrice LeNormand, European Commission’s Director-ate-General for Development CooperationIbrahim Wani, OHCHRModeratorsSiobhán McInerney-Lankford, World BankJan Wouters, Leuven Centre for Global Governance StudiesLive streaming at www.saluderecho.net with simultaneous interpretation in Spanish

11:00 Health Break

11:15 Public-Private Partnership with Small Private Operators – Regulating the Public Service by Local Authorities (Page 28)

PanelistsKodjo Nabola-bounou Enoumodji, Environemental Division, City of LoméIra Feldman, Greentrack Cameron Prell, McGuireWoods LLPAlfredo Attie Junior, São Paulo State Court of JusticeModeratorMaïlys Lange, Conseil d’EtatSimultaneous interpretation in French

Cutting-Edge Finance for Women Entrepreneurs (Page 30)

PanelistsPatience Marime-Ball, IFCValerie D’Costa, World BankPatricia Hammes, Shearman & Sterling LLPAslihan Kes, International Center for Research on WomenModeratorRachel Robbins, Former IFC

Could a Constitutionally-Based Rights Approach to Health Service Delivery Lead to Better Health Out-comes? (Page 32)

PanelistsAlbert Mulley, Dartmouth CollegeMarc Roberts, Harvard School of Public HealthHarald Schmidt, University of PennsylvaniaRodrigo Uprimny, Center for the Study of Law, Justice and SocietyModeratorMaria-Luisa Escobar, World Bank InstituteLive streaming at www.saluderecho.net with simultaneous interpretation in Spanish

12:45 Main Complex AtriumLuncheon: Law, Justice and Development Lecture Series (Page 34)

Welcoming Remarks: Anne-Marie Leroy, Senior Vice President and World Bank Group General CounselKeynote Speaker: Irene Khan, Director-General, International Development Law Organization (IDLO)

2:00 Courts and the Science of Delivery in Latin America (Page 36)

PanelistsFlorencia Delia Lebensohn, Universidad de Buenos AiresLeandro Molhano Ribeiro, Fundação Getúlio VargasMaria Angélica Prada, Universidad de Los AndesRene Uruena, Universidad de Los AndesModeratorAdrian Di Giovanni, International Development Research Center

Delivering A New Deal For Fragile States (Page 38)

PanelistsGeorgina Baker, IFCRavi Vish, MIGAJeremy A. Hushon, Norton Rose FulbrightModeratorDana Barika Bennett, IFC

Urban Land Rights: Titling and Ten-ure in Urban Settings (Page 40)

PanelistsLionel Galliez, Union Internationale du Notariat (UINL)Robin Rajack, World Bank ModeratorStephen Berrisford, University of Cape Town

3:30 Health Break

3:455:15

Information Communication Technol-ogy Driven Strategies of Modern-izing and Reforming Mechanisms for Access to Justice in Latin America and the Caribbean (Page 42)

PanelistsKarim Benyekhlef, Université de MontréalCarlos G. Gregorio, Research Institute for JusticeMarcos Acle, UNCTADNicolas W. Vermeys, Université de MontréalRosario Duaso Calés, Université de MontréalModeratorValentin Callipel, Université de Montréal

The Use of Dispute Boards in Public-Private Partnership Transactions (Page 44)

IntroductionCyril Chern, Crown Office ChambersPanelistsKurt Dettman, Constructive Dispute Resolutions, HinghamGiovanni Di Folco, Techno Engineering and AssociatesModeratorsMark Moseley, World BankPatricia Sulser, IFC

Practicable and Enforceable Urban Law for Improved Development Delivery (Page 46)

PanelistsMaria Mousmouti, University of LondonEdric Selous, UNGianluca Crispi, UN-HabitatJaap de Visser, University of the Western CapeModeratorRobert Lewis-Lettington, UN-Habitat

5:307:30

Preston Auditorium and Preston Front LobbyEvening Reception Sponsored by American Bar Association (Page 48)

Welcoming Remarks: Anne-Marie Leroy, Senior Vice President and World Bank Group General Counsel; James R. Silkenat, President, American Bar Association

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Wednesday, November 20, 2013 – Africa Day

Time Preston Auditorium


9:00 AFRICA DAY

How Law and Justice Can Help Translate Voice, Social Contract and Accountability into Development Impact in Africa (Page 50)

World Bank WelcomeAnne-Marie Leroy, Senior Vice President and World Bank Group General Counsel Makhtar Diop, Regional Vice President for Africa, World Bank

African Development Bank Welcome and Opening RemarksCecilia Akintomide, Vice President and Secretary General, African Development Bank

Keynote SpeakerWilly Munyoki Mutunga, Chief Justice of the Supreme Court of Kenya

Co-organized with the African Development BankSimultaneous interpretation in French and a live streaming at www.worldbank.org/ljdweek2013

10:00 Economic Opportunities in Extractive Industries: Balancing Opportunities with Voice and Accountability (Page 52)

PanelistsSouley Amadou, African Development Bank.Stephen Karangizi, African Development BankAnand Rajaram, World BankModeratorMwangi S. Kimenyi, Brookings Institution

11:15 Health Break

11:30 Emerging Legal Issues: Africa 50 Fund as an Innovative Approach to Addressing Africa’s Infrastructure Challenges (Page 54)

PanelistsNeside Tas Anvaripour, African Development BankAnnemarie Mecca, African Development BankChris Cleverly, Made in Africa FoundationOzwald Boateng, Made in Africa FoundationModeratorKalidou Gadio, General Counsel, African Development Bank

12:45 2:15

Main Complex AtriumLunch Justice Roundtable: The Transparency, Independence and Accountability of the Judiciary in Africa (Page 56)

PanelistsWilly Munyoki Mutunga, Chief Justice of the Supreme Court of KenyaSalifou Fatimata Bazèye, Former Chief Justice, Supreme Court of NigerBetty Mould-Iddrisu, former Attorney General of GhanaModeratorVincent O. Nmehielle, University of the Witwatersrand (Wits)

2:30 Emerging Legal Issues: Tackling Illegal Financial Flows in Africa (Page 58)

PanelistsIssa Faye, African Development BankGail Hurley, UNDPHeather Lowe, Global Financial IntegrityJean Denis Pesme, World BankAkere Muna, Pan African Lawyers UnionModeratorPeter Reuter, University of Maryland.

4:00 Health Break

4:15 Emerging Legal Issues: Recent Constitutional Developments in Africa – The Role of the Judiciary (0)

PanelistsChristina Murray, University of Cape TownRafâa Ben Achour, Tunis University of CarthageKoudou Desire Joseph Gaudji, Supreme Court of Côte d’IvoireModeratorIbrahim Wani, OHCHR

5:30 Closing Remarks Makhtar Diop, Regional Vice President for Africa, World BankKalidou Gadio, General Counsel, African Development Bank

6:007:30

Preston AuditoriumCultural Event featuring KanKouran West African Dance Company and Evening Reception

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Wednesday, November 20, 2013 – Other Events

Time Main Complex 13-121 Main Complex 2-800

8:309:30

Registration for New Participants and Coffee

11:15 Protection of Children from Violence through the Inter-net and Associated Technologies (Page 62)

PanelistsAndrew Oosterbaan, US Department of JusticeErnie Allen, International Center for Missing and Exploited ChildrenEvaldo De Oliveira Fernandes Filho, Federal Court of Appeals of the First Region, BrazilSimone Dos Santos Lemos Fernandes, Federal Court of Appeals of the First Region, BrazilModeratorErnie Allen, International Center for Missing and Exploited Children

Insolvency in Subnational Governments (Page 64)

PanelistsLili Liu, World BankMichael A. De Angelis, University of Rhode IslandSteven B. Webb, former World BankLeif M. Clark, former US Bankruptcy JudgeModeratorMatthew Glasser, World Bank

12:45 Main Complex Atrium Lunch

2:00 Urban Law in African Countries (Page 66)

PanelistsStephen Berrisford, University of Cape TownPatrick McAuslan, University of LondonStevan Dobrilovic, Millennium Challenge CorporationJaap de Visser, University of the Western CapeModeratorMatthew Glasser, World Bank

3:30 Health Break

3:45 5:30

Sustainable and Equitable Development in Environmen-tal and Natural Resources Governance (Page 68)

PanelistsMarie-Claire Cordonier Segger, IDLOStefano Burchi, International Association for Water Law (AIDA)Thoko Kaime, University of Leicester, MalawiBakary Kante, UNEPMauro da Fonseca Ellovitch, Ministério Público do Estado de Minas Gerais, BrazilModeratorCharles Di Leva, World Bank

Innovative Approaches to Justice and Legal Reform: Practitioners’ Perspectives on Successful Delivery (0)

OpeningIngrid Hoven, Executive Director, Federal Republic of Germany, World BankIntroductionUte Eckertz, German Federal Ministry for Economic Cooperation and Development (BMZ)PanelistsMike Falke, Gesellschaft für Internationale Zusammenarbeit (GIZ)Promita Sengupta, GIZ BangladeshPeter Girke, Konrad-Adenauer Stiftung (KAS)Naoshi Sato, Japan International Cooperation Agency (JICA)Karima Zouaoui, Justice Coopération Internationale (JCI)ModeratorsWolfgang Babeck, Bond UniversityAlbrecht Stockmayer, GIZ

Reception for participants will follow the Session

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Thursday, November 21, 2013 – International Financial Institutions (IFIs)

Time Preston Auditorium (See below) Main Complex 2-800 Main Complex 8-100


9:00 General Counsel Roundtable

The Role of Lawyers in Internal IFI Governance (Page 72)

Introductory CommentsJorge Alers, Inter-American Development BankChristopher Stephens, Asian Development BankKalidou Gadio, African Development BankModerator: Elizabeth Adu, World Bank Pushing the Envelope: The Role of IFI General Counsel in Highly Developmental Projects (Page 74)

Introductory CommentsEthiopis Tafara, International Finance CorporationSarah E. Fandell, Inter-American Investment CorporationEmmanuel Maurice, European Bank for Reconstruction and DevelopmentModerator: Ana-Mita Betancourt, Multilateral Investment Guarantee Agency

Operational Clinic on Man-aging Risks and Results in Fragile and Conflict Situations

SESSION LIMITED TO WORLD BANK STAFF

11:00 Health Break

11:15 Insolvency Law at the Crossroads: the Treatment of Financial Contracts and of Security Interests in Insolvency (Page 76)

I. Financial Contracts

PanelistsMonica Marcucci, Banca d’ItaliaJanis Sarra, University of British ColumbiaJames M. Peck, United States Bankrupt-cy Court Southern District of New YorkMaria Vermaas, South Africa’s Central Securities DepositoryModerator: Irit Mevorach, World Bank

MC13-121IFIs General Counsel Meet-ingBY INVITATION ONLY



IFIs and Intergovernmen-tal Organizations in the Information Age – Open Knowledge (2)

PanelistsGordon Myers, IFCRowena Gorospe, World BankAlonso Chaverri-Suarez, IDBModerator: Ingo Burghardt, World Bank

MC7-100Stretching Financial Resources to Deliver Development – Innovative Uses of Existing Financial Capacity and Harnessing New Funds (Page 80)

ModeratorsJ. Clifford Frazier, World BankAlex Iorio, World Bank

12:45 MC13-121 (Page 84)Book Launch: World Bank Legal Review Vol. 5 – Fostering Development through Opportunity, Inclusion and EquityDiscussants Hassane Cissé, World BankN. R. Madhava Menon, National Law School of India, BangaloreMarie-Claire Cordonier Segger, IDLOVincent O. Nmehielle, University of the Witwatersrand, South AfricaModerator: W. Paatii Ofosu-Amaah, African Development Bank

2:00 Insolvency Law at the Crossroads: the Treatment of Financial Contracts and of Security Interests in Insolvency (Page 78)

II. Security Interests

PanelistsSpiros Bazinas, UNCITRALMichel Deschamps, McCarthy Tétrault LLPEdwin Smith, Bingham McCutchenModerator: José M. Garrido, World Bank

MC13-121New Ways of Working To-gether: Joint Co-financing by IFIs in Megaprojects (Page 86)

PanelistsKishor Uprety, World BankKevin McTigue, Inter-American Develop-ment BankJimena Garrote, World BankModerator: Nicola Barr, General Coun-sel, European Investment Bank



Integrity in Aid Financed Procurement – A Look at Anti-Corruption Standards for Aid Financed Procure-ment (Page 88)

PanelistsStuart Kerr, Millennium Challenge CorporationPaul Ezzeddin, World BankJessica Tillipman, GWUWilliam Garcia Pinto Coelho, Ministério Público do Estado de Minas Gerais, BrazilModerator: Nicola Bonucci, General Counsel, OECD

3:30 Health Break

3:455:15

Insolvency Task Force

SESSION LIMITED TO TASK FORCE MEMBERS

MC13-121The Evolving Role of Internal Dispute Resolution Systems (Page 90)

PanelistsJohnston Barkat, Assistant Secretary-General, UNJennifer Lester, IMFDaniel Fuster, IDBModerator: Alison Cave, World Bank



Reimbursable Advi-sory Services: The Bank’s Emerging Instrument for Delivering Customized Knowledge and Advisory Services to Clients – Legal ChallengesSESSION LIMITED TO WORLD BANK STAFF

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Friday, November 22, 2013

Time Preston Auditorium Main Complex 13-301 (Board Room) Main Complex 2-800

8:30 Registration for New Participants and Coffee Breakfast

9:30 Insolvency Task Force


ICSID 101: An Introduction to ICSID Convention Arbitration Proceedings (2)

PresentersJames Claxton, ICSIDMercedes Cordido-F. de Kurowski, ICSIDGeraldine Rebeca Fischer, ICSIDMeg Kinnear, Secretary-General, ICSID

Measuring and Delivering Justice in the Post-2015 Agenda (Page 94)

Session Keynote SpeakerEdric Selous, Executive Office of the Secretary-General, UNPanelistsUzeyir Karabiyik, Turkish Ministry of JusticeVivek Maru, NamatiModeratorMartin Gramatikov, Hague Institution for the Interna-tionalization of LawVideo Conference with E-Justice

11:00 Health Break

11:15 Insolvency Task Force


Drivers of Corruption and How Mul-tilateral Development Banks’ Legal and Policy Mechanisms Can Help Fight Corruption (Page 96)

PanelistsNicola Bonucci, General Counsel, OECDTina Søreide, University of BergenFausto Martin de Sanctis, Federal Appeals Court, Sao PaoloSteven Burgess, World BankModeratorFrank Fariello, World Bank


Video Conference with E-Justice

12:45 MC Private Dining RoomInsolvency Task Force Lunch

MC East Dining RoomLunch Delivering Justice to the People: Innovations from the Sao Paulo Judiciary (Page 98)

IntroductionChristina Biebesheimer, World BankPanelistsFernanda Galizia Noriega, Escola Paulista de MagistraturaDaniel Carnio Costa, Escola Paulista de MagistraturaArmando Sergio Prado de Toledo, Escola Paulista de MagistraturaModeratorIsabella Micali Drossos, World Bank

2:004:30




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Global Forum on Law, Justice and Development (GFLJD) Schedule of Partners’ Side Events

Tuesday, November 19, 2013

9:00 AM – 11:00 AM | Room MC 8 – 300Alternative Dispute Resolution – Community of Practice Meeting

9:30 AM – 12:45 PM | Room MC 9 – 100Sustainable Water Resources Governance – Community of Practice Meeting

2:00 PM – 3:30 PM | Room MC 9 – 100Green Economy and the Law – Community of Practice Meeting

2:00 PM – 3:30 PM| Room MC 8 – 100Updating the UNCITRAL PFIPs Legislative Guide and Recommendations: Toward a Model Law on PPPs?

3:45 PM – 5:15 PM| Room MC 9 – 100Violations of Environmental Law – Perspectives and Solutions – UNEP

Wednesday, November 20, 2013

9:30 AM – 12:45 PM | Room MC 9 – 100Climate Change and the Law – Community of Practice Meeting

12:45 PM – 2:15 PM | Room MC 6 - 317Lunch of the TWG on Empowerment and Equity for Diverse Communities “Prevenção e Combate ao Turismo e à Exploração Sexual de Crianças e Adolescentes em Grandes Even-tos Internacionais” Followed by a discussion on ongoing and future activities of the Thematic Working Groups and Communities of Practice.

ToWArdS A SCIEnCE of dELIvEry In dEvELopmEnT

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THE WORLD BANK GROUPIBRD | IDA | IFC | MIGA | ICSID

Global Forum on Law, Justice and Development (GFLJD) Schedule of Partners’ Side Events

Thursday, November 21, 2013

9:00 AM – 10:30 AM | Room MC 9 – 100Legal Aspects of Sustainable Energy for All – Community of Practice Meeting

10:30 AM – 12:45 PM | Room MC 9 – 100Making National Environmental Legal and Governance Systems Work Better – Challenges and Opportu-nities for Putting Law, Justice and Development in Action, UNEP

2:00 PM – 5:15 PM | Room MC 9 – 100Environmental Protection in Courts and Institutions: Mining – Community of Practice Meeting

6:30 PM - 7:30 PM | Room MC 7 – 100Insolvency and Creditor/Debtor Regimes – Community of Practice Meeting


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Opening


Opening RemarksJim Yong Kim, President, World Bank Group

Keynote SpeakerAlbie Sachs, Former Judge of the Constitutional Court of South Africa

Session CoordinatorKirsten Burghardt Propst, World Bank

RapporteurAristeidis I. Panou, World Bank

Live streaming at www.saluderecho.net


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Monday, November 18, 2013 11:00 AM – 12:45 PM | Preston Auditorium

Jim Yong Kim, M.D., Ph.D., became the 12th President of the World Bank Group on July 1, 2012. A physician and anthro-pologist, Dr. Kim has dedicated himself to international development for more than two decades, helping to improve the lives of under-served populations worldwide. Dr. Kim comes to the Bank after serving as President of Dartmouth College, a pre-eminent center of higher education that consistently ranks among the top academic institutions in the United States. Dr. Kim is a co-founder of Partners in Health (PIH) and a former director of the Department of HIV/AIDS at the World Health Organization (WHO). As President of Dartmouth—an institution that comprises a liberal arts college and professional schools of medicine, engineering and business, as well as 19 graduate programs in the arts and sciences—Dr. Kim earned praise for reducing a financial deficit without cutting any academic programs. Dr. Kim also founded the Dartmouth Center for Health Care Delivery Science, a multidisciplinary institute dedicated to developing new models of health care delivery and achieving better health outcomes at lower costs. Before assuming the Dartmouth presidency, Dr. Kim held professorships and chaired departments at Harvard Medical School, the Harvard School of Public Health and Brigham and Women’s Hospital, Boston. He also served as director of Harvard’s François Xavier Bagnoud Center for Health and Human Rights. In 1987, Dr. Kim co-founded Partners In Health, a Boston-based non-profit organization now working in poor communities on four continents. Challenging previous conventional wisdom that drug-resistant tuber-culosis and HIV/AIDS could not be treated in developing countries, PIH successfully tackled these diseases by integrating large-scale treatment programs into community-based primary care. As Director of the World Health Organization’s Department of HIV/AIDS, Dr. Kim led the ‘3 by 5’ initiative, the first-ever global goal for AIDS treatment, which sought to treat 3 million new HIV/AIDS patients in developing countries with antiretroviral drugs by 2005. Launched in September 2003, the ambitious program ultimately reached its goal by 2007. Dr. Kim’s work has earned him wide recognition. He was awarded a MacArthur “Genius” Fellowship (2003), was named one of America’s “25 Best Leaders” by US News & World Report (2005), and was selected as one of TIME magazine’s “100 Most Influential People in the World” (2006). Born in 1959 in Seoul, South Korea, Dr. Kim moved with his family to the United States at the age of five and grew up in Muscatine, Iowa. Dr. Kim graduated with an A.B. magna cum laude from Brown University in 1982. He earned an M.D. from Harvard Medical School in 1991 and a Ph.D. in anthropology from Harvard University in 1993.

Anne-Marie Leroy, a French national, was appointed Senior Vice President and General Counsel for the World Bank Group on March 9, 2009. Prior to joining the World Bank Group, she was a partner of the Paris Office of Denton Wilde Sapte LLP since 2005 where she was in charge of the Department of Public Law. A graduate of both the Paris Institute for Political Science, and the National School for Public Administration (ENA), with a graduate degree in the Sociology of Organizations, Anne Marie joined the Council of State (Conseil d’Etat) in 1986, the highest court in France for public and administrative law, where she worked as a judge for five years. In 1991, she was appointed to the Ministry of National Education, as a director of legal and international affairs, managing the ministry’s representation in courts and providing legal advice to the Minister and ministry units, and bilateral relations with partner countries in the field of education. Her work included technical assistance projects in developing countries, as well as in multilateral institutions, especially the EU and the OECD. From January 1995 to May 1998, she served in the World Bank, Middle East and North Africa region as a senior public sector specialist, working on public management issues especially in Lebanon, Morocco and Tunisia. Returning to Paris in 1998 to take up the position of Department Head in charge of Governance and Civil Society issues in the Public Management Service of the OECD, she was soon appointed as Senior Advisor to the Prime Minister, Lionel Jospin, in charge of government reform. Following the presidential election of 2002, she returned to the Council of State and her functions as a judge. In 2003, she was also appointed by the Board of Executive Directors of the Inter-American Development Bank as a judge with the IDB’s Administrative Tribunal.

Albie Sachs is a former Judge of the Constitutional Court of South Africa. Born into a South African Jewish family, Albie Sachs from a young age played an important role in the fight for equality in South Africa through his legal advocacy, teaching, and writings. As a law student, he took part in the Defiance of Unjust Laws Campaign of civil disobedience against the apartheid regime, and attended the Congress of the People in Kliptown, where the Freedom Charter was adopted. As a young lawyer, Sachs defended individuals charged under racial statutes and security laws. As a result of his work in the freedom movement, in the 1960s he was twice arrested, placed in solitary confinement, and subjected to sleep deprivation. He then went into exile in England and Mozambique. In 1988 in Maputo, he lost his right arm and the sight in one eye after a bomb placed in his car by South African security agents exploded. When Mandela was released in 1990, Sachs was able to return to his homeland after 24 years of exile. He served as a member of the National Executive of the African National Congress (ANC), and of its Constitutional Committee, and actively participated in negotiations for the creation of a constitutional democracy. Sachs advocated the inclusion of a Bill of Rights and an independent judiciary in the new constitution. In 1994, Nelson Mandela was elected President with an ANC majority in the country’s Parliament. Acting under the new South African Constitution approved with the support of all parties, Mandela appointed Sachs to one of the 11 seats on the new Constitutional Court. Sachs’s term of office came to an end in October 2009. In his 15 years on the Court, Sachs helped place the South African legal system at the forefront of the global protection of human rights. Sachs has authored numerous books, including Soft Vengeance of a Freedom Fighter, Justice in South Africa, The Jail Diary of Albie Sachs, [dramatized for the Royal Shakespeare Company and the BBC] Sexism and the Law, The Free Diary of Albie Sachs, and The Strange Alchemy of Life and Law. Sachs holds a law degree from the University of Cape Town and a Ph.D. from Sussex University and honorary degrees from eighteen universities in four continents.


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Global Forum on Law, Justice and Development (GFLJD) Partners Working Lunch *


PresenterHassane Cissé, Deputy General Counsel

You may participate to the above mentioned luncheon session also via web conference, through the following session login link:https://sas.elluminate.com/m.jnlp?sid=2009293&password=M.5B9DA744E8E95DF93FB3F9EEE53232and via phone, through this PHONE CONFERENCE BRIDGE (Toll Free): 1-877-826-6967 [voice] Toll Dial in: +1-303-800-7671 Con-ference ID: 9737109


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Monday, November 18, 2013 12:45 PM – 2:00 PM | Main Complex 13-121

Hassane Cissé joined the World Bank in 1997 after serving for seven years as Counsel at the International Monetary Fund. He has been Deputy General Counsel, Knowledge and Research, of the Bank since 2009. In this capacity, he provides intellectual leadership on strategic legal issues facing the Bank, oversees advisory services on law and justice reforms, and leads the Bank’s knowledge agenda on law, justice, and development. He is the editor-in-chief of the World Bank’s Law, Justice and Development Series; has authored several papers on international economic law and law, justice, and development; and coedited the 2012 and 2013 volumes of The World Bank Legal Review. Prior to his current position, Mr. Cissé served for several years as Chief Counsel for Operations Policy of the World Bank. In this capacity, he contributed to the modernization and simplification of the Bank’s legal and policy framework, and as legal adviser on governance and anti-corruption, he led the exercise that resulted in the adoption by the Bank in 2006 of an expanded policy framework for sanctions. He was appointed in 2007 to serve as a member of the World Bank’s newly established Sanctions Board. Mr. Cissé obtained his LL.B. from Dakar University in Senegal, where he graduated at the top of his class; he also holds an LL.M. degree from Harvard Law School as well as graduate law degrees from the Universities of Paris I Panthéon-Sorbonne and Paris II Panthéon-Assas and a graduate degree in history from Paris I University. Mr. Cissé is a member of the World Economic Forum Global Agenda Council on the Rule of Law.

Anne-Marie Leroy, a French national, was appointed Senior Vice President and General Counsel for the World Bank Group on March 9, 2009. Prior to joining the World Bank Group, she was a partner of the Paris Office of Denton Wilde Sapte LLP since 2005 where she was in charge of the Department of Public Law. A graduate of both the Paris Institute for Political Science, and the National School for Public Administration (ENA), with a gradu-ate degree in the Sociology of Organizations, Anne Marie joined the Council of State (Con-seil d’Etat) in 1986, the highest court in France for public and administrative law, where she worked as a judge for five years. In 1991, she was appointed to the Ministry of National Education, as a director of legal and international affairs, managing the ministry’s represen-tation in courts and providing legal advice to the Minister and ministry units, and bilateral relations with partner countries in the field of education. Her work included technical assis-tance projects in developing countries, as well as in multilateral institutions, especially the EU and the OECD. From January 1995 to May 1998, she served in the World Bank, Middle East and North Africa region as a senior public sector specialist, working on public manage-ment issues especially in Lebanon, Morocco and Tunisia. Returning to Paris in 1998 to take up the position of Department Head in charge of Governance and Civil Society issues in the Public Management Service of the OECD, she was soon appointed as Senior Advisor to the Prime Minister, Lionel Jospin, in charge of government reform. Following the presidential election of 2002, she returned to the Council of State and her functions as a judge. In 2003, she was also appointed by the Board of Executive Directors of the Inter-American Develop-ment Bank as a judge with the IDB’s Administrative Tribunal.


14

Just Development: How Law and Justice Deliver Development

Justice is both an intrinsic goal of development, and also essential to the achievement of many other development goals. Establishing justice and security is a vital first step in creating an environment for development efforts aimed at eliminating extreme poverty and boosting shared prosperity. Economic growth without equity and justice does not translate into shared prosperity—justice mechanisms that give citizens voice in decisions, channels for com-plaint, and ways to hold others accountable are mechanisms that help ensure that citizens receive services, entitle-ments and opportunities and protect them from harm.

This panel will launch the LJD Week discussions by exploring how the broadening application of justice in devel-opment is quintessentially a Science of Delivery narrative. It is an evolution, rooted in methodical learning, from “best practice” legal reforms to the more agile, adaptive application of principles and methods to address the many ways in which injustice is experienced. The panel will examine the role of justice institutions in citizen security, natural resource management, accountable governance and equal protection—and their conversation will reflect the length of the Science of Delivery chain: developing a problem-oriented understanding of how citizens experi-ence and conceive of justice; coming to a more granular understanding of the particular delivery challenges faced; understanding how evidence-based responses, adaptively applied, have contributed to the legitimate, effective delivery of justice; and institutionalizing learning and evaluation in furtherance of sustainable impacts and continu-ing refinement of justice delivery.

PanelistsAniruddha Dasgupta, Director, Knowledge and Learning, World BankHasan Tuluy, Regional Vice President for Latin America and the Caribbean, World Bank Willy Munyoki Mutunga, Chief Justice of the Supreme Court of KenyaStaffan Tillander, Ambassador, Permanent Mission of Sweden to the United Nations

ModeratorAniruddha Dasgupta, Director, Knowledge and Learning, World Bank

Session CoordinatorsMatthew Glasser, Urban Legal Adviser, World BankChristina Biebesheimer, Chief Counsel, World Bank

RapporteurSansanee Dhanasarnsombat, ABA Volunteer


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Monday, November 18, 2013 2:00 PM – 4:00 PM | Preston Auditorium

Aniruddha (Ani) Dasgupta is the Director of Knowledge and Learning at the World Bank. He has dedicated himself to international development with a focus on urbanization, urban environment and infrastructure. He was extensively involved in the post tsunami reconstruction of Aceh as an advisor to the government on housing and infrastructure reconstruction. Ani holds a Ph.D. from the Massachusetts Institute of Technology. He has researched and written widely on Community Driven and Community Based development, urban poverty in East Asia, and more recently on Knowledge and Learning for develop-ment.

Willy Munyoki Mutunga is the Chief Justice of the High Court in Kenya. He has worked in a number of prominent human rights organizations, and is an active member of the uni-versity staff trade unions. He is the author of a number of widely published articles, such as: The Rights of Detainees, The Role of NGOs and Civil Society in Democratization, and The Constitutional Rights of Kenya’s Nomad Pastoralists. He is a former Board Member of the International Centre for Human Rights and Democratic Development in Montreal. He holds a Ph.D. from York University (Osgoode Hall Law School) in Toronto, Canada.

Staffan Tillander is the Ambassador of Sweden to the United Nations for the UN Confer-ence on Sustainable Development. He is the Chair of the Peace-building Commission’s Country-specific Configuration for Liberia. He held the position of Counsellor and then Deputy Head of Mission at the Embassy of Sweden to Ethiopia, Sudan, Djibouti, and to the African Union in Addis Ababa, Ethiopia. He also served as Deputy Representative to the EU Political and Security Committee and as a board member of the EU Institute for Security Studies. He holds a Ph.D. in Political Science from The Pennsylvania State University.

Hasan Tuluy is the World Bank Regional Vice President for Latin America & the Carib-bean. His career has focused on promoting the Bank’s role as a reliable partner in finding development solutions for member states through financial, knowledge, and technical assistance services. He has served as Country Director in the Africa Region, Director of the Corporate Strategy, Director of Strategy & Operations, Middle East and North Africa Region, Chief Operating Officer for the Multilateral Investment Guarantee Agency, Vice President of Human Resources. He holds a Ph.D. in Development Economics and Trade from the Fletcher School, Tufts University.


16

Increasing Voice and Accountability through Transparency: The Role of Data

Though there is no single definition of transparency, as highlighted in Bellver and Kaufmann (2005), transparency matters for development and has an enabling role for the achievement of better governance. Researchers have found that transparency has positive impacts on the prevention of financial crisis and a country’s performance in the international financial market. Empirical evidence suggests that transparency reduces politicians’ corruption and strengthens their accountability to citizens. Evidence also shows that transparency fosters citizen participation and encourages communities to demand better public services, while also increasing the responsiveness of public agents. The challenge for practitioners and researchers is the measurement of these concepts and the use of that data in evidence-based policymaking. This panel will discuss recent initiatives that focus on evaluating transparency and its impacts on voice and accountability, using new approaches and data.

IntroductionStephanie E. Trapnell, Coordinator, Public Accountability Mechanisms Initiative, World Bank

PanelistsNathaniel Heller, Executive Director, Global IntegrityNicola Smithers, Lead Specialist, World BankDaniel Kaufmann, Revenue WatchStephanie Trapnell, World Bank

ModeratorFrancesca Recanatini, Senior Economist, World Bank

Session CoordinatorMarinus Verhoeven, World Bank

RapporteurStephanie E. Trapnell, World Bank


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Monday, November 18, 2013 4:15 PM – 5:45 PM | Preston Auditorium

Nathaniel Heller has split time between social entrepreneurship, investigative reporting and traditional public service since 1999 when he joined the Center for Public Integrity. In 2005, he established Global Integrity, an independent international organization, that champions government transparency and accountability by producing innovative research and technologies to inform, connect, and empower civic, private, and public reformers seeking more open societies.

Nicola Smithers is a Lead Specialist and Public Financial Management Cluster Leader in the Governance and Public Sector Unit of the World Bank. She has worked for the World Bank as a task team leader for operations in the Africa region, as a consultant, and as the head of the multi-donor Public Expenditure and Financial Accountability (PEFA) Program, leading the development of the internationally adopted PEFA performance measurement framework

Stephanie E. Trapnell is a consultant with the Governance and Public Sector Group of the World Bank, where she is leading research on the measurement of transparency and ac-countability mechanisms, including financial disclosure, conflict of interest, and freedom of information. She is also focused on the design of actionable governance indicators, as part of an initiative to link measurement with reform action. She is currently pursuing a Ph.D. in Sociology at George Mason University


18

Delivering Effective Social Protection amidst Diversity

One of the key issues in developing a science of service delivery is the diversity of the target groups. Law as an instrument has some advantages to ensure equity and justice while dealing with diversity. This panel will try to demonstrate a battery of solutions which have developed, in the context of service delivery, to address issues of diversity in Africa, Asia and Latin America. In all these contexts, diversity is an important issue in terms of ethnic groups and socio-economic classes. In the delivery of social protection, law has played a crucial role in dealing with corruption, information asymmetry and providing voice to the consumers in these diverse contexts. However, intense localised political competition and identity based politics has limited the emergence of a credibility-based politics that ensures better service delivery. These cases show that in the design of service delivery systems differ-ent incentives are to be conceptualised for multiple elites such as different layers of politicians, bureaucrats and service providers.

PanelistsRebecca Surender, Oxford University, United KingdomSony Pellissery, National Law School of India University, BangaloreRodrigo Meneses, Professor, Center for Research and Teaching in Economics (CIDE)

ModeratorS. Japhet, Professor, National Law School of India University, Bangalore

Session CoordinatorMaya Sheli Port, World Bank

RapporteurNicole Kieper, ABA Volunteer


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Monday, November 18, 2013 4:15 PM – 5:45 PM | MC13-121

S. Japhet is the Director of The Centre for the Study for Social Exclusion and Inclusive Policy at the National Law School of India University, Bangalore. Apart from his university teach-ing positions, he has held positions of leadership through appointments and dedicated service to the Government of India, Government of Karnataka, University Grants Commis-sion, and Indian Council of Social Science Research. He also holds visiting professorship in universities in United States.

Rodrigo Meneses is Professor-Researcher at the Department of Legal Studies of the Center for Research and Teaching in Economics (CIDE) in Mexico City. He earned his Ph.D. in law from the National Autonomous University of Mexico (UNAM) and his MA in sociology of law from the Oñati International Institute for the Sociology of Law. He also holds a law de-gree from UNAM. He is the author of Public legalities: Law, street vendors and the histori-cal downtown in Mexico City (1930-2010) México: CIDE-UNAM (2012).

Sony Pellissery is an Associate Professor at the Centre for the Study of Social Exclusion and Inclusive Policy at the National Law School of India University, Bangalore. He is a public policy specialist with key contributions on how social networks shaped public policies through elite influence. His monograph on the Politics of social protection in rural India (2009) has captured the delivery bottlenecks of social protection programmes in most comprehensive manner.

Rebecca Surender is a lecturer in social policy at the University of Oxford. Her research interest is in the area of health policy and policy and development. She was a founding member of the Centre for the Analysis of South African Social Policy at Oxford and led a number of studies researching the implementation and service delivery of South African social protection programmes and policies. One of her most recent publications is Social Policy in a Developing World Elgar, 2013, (co-edited with Robert Walker).


20

Using Law and Justice to Improve Health Service Delivery

True scientists understand that knowledge is only ever partial. Applying the scientific method – hypothesis devel-opment, experimentation, analysis and re-testing – is a process for dealing with this inherent state of uncertainty. In development, the “science of delivery” should mean we are ever humble about what we know (and mindful of what we don’t), and in practice involve the marriage of implementation, research and revision of delivery methods in a continual state of iteration and learning.

This session will examine efforts to design, implement and test legal empowerment and accountability activities to improve the delivery of basic health services in Sierra Leone and Mozambique. It will reflect on the utility and chal-lenges of adopting mixed implementation and measurement techniques to improve service delivery and under-stand results in fragile contexts.

In Sierra Leone, efforts to evaluate the use of justice services for health delivery have involved multiple activities including: rights and grievance redress clarification; a community-clinic compact process (animated by a scorecard); non-financial awards for health service providers; training paralegals to take up health cases, and constituting health facility management committees. Panelists will explore preliminary findings from a randomized controlled trial of the community-clinic compact and non-financial award activities, and ongoing work to test the impact of paralegals and facility management committees. The panel will also discuss the use of legal empowerment to de-mand accountability for health services in Mozambique.

PanelistsVivek Maru, Chief Executive Officer, NamatiGibrill Jalloh, MPA Candidate, Harvard Kennedy School of GovernmentMargaux Hall, Justice Reform Specialist, World Bank

ModeratorNicholas Menzies, Senior Counsel, Justice Reform, World Bank

Session CoordinatorNicholas Menzies, World Bank

RapporteurKathleen Lonergan, World Bank


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Monday, November 13, 2013 4:15 PM – 5:45 PM | Main Complex 2-800

Margaux J. Hall works in Sierra Leone with the Justice Reform Group of the World Bank. She is also the Center for Reproductive Rights Fellow at Columbia Law School. Her publi-cations include “Avoiding Adaptation Apartheid: Climate Change Adaptation and Human Rights Law,” in the Yale Journal of International Law, and “Answering the Millennium Call for the Right to Maternal Health,” in the Yale Human Rights & Development Law Journal. She holds a Bachelor of Science in Engineering, with honors and distinction, from Stanford University and a Juris Doctor cum laude from Harvard Law School.

Gibrill Jalloh is a founding member of the Justice for the Poor team in Sierra Leone, where he led research into the role of justice in advancing essential service delivery and social ac-countability. He received an award from the World Bank Institute for innovation in natural resource governance in 2011 for a mining education pilot program. He is a board member at the Environmental Forum for Action and the Conservation Society of Sierra Leone. Gibrill obtained an M.S. in Environmental Management and Quality Control from Njala University.

Vivek Maru is a former Senior Counsel in the Justice Reform Group of the World Bank. He founded Namati in 2011 to build the movement for legal empowerment around the world. He is a co-founder and co-director of the Sierra Leonean organization Timap for Justice. While in Sierra Leone, he supervised the human rights clinic at Fourah Bay College. His work focused on the rule of law reform and governance, primarily in West Africa and South Asia. He graduated from Harvard College, magna cum laude, and Yale Law School.

Nicholas Menzies is a Senior Counsel in the Legal Vice Presidency of the World Bank. He works on institutional reform of the formal justice sector and on mainstreaming justice into development programming with the Justice for the Poor program. Prior to the World Bank, he worked as a land and natural resources lawyer for indigenous communities in Austra-lia, on legal empowerment and access to justice issues in Cambodia, and providing policy advice to the Papua New Guinean cabinet. He holds a B.A. and LL.B. from the University of Sydney and a Masters in Public Policy from the Hertie School of Governance, Berlin.


22

Delivering Justice: Sexual and Gender-Based Violence in the Context of Fragility

Although sexual and gender-based violence (SGBV) has been a constant occurrence in situations of conflict and fragility, it is only in recent times that this pervasive form of violence is being widely condemned. This climate of condemnation has been developed through a series of international and national efforts—including the adoption of UN Security Council Resolutions, criminalization and prosecution, adoption of laws and national plans of action, and the creation of specialized mechanisms to prevent and redress violations. Legal and justice institutions are of-ten expected to give voice to and uphold the rights of survivors of violence. However, in conflict and fragile settings, these institutions are often weak, unable or unwilling to deliver justice, or have broken down completely. With this in mind, this session will explore questions such as: How do we deliver justice to those who experience SGBV within the context of conflict and fragility? How do we hold accountable perpetrators of this form of violence? What les-sons and promising approaches do we have that can provide policy and operational guidance in addressing SGBV in fragile settings?

PanelistsTeresa Doherty, Justice, International Association of Women Judges (IAWJ)Barney Afako, Legal Advisor, Africa Union Panel on Sudan and South SudanSanam Naraghi Anderlini, Co-Founder and Executive Director, International Civil Society Action Network (ICAN)

ModeratorChristina Biebesheimer, Chief Counsel, World Bank

Session CoordinatorsWaafas Ofosu-Amaah, World Bank Rea Abada Chiongson, World Bank

RapporteurCamilla Gandini, World Bank

Organized by the World Bank Institute


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Tuesday, November 19, 2013 9:30 AM – 11:00 AM | Preston Auditorium

Barney Afako is a lawyer specializing in human rights, transitional justice, conflict resolu-tion, and mediation. He has worked in several negotiation and mediation processes in African contexts, including in the drafting of peace agreements in Uganda and Sudan. He advises the African Union High-Level Panel on Sudan and South Sudan. He is a part-time judge in the United Kingdom.

Sanam Naraghi Anderlini is the co-founder of the International Civil Society Action Net-work (ICAN), an international NGO dedicated to supporting women’s civil society activism on rights, peace, and security in conflict affected or transitioning countries. For over a decade she has been a leading international advocate, researcher, trainer and writer on conflict prevention and peacebuilding. She has written extensively on women and conflict issues. Her latest book, Women Building Peace: What they do, why it matters, was pub-lished by Lynne Rienner in 2007.

Christina Biebesheimer is Chief Counsel of the Justice Reform Practice Group in the Legal Vice-Presidency of the World Bank. Prior to joining the Bank she was Principal Specialist in Modernization of the State in the Inter-American Development Bank and an associate with the law firm of Milbank,Tweed, Hadley and McCLoy. She received her B.A. from the University of Iowa, studied at the Universidade Classica de Lisboa, and received her J.D. from Harvard Law School.

Teresa Doherty was appointed Principal Magistrate for the Momase region of Papua New Guinea in 1987 and Supreme Court Judge in 1988, the first woman to hold any high judicial office in the Pacific Islands Region. In 2003, she became a judge of the High Court of Sierra Leone and also sat in the Court of Appeals. In 2005, she was appointed Judge to the Special Court of Sierra Leone (the international war crimes tribunal for Sierra Leone) by the United Nations. She is a member of the IAWJ and of the Commonwealth Reference Group for the promotion of the Rights of Women and the Girl Child.


24

State-Owned Enterprises – To Be or Not To Be In Development Projects?

This session will discuss the public sector and the private sector dimensions of working with state owned enterpris-es (SOEs) in development projects and the legal tools in structuring these projects to achieve high developmental impact. It will also examine the SOEs interface in terms of regulatory frameworks and examine successful devel-opment projects involving SOEs in different countries and the product lines the World Bank Group is exploring to address the risks and challenges inherent to such projects and regulatory challenges, meeting growing demands of member countries and private investors.

PanelistsEkaterina Kushnareva, Global Lead Counsel for Subnational Finance, International Finance CorporationPavel Kochanov, Senior Municipal Finance Specialist, International Finance CorporationAna-Mita Betancourt, Director and General Counsel, Legal Affairs and Claims Group, Multilateral Investment Guar-antee Agency (MIGA)

ModeratorMeg Kinnear, Secretary-General, International Centre for Settlement of Investment Disputes (ICSID)

Session Coordinators Ekaterina Kushnareva, International Finance CorporationGene Cherney, International Finance Corporation

RapporteurMary Agnes Costello, International Finance Corporation


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Tuesday, November 19, 2013 9:30 AM – 11:00 AM | Main Complex 13-121

Ana-Mita Betancourt is the General Counsel of the Multilateral Investment Guarantee Agency (MIGA). Her position oversees eligibility and deal structure, contract negotiation and drafting, dispute resolution, and claims management for the Agency. Prior to MIGA, she was Deputy General Counsel for the Inter-American Development Bank, with responsi-bility for the legal aspects of the Bank’s private sector activities and Multilateral Investment Fund. She graduated from Stanford Law School and Georgetown University.

Meg Kinnear is the Secretary-General of the International Centre for Settlement of Invest-ment Disputes at the World Bank. Formerly, she was the Senior General Counsel and Direc-tor General of the Trade Law Bureau of Canada. She was Executive Assistant to the Deputy Minister of Justice of Canada and Counsel at the Civil Litigation Section of the Canadian Department of Justice. She has frequently spoken on and published with respect to inter-national investment law and procedure, including as a co-author of Investment Disputes under NAFTA.

Pavel Kochanov is a Senior Subnational Specialist at the International Finance Corporation (IFC). His primary area of expertise is credit and governance risks of sub-sovereign govern-ment entities globally. Prior to his current position at IFC, Pavel worked at the international credit rating agency, Standard & Poor’s, focusing on development of credit risk criteria and governance assessment products. Pavel holds a Ph.D. degree in economics from the Mos-cow State University in Russia.

Ekaterina Kushnareva is the Global Lead Counsel for Subnational Finance with the Interna-tional Finance Corporation (IFC). Her primary area of expertise is providing legal and policy advice on IFC projects involving sub-sovereign government entities as well as state owned enterprises globally. Prior to joining the IFC, Ekaterina worked at White & Case focusing on cross border transactions in infrastructure including working on PPPs and sub-sovereign financings in Central and Eastern Europe region. She holds a Masters degree in Law from the Moscow State University in Russia.


26

Improving Service Delivery in Development Outcomes: Lessons Learned from Human Rights and Development Interventions

In light of the post-Busan paradigm of development effectiveness and the call for evidence-based results and great-er accountability in development, the concepts of social contract, voice and accountability have gained increased prominence in the development policy. These concepts converge with a number of key human rights principles, which have themselves become integrated in the approaches of a number of development agencies. Some such approaches integrate human rights explicitly while do so more implicitly; some address human rights in normative terms, while others do so in more instrumental terms. This panel will explore the potential role of human rights in the context of service delivery, and will consider how human rights inform the concepts of social contract, voice and accountability in highlighting duties or obligations. It will comprise an exchange of experiences of different development actors in assessing how human rights law, principles and methodology have improved delivery and sustainable development outcomes, thereby examining their “value added” in development interventions, poverty reduction strategies in the context of the post-2015 development agenda. Panelists will be invited to present practi-cal and empirical findings on the basis of case studies, emphasizing evidence-based policy-making and results.

PanelistsKatherine Young, Associate Professor of Law, Boston College Law SchoolBen Kiromba Twinomugisha, Professor of Law, Makerere UniversityRajeev Malhotra, Professor, Jindal Global UniversityPatrice LeNormand, Deputy Head of Governance, Democracy, Gender and Human Rights Unit, European Commis-sion’s Directorate-General for Development CooperationIbrahim Wani, Chief of the Africa Branch, Office of the UN High commissioner for Human Rights (OHCHR)

ModeratorsSiobhán McInerney-Lankford, Senior Counsel, World BankJan Wouters, Director, Leuven Centre for Global Governance Studies

Session CoordinatorsSiobhán McInerney-Lankford, Senior Counsel, World BankJan Wouters, Leuven Centre for Global Governance Studies

RapporteurAxel Marx, Leuven Centre for Global Governance Studies

Co-organized with the World Bank Nordic Trust Fund and the Leuven Centre for Global Governance Studies, Univer-sity of Leuven

Live streaming at www.saluderecho.net with simultaneous interpretation in Spanish


27


Tuesday, November 19, 2013 9:30 AM – 11:00 AM | Main Complex 2-800

Patrice Lenormand is the Deputy Head of the Governance, Democracy, Gender and Human Rights Unit at the European Commission’s Directorate-General for Development and Cooperation. With his long-standing track record in mainstreaming human rights into European development policies, implementing the European Instrument for Democracy and Human Rights and assessing the EU Guidelines on Human Rights Defenders, he offers concrete policy insights into the ongoing development of an EU toolbox aimed at integrating a ‘human rights based approach’ throughout the EU’s external policies.

Ben Kiromba Twinomugisha is a Professor of Law and former Dean of the School of Law, Makerere University, Uganda. He is also Chair of the Board of Trustees for the Centre for Health, Human Rights and Development. He has taught, researched and published in the area of human rights generally and the right to health in particular. He is currently on sabbatical leave collecting materials and data for a book: “Health Law in Uganda”.

Rajeev Malhotra is Professor and Executive Director of the Centre for Development and Finance at the School of Government and Public Policy, O.P. Jindal Global University, Sonipat, in Delhi NCR, India. From 2002 to 2008, he was employed at the UN Office of the High Commissioner for Human Rights in Geneva. He offers more than 25 years of academic and policy experience in development economics, including is-sues of poverty, human development, human rights indicators, the right to development and fiscal policy.

Siobhán McInerney-Lankford is Senior Counsel at the World Bank LEGVPU and advisor to the World Bank Nordic Trust Fund on Human Rights. She is a widely published expert in international human rights law, advising the World Bank in this area since 2002. She chaired the OECD DAC Human Rights Task Team and was the Bank’s representative to the UN High-Level Task Force on the Right to Development and “Vienna + 20” in 2013; she is the Bank’s focal point for human rights for the UN Open Working Group exercise on SDGs. Dr. McInerney-Lankford holds an LL.B. , Trinity College, Dublin, an LL.M., Harvard, a B.C.L and D.Phil. in EU human rights law, Oxford.

Katherine Young is an Associate Professor at the Boston College Law School. Prior to this position, she was an Associate Professor at the Australian National University, and has been a visiting Assistant Professor at Boston University and a Byse Teaching Fellow at Harvard Law School. Her fields of expertise are economic and social rights, comparative constitutional law and international human rights law.

Ibrahim Wani is currently the Chief of the Africa Branch at the OHCHR where he oversees programs and operations in Africa and serves as principal adviser on policy and strategic issues in Africa. Previously, between 2005 and 2010, he was the Chief of the Research and Right to Development Branch at OHCHR. Prior to joining the UN he worked in various capacities at the World Bank, with a primary focus on capacity building for economic policy analysis and development. I received the LL.B. degree from Makerere Univer-sity in Uganda and the LL.M. and S.J.D. degrees from the University of Virginia School of Law and served as Professor of Law at the Universities of Missouri and Virginia Schools of law for more than 15 years.

Jan Wouters is Jean Monnet Chair and Professor of International Law and International Organizations (KU Leuven). He is a visiting Professor of EU External Relations as well as Director of the Leuven Centre for Global Governance Studies and the Institute for International Law. He offers more than 20 years of practical legal and policy experience and 25 years of academic scholarship in international law, European Union law, corporate law, financial law and global governance.


28

Public-Private Partnership with Small Private Operators – Regulating the Public Service by Local Authorities

The involvement of local authorities and local operators is a key step toward the development of essential services. Nonetheless, Small Private Operators tend to be excluded from the usual PPP market because of the complexity of the contracting process and contractual specifications. Achieving effective results in this field therefore relies on the distribution of practical knowledge in each unique local context. The session, involving partners from developing countries, members of the French Conseil d’Etat and representatives of institutions involved in development will focus on specific situations in order to make emerge the most appropriate ways to deliver such knowledge.

PanelistsKodjo Nabola-bounou Enoumodji, Head of the Environemental Division, City of Lomé, TogoIra Feldman, President and Senior Counsel, Greentrack Cameron Prell, Senior Counsel, McGuireWoods LLPAlfredo Attie Junior, São Paulo State Court of Justice, Brazil

ModeratorMaïlys Lange, Conseil d’Etat, France

Session Coordinator Timothée Paris, Conseil d’Etat, France

Rapporteur Timothée Paris, Conseil d’Etat, France

Organized by the Global Forum on Law, Justice and Development Community of Practice on Public-Private Partner-ships

Simultaneous interpretation in French


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Tuesday, November 19, 2013 11:15 AM – 12:45 PM | Preston Auditorium

Kodjo Nabola-bounou Enoumodji is head of the Environmental Division of the city of Lomé (Togo). He is the coordinator of a very important component of the PEUL (Projet En-vironnement Urbain de Lomé), dedicated to the reorganisation of the solid waste manage-ment sector through public-private partnerships concluded with small private operators. Kodjo Nabola-bounou Enoumodji is one of the key actors in the implementation of the urban development strategy of the area of Lomé.

Ira Feldman is a US-based sustainability leader with an interdisciplinary skill set and a global reach. He has 25 years experience as an attorney and management consultant focusing on environmental regulatory innovation, strategic environmental management, sustainable business practices and corporate social responsibility. Ira is a recognized leader in the development of corporate voluntary excellence programs, environmental perfor-mance tools and strategies, and international standards. His recent work also explores the use of Public-Private Partnerships (PPP) to advance sustainable development.

Maïlys Lange is a member of the Conseil d’Etat, the French highest court of appeal for ju-dicial review and adjudication of all cases involving public agencies. She is specialized in tax and economic litigations, including cases raising issues of energy, competition and banking supervision law. Before joining the Conseil d’Etat, she has worked in the Office of the Chief Economist of the European Bank for Reconstruction and Development.

José Helton Nogueira Diefenthäler Júnior is a Justice of the São Paulo State Court of Justice. Member of the Budget, Planning and Financial Commission of the SCSP (2012). He holds a Bachelor’s degree in Law from the Law College of the University of São Paulo (1982) and holds a Master degree in Philosophy of Law and the State from the Pontifical Catholic University. He is Professor of Philosophy of Law at the Braz Cubas University.

Cameron Prell is the co-chair of the McGuireWoods Water Industry Team and its Cleantech Capital Group. He currently serves as vice-chair of the American Bar Association’s Energy and Environmental Markets and Finance Committee and the International Law Section’s In-ternational Environmental Law Committee. Cameron specializes in regulatory and transac-tional matters related to national and international energy, sustainable development, and natural resource project development and financing.


30

Cutting-Edge Finance for Women Entrepreneurs

To what extent do legal and regulatory challenges inhibit the establishment and growth of women-owned busi-nesses?

World Bank data shows of the 111 non-OECD countries reviewed in its study:• 94% countries have laws that allow married men and married women equal ownership to immoveable

property • 94 % countries have laws that allow married men and married women equal ownership rights to move-

able property

However, in explaining the access to finance gap between male entrepreneurs and female entrepreneurs, inequity in property ownership rights has often been raised as a key barrier to collateral ownership - often required by lend-ers. Based on the above data, can we conclude that it is not legal codes in of themselves that inhibit such access to collateral but rather the implementation of the laws as well as social norms that hinder access to finance for the start-up and growth of women-owned businesses?

The Panel will address the issues above and suggest areas of potential change to accelerate access to finance for women-owned businesses and close the estimated credit gap to women-owned formal SMEs in emerging markets of $260-$320 billion.

PanelistsPatience Marime-Ball, Global Lead Banking on Women, International Finance CorporationValerie D’Costa, Program Manager, World BankPatricia Hammes, Partner, Shearman & Sterling LLPAslihan Kes, Economist and Gender Specialist, International Center for Research on Women

ModeratorRachel Robbins, Former Vice President and General Counsel, International Finance Corporation

Session Coordinators Ekaterine Gureshidze, International Finance CorporationGene Cherney, International Finance Corporation

RapporteurGene Cherney, International Finance Corporation


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Tuesday, November 19, 2013 11:15 AM – 12:45 PM | Main Complex 13-121

Patience Marime-Ball is a Principal Investment Officer in International Finance Corpora-tion’s (IFC) Global Financial Markets where she leads the Banking on Women Program focused on scaling up IFC’s investments in women-owned businesses in emerging markets. She has also worked in IFC’s Special Operations Unit focusing on restructurings and settle-ments of IFC investments. Patience has worked for Mizuho Bank in New York as a Vice President in the Project Finance Group. She has a J.D. in Law from Northwestern University School of Law and an M.B.A. from the Kellogg School of Business also at Northwestern University.

Valerie D'Costa is infoDev's Program Manager at the World Bank. infoDev is a global partnership program within the World Bank which works to promote competitiveness, employment and sustainable, inclusive growth by enabling the growth of innovative, technology-enabled new ventures. infoDev enables the provision of better access to knowledge, capital and markets for innovative, growth-oriented enterprises. Ms. D’Costa has led infoDev’s evolution from its original focus on information and communications technology for development to its current role as a “learning lab” and convener for donors, client countries, and public and private sector actors around the innovation, technology and entrepreneurship agendas.

Patricia Hammes is a Partner with Shearman & Sterling LLP in their Project Development & Finance Group and the Co-head of the firm’s Sustainable Development Group. Her practice consists of representing United States and foreign corporations and financial institutions in acquisition financings, project financings, restructurings and joint ventures, and she has been named a leading lawyer in project finance by Chambers USA, Chambers Global, IFLR 1000, and Guide to the World’s Leading Lawyers in Project Finance. Ms. Hammes was resident in the firm’s Hong Kong office from February to September 1999.

Aslihan Kes is an Economist and Gender Specialist at ICRW where she provides technical expertise and oversight to ICRW and partner initiatives focused on economic empower-ment, property rights, agriculture and other key areas. She oversees capacity building proj-ects in Sub-Saharan Africa which aim to develop the monitoring and evaluation capacities of 11 grass roots organizations working to improve women and girls’ property rights. Ms. Kes is also leading a research study testing a new methodology for obtaining quantitative, policy-relevant information on women’s ownership, use, and control of land, housing, pro-ductive assets, and income. Ms. Kes holds a M.S. degree in economics from the University of Texas, and a Bachelor’s degree in economics from Bogazici University in Istanbul.

Rachel Robbins is the former Vice President and General Counsel of the International Finance Corporation as well as a member of the Board of Trustees of the New York Univer-sity School of Law and the Council on Foreign Relations. Prior to joining IFC, she served as General Counsel and a member of senior management for the NYSE Euronext, J.P. Morgan & Co., and Citigroup International. She was a founding partner in an international man-agement consulting company and started her legal career at Milbank, Tweed, Hadley & McCloy.


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Could a Constitutionally-Based Rights Approach to Health Service Deliv-ery Lead to Better Health Outcomes?

The structure of a health system is a reflection of the values and principles guiding the functioning of a society. In this sense, it is the result of the contract that prevails in society, i.e. the result of the relationship between its mem-bers and how they incur responsibilities and exercise their rights.

The general questions that emerge from this context and that this session will address are: in concrete terms, what are the changes that the adoption of a rights-based approach would bring to a health system? Or in other words, how different would health systems function from what we know today, if they were to be engendered using a rights-based approach? Ultimately, could a rights-based approach help a country achieve better health outcomes?

The moderator will ask questions in an interview format to gather the different perspectives and experiences of the panelists. These questions aim at provoking a frank, open but heated debate between them. The debate will later be open to the audience.

PanelistsAlbert Mulley, Director, Dartmouth Center for Health Care Delivery Science, Dartmouth CollegeMarc Roberts, Emeritus Professor of Political Economy, Harvard School of Public HealthHarald Schmidt, Assistant Professor of Medical Ethics & Health Policy; Research Associate, Center for Health Incen-tives and Behavioral Economics, University of PennsylvaniaRodrigo Uprimny, Executive Director, Center for the Study of Law, Justice and Society (Dejusticia)

ModeratorMaria-Luisa Escobar, Manager, Health Systems Practice, World Bank Institute

Session Coordinators: Roberto Iunes, World Bank InstituteAntonio Paniagua, World Bank Institute

Rapporteur: Julia Mensah, World Bank Institute

Live streaming at www.saluderecho.net with simultaneous interpretation in Spanish


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Tuesday, November 19, 2013 11:15 AM – 12:45 PM | Main Complex 2-800

Maria-Luisa Escobar is a Manager at the World Bank Institute. She has more than 20 years of experience in health policy, health economics and health systems reform. In Colombia she has served as Director of Planning and Senior Advisor to the Minister of Health, and as Technical Adviser to the Minister of Social Protection. Her main interests are health financ-ing and policy, and the development of effective strategies to improve technical expertise in the implementation of health policies in developing countries.

Albert Mulley is the Director of the Dartmouth Center for Health Care Delivery Science. He is the founding chief of the General Medicine Division and served as the Director of the Medical Practices Evaluation Center at Massachusetts General Hospital, Associate Profes-sor of Medicine and Associate Professor of Health Policy at Harvard Medical School. His research has focused on the use of decision theory and outcomes research to distinguish between warranted and unwarranted variations in clinical practice.

Marc Roberts is Emeritus Professor of Political Economy and Health Policy, Harvard School of Public Health. He has taught economics, statistics, ethics, management, environmental policy and health policy at Harvard’s Faculty of the Arts and Sciences, the Kennedy School, the Law School, and for 30 years, at the School of Public Health. He has taught and con-sulted about health sector reform in more than 30 countries. He is author or co-author of numerous books and articles.

Harald Schmidt is Assistant Professor of Medical Ethics and Health Policy and a Research Associate at the Center for Health Incentives and Behavioral Economics, at the University of Pennsylvania. Formerly, he was a Commonwealth Fund Harkness Fellow in Health Care Policy and Practiced at the Harvard School of Public Health. He was an Assistant Director of the UK’s Nuffield Council on Bioethics. His is also a member of UNESCO’s Ethics Task Force, and Chair of the Ethics Section of the German Network for Evidence Based Medicine.

Rodrigo Uprimny is Director of the Center for Law, Justice and Society (DeJusticia) in Co-lombia. He is also the Director of the Masters of Law program at the National University of Colombia and has been a visiting Professor at other Colombian and foreign universities. He is a former Assistant Judge of the Constitutional Court and an expert for the Inter-American Court of Human Rights. He is author of numerous articles on human rights, constitutional law, justice administration and the tensions between law and economics.


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Luncheon: Law, Justice and Development Lecture Series


Keynote SpeakerIrene Khan, Director-General, International Development Law Organization (IDLO)

Sponsored by The OPEC Fund for International Development (OFID)


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Tuesday, November 19, 2013 12:45 PM – 2:00 PM | Main Complex Atrium

Irene Khan is Director-General of the International Development Law Organization (IDLO). The first woman to hold this office, she was elected by Member Parties on 17 Novem-ber 2011 and took up her position formally on 1 January 2012 for a term of four years. An international thought leader on human rights, gender and social justice issues, Irene Khan was Secretary General of Amnesty International from 2001 - 2009. Prior to that, she worked for the UN High Commissioner for Refugees for 21 years at headquarters and in various field operations. She was Visiting Professor at the State University of New York Law School, Buffalo, in 2011. Ms. Khan is Chancellor of Salford University, UK, and a member of the UNAIDS High Level Commission on HIV Prevention. She sits on the boards of several international human rights and development organizations. Ms. Khan received the Sydney Peace Prize in 2006 for her work to end violence against women and girls. Her book, The Unheard Truth: Poverty and Human Rights has been translated into seven languages. Born in Bangladesh, Irene Khan studied law at the University of Manchester and Harvard Law School.

Anne-Marie Leroy, a French national, was appointed Senior Vice President and General Counsel for the World Bank Group on March 9, 2009. Prior to joining the WBG, she has been a partner of the Paris Office of Denton Wilde Sapte LLP since 2005 where she was in charge of the Department of Public Law. A graduate of both the Paris Institute for Political Science, and the National School for Public Administration (ENA), with a graduate degree in the Sociology of Organizations, Anne Marie joined the Council of State (Conseil d’Etat) in 1986, the highest court in France for public and administrative law, where she worked as a judge for five years. In 1991, she was appointed to the Ministry of National Education, as a director of legal and international affairs, managing the ministry’s representation in courts and providing legal advice to the Minister and ministry units, and bilateral relations with partner countries in the field of education. Her work included technical assistance projects in developing countries, as well as in multilateral institutions, especially the EU and the OECD. From January 1995 to May 1998, she served in the World Bank, MENA region as a senior public sector specialist, working on public management issues especially in Lebanon, Morocco and Tunisia. Returning to Paris in 1998 to take up the position of Department Head in charge of Governance and Civil Society issues in the Public Manage-ment Service of the OECD, she was soon appointed as Senior Advisor to the Prime Minister, Lionel Jospin, in charge of government reform. Following the presidential election of 2002, she returned to the Council of State and her functions as a judge. In 2003, she was also appointed by the Board of Executive Directors of the Inter-American Development Bank as a judge with the IDB’s Administrative Tribunal.


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Courts and the Science of Delivery in Latin America

This panel explores the role of the judiciary in the complex interplay that facilitates (or hinders) developmental delivery in Latin America. Courts are often overlooked as relevant players in developmental delivery, as focus remains on those responsible for designing or implementing policy. However, the judiciary in Latin America has proven relevant in giving a voice to relevant stakeholders, providing for the equitable sharing of social protections, and enhancing accountability mechanisms in development policy. In other instances, though, the judiciary in the region has proven to be an obstacle to achieve these goals. What is the role of courts in getting delivery right in Latin America? What can we learn from this experience that is useful in other contexts? The panel will explore such issues on the basis of case studies on health, environment and public utilities, made by scholars from Brazil, Colom-bia and Argentina, in dialogue with each other.

PanelistsFlorencia Delia Lebensohn, Lecturer, Universidad de Buenos Aires, ArgentinaLeandro Molhano Ribeiro, Professor, Fundação Getúlio Vargas, BrazilMaria Angélica Prada, Research Fellow, Universidad de Los Andes, ColombiaRene Uruena, Associate Professor, Universidad de Los Andes, Colombia

ModeratorAdrian Di Giovanni, Senior Program Officer - Law & Development, International Development Research Center, Canada

Session CoordinatorsAdrian Di Giovanni, International Development Research CenterRene Uruena, Universidad de Los Andes

RapporteurMaria Prada, Universidad de Los Andes


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Tuesday, November 19, 2013 2:00 PM – 3:30 PM | Preston Auditorium

Adrian Di Giovanni is Senior Program Officer, Law and Development at the International Development Research Centre in Ottawa, where he has initiated a portfolio of research projects focusing on public law and accountability in the Global South. Prior to that, at the Department of Justice, he provided legal advice on Canada’s Charter of Rights and Free-doms and represented Canada in litigation before international human rights tribunals. He is an alumnus of the World Bank’s Legal Department and a part-time Professor at the University of Ottawa, Faculty of Common Law.

Florencia Delia Lebensohn is a Lecturer at the Universidad de Buenos Aires, Argentina. She holds an LL.M. in International Legal Studies from New York University School of Law, where she was a Hugo Grotius Scholar. She is a former Jurist for Public International Law and International Arbitration Groups at Freshfields Bruckhaus Deringer, Paris. Florencia currently works at Marval, O’Farrell & Mairal in Buenos Aires.

Leandro Molhano Ribeiro is a Professor at Fundação Getúlio Vargas in Rio de Janeiro, Bra-zil. He holds a Ph. D. in Political Science from the Universidade Candido Mendes in Brazil, and a degree in Social Sciences from Universidade Federal de Minas Gerais. His current work focuses on the judiciary, conflict and society.

Maria Angélica Prada is a Research Fellow and the Coordinator of the Master’s Program in International Law at Universidad de los Andes, Colombia, where she also teaches Inter-national Economic Law. She is currently a researcher of the “Global Administrative Law Network” Project, funded by the International Development Research Centre. Prior to joining academia, Maria worked at the International Legal Office of the Colombian Ministry of Commerce.

Rene Uruena is Associate Professor and Director of the International Law Program at Universidad de Los Andes, Colombia and a member of the Global Justice and Human Rights Clinic. Rene was a visiting scholar at the Institute for International Law and Justice at New York University School of Law. He has published on international law and global gover-nance, and currently leads a project on Inter-Institutional Relations and Economic Develop-ment. He earned his Doctorate at the University of Helsinki (eximia cum laude), and holds a postgraduate degree in economics from Universidad de Los Andes.


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Delivering A New Deal For Fragile States

The private sector faces serious obstacles to investment in fragile and conflict affected countries, including corrup-tion, displacement of the private sector in key economic activities, insecurity, lack of basic infrastructure, and weak financial institutions. To further add to the complicated landscape, foreign investment can inadvertently worsen human rights violations and fuel conflict, particularly in mining and land investments. Post-conflict development is a priority for the World Bank Group, and MIGA and IFC in particular have committed to supporting private sec-tor activity in frontier markets. The panelists will consider the key legal, commercial and reputational constraints facing DFIs, commercial lenders and project sponsors in light of the strategic focus of the World Bank and others to support post-conflict states. Among the challenges to attracting private capital for financing vital infrastructure, education and SME investment, include (i) transparency, rule of law and enforcement; and (ii) lack of adequate risk mitigation tools, including political risk mitigation and the adequate use of collateral.

PanelistsGeorgina Baker, Director of Trade and Supply Chain, International Finance CorporationRavi Vish, Director, Economics and Sustainability, Multilateral Investment Guarantee Agency (MIGA)Jeremy A. Hushon, Partner, Norton Rose Fulbright

ModeratorDana Barika Bennett, Counsel, International Finance Corporation

Session CoordinatorsDana Barika Bennett, International Finance CorporationGene Cherney, International Finance Corporation

RapporteurAlexine Frank-Cooper, International Finance Corporation


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Tuesday, November 19, 2013 2:00 PM – 3:30 PM | Main Complex 13-121

Georgina Baker is the Director of Trade and Supply Chain for the International Finance Corporation (IFC). Under her leadership, IFC’s short term finance product offerings have ex-panded to include the Global Trade Liquidity Program which has won many awards for its crisis response, the Global Trade Supplier Finance Program, the Global Warehouse Finance Program, the Critical Commodity Finance Program as well as structured trade transactions. Georgina is jointly responsible for IFC's engagement in Fragile and Conflict Affected States.

Dana Barika Bennett is a Counsel with the International Finance Corporation (IFC). She provides legal and policy advice on IFC's debt and equity investments throughout Europe, the Middle East and North Africa in the infrastructure, financial markets and manufactur-ing sectors. Prior to her current position, Dana worked at Cleary Gottlieb Steen & Hamilton focusing on structured finance, securities enforcement and capital markets transactions. She holds a degree in Government from Harvard College and a law degree from Yale Law School.

Jeremy Hushon is a Partner in the Washington, D.C. office of Norton Rose Fulbright. He has extensive experience representing development banks and other financial institutions, including the International Finance Corporation. He also has worked with owners and developers on independent power projects and real estate acquisitions and financings. Jer-emy has significant experience working on infrastructure investments in emerging markets around the globe, including countries with significant political and/or economic risk.

Ravi Vish is Director of Economics and Sustainability Department at the Multilateral Invest-ment Guarantee Agency. His experience encompasses private equity, investment banking, project finance, and political risk insurance. He was Director and Senior Portfolio Advisor at DuPont Capital Management; CEO and Chairman of the Investment Committee at WestLB Mellon Asset Management; and Director of Corporate Finance at Natwest Markets in Indo-nesia. He holds an MBA from the Wharton School. He is the author of a book entitled “The Political, Economic, and Labor Climate in India.”


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Urban Land Rights: Titling and Tenure in Urban Settings

With the rapid growth of cities, it is essential to explore different approaches to protecting the rights of purchasers and/or occupants of property, as well as those who might provide credit for construction. The question of title and alternatives also has implications for collection of taxes and other revenues. Various schemes have been developed to provide title and alternative tenure arrangements to people who live in urban informal settlements, inspired in part by the publication of Hernando de Soto’s Mystery of Capital. A less considered topic is the development of simple and appropriate title schemes for vertical urban development in emerging economies. This session will explore these two urban issues: 1) questions of titling in vertical developments in densifying urban centers, and 2) titling and tenure in informal, largely horizontal settlements.

Lionel Galliez will describe a practical approach to titling in the case of vertical urban development. An inter-pro-fessional working group, including land surveyors, property managers and notaries, has developed framework legal tools that can be adapted on a country-to-country basis. Many developing countries lack a model for title in vertical structures, and this can create major challenges for residents, lenders, and local government revenue collection. The UINL working group has designed a package of regulations and contracts that can be adapted and applied in countries that lack sophisticated institutions.

Robin Rajack, a Senior Land Administration Specialist at the World Bank, was personally involved in Trinidad and Tobago’s National Informal Settlement Regularization Program begun in 1998 and which provides a three step statutory process to tenure formalization, and will highlight the innovations of that program and its outcomes to date in the context of urban legal-political dynamics.

Panelists Lionel Galliez, Board Member, Union Internationale du Notariat (UINL)Robin Rajack, Senior Land Administration Specialist, World Bank

ModeratorStephen Berrisford, Adjunct Associate Professor, African Centre for Cities, University of Cape Town

Session Coordinator Matthew Glasser, Urban Legal Adviser, World Bank

RapporteurMichael Castle Miller, American University


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Stephen Berrisford is an independent consultant working at the intersection between law and urban planning in the countries of Southern and Eastern Africa. He was Director: Land Development Facilitation, for the city councils of Cape Town and Johannesburg as well as the South African National Department of Land Affairs. Stephen also works with the African Centre for Cities at the University of Cape Town where he is an Honorary Adjunct Associate Professor. In 2012 he convened the Bellagio meeting on urban planning law in Africa, with the support of the Rockefeller Foundation.

Lionel Galliez is a notary, legal expert of the Conseil Supérieur du Notariat (France), and Member of the board of the Union Internationale du Notariat (UINL). He carried out as-signments as legal expert for the European Union in Vietnam, Lebanon and Tunisia, and for the French MoFA in Haiti. Also, he was part of FOA Voluntary Guidelines on Land Gover-nance’s advisory board.

Robin Rajack is a Senior Land Administration Specialist at the World Bank where he is involved in operational, advisory and research activities. His areas of specialization include: land markets and land access; land tenure regularization; and public land management. Prior to joining the Bank he was a Director and full time Manager at the Land Settlement Agency in the Government of Trinidad and Tobago where he helped to design and imple-ment policy, legislation and programs to address informal settlement. He holds a Doctorate in Land Economics from the University of Cambridge.


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Information Communication Technology Driven Strategies of Moderniz-ing and Reforming Mechanisms for Access to Justice in Latin America and the Caribbean

In the continuum of the “Science of delivery” approach, the delivery of justice should also be focusing on how to provide an effective access to justice. In the wake of an unprecedented period of mobile technology dissemination in Latin America and the Caribbean, notably through the use of cellular phones and other ICT innovations, it has become possible to help make justice more accessible and efficient in that region: with regards to access to legal services (information, legal aid etc.), but also in terms of dispute resolution. ICTs could be a more efficient medium for the resolution of conflicts within judicial or extrajudicial means (such as alternative dispute resolution, i.e. ne-gotiation or mediation). Using a multidisciplinary approach, the independent Community of Practice on Alternative Dispute Resolution is studying the social changes taking place in conflict resolution using digital tools and proposes to closely monitor the impact they may have on policies for regional development.

PanelistsKarim Benyekhlef, Professor, Université de Montréal – Cyberjustice LaboratoryCarlos G. Gregorio, Research Fellow, The Research Institute for Justice (IIJusticia)Marcos Acle, Legal Officer, United Nations Conference on Trade and DevelopmentNicolas W. Vermeys, Professor, Université de Montréal – Cyberjustice LaboratoryRosario Duaso Calés, Ph.D., Université de Montréal – Cyberjustice Laboratory

ModeratorValentin Callipel, Project Manager, Université de Montréal - Cyberjustice Laboratory

Session CoordinatorValentin Callipel, Université de Montréal – Cyberjustice Laboratory

RapporteurValentin Callipel, Université de Montréal – Cyberjustice Laboratory

Organized by the Global Forum on Law, Justice and Development Community of Practice on Alternative Dispute Resolution


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Tuesday, November 19, 2013 3:45 PM – 5:15 PM | Preston Auditorium

Marcos Acle currently works as a Legal Officer at the United Nations Conference on Trade and Devel-opment in the area of Consumer Protection and Competition Policies and is a Commissioner of the American Bar Association’s Commission on Law and Aging. He has undertaken post-graduate studies in International Law with the Inter-American Juridical Committee in Rio de Janeiro and the University of London, as well as in the area of Consumer Law at the Universitat Pompeu Fabra of Barcelona.

Valentin Callipel is in charge of the mission carried out by the Cyberjustice Laboratory of the Univer-sité de Montréal. He oversees multiple projects that focus on the modernization of legal systems and brings his expertise in Private Judicial Law to a blend with Information Technology. Valentin holds a Master’s degree in Private Judicial Law from France’s University of Pantheon Sorbonne (Master 2). He also holds Master’s degree in Business Law in Canada (LL.M.) from Université de Montréal. He a member of the Paris Bar and Montréal Bar.

Rosario Duaso Calés is a lawyer, Member of the Madrid Bar, Master of Laws in Information Technolo-gy Law (University of Montreal) and Ph.D. in Law (Université de Montréal and Universié de Panthéon Assas, Paris II). She is Professor and Academic Coordinator of the Master of Laws in Data Protection, Transparency and Access to Information at the Law Faculty of the University CEU San Pablo, Madrid. She is also the Scientific Coordinator of the Google Chair of Privacy, Society and Innovation of the University CEU San Pablo, Madrid. Rosario is a Member of the Cyberjustice Laboratory research team.

Karim Benyekhlef is a Professor at the Faculté de Droit of the Université de Montréal. Since 1990 he has been seconded to the Centre de recherche en droit public, of which he has been the Director since 2006. He is directing the Cyberjustice Laboratory and its international research team com-posed of 30 researchers from 23 academic institutions: «Towards Cyberjustice», funded by the Social Sciences and Humanities Research Council of Canada: Towards Cyberjustice (2011-2018).

Carlos G. Gregorio is a Research Fellow of the Research Institute for Justice and consultant for USAID Regional Program for Strengthening Labor Justice CAFTA-DR. He is a former consultant for the Institute Inter-American Children OAS and UNICEF, the World Bank, and the National Center for State Courts. He is also a Jurimetrics Professor at the School of Law at the Universidad Torcuato di Tella, Buenos Aires, Argentina.

Nicolas W. Vermeys is a Professor at the Faculté de Droit of the Université de Montréal. He is the Co-Director of the Maîtrise en Commerce Électronique (an e-commerce masters’ program offered by the Faculté de Droit of the Université de Montréal in collaboration with HEC Montréal and the Département d’informatique et de recherche opérationnelle de l’Université de Montréal). He is also an Associate Director of the Cyberjustice Laboratory.


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The Use of Dispute Boards in Public-Private Partnership Transactions

Public-private partnerships are complex, long-term, projects between public and private sector entities. They are challenging to develop and procure and even more challenging to implement successfully. There is often an asym-metry of capacity and knowledge between the public and private parties, which can give rise to conflicts—leading to disputes, renegotiations and, sometimes, terminations. In response to this challenge, consideration is being given to the use of Dispute Boards to achieve more effective delivery of these projects. Dispute Boards have been frequently used in relation to construction contracts, and they feature in World Bank standard form public works contracts. This session will bring together experts in dispute boards from around the globe—and from the World Bank Group—to share their experiences and shed light on how Dispute Boards can make PPP projects more sus-tainable. This promises to be a practical and interactive session that would be of interest to PPP specialists, aca-demics and dispute resolution experts, as well as World Bank procurement specialists and operational lawyers.

IntroductionCyril Chern, Secretary, the Dispute Board Federation (DBF) and Barrister, Crown Office Chambers, London

PanelistsKurt Dettman, President-Elect of Region 1 of the Dispute Resolution Board Foundation (DRBF) and Principal, Con-structive Dispute Resolutions, Hingham, MassachusettsGiovanni Di Folco, President and Senior Partner, Techno Engineering and Associates

ModeratorsMark Moseley, Lead Counsel, World Bank Global Center for Infrastructure Finance, Singapore Patricia Sulser, Chief Counsel, Legal – Global Infrastructure, International Finance Corporation

Session Coordinators Victoria Delmon, World BankChristina Paul, World Bank

RapporteurChristina Paul, World Bank


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Cyril Chern is the Secretary of the Dispute Board Federation in Geneva, a Barrister in Crown Office Chambers in London and is also a trained Structural Engineer and a Char-tered Architect. He was one of the first dual-qualified individuals to become involved in the use of Public Private Partnerships (PPP) as a way forward in the development of major infrastructure projects worldwide. His specialisation is the use of Dispute Boards in PPPs and has written 6 books on legal issues regarding construction and infrastructure develop-ment which include Chern on Dispute Boards (3rd Edition Wiley Publishing 2014) as well as his newest work - Public Private Partnerships – Practise & Procedure (Informa Publishing Autumn 2014).

Kurt Dettman is the principal of Constructive Dispute Resolutions, an ADR practice special-izing in all aspects of dispute avoidance and resolution in the construction industry. He has written extensively about Dispute Resolution Boards and conducts training on DRB practice and administration. Kurt is on the Dispute Resolution Board Foundation President’s List and co-chairs the DRBF Transportation and Energy Committees.

Giovanni Di Folco is the President and Senior Partner of Techno Engineering and Associ-ates, an international consulting engineering firm specializing in claims and dispute resolu-tion internationally. He is a civil engineer with more than 25 years’ experience of manag-ing multi-disciplinary civil engineering projects around the world. Mr. Di Falco also has extensive experience in project and contract management, contract administration, and claims preparation and defence in international arbitrations and adjudications.

Mark Moseley is a Lead Counsel in the World Bank Global Center for Infrastructure Finance in Singapore. His work is primarily focused on public-private partnership transactions and the legal and regulatory arrangements for such transactions, particularly in the energy sec-tor. He is a Core Team Member of the World Bank’s Global Expert Team for Public-Private Partnerships. Mark is also the Task Team Leader for the Public-Private Partnerships Infra-structure Resource Center (PPPIRC) Website Project (www.worldbank.org/ppp).

Patricia Sulser is the Chief Counsel for the Legal – Global Infrastructure unit of the Inter-national Finance Corporation in Washington. She handles complex infrastructure financ-ing (debt and equity) on a global basis. Patricia is also a certified mediator and has served on the Investment Climate Department’s Alternative Dispute Resolutions (ADR) Product Advisory Board.


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Practicable and Enforceable Urban Law for Improved Development Delivery

In the debate on urban legislation, there is a growing consensus on the need to address its inadequacy in address-ing the challenges of urban development and its implementation deficit. Legislation, including urban planning legislation, is too often complex, cumbersome and not properly or fully implemented. There is real evidence of practicability and enforceability problems caused by the way legislation is designed and written and by poor imple-mentation conditions. In developing countries, often the legislation enacted is too complex and ambitious, trying to regulate every possible aspect without taking into consideration the country specific circumstances such as weak rule of law, corruption, informal settlements, informal economy and scarce financial and human resources.

A “good” law is clearly an enforceable law, and even regulation of the highest quality is severely compromised un-less it is properly enforced. Urban law that is practicable, enforceable and able to organize urban city growth needs to consider the available human and financial resources and the context specific circumstances. In any legislative process it is important to decide what is realistically useful to regulate and what can be better controlled using other instruments (such as economic incentives or self-regulation) or not regulating it at all. Furthermore, new legislation should, wherever possible, be incremental rather than transformative. It should reduce complexity and inconsistency and should be realistically capable of achieving its objectives and to be enforced efficiently without disproportionate cost.

The presentations will discuss problems of practicability in implementation and enforceability of urban legislation in advanced and emerging economies, will explore traditional and more innovative approaches to simplification adopted and will identify the mutually reinforcing connections between enforceability and rule of law.

PanelistsMaria Mousmouti, Professor, Executive Director of the Centre for European Constitutional Law and Co-Director of the Sir William Dale Legislative Drafting Clinic, IALS, University of LondonEdric Selous, Director, Rule of Law Unit in the Executive Office of the Secretary-General at the United Nations Gianluca Crispi, Legal Officer, Urban Legislation Unit, UN-HabitatJaap de Visser, Director of the Community Law Centre, University of the Western Cape, Cape Town

ModeratorRobert Lewis-Lettington, Head Urban Legislation Unit, UN-Habitat

Session CoordinatorGianluca Crispi, UN-Habitat

RapporteurThomas Chahine, ABA Volunteer


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Gianluca Crispi is currently serving as Legal Officer in the UN-Habitat’s Urban Legislation Unit providing legislative advice to UN-Habitat's projects and assisting member states and local authorities in translating urban policies into effectively implementable laws. Previ-ously, he worked as Research Officer for the State of the World's Cities Report, a norma-tive tool geared to inform policy discussion and to assist local governments in designing sustainable urban policies. Gianluca is a Lawyer with ten years’ experience in supporting policy formulation and the review of urban legal systems.

Jaap de Visser is Director of the Community Law Centre (University of the Western Cape, Cape Town), a research and advocacy institution, specialising in governance and human rights in Africa. His research, teaching and consulting focuses on multilevel government, good governance and federalism in Africa. Prof. De Visser is also a visiting Professor at Ad-dis Ababa University. He has overseen and conducted research on multi-level government in South Africa, Uganda, Zimbabwe, Ethiopia, Tanzania and Kenya and has consulted for the Independent Evaluation Group (World Bank), UNICEF, UN-Habitat, Forum of Federations, the German Agency for Technical Cooperation (GIZ), and many local authorities in South Africa.

Robert Lewis-Lettington is Leader of UN-Habitat’s Urban Legislation Unit, which is part of the Legislation, Land and Governance Branch. Robert is a Lawyer with fifteen years’ experi-ence in supporting policy formulation and legislative drafting at the national and interna-tional levels. He holds graduate degrees in Law, Architectural History and History. Robert has also taught legislative drafting and intellectual property rights law in Kenya. His prin-cipal areas of work have been: legislative processes and methodologies; urban law; land; natural resources and environmental law; trade and commercial law; and legal history.

Maria Mousmouti is the Executive Director of the Centre for European Constitutional Law, and is also one of the three Directors of the Sir William Dale Legislative Drafting Clinic. She carried out her studies in different jurisdictions and, in the last 15 years, has been working in law reform projects around the world aiming to make legislation simpler and more ac-cessible, introducing evidence-based methods in legislating, reducing compliance costs and improving the overall quality and effectiveness of regulatory systems and legislation.

Edric Selous is the Director of the Rule of Law Unit in the Executive Office of the Secretary-General at the United Nations. He is a practicing attorney in the UK. He worked at the Department of Peacekeeping Operations as a Legal Adviser and also served in policy posi-tions. He was Deputy Chief of Staff in the United Nations Mission in Kosovo; Legal Adviser with the United Nations Relief and Works Agency for Palestine Refugees in the Middle East, and Senior Programme Officer with the OECD on corruption issues.


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Evening Reception Hosted by American Bar Association

Welcoming Remarks

Anne-Marie Leroy, Senior Vice President and World Bank Group General CounselJames R. Silkenat, President, American Bar Association


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Tuesday, November 19, 2013 5:30 PM | Preston Auditorium and Preston Front Lobby

Anne-Marie Leroy, a French national, was appointed Senior Vice President and General Counsel for the World Bank Group on March 9, 2009. Prior to joining the WBG, she was a partner of the Paris Office of Denton Wilde Sapte LLP since 2005 where she was in charge of the Department of Public Law. A graduate of both the Paris Institute for Political Science, and the National School for Public Administration (ENA), with a graduate degree in the Sociology of Organizations, Anne Marie joined the Council of State (Conseil d’Etat) in 1986, the highest court in France for public and administrative law, where she worked as a judge for five years. In 1991, she was appointed to the Ministry of National Education, as a direc-tor of legal and international affairs, managing the ministry’s representation in courts and providing legal advice to the Minister and ministry units, and bilateral relations with part-ner countries in the field of education. Her work included technical assistance projects in developing countries, as well as in multilateral institutions, especially the EU and the OECD. From January 1995 to May 1998, she served in the World Bank, MENA region as a senior public sector specialist, working on public management issues especially in Lebanon, Mo-rocco and Tunisia. Returning to Paris in 1998 to take up the position of Department Head in charge of Governance and Civil Society issues in the Public Management Service of the OECD, she was soon appointed as Senior Advisor to the Prime Minister, Lionel Jospin, in charge of government reform. Following the presidential election of 2002, she returned to the Council of State and her functions as a judge. In 2003, she was also appointed by the Board of Executive Directors of the Inter-American Development Bank as a judge with the IDB’s Administrative Tribunal.

James R. Silkenat, a partner in the New York office of the national law firm of Sullivan & Worcester and a member of its Corporate Department, is President of the American Bar Association. His practice concentrates on the areas of project and infrastructure finance, banking, securities law, M&A, privatizations and corporate law. He is a former Legal Counsel at the Work Bank Group’s International Finance Corporation. A frequent author and lecturer, he is the Editor or Co-Editor of 14 books and more than 100 articles on legal, business and justice system issues. His books include: The Law of International Insolvencies and Debt Restructurings; The Imperial Presidency and the Consequences of 9/11; and The ABA Guide to International Business Negotiations. He is a former Chair of the ABA’s Section of International Law and received the Section’s Lifetime Achievement Award in 2007. He is also the recipient of the Diversity Champion Award of the Association of the Bar of the City of New York. He has been a member of the ABA House of Delegates since 1990 and was Chair of the New York Delegation to the ABA House from 2000 to 2009. He is a member of the Council on Foreign Relations and the American Law Institute and served as Chair of the Lawyers Committee for International Human Rights (now Human Right First). He is a mem-ber of the Board of Directors of the World Justice Project. Silkenat received his Bachelor of Arts from Drury College, where he received the Distinguished Alumni Award for Career Achievement in 2000 and an Honorary Doctorate of Humane Letters Degree in 2012. He received his Juris Doctor from the University of Chicago School of Law, where he was an Editor of the University of Chicago Law Review, and his Master of Laws in International Law from New York University School of Law.


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AFRICA DAY How Law and Justice Can Help Translate Voice, Social Contract and Accountability into Development Impact in Africa

Law is an essential tool for promoting economic growth and development. For decades, a number of African countries have grappled with developing and implementing effective legal regimes so as to promote sustainable economic development. The results have been mixed.

“Africa Day”, jointly organized by the World Bank and the African Development Bank, is devoted to an in-depth discussion on critical legal issues in Africa’s development process. Africa Day’s main themes will be in the following four areas:

• Economic opportunities in extractive industries (mainly in the oil and gas sectors) and meaningful engage-ment with BRICS (Brazil, Russia, India, China and South Africa) and South/South cooperation.

• Emerging issues with a focus on the Africa 50 Fund which seeks to unlock private financing sources and to accelerate the speed of infrastructure delivery in Africa, thereby creating a new platform for Africa’s growth and prosperity.

• Emerging issues relating to illegal financial flows and the recent constitutional developments in a number of countries.

• The recent constitutional developments in a number of countries.

To set the stage for discussion, a global perspective on Africa and the key development and legal challenges will be provided in the introductory speeches.

World Bank RemarksMakhtar Diop, Regional Vice President for Africa, World BankAnne-Marie Leroy, Senior Vice President and World Bank Group General Counsel

African Development Bank RemarksCecilia Akintomide, Vice President and Secretary General, African Development Bank

Keynote SpeakerWilly Munyoki Mutunga, Chief Justice of the Supreme Court of Kenya

Session CoordinatorsYvonne Fiadjoe, African Development BankNightingale Rukuba-Ngaiza, World Bank

Co-organized with the African Development Bank

Simultaneous interpretation in French and a live streaming at www.worldbank.org/ljdweek2013


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Wednesday, November 20, 2013 9:00 AM – 10:00 AM | Preston Auditorium

Makhtar Diop is the World Bank Vice President for the Africa Region since May 6, 2012. Before taking up this position, he was the World Bank Country Director for Brazil between January 2009 and April 2012, and previously held the positions of Director for Strategy and Operations of the Latin America and the Caribbean Region, and Sector Director for Finance, Private Sector and Infrastructure in the same region. Between 2002 and 2005 Mr. Diop was the Bank’s Country Director for Kenya, Eritrea, and Somalia. Before joining the World Bank, Mr. Diop worked at the International Monetary Fund, and served as Minister of Economy and Finance in Senegal.

Anne-Marie Leroy, a French national, was appointed Senior Vice President and General Counsel for the World Bank Group on March 9, 2009. Prior to joining the WBG, she was a partner of the Paris Office of Denton Wilde Sapte LLP since 2005 where she was in charge of the Department of Public Law. A graduate of both the Paris Insti-tute for Political Science, and the National School for Public Administration (ENA), with a graduate degree in the Sociology of Organizations, Anne Marie joined the Council of State (Conseil d’Etat) in 1986, the highest court in France for public and administrative law, where she worked as a judge for five years. In 1991, she was appointed to the Ministry of National Education, as a director of legal and international affairs, managing the ministry’s representation in courts and providing legal advice to the Minister and ministry units, and bilateral relations with partner countries in the field of education. Her work included technical assistance projects in developing coun-tries, as well as in multilateral institutions, especially the EU and the OECD. From January 1995 to May 1998, she served in the World Bank, MENA region as a senior public sector specialist, working on public management issues especially in Lebanon, Morocco and Tunisia. Returning to Paris in 1998 to take up the position of Department Head in charge of Governance and Civil Society issues in the Public Management Service of the OECD, she was soon appointed as Senior Advisor to the Prime Minister, Lionel Jospin, in charge of government reform. Following the presidential election of 2002, she returned to the Council of State and her functions as a judge. In 2003, she was also appointed by the Board of Executive Directors of the Inter-American Development Bank as a judge with the IDB’s Administrative Tribunal.

Willy Munyoki Mutunga is the Chief Justice of the High Court of Kenya. He has worked in a number of promi-nent human rights organizations, and is an active member of the university staff trade unions. He is the author of a number of widely published articles, such as: The Rights of Detainees, The Role of NGOs and Civil Society in Democratization, and The Constitutional Rights of Kenya’s Nomad Pastoralists. He is a former Board Member of the International Centre for Human Rights and Democratic Development in Montreal. He holds a Ph.D. from York University (Osgoode Hall Law School) in Toronto, Canada.


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AFRICA DAY Economic Opportunities in Extractive Industries: Balancing Opportunities with Voice and Accountability

A number of African countries are endowed with oil, gas and valuable minerals which if well managed can be a principal source of public revenue and national wealth. Mismanagement of these resources on the other hand can create negative economic and social impacts leading to conflict and loss of livelihoods. The private sector and several donors have invested heavily in countries such as Angola, the Democratic Republic of Congo, Nigeria and Sudan. For countries benefiting from these resources, balancing this economic opportunity with transparency and accountability, ensuring fair contracting processes and compliance with environmental and social safeguards is a sine qua non to their sustainable development. The panelists will address three (3) broad issues, namely:

• The lessons learned from the recent discoveries of oil, gas and mineral resources in Africa.• Is there an ideal business model for meaningful engagement in the extractive industries.• Making the case for renegotiation of existing LNG contracts – case studies from Guinea and Tanzania.

PanelistsSouley Amadou, Manager, Private Sector Operations, Legal Department, African Development BankStephen Karangizi, Director, African Legal Support Facility, African Development BankAnand Rajaram, Governance Practice Leader, World Bank ModeratorMwangi S. Kimenyi, Senior Fellow and Director of the Africa Growth Initiative, Brookings Institution


RapporteurBrie Allen, ABA Volunteer



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Wednesday, November 20, 2013 10:00 AM – 11:15 AM | Preston Auditorium

Souley Amadou is the Division Manager of Private Sector Operations at the Legal Depart-ment of the African Development Bank. Before joining the Bank, he practiced law with various law firms in France. He also served in different capacities in a number of stock exchange and derivatives regulators in France and USA. Souley Amadou is a national of Niger and holds (inter alia) a Doctorate in Business Law from the University of Auvergne, Clermont I, France and a Post Masters Degree (D.E.A.), in Tax & Business Law, Université d’Auvergne, Clermont-Ferrand I, France. He is a member of the Paris Bar (France).

Stephen Karangizi has been the Director of the African Legal Support Facility since October 2011. He is a lawyer with extensive experience in International Commercial and Trade Law. He was Deputy Secretary General (Programmes) of the Common Market for Eastern and Southern Africa (COMESA) from 2008 and General Counsel and Legal Advisor for COMESA from 1997 to 2008. Over a 30 year career as a lawyer, he also served as a Legal Advisor for the Governments of Antigua and Barbuda (West Indies), Uganda and Zimbabwe after start-ing off in private legal practice.

Mwangi S. Kimenyi is a Senior Fellow and Director of the Africa Growth Initiative at the Brookings Institution in Washington, D. C. Kimenyi was a Professor of Economics at the University of Connecticut (USA) and is the founding director of the Kenya Institute for Public Policy Research and Analysis (1999-2005). He has published widely in peer refereed journals and is the author/editor of 8 books. He is recipient of many awards including the winner of the Georgescu-Roegen Prize in Economics (1991), and co-winner of the Out-standing Research Award by the Global Development Network (2001).

Anand Rajaram is currently the Governance and Public Management Practice Leader for the Africa region at the World Bank. From 2007-12, he managed the public sector reform department and a portfolio that covered the 48 countries of sub-Saharan Africa. A public finance economist by training, his work focuses on the role of institutions and politics in economic development. He is the co-author of two forthcoming publications on public investment management and on the political economy of natural resource management. His country experience includes substantive assignments on Turkey, Kenya, India, China, and Nepal. He holds a Ph.D. in Economics from Boston University.


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AFRICA DAY Emerging Legal Issues: Africa 50 Fund as an Innovative Approach to Ad-dressing Africa’s Infrastructure Challenges

The African Development Bank is in the process of establishing a limited liability company whose objective is to finance infrastructure development in Africa. The vision of the corporation is to significantly narrow Africa’s infrastructure financing gap by delivering high-impact national and regional infrastructure projects and building competitiveness across Africa. The Company will focus on high-impact national and regional projects in the energy, transport, ICT and water sectors.

The company will establish two business lines:

• Project Development aimed at increasing the number of bankable infrastructure projects in Africa.• Project Finance, delivering the financial instruments required to attract additional infrastructure financing

to the continent.

Target CapitalTo begin operations, the Company is targeting to raise USD 3bn in equity capital. This will ensure it has sufficient size and financial capacity to be immediately credible with Governments, private sector developers and financial markets.

Panelists will inter alia address the following issues:• Legal challenges of the proposed structure of the fund.• How the African Development Bank intends to deal with perceived conflict of interest matters.• Whether the Fund will adopt the African Development Bank’s policies.

Panelists Neside Tas Anvaripour, Manager, Infrastructure Finance & PPP, Private Sector Operations, African Development BankAnnemarie Mecca, Chief Legal Counsel, African Development BankChris Cleverly, CEO, Made in Africa FoundationOzwald Boateng, Co-Founder and Trustee, Made in Africa Foundation

ModeratorKalidou Gadio, General Counsel, African Development Bank


RapporteurCatherine Vel, ABA Volunteer



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Wednesday, November 20, 2013 11:30 AM –12:45 PM | Preston Auditorium

Tas Anvaripour is the Head of Infrastructure Finance for Private Sector Operations at the African Development Bank. She oversees the Bank’s private sector investments in the Energy, Transport, Water, and ICT sectors. Tas honed her deal origination and portfolio management skills at Asian Development Bank, Arthur Andersen LLP and PriceWaterHouse Coopers. She has 25 years of experience in public sector finance and corporate and project finance. Within the past six years, she has closed over 6 billion dollars in infrastructure projects in key emerging markets. Tas holds an M.A. in Economics and Policy Management from Columbia University.

Ozwald Boateng is an international fashion designer. He also co founded Made In Africa Foundation, in 2011 alongside Kola Aluko and Atlantic Energy. The Foundation was set up to support and fund master plans and feasibility studies for transformational and large scale developments and infrastructure projects across the African continent, introduce a funding mechanism to assist successful businesses in Africa to transform their existing investments and prospects and give Africa Independence through development and infra-structure.

Chris Cleverly is currently CEO of Made In Africa Foundation. He founded Made In Africa (MIA) to introduce African businesses to international investment and capital markets for the benefit of Africa. MIA also advises the UK Government on development issues and African governments on investment issues. MIA is currently developing East Africa's largest urban regeneration site. Chris Cleverly was called to the Bar 1990 and became the young-est head of his barristers' chambers in the last century.

Kalidou Gadio is the General Counsel of the African Development Bank (AfDB). Prior to this position, he served as Country Director for North Africa Region and was the Manager of the Operations Affairs Division in the Legal Department. Before joining the AfDB, he worked with Coudert Brothers in New York as an Associate Attorney and with Jeantet et Associés, an international law firm in Paris. He holds an LL.M. from Harvard Law School, an advanced degree in international law from Sorbonne, University of Paris II, and a License en Droit from the University of Mohamed V in Morocco.

Annemarie Mecca is Chief Legal Counsel in the African Development Bank’s private sector operations division and specializes in project finance, loan syndications, equity participa-tions and trade finance. She holds an LL.B. from the University of Nairobi and an LL.M. from Harvard Law School. She began her legal career with Rachier and Company Advo-cates a top-tier firm in Nairobi and as a member of the law faculty at the Kenya School of Professional Studies where she taught commercial law. She later participated in the Legal Associates Program of the World Bank in Washington, DC. She is an advocate of the High Court of Kenya.


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AFRICA DAY Justice Roundtable: The Transparency, Independence and Accountability of the Judiciary in Africa

The African Justice Roundtable will provide a platform for current and former Justices as well as ministers respon-sible for justice to discuss some of the key development challenges which affect their functions including issues re-garding judicial independence and oversight, ensuring public confidence in the administration of Justice, strength-ening judicial integrity, transparency and accountability, transformation of the judiciary to achieve development objectives, developing innovative and constructive solutions to addressing judicial challenges, forging the necessary partnerships and supporting voice and accountability to attain economic development. Principles of constitution-alism, such as rule of law and separation of powers, are rooted in an independent judiciary, which in turn plays a critical role in safeguarding developmental gains. The most elaborate system of rights, remedies and procedures would be of little use if there is no independent, impartial and competent judiciary.

PanelistsWilly Munyoki Mutunga, Chief Justice of the Supreme Court of KenyaSalifou Fatimata Bazèye, Former Chief Justice, Supreme Court of NigerBetty Mould-Iddrisu, former Attorney General of Ghana

ModeratorVincent O. Nmehielle, Professor of Law, University of the Witwatersrand (Wits) School of Law in Johannesburg, South Africa


RapporteurABA Volunteer



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Wednesday, November 20, 2013 12:45 PM – 2:15 PM | Main Complex Atrium

Salifou Fatimata Bazèye a judge by training, joined the Judiciary in 1979 after graduating from the “École Nationale de la Magistrature” in Paris, France. During her career in the Nigerian judiciary, she held various high level positions. Judge Bazèye held the position of President of the Supreme Court until August 2006 when she retired. In 2008, she was appointed President of the “Chambre Constitutionnelle”. In April 2010, she was appointed President of the Constitutional Transitional Council and she stayed in this function until 25 March 2013 when the new members of the Constitutional Court were installed.

Betty Mould-Iddrisu was appointed as Ghana’s first female Attorney General and Minister for Justice in 2009 and also served as Minister of Education in 2011. She is currently the Managing Partner and Lead consultant in an Accra based consultancy firm which special-izes in development law issues. She held various positions in the Ghanaian Ministry of Jus-tice from 1980 and she rose to the rank of Chief State Attorney. She was appointed Ghana’s Copyright Administrator in 1992. In 2000 – 2003 she headed the Ministry’s International Law Division where she spearheaded several cutting edge legal initiatives in the area of International Law. She also lectured at the University of Ghana’s Law Faculty till 2000.

Willy Munyoki Mutunga is the Chief Justice of the High Court of Kenya. He has worked in a number of prominent human rights organizations, and is an active member of the uni-versity staff trade unions. He is the author of a number of widely published articles, such as: The Rights of Detainees, The Role of NGOs and Civil Society in Democratization, and The Constitutional Rights of Kenya’s Nomad Pastoralists. He is a former Board Member of the International Centre for Human Rights and Democratic Development in Montreal. He holds a Ph.D. from York University (Osgoode Hall Law School) in Toronto, Canada.

Vincent O. Nmehielle is a Professor of Law and Head of the Wits Programme on Law, Justice and Development, Johannesburg, South Africa. He was a Professorial Lecturer in law at the Oxford University and George Washington University Human Rights Program and served as the Principal Defender of the UN-backed Special Court for Sierra Leone. He holds an LL.B., Rivers State University of Science and Technology, Nigeria, an LL.M. in international law, University of Notre Dame, and an S.J.D. in international and compara-tive law, George Washington University, Washington DC. He has written and consulted on constitutional issues, human rights, international justice, and governance in Africa and he is a Barrister and Solicitor of the Supreme Court of Nigeria. He has recently been appointed the Legal Counsel of the African Union Commission.


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AFRICA DAY Emerging Legal Issues: Tackling Illegal Financial Flows in Africa

It is estimated that over US$1.4 trillion earned through corruption, bribes, tax evasion and other criminal activities were transferred from Africa during 1980-2009. These illegal financial flows (IFFs)undermined Africa’s development prospects.

A number of studies on IFFs have been undertaken in countries such as Kenya, Namibia, Malawi and in the case of Somalia also in connection with piracy. The objectives of these studies were to identify the predicate crimes that generate IFFs and endeavor to rank them in order of their respective contributions to total outflows; identify the mechanisms by which the IFFs are transferred abroad, the main destinations to which they are transferred and the forms in which they are legalized. This work is also expected to generate knowledge and enable law-enforcement authorities to target strategically the major predicate crimes that generate IFFs and stolen assets. It would also as-sist them to focus their establishment of formal and informal contacts in the main IFF destinations to facilitate the location, identification and recovery of the proceeds of crime prospects. In this session, panelists/participants will examine the impact of IFF on Africa’s development, the challenges in con-ducting IFFs studies, analyze solutions recommended to date and propose additional recommendations to address this development challenge.

PanelistsIssa Faye, Division Manager, African Development Bank Gail Hurley, UNDPHeather Lowe, Legal Counsel and Director of Government Affairs, Global Financial Integrity Jean Denis Pesme, Manager, Financial Systems – Financial Market Integrity and Stolen Asset Recovery Initiative, World BankAkere Muna, President of the Pan African Lawyers Union and Founder and former President of Transparency Inter-national Cameroon

ModeratorPeter Reuter, Professor, School of Public Policy and Department of Criminology, University of Maryland.


RapporteurNicole Kieper, ABA Volunteer



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Wednesday, November 20, 2013 2:30 PM – 4:00 PM | Preston Auditorium

Heather Lowe serves as Legal Counsel and Director of Government Affairs at Global Financial Integ-rity, spearheading the organization’s advocacy efforts in the U.S. and internationally. Ms. Lowe is ac-tive in the anti-corruption, anti-money laundering policy, and tax reform communities, coordinating with civil society, government officials, and intergovernmental organizations in a variety of countries to promote policies to curtail illicit financial flows. She brings international legislative experience and banking and finance law experience to her role, having worked as an aide to a British Member of the European Parliament in Brussels and as a banking and finance attorney at both Clifford Chance LLP in London and Bingham McCutchen LLP in Boston.

Phil Matsheza, joined UNDP on May 7 2007 as the lead Policy Adviser, Anti-Corruption at the Demo-cratic Governance Group of the Bureau for Development Policy of UNDP and currently oversees development of policy and programme and knowledge products on anti-corruption. Prior to joining UNDP, he worked for the United Nations Office on Drugs and Crime (UNODC) as an anti-corruption expert on the Global Programme against Corruption and provided technical assistance to Member States, field offices and other UN agencies.

Akere Muna is founder and former President of TI Cameroon, President of the African Union’s Eco-nomic, Social and Cultural Council, President of the Pan African Lawyers Union, and former president of the Cameroon Bar Association. In January 2010 he was elected to the Panel of Eminent Persons, which oversees the African Peer Review process. In May 2013 he was elected Chair of the APRM Panel. Akere Muna is member of the High Level Panel on Illicit Financial Flows from Africa and Sanc-tions Commissioner of the African Development Bank. He is also Member of the Governing Board of the African Governance Institute.

Jean Denis Pesme is the manager of the Financial Market Integrity (FMI) service line, within the World Bank Group’s Financial and Private Sector Development Network. Jean is also the coordinator of the joint UNODC/WB StAR (Stolen Asset Recovery) initiative. StAR’s work now focuses on country specific work, after having significant contributed to knowledge development on the repatriation of stolen assets. Prior to joining the World Bank, Jean worked on anti-money laundering (AML) and anti-corruption issues. Jean is a French Citizen and resides in Washington DC.

Peter Reuter is Professor in the School of Public Policy and in the Department of Criminology at the University of Maryland. He is Director of the Program on the Economics of Crime and Justice Policy at the University and also Senior Economist at RAND. From 1981 to 1993 he was a Senior Economist in the Washington office of the RAND Corporation. He founded and directed RAND’s Drug Policy Research Center from 1989-1993; the Center is a multi-disciplinary research program begun in 1989 with funding from a number of foundations.


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AFRICA DAY Emerging Legal Issues: Recent Constitutional Developments in Africa – The Role of the Judiciary

Significant transition was realized through the spate of constitution-making in Africa in the 1980s and 1990s, with countries such as Malawi, Ghana, Senegal and South Africa enacting new structures of governance and account-ability in response to decades of repression, military dictatorship and administrative abuse. While representing a fresh “wind of change,” law reform, institutional reconstruction and public confidence in the instrumentalities of legal transition on the continent in the 21st century lagged behind the bold measures represented by these early attempts at constitutional reform. Particular concern has been expressed about the rise in corruption and adminis-trative abuse, the lack of judicial independence and financial autonomy and the malaise of majoritarian legislative tyranny.

Although a number of progressive constitutions such as that of Kenya, which was enacted in 2010, have emerged on the scene, the disconnect between constitutional aspiration and reality requires a critical review of both the le-gal and institutional frameworks within which contemporary African governance models are enshrined. This should also include a critical evaluation of the role of the judiciary in fostering constitutional government. Constitutional-ism is the idea that government can, and should, be legally limited in its powers, and that its authority depends on observance of these limitations.

This panel session will feature discussions on the role of the judiciary in ensuring that development gains are deliv-ered in an equitable manner and are sustainable.

PanelistsChristina Murray, Professor of Constitutional and Human Rights Law, University of Cape Town and Member, consti-tutional support team of the Special Advisor to the Secretary General of the United Nations on YemenRafâa Ben Achour, Professor of Constitutional Law, Tunis University of Carthage, former Tunisian Ambassador to Morocco and Advisor to the Transitional Prime Minister of TunisiaKoudou Desire Joseph Gaudji, Judge, Supreme Court of Côte d’Ivoire

Moderator Ibrahim Wani, Chief of the Africa Branch, Office of the UN High commissioner for Human Rights (OHCHR)


RapporteurBrie Allen, ABA Volunteer



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Wednesday, November 20, 2013 4:15 PM – 5:30 PM | Preston Auditorium

Rafâa Ben Achour is a Professor of Constitutional Law at the Tunis University of Carthage. His academic career started in 1979 and currently he is the Director of the Unité de Re-cherche en Droit Public International, Juridictions Internationales et Droit Constitutionnel Comparé. He has been Visiting Professor in several countries, namely: France, Italy, Spain, and Greece. He is the author of numerous works on Constitutional Law, Public Interna-tional Law and Political Science. Rafâa is the former Tunisian Ambassador to Morocco and Advisor to the Transitional Prime Minister of Tunisia.

Christina Murray is currently on leave from the Faculty, working on, among other things, the constitutional support team of the Special Advisor to the Secretary General of the United Nations on Yemen. Her first experience in constitution-making was serving on a panel of seven experts advising the South African Constitutional Assembly in drafting South Africa’s “final” Constitution between 1994 and 1996. She also served as a member of the Kenyan Committee of Experts appointed by the Kenyan Parliament to draft a new Constitu-tion of Kenya, August 2010.

Ibrahim Wani is currently the Chief of the Africa Branch at the OHCHR where he oversees programs and operations in Africa and serves as principal adviser on policy and strategic issues in Africa. Previously, between 2005 and 2010, he was the Chief of the Research and Right to Development Branch at OHCHR. Prior to joining the UN he worked in various capacities at the World Bank, with a primary focus on capacity building for economic policy analysis and development. I received the LL.B. degree from Makerere University in Uganda and the LL.M. and S.J.D. degrees from the University of Virginia School of Law and served as Professor of Law at the Universities of Missouri and Virginia Schools of law for more than 15 years.


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Protection of Children from Violence through the Internet and Associated Technologies

Internet-based communication networks and social media have developed at a dramatic rate over the last two decades. They have brought with them enormous benefits and opportunities in terms of education, socialization and entertainment, but have also made children more vulnerable to abuse and exploitation. Changes are happen-ing so rapidly that lawmakers struggle to keep pace, while those who seek to commit these crimes successfully take advantage of this growing gap with little fear of detection.

The problem is even worse in developing countries, where poverty increases the vulnerability of children and fami-lies among the lower classes. In fact, the high inequality of wealth, violence in the streets, and illiteracy amongst the older population further complicate matters, especially when combined with uncontrolled access to the Inter-net and the creativity demonstrated by perpetrators.

In an attempt to address the problem in a coordinated way, international instruments are being developed to help countries solve conflicts of jurisdiction, adjust the criminalization of conducts, and increase international coopera-tion. But the national commitment demonstrated by ratification of these instruments is not always followed by the necessary changes in domestic legislation, which today presents one of the biggest obstacles to adequate control of the problem.

In response to today’s reality, the Office of the Special Representative of the Secretary General on Violence Against Children in partnership with the International Centre for Missing and Exploited Children, with the support of the World Bank, have undertaken a Regional Desk Review of several regions consisting of an analysis of national legisla-tion, regulation and public policy responses to protect children from violence and sexual abuse through the use of Internet and new media/technologies, with a particular view to the issues of child pornography and child online grooming. The results/findings thus far in the first phase of project, which focus on the legislation of countries of Latin America, will be presented and discussed. Information about several other initiatives will also be shared, especially about a working group on the prevention and control of sexual tourism and other crimes against children in periods of international events like the World Cup.

PanelistsAndrew Oosterbaan, Chief, Child Exploitation & Obscenity Section, US Department of Justice, Washington DC Ernie Allen, President and CEO, International Center for Missing and Exploited Children Evaldo De Oliveira Fernandes Filho, Federal Judge, Federal Court of Appeals of the First Region, BrazilSimone Dos Santos Lemos Fernandes, Federal Judge, Federal Court of Appeals of the First Region, Brazil

ModeratorErnie Allen, President and CEO, International Center for Missing and Exploited Children

Session CoordinatorSimone Dos Santos Lemos Fernandes, Federal Judge, Federal Court of Appeals of the First Region, Brazil

RapporteurWhitney Schneider-White, ABA Volunteer

Organized by the Global Forum on Law, Justice and Development Thematic Working Group on Empowerment and Equity of Diverse Communities


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Wednesday, November 20, 2013 11:15 AM – 12:45 PM | Main Complex 13-121

Ernie Allen is the Co-Founder, President and CEO of the International Centre for Miss-ing and Exploited Children (ICMEC), a private, nonprofit organization which is leading the global effort to protect children from sexual exploitation and abduction. Under his leader-ship, ICMEC has built a global network that includes 22 nations, trained law enforcement in 121 countries and worked with parliaments in 100 countries to enact new laws on child pornography. Mr. Allen is also Co-Founder of the National Center for Missing and Exploited Children (NCMEC).

Simone dos Santos Lemos Fernandes is a Brazilian Federal Judge, permanently ap-pointed to serve at the 7th District of Minas Gerais. She is a Doctor of Juridical Science in Tax Law and an International Human Rights Specialist. She is a Professor of Law in Brazil, has written numerous articles related to federal taxation, and is the author of the book “Contribuções Neo-corporativas na Constituição e nas Leis”. Her major area of interest is combating crimes committed via the internet, mainly against minors. She is a founder of “Associação Alegria”, which receives girls aged nine years or older, with no prospect of adoption or return to their homes.

Evaldo Fernandes Filho is a Federal Judge from the Federal Court of Appeals of the First Region of Brazil, at the 14th District of Minas Gerais. During his more than 16 years career, he presided over civil and criminal trials, addressing matters such as international drug trafficking, trafficking in person, corruption, tax evasion, money laundry, civil rights, intel-lectual property and tax law. He is a visiting scholar at American University, Washington College of Law, where he is conducting a research on Intellectual Property.

Drew Oosterbaan is Chief of the Child Exploitation and Obscenity Section (CEOS) of the US Department of Justice. He has more than twenty five years of experience as a federal prosecutor, and served as Chief of the Special Prosecutions Section in the U.S. Attorney’s Office in the Southern District of Florida. He designed and implemented a highly successful nationwide strategy against child prostitution, and played a leading role in national efforts to identify victims of child pornography and save them from further sexual abuse. He is the recipient of numerous awards including the Presidential rank of Meritorious Executive in the Senior Executive Service.


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Insolvency in Subnational Governments

A panel will discuss the recent World Bank book “Until Debt Do Us Part,” which brings together the reform experi-ence of major emerging economies and developed countries. Written by leading experts, it examines the interac-tive roles of markets, regulators, subnational borrowers, creditors, national governments, taxpayers, rules, and insolvency systems in the quest for subnational fiscal discipline.

Legal and regulatory frameworks governing the finances of subnational governments are fundamental to the sci-ence of delivery. Regional and local governments provide essential public services and infrastructure. Avoiding fiscal failure and addressing insolvency in local government is critical to protecting service delivery and laying the foundation for shared prosperity.

Fiscal responsibility laws can help avoid irresponsible fiscal behavior that could have short-term advantages to one borrower but that would be collectively damaging. The session will examine the characteristics and effects of fiscal responsibility laws in seven countries—Argentina, Australia, Brazil, Canada, Colombia, India, and Peru.

Format: 90 minutes. Each author will present for 15 minutes, followed by commentary from the private sector and judicial perspective by Judge Leif Clark; the remaining time to be used for audience questions and discussion

PanelistsLili Liu, Lead Economist, World BankMichael A. De Angelis, Professor, University of Rhode IslandSteven B. Webb, former Lead Economist, World BankLeif M. Clark, former US Bankruptcy Judge

ModeratorMatthew Glasser, Urban Legal Adviser, World Bank

Session Coordinator Matthew Glasser, World Bank

RapporteurAlejandra Nunez, World Bank


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Wednesday, November 20, 2013 11:15 AM – 12:45 PM | Main Complex 2-800

Leif M. Clark is a former Bankruptcy Judge in the Western District of Texas. He was a prolif-ic jurist and writer, authoring numerous noteworthy opinions on jurisdiction, classification, preferences, and many other topics. He has a strong interest and expertise in cross border insolvency issues, as well as judicial training for judges internationally. He has served on the U.S. delegation to Working Group V (insolvency) of UNCITRAL, as well as a delegate to WG II (Arbitration and Conciliation) on behalf of the International Insolvency Institute. He has also worked with the International Monetary Fund and the World Bank.

Michael A. De Angelis is a Lecturer on the Faculty of the College of Business of the Univer-sity of Rhode Island. He is a former partner in the New York law firm Mudge Rose Guthrie and Alexander. Mr. De Angelis’s expertise is in U.S. and transitional and developing econo-my government finance (sovereign and sub-sovereign). He has served as counsel to issuers, underwriters, borrowers, guarantors, and lenders, and participated in the development of financial products for governmental infrastructure financing transactions. He holds a J.D. from Boston College, Massachusetts, and an M.P.A. from Cornell University, New York.

Matthew Glasser recently joined the World Bank’s Legal Vice Presidency. His work is primarily concerned with the legal and regulatory framework for urban planning, urban development, and municipal finance. Matt’s areas of expertise include subnational borrow-ing, municipal insolvency, and infrastructure finance. Matt is currently working on a book exploring the legal framework within which cities operate, including land use and mu-nicipal finance issues. Prior to joining the Bank in 2003, Matt worked as an adviser in the South African National Treasury, where he helped develop the regulatory frameworks for municipal borrowing and financial emergencies.

Lili Liu is a Lead Economist in Public Sector and Institutional Reform, Europe and Central Asia, at the World Bank. She sits on the Urban and Transport Sector Boards, and co-chairs the Decentralization and Subnational Regional Economics Thematic Group, a Bankwide network with over 350 members. She has authored numerous publications on public finance, subsovereign finance and their linkages to macroeconomic frameworks, intergov-ernmental fiscal systems, capital market development, and infrastructure finance. She has a Ph.D. in Economics from the University of Michigan, Ann Arbor.

Steven B. Webb has for the last 24 years worked for the World Bank as Lead Economist, Adviser, and Consultant. His specialties include political economy, public finance, cen-tral banks and monetary policy, decentralization, and economic history. His publications include numerous articles and several books: Hyperinflation and Stabilization in Weimar Germany; and with co-authors, Achievements and Challenges in Decentralization: Lessons from Mexico. He has also taught in the Economics Department at the University of Michi-gan, Ann Arbor. He received a Ph.D. in Economics from the University of Chicago.


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Urban Law in African Countries

Donors, international agencies and country governments hold out new and better urban planning, land and gov-ernance laws as a prerequisite for urban development in African countries. Experience shows that while these parties focus on making new laws, cities, businesses and indeed many government agencies are breaking them all the time. This is not because of criminal intent but because of the high, most often insurmountable cost of compli-ance. Their non-compliance not only renders the urban governance system vulnerable, but also the livelihoods and homes of millions. Urban governance processes and urban land rights are rendered effectively unlawful because of the inadequate construction of the urban legal framework. Increasingly urban legal thinkers are exploring new approaches to regulating the ‘African city’. But how practical are these ideas? How do they resonate with the decision-making authorities in countries, or private sector investors, let alone citizens (most of whom are very poor)? In this panel the African Centre for Cities at the University of Cape Town convenes some experts working on new urban legal frameworks, to draw attention to the increasingly complex but urgent challenge of finding a new thinking to guide urban legal reform in the region. The steady, sometimes very fast, urbanisation of Sub-Saharan Africa highlights the critical need to establish effective and appropriate legal frameworks for managing and support-ing urban development.

The core element of the panel discussion will be the presentation of the ideas behind the draft Urban Legal Guide—being developed by the African Centre for Cities with support from Cities Alliance, Urban LandMark, UN-Habitat and the World Bank. The intention behind the Guide is to provide decision-makers, lawyers and urbanists in the region with practical and strategic guidance on how to shape urban legislation that more usefully reflects the needs of the region’s towns and cities and their citizens. The presentation of the Guide will be supplemented by presentations from other experts working in specific aspects of urban legal reform to demonstrate and unpack the Guide’s broader themes.

PanelistsStephen Berrisford, Adjunct Associate Professor, African Centre for Cities, University of Cape Town, South AfricaPatrick McAuslan, Professor of Law, Birkbeck College, University of London, United KingdomStevan Dobrilovic, Millennium Challenge Corporation Country Director, NamibiaJaap de Visser, Director of the Community Law Centre, University of the Western Cape, Cape Town

ModeratorMatthew Glasser, Urban Legal Adviser, World Bank

Session Coordinator Stephen Berrisford, Adjunct Associate Professor, African Centre for Cities, University of Cape Town

Rapporteur:Pacyinz Lyfoung, International Lawyer


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Wednesday, November 20, 2013 2:00 PM – 3:30 PM | Main Complex 13-121

Stephen Berrisford is an independent consultant working at the intersection between law and urban planning in the countries of Southern and Eastern Africa. He was Director of the Land Development Facilitation, for the city councils of Cape Town and Johannesburg as well as the South African National Department of Land Affairs. Stephen also works with the African Centre for Cities at the University of Cape Town where he is an Honorary Adjunct Associate Professor. In 2012 he convened the Bellagio meeting on urban planning law in Africa, with the support of the Rockefeller Foundation.

Jaap de Visser is Director of the Community Law Centre (University of the Western Cape, Cape Town), a research and advocacy institution, specialising in governance and human rights in Africa. His research, teaching and consulting focuses on multilevel government, good governance and federalism in Africa. Prof. De Visser is also a visiting Professor at Ad-dis Ababa University. He has overseen and conducted research on multi-level government in South Africa, Uganda, Zimbabwe, Ethiopia, Tanzania and Kenya and has consulted for the Independent Evaluation Group (World Bank), UNICEF, UN-Habitat, Forum of Federations, the German Agency for Technical Cooperation (GIZ), and many local authorities in South Africa.

Stevan Dobrilovic is an attorney at law with over 17 years experience dealing with real estate and land related legal issues in countries in the former Soviet Union, Eastern Europe and Africa. He has been Chief of Party of three USAID land reform projects, each of which operated a substantial legal review and legal assistance programs. For the last seven years he has worked for the US Millennium Challenge Corporation in Africa and is now the MCC Resident Country Director in Namibia.

Matthew Glasser recently joined the World Bank’s Legal Vice Presidency. His work is primarily concerned with the legal and regulatory framework for urban planning, urban development, and municipal finance. Matt’s areas of expertise include subnational borrow-ing, municipal insolvency, and infrastructure finance. Matt is currently working on a book exploring the legal framework within which cities operate, including land use and mu-nicipal finance issues. Prior to joining the Bank in 2003, Matt worked as an adviser in the South African National Treasury, where he helped develop the regulatory frameworks for municipal borrowing and financial emergencies.

Patrick McAuslan has been involved in teaching, researching and consulting on urban land and planning law in Africa for over fifty years. He drafted Malawi’s Town and Country Planning Act in 1988; and Mauritius’s Physical Planning Act in 2004; Tanzania’s Land Act and Village Land Act in 1996 and Uganda’s Land Act in 1998. He has written widely on the subject: Urban Land and Shelter for the Poor was published in 1985 and his latest book, Land Law Reform in Eastern Africa: Traditional or Transformative? was published in 2013.


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Sustainable and Equitable Development in Environmental and Natural Resources Governance

How to deliver development results that are sustainable and equitable, by strengthening governance of the envi-ronment and natural resources? This interactive legal experts panel will highlight innovative legal practices integrat-ing equity and sustainability into policies, laws and institutions that govern environment and natural resources. Leading legal experts will review current global and national law and governance challenges related to climate change, green economy, water and energy resources management. Brief presentations will initiate an interactive dialogue with participants on emerging trends, focusing on the need for new environmental and natural resources legal tools and solutions which support regulations, courts and institutions that can deliver sustainable and equi-table development impacts.

PanelistsMarie-Claire Cordonier Segger, Senior Legal Expert, Sustainable Development, IDLOStefano Burchi, Exectuvie Director, International Association for Water Law (AIDA)Thoko Kaime, Professor, University of Leicester, Malawi Bakary Kante, Director, Environmental Law and Conventions, UN Environment Programme (UNEP)Mauro da Fonseca Ellovitch, Public Prosecutor, Ministério Público do Estado de Minas Gerais, Brazil

ModeratorCharles Di Leva, Chief Counsel, World Bank

Session CoordinatorsMarie-Claire Cordonier Segger, IDLO

RapporteurCatherine Vel, ABA Volunteer

Organized by the Global Forum on Law, Justice and Development Thematic Working Group on Environmental and Natural Resources Law


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Stefano Burchi is an internationally recognized expert in comparative and international water law. He served in the Development Law Service of the U.N. Food and Agriculture Organization where he concluded his tenure as Service Chief. He also advised various organizations and pro-grams on global and trans-boundary water issues, including the U.N. International Law Commis-sion, UNESCO/ISARM Programme, and the World Bank. He has authored numerous publications on water resources law and administration, including FAO Legislative Study Nos. 52 and 80 on “Preparing national regulations for water resources management: Principles and Practice”.

Marie-Claire Cordonier Segger is Senior Legal Expert, Sustainable Development, for the Inter-national Development Law Organization. She has published over 80 papers and 18 books in five languages, including Sustainable Development Law, Sustainable Justice, and Sustainable Devel-opment in World Investment Law. She co-leads the World Bank Global Forum on Law Justice and the Development Thematic Working Group on Environment and Natural Resources Law, and co-edited the World Bank Legal Review, Volume 5. She holds a Ph.D. from Oxford University

Mauro da Fonseca Ellovitch is a Public Prosecutor and Regional Coordinator of the Environ-mental Prosecutors at the Ministério Público do Estado de Minas Gerais. He is an Advisor of the state board of environmental policy of the Minas Gerais State and a Member of the Brazilian Association of Environmental Prosecutors. He is the Author of several articles on topics such as: Environmental Law, Forrest Resources, Sustainable Development, Studies of Environmental Impact in Sugar Cane Plantations, Environmental Licensing, Mining, and The Brazilian Forrest Legal Code.

Charles E. Di Leva is Chief Counsel of the World Bank’s Environmental and International Law Unit. He advises on environmental and social compliance and policy development, and advises the Bank on international environmental treaty matters. He is a former Director of the IUCN En-vironmental Law Center, and a former Senior Program Officer with the Environmental Law Unit of the United Nations Environment Program. He served for four years with the U.S. Department of Justice, Environment and Natural Resources Division, and for six years on environmental mat-ters with the State of Rhode Island. He has also worked in private practice on complex environ-mental litigation. He is also an adjunct Professor at the Washington College of Law at American University and the George Washington University School of Law.

Thoko Kaime is the Editor of Cultural Legitimacy and the International Law and Policy on Cli-mate Change (London: Routledge, 2013) and the author of The Convention on the Rights of the Child: A cultural legitimacy critique (Groningen: Europa Law, Publishing, 2011). He maintains broad interests in the area of public international law and the social critique of law and legal policy. He has written extensively on human rights and sustainability governance, focusing on the intersection between law and legitimacy. He is a founding member of the Law Environment and Development Centre at the School of Oriental and African Studies.

Bakary Kante is the Director of the Division of Environmental Law and Conventions of UNEP. He served as Director of the Environment in his native Senegal, was Chairman of the Subsidiary Body for Implementation of the United Nations Framework Conference on Climate Change and Senegal's representative to the UNEP Governing Council, and led his country's negotiations at African and G-77 meetings. He holds a Doctorate in Environmental Sciences.


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Innovative Approaches to Justice and Legal Reform: Practitioners’ Perspectives on Successful Delivery

Practitioners of the German Development Cooperation, GIZ (Deutsche Gesellschaft für Internationale Zusammen-arbeit) and the German Political Foundation Konrad Adenauer Stiftung, the French JCI (Justice Coopération Interna-tionale) and JICA (Japan International Cooperation Agency) will discuss innovative approaches to delivering justice reform and provide insight into current rule of law projects from different countries and regions like Bangladesh, Serbia, Lebanon and Mexico.

The practitioners are working in various legal, cultural and regional contexts with particular challenges and different expectations by their partner countries. As a result, the layout and goals of their rule of law projects vary. However, all of them acquired a deep understanding and knowledge for helping partner countries to identify the most suit-able way to achieving delivery. In this session, the practitioners will share and discuss their experiences.

Through presentations, group discussion and a Q&A session, the group will tackle the question how to shape a “sci-ence of delivery” for sustainable solutions and maximum impact on the ground. After the event, participants will be invited to a gathering with snacks and drinks and will get the possibility to further engage into discussions with the presenters. Information material on projects and issues of justice and legal reform around the world will be displayed.

OpeningIngrid Hoven, Executive Director, Federal Republic of Germany, World Bank

IntroductionUte Eckertz, German Federal Ministry for Economic Cooperation and Development (BMZ)

PanelistsMike Falke, Head of Project Legal Reform Serbia, Gesellschaft für Internationale Zusammenarbeit (GIZ) Promita Sengupta, Head of the Rule of Law Programme, GIZ Bangladesh Peter Girke, Coordinator of the Rule of Law Programme, Konrad-Adenauer Stiftung (KAS)Naoshi Sato, Senior Advisor on Legal Technical Assistance, Japan International Cooperation Agency (JICA)Karima Zouaoui, General Director, Justice Coopération Internationale (JCI)

ModeratorsWolfgang Babeck, Professor, Bond University Albrecht Stockmayer, Lead Governance Advisor, GIZ

Session CoordinatorMüserref Tanriverdi, Advisor to the Advisory Program ‘Promotion of Good Governance´- GIZ

Rapporteur Deborah Nonhoff, Advisor to the Advisory Program ‘Promotion of Good Governance´- GIZ

Organized by the German Development Cooperation

Reception for participants will follow the Session


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Wolfgang Babeck is a corporate and constitutional lawyer admitted in three jurisdictions: England & Wales, Australia and Germany. For the past 20 years he has been involved in legal and constitutional reforms in Eastern Europe and the CIS including Georgia, Armenia, Uzbekistan, Kyrgyzstan, Lithuania, Bulgaria and Kosovo. On the commercial side he is a practicing solicitor in Sydney for DibbsBarker and for Buse Heberer Fromm. He is an executive of the International Law Section of the Law Council of Australia, the past chair-man of the German-Australian Chamber of Industry and Commerce and adjunct Professor of law at Bond University, Australia.

Mike Falke joined GIZ in 2005 and since then he has been advising on legal and judicial reforms in several countries before he became head of German government-funded Open Regional Fund Law Reform for South East Europe in 2010 and head of Legal Reform Project Serbia in 2011. He studied law with interna-tional orientation in Germany, holds a Master in Law and Development from SOAS, London, UK and a Ph.D. from Humboldt University, Berlin, Germany on “Law Reform in Transition Countries”.

Peter Girke coordinates the worldwide rule of law programs of the Konrad-Adenauer-Stiftung (KAS) from Berlin (HQ), Germany, since 2011. From 2007 to 2011 Mr. Girke directed the Uganda / South Sudan offices of KAS. KAS is a German political foundation engaged in international activities aimed at strengthening de-mocracy and the rule of law, supporting economic development and promoting respect for human rights. Mr. Girke studied law with international orientation in Germany, France and the UK.

Naoshi Sato, LL.M. (London), admitted to the Japanese Bar in 1996, and member of the Committee on International Relations of Japan Federation of Bar Associations, has been involved in legal and judicial technical assistance (TA) in Asian and African countries including Cambodia, China, Cote d'Ivoire, DR Congo, East Timor, Indonesia, Lao PDR, Mongolia, Myanmar, Nepal, Uzbekistan and Vietnam, as a Senior Advisor on legal TA for JICA since 2006. Prior to the current position, he was a JICA long-term legal advisor to the Ministry of Justice of Vietnam. Currently, he also teaches at Chuo Law School, Japan, with broad experience and expertise in legal practices.

Promita Sengupta, heads up the Rule of Law programme for GIZ in Bangladesh, focusing on access to jus-tice, prison and legal reform and corruption prevention, supported by BMZ, DFID and AECID. She currently chairs the donor coordination forum on Justice and Human Rights in the country. She has worked with several UN agencies in New York from 1997 – 2005, and has managed the UN-wide Trust Fund in Support of Actions to Eliminate Violence against Women (2002-2005). Ms. Sengupta holds a Master’s Degree and M.Phil. in German Studies from Jawaharlal Nehru University received a Master’s Degree from Cornell Uni-versity. She was Assistant Professor at the German Department in Delhi University.

Albrecht Stockmayer, LL.M. (Michigan), Dr. iur. (Frankfurt), member of the Frankfurt Bar, is currently Lead Governance Advisor, GIZ, trained as a lawyer and business administrator, 10 years consultant and short term advisor in Africa and Latin America for the World Bank and the UN, joined GIZ as and institutional development advisor, left for OECD/PUMA to be division chief and head of the Governance Outreach Initia-tive, returned to GIZ to lead the Governance and Gender Group and later the Governance Cluster.

Karima Zouaoui is the General Director of JCI, mandated body of the French Ministry of Justice and the legal professions for multilateral cooperation programmes led by the European Union and other interna-tional donors such as UNODC since 2011. JCI has the accreditation to mobilize the Judiciary and the judicial civil servants to strengthen legal and judicial institutions and promote the Rule of Law in all beneficiary countries (Lebanon, Cameroon, Ukraine, Uzbekistan, etc.). Before her current position she was in charge of the juridical and judicial multilateral cooperation within the Union for the Mediterranean.


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General Counsel Roundtable – Part I The Role of Lawyers in Internal IFI Governance

This session is devoted to “The Role of Lawyers in Internal IFI Governance”, a topic that has particular resonance these days at the World Bank, as the institution is undergoing a period of self-analysis and change under the new leadership of President Kim. As part of the process, there is an ongoing debate as to the need, role and scope of the so-called “oversight Bank,” that is to say those parts of the institution, including the Legal Department, that have traditionally—and with varying degrees of independence—exercised a fiduciary, audit, evaluation, quality control or clearance role in the institution’s affairs.

Panelists, composed of General Counsel of various multilateral development institutions, will bring to the table their own internal institutional experiences and exchange views with the audience.

Introductory CommentsJorge Alers, General Counsel and General Manager, Inter-American Development Bank (IDB)Christopher Stephens, General Counsel, Asian Development Bank (ADB)Kalidou Gadio, General Counsel, African Development Bank (AfDB)

ModeratorElizabeth Adu, Former Deputy General Counsel, Operations, World Bank

Session CoordinatorJorge Luis Alva-Luperdi, World Bank

RapporteurKwame Richardson, ABA Volunteer

Sponsored by The OPEC Fund for International Development (OFID)


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Thursday, November 21, 2013 9:00 AM – 10:00 AM | Preston Auditorium

Elizabeth Adu, recently retired from the World Bank as Director for Operations Services for the Latin America and Caribbean Region (LCR). Elizabeth spent most of her career in the World Bank in the Legal Department where she was the Deputy General Counsel, Operations from 2004 - 2007. Before joining LCR in 2009, she was Senior Adviser to the MD charged with implementing reforms to the World Bank's Conflict Resolution System. Elizabeth received her LL.B. from the University of Ghana, Legon and her LLM from Temple University.

Jorge Alers, a dual citizen of Costa Rica and the United States, was appointed General Counsel and General Manager of the Legal Department of the IDB in 2012. Prior to that, Mr. Alers carried out legal and business consulting work from San José, Costa Rica. He was Partner and Head of the Latin America Practice Group at Paul, Hastings, Janofsky & Walker and Wilmer, Cutler & Pickering, both in Washington, DC. Here he focused on providing legal support to international clients investing in Latin American and other emerging mar-kets. Additionally, from 1990 to 1993 he served as Senior Counsel at the Inter-American Investment Corporation, and from 1993 to 1994 as its General Counsel.

Kalidou Gadio is the General Counsel of the African Development Bank (AfDB). Prior to this position, he served as Country Director for North Africa Region and was the Manager of the Operations Affairs Division in the Legal Department. Before joining the AfDB, he worked with Coudert Brothers in New York as an Associate Attorney and with Jeantet et Associés, an international law firm in Paris. He holds an LL.M. from Harvard Law School, an advanced degree in international law from Sorbonne, University of Paris II, and a License en Droit from the University of Mohamed V in Morocco.

Christopher Stephens is the General Counsel of the Asian Development Bank (ADB). ADB’s legal team comprises 80 people and advises the President, Board of Directors, Board of Governors, and departments and offices of ADB in relation to operations, finance, poli-cies, and administration. Prior to ADB, Mr. Stephens was based in Hong Kong for 17 years, where he was the Senior Partner and Asia Managing Partner of Orrick, Herrington & Sutcliffe. He was recommended in all four leading league tables for corporate and project finance, and was 4-time nominee and 2007 winner, Asia Legal Business’ Managing Partner of the Year.


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General Counsel Roundtable – Part II Pushing the Envelope: The Role of IFI General Counsel in Highly Developmental Projects

This session features IFI General Counsel working with the private sector.

One of the roles of the General Counsel of a private sector-focused IFI is to find new ways to enable participation in complex projects in the financial, infrastructure, manufacturing and other sectors and meet the growing demands of member countries and private investors. An IFI relies on its General Counsel to opine on eligibility, advise on new product lines and structures, develop new policies and address different risks and challenges. To this end, the Gen-eral Counsel must exercise creativity, provide thorough legal analysis, reconcile divergent stakeholders and provide strategic insights—indeed, even stretch the boundaries of constituent documents and policies.

Panelists, composed of General Counsel of various multilateral development institutions, will draw on their experi-ence as IFI General Counsel and offer their views about their evolving roles in private sector projects and how they fulfill their responsibilities. They will share examples of unexpected, complex and novel issues they have had to ad-dress and ways in which they have had to “think outside the box” in order to enable a highly developmental project to proceed with the IFI’s involvement.

Introductory CommentsEthiopis Tafara, Vice President and General Counsel, International Finance Corporation (IFC)Sarah E. Fandell, General Counsel, Inter-American Investment Corporation (IIC)Emmanuel Maurice, General Counsel, European Bank for Reconstruction and Development (EBRD)

ModeratorAna-Mita Betancourt, Director and General Counsel, Legal Affairs and Claims Group, Multilateral Investment Guar-antee Agency (MIGA)

Session CoordinatorJorge Luis Alva-Luperdi, World Bank


Sponsored by The OPEC Fund for International Development


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Thursday, November 21, 2013 10:00 AM – 11:00 AM | Preston Auditorium

Ana-Mita Betancourt is the General Counsel of the Multilateral Investment Guarantee Agency (MIGA). Her position oversees eligibility and deal structure, contract negotiation and drafting, dispute resolution, and claims management for the Agency. Prior to MIGA, she was Deputy General Counsel for the Inter-American Development Bank, with respon-sibility for the legal aspects of the Bank’s private-sector activities and Multilateral Invest-ment Fund. She graduated from Stanford Law School and Georgetown University.

Sarah E. Fandell is the General Counsel of the Inter-American Investment Corporation (IIC), an independent multilateral organization of the Inter-American Development Bank (IDB) Group that promotes the economic development of its Latin American and Caribbean developing member countries by financing private enterprises. Ms. Fandell joined the IIC in 2001 from a position in the private sector where she primarily represented U.S.-based clients with respect to their investments and projects throughout Latin America, includ-ing extensive work related to infrastructure projects and privatization. From 1994 to1995, she also worked as an adviser to the Government of Costa Rica, coordinating negotiations involving foreign investment in natural resources. Fluent in Spanish, Ms. Fandell holds an undergraduate degree from Stanford University (1990) and a law degree from Harvard Law School (1994).

Emmanuel Maurice was appointed General Counsel at the EBRD in December 1998. He joined the Bank in 1991, as Assistant General Counsel and became Deputy General Counsel in 1995. Mr. Maurice is responsible for the Office of the General Counsel. This includes the Legal department, which provides institutional and legal advice as well as operational sup-port, the Operations and Administration Department and the Procurement Department. He is a member of the Executive Committee, the Operations Committee, the Treasury Ex-posure Committee and the Operational Risk Management Group. He has Masters' degrees in law from the universities of Paris and Stanford and is a graduate of the Institut d'Etudes Politiques de Paris. Prior to joining the Bank, he worked in the New York and Paris offices of a US law firm (1974-85) and with the International Finance Corporation in Washington (1985-91).

Ethiopis Tafara is Vice President and General Counsel of IFC, a member of the World Bank Group, and a member of the Management Team. He has overall responsibility for all legal matters and oversees IFC’s provision of legal services to internal and external clients. Mr. Tafara, who joined IFC in April 2013, brings a distinguished set of skills and experience to this key position. Prior to joining IFC, he was the Director of the Office of International Affairs at the U.S. Securities and Exchange Commission. Before joining the SEC, Mr. Tafara worked at the U.S. Commodity Futures Trading Commission as Counsel to the Chairman, and in the Chief Counsel’s Office of the Division of Enforcement. He started his legal career in the Brussels office of Cleary, Gottlieb, Steen, and Hamilton. Mr. Tafara holds a J.D. from Georgetown University Law Center and an A.B. from Princeton University.


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Insolvency Law at the Crossroads: the Treatment of Financial Contracts and of Security Interests in Insolvency Part I – Financial Contracts

Insolvency procedures are based on the idea of collective cooperation among multiple participants. Indeed, en-terprise crises require the consideration of a wide range of conflicting interests in order to find solutions that yield optimal results for the economy and society. However, the collective nature of insolvency processes needs to be reconciled with the demands of basic institutions of the credit and of financial markets which are designed for the protection of individual interests, such as secured credit and financial contracts. These two sessions study the tension between insolvency law, on one side, and financial contracts and security interests, on the other.

In the first session, the treatment of financial contracts in insolvency will be considered. An efficient legal treatment of financial contracts is essential for the proper functioning of the financial markets. There are special demands of protection and certainty that may conflict with the general treatment of contracts under insolvency law. The global financial crisis showed that the approach of isolating financial contracts from all the effects of the insolvency proce-dure was not exempt of controversy.

PanelistsMonica Marcucci, Senior Lawyer, Legal Department, Banca d’ItaliaJanis Sarra, Director, Peter Wall Institute for Advanced Studies, University of British Columbia and Professor of Law, UBC Faculty of LawJames M. Peck, Judge, United States Bankruptcy Court Southern District of New YorkMaria Vermaas, Executive Member, Strate Ltd - South Africa’s Central Securities Depository

ModeratorIrit Mevorach, Senior Counsel, World Bank

Session Coordinator Irit Mevorach, World Bank

Rapporteur Francesca Daverio, World Bank


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Thursday, November 21, 2013 11:15 AM – 12:45 PM | Preston Auditorium

Monica Marcucci currently serves as a senior lawyer at the legal department of the Banca d’Italia. She is admitted as a senior attorney at the Italian Supreme Court, and has an extensive experience in representing the Banca d’Italia in several judicial cases regarding bank crises and restructurings. She is the author of papers and articles on financial regula-tion and bankruptcy law and lecturer in Law postgraduate and master’s courses, including at the University of Rome “La Sapienza”.

Irit Mevorach is a Senior Counsel at the World Bank and an Associate Professor of Law at the University of Nottingham (UK). Her areas of expertise are insolvency, company law and private international law. Irit holds law degrees from Tel-Aviv University and a Ph.D. from UCL. From 2006 to 2013, she acted as adviser to the UK delegation in the deliberations of UNCITRAL Working Group V (Insolvency Law) and also worked as attorney at law at Lipa Meir & Co (Israel).

James M. Peck is a Bankruptcy Judge of the Southern District of New York. He is an at-large governor of the National Conference of Bankruptcy Judges, a member of the International Insolvency Institute and its Committee on Systemically Important Financial Institutions, a fellow of the American College of Bankruptcy. He co-chairs the American Bankruptcy Insti-tute’s Advisory Committee on the bankruptcy “Safe Harbors”. He is an Adjunct Professor of finance at NYU’s Stern School of Business. He graduated from Dartmouth College and New York University School of Law.

Janis Sarra is the Director of the Peter Wall Institute for Advanced Studies, the senior re-search institute at the University of British Columbia, Vancouver, Canada. She is Professor of Law, UBC Faculty of Law and founding Director of the National Centre for Business Law. She served as Associate Dean of the Faculty of Law. Her research and teaching interests are in the areas of commercial insolvency law, corporate finance, banking law, corporate governance, securities law, law and law and economics. She has been cited with approval in more than 70 superior and appellate court judgments, including by the Supreme Court of Canada.

Maria Vermaas currently holds the position of Head of Legal and Regulatory at Strate Ltd, South Africa’s Central Securities Depository and serves as an Executive Member of this organization. Maria represented South Africa in the UNIDROIT meetings relating to the Geneva Securities Convention, where she served on various sub-committees and as a Vice-President of the Diplomatic Conference that adopted the Convention. Maria is also an external member and research associate of the Centre for Advanced Corporate and Insol-vency Law, based at the Faculty of Law, University of Pretoria.


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Insolvency Law at the Crossroads: the Treatment of Financial Contracts and of Security Interests in Insolvency Part II – Security Interests

Insolvency procedures are based on the idea of collective cooperation among multiple participants. Indeed, en-terprise crises require the consideration of a wide range of conflicting interests in order to find solutions that yield optimal results for the economy and society. However, the collective nature of insolvency processes needs to be reconciled with the demands of basic institutions of the credit and of financial markets which are designed for the protection of individual interests, such as secured credit and financial contracts.

These two sessions study the tension between insolvency law, on one side, and financial contracts and security interests, on the other.

In the second session, the focus will be on the complex interaction between insolvency law and secured credit. Security interests represent a key technique for the protection and the development of credit. Providers of finance rely on their priority over the collateral to extend credit and to protect themselves against the risk of insolvency. However, the reorganization of the debtor, or even an orderly liquidation of its estate, requires coordination and conciliation of the procedure with the rights of secured creditors. Striking the right balance between the rights of secured creditors and the achievement of the essential goals of the insolvency process represents a challenge for all legal systems.

Panelists Spiros Bazinas, Senior Legal Officer, UNCITRAL SecretariatMichel Deschamps, Partner, McCarthy Tétrault LLPEdwin Smith, Partner, Bingham McCutchen

ModeratorJosé M. Garrido, Senior Counsel, World Bank

Session CoordinatorJosé M. Garrido, World Bank

RapporteurFrancesca Daverio, World Bank


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Thursday, November 21, 2013 2:00 PM – 3:30 PM | Preston Auditorium

Edwin Smith is co-chair of Bingham McCutchen’s Financial Services Area. He has concen-trated his practice in general corporate and commercial law, debt financings, structured financings, workouts, bankruptcies, and international transactions. He actively participated in the drafting of a number of the recent revisions to the Uniform Commercial Code (UCC), Chambers USA, 2005. Prior to being named a partner in 1981, he spent three and a half years in the firm’s London office, where he concentrated in international financing and commercial transactions. He is lecturer in law at the Boston University School of Law.

José M. Garrido, Senior Counsel at the World Bank, is an internationally recognized spe-cialist in company law and insolvency and creditor rights. He is Professor of Commercial and Corporate Law at the University of Castilla-La Mancha (Spain), and has written exten-sively in the areas of corporate law, securities regulation, and insolvency law, where his main focus of research is the treatment of creditors in insolvency. He was General Counsel and Board Secretary of the Spanish Securities Commission, and a member of the Span-ish Anti-Money Laundering Commission. He holds a Ph.D. in Law from the University of Bologna, Italy.

Spiros Bazinas is the Secretary of the UNCITRAL Working Group VI (Security Interests), which is preparing a draft Model Law on Secured Transactions. He is responsible for pre-paring comparative law studies, drafting legislative texts and commentaries, and servicing the Working Group. He also served as Secretary of the Working Group on International Contract Practices. He has co-authored eight books and has published numerous articles on various international trade law topics, particularly, on secured financing. He has taught classes on secured financing in various academic institutions.

Michel Deschamps, Partner in McCarthy Tétrault LLP’s Montréal office, practices bank-ing and commercial law. He participates as a Canadian delegate in law reform projects in the areas of commercial law and personal property security law sponsored by the United Nations Commission on International Trade Law and the International Institute for the Unification of Private Law. He has authored numerous articles. He is Associate Professor on banking law at the Law Faculty, Université de Montréal. He is Chair of the Québec Bar Law Review and the Secured Transactions Committee of the Québec Bar.


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Stretching Financial Resources to Deliver Development – Innovative Uses of Existing Financial Capacity and Harnessing New Funds

The World Bank Group is engaged in a major change process. The change agenda sets ambitious new develop-ment goals which will stretch our financial capacity. At the same time, the World Bank Group entities—like other international financial institutions—are grappling with financial sustainability issues. Most international lending institutions face capital constraints or other limitations on their ability to substantially increase lending, investment, and grant activities. All of our institutions are looking for ways to do more within these constraints. One option is to find ways to share risks with clients, shareholders, other international organizations, and investors in order to free up lending capacity and increase lending limits on existing balance sheets. Another option is to create new entities that can mobilize funding from unconventional sources while still leveraging the knowledge base of existing international financial institutions. Such new entities can be structured in a variety of ways, and tailored to the needs of particular stakeholders. Another challenge that most international financial institutions face is income generation in a low interest rate environment, since our institutions typically depend on investment income to fund essential development activities. All of the initiatives under discussion to meet these challenges involve significant legal issues and substantial legal involvement in structuring solutions. This session will discuss the most timely such issues, with participation from other international financial institutions.

ModeratorsJ. Clifford Frazier, Chief Counsel, World BankAlex Iorio, Chief Counsel, World Bank

Session CoordinatorsJ. Clifford Frazier, World BankAlex Iorio, World Bank

RapporteurKwame Richardson, ABA volunteer


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Thursday, November 21, 2013 11:15 AM – 12:45 PM | Main Complex 7-100


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IFIs and Intergovernmental Organizations in the Information Age – Open Knowledge

The World Bank recognizes that in addition to being valuable organizational assets, information and data are in-creasingly used as key development tools. As a result, the World Bank today is a “knowledge bank” as much as it is an international financial institution, and subscribes to the “Open Data” philosophy. This session will examine how the World Bank and other intergovernmental organizations can ensure that the information and knowledge vital to development are protected, but also shared and used as widely as possible. What level of protection against abuse is consistent with encouraging innovation in development? The session will provide an overview of recent institutional issues encountered by the World Bank and other institutions in development, including copyright and trademark matters.

Topics discussed by the panel will include:

• Copyright issues facing IGOs, including use of Creative Commons licenses.• Addressing innovation and technology transfer in development.• Trademark challenges for IGOs, including pursuing international protection of our names andmarks.• Addressing fraud and abuse involving IGO names and logos.

PanelistsGordon Myers, Chief Counsel, International Financial Corporation (IFC) Rowena Gorospe, Senior Counsel, World BankAlonso Chaverri-Suarez, Senior Specialist Attorney, Inter-American Development Bank (IDB)

ModeratorIngo Burghardt, Senior Counsel, World Bank

Session CoordinatorIngo Burghardt, World Bank

Rapporteur Yelina Judith Grados Salinas, World Bank


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Thursday, November 21, 2013 11:15 AM – 12:45 PM | Main Complex 8-100

Ingo Burghardt is a Senior Counsel in the Institutional Administration unit of the World Bank's Legal Vice Presidency. His practice includes advising Bank management on legal matters relating to IT licensing, data protection practices, cloud computing, and privacy issues. In addition, he works with his colleagues to provide IP advice to the World Bank focusing on copyright, trademark and related issues. He has been actively involved in the Bank's efforts to protect its name and marks on the internet, including working with ICANN to ensure protection of the names and acronyms of Intergovernmental Organizations when new domain names are assigned by ICANN.

Alonso Chaverri-Suarez is a Senior Specialist Attorney at the Legal Department of the Inter-American Development Bank. He advises the IDB on, among other subjects, intellectual property and technology-related legal issues. He has represented the IDB in joint efforts by international organizations in this field, including the protection of names and acronyms in an expanding Domain Names System and the preparation of the Creative Commons IGO licenses. He holds a doctorate in law from Universidad Compluntese de Madrid.

Rowena Gorospe is a Senior Counsel in the Institutional Administration Unit with respon-sibility for advising on intellectual property issues in both the institutional and operational aspects of the Bank. Rowena handles IP related legal aspects in the use of the Bank’s name, publishing, media and licensing among others. She has an LL.M. in International Le-gal Studies from the Washington College of Law, American University. She was the Director for the UN and International Organizations division on Trade of the Philippines Department of Foreign Affairs.

Gordon Myers is Chief Counsel, Technology and Private Equity, of the International Finance Corporation. Gordon has been lead counsel for IFC's venture capital and funds investment practices, including impact funds targeted to climate, health and education innovation. He has also been responsible for IFC's intellectual property and information security practices, and is a member of IFC's Information Technology Governance group. He holds an A.B. from Stanford University, a J.D. from Stanford Law School and an M.B.A. from The Wharton School of the University of Pennsylvania.


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Book Launch: World Bank Legal Review Volume 5 Fostering Development through Opportunity, Inclusion and Equity

What exactly is the nature of the relationship between justice, rule of law and development? And how can such relationship be harnessed to improve the lives of people around the world sustainably? This volume of The World Bank Legal Review tackles these crucial questions head on. The 32 chapters by distinguished scholars and practitio-ners offer myriad ideas on the interrelation between development and the rule of law. They also present a plethora of practical lessons about translating insights into real life outcomes. Foremost among those lessons is that sustain-able development both demands and delivers opportunity, inclusion, and equity; regulatory innovation can help people secure durable economic opportunities; access to justice can be a pathway for social inclusion and greater citizen engagement; while legal empowerment can promote greater equity in the distribution and enjoyment of public goods.

Discussants Hassane Cissé, Deputy General Counsel, Knowledge and Research, World BankN. R. Madhava Menon, Hon. Professor & IBA Chair in Continuing Legal Education, National Law School of India, BangaloreMarie-Claire Cordonier Segger, Senior Legal Expert, Sustainable Development, International Development Law Organization (IDLO)Vincent O. Nmehielle, Professor of Law and Head of the Wits Programme on Law, Justice and Development in Africa School of Law, University of the Witwatersrand, Johannesburg, South Africa

ModeratorW. Paatii Ofosu-Amaah, Special Adviser to the President, African Development Bank

Sponsored by the OPEC Fund for International Development (OFID)


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Thursday, November 21, 2013 12:45 PM – 2:00 PM | Main Complex 13-121

Hassane Cissé joined the World Bank in 1997 after serving for seven years as Counsel at the International Monetary Fund. He has been Deputy General Counsel, Knowledge and Research, of the Bank since 2009. In this capacity, he provides intellectual leadership on strategic legal issues facing the Bank, oversees advisory services on law and justice reforms, and leads the Bank’s knowledge agenda on law, justice, and development. He is the editor-in-chief of the World Bank’s Law, Justice and Development Series; has authored several papers on international economic law and law, justice, and development; and coedited the 2012 and 2013 volumes of The World Bank Legal Review. Prior to his current position, Mr. Cissé served for several years as Chief Counsel for Operations Policy of the World Bank. In this capacity, he contributed to the modernization and simplification of the Bank’s legal and policy framework, and as legal adviser on governance and anti-corruption, he led the exercise that resulted in the adoption by the Bank in 2006 of an expanded policy frame-work for sanctions. He was appointed in 2007 to serve as a member of the World Bank’s newly established Sanctions Board. Mr. Cissé obtained his LL.B. from Dakar University in Senegal, where he graduated at the top of his class; he also holds an LL.M. degree from Harvard Law School as well as graduate law degrees from the Universities of Paris I Panthéon-Sorbonne and Paris II Panthéon-Assas and a graduate degree in history from Paris I University. Mr. Cissé is a member of the World Economic Forum Global Agenda Council on the Rule of Law.

Marie-Claire Cordonier Segger is Senior Legal Expert, Sustainable Development, for the International Development Law Organiza-tion. She has 20 years of global treaty negotiations and programming experience that spans 79 countries of the Americas, Africa, and Asia Pacific, and she has published over 80 papers and 18 books in five languages, including Sustainable Development Law (Oxford University Press), Sustainable Justice (Martinus Nijhoff), and Legal Aspects of Implementing the Cartagena Protocol on Biosafety (Cambridge University Press). She co-leads the World Bank Global Forum on Law, Justice and Development Thematic Working Group on Environment and Natural Resources Law. In an academic capacity, Dr. Cordonier Segger also coedits the Cambridge University Press series Implementing Treaties on Sustainable Development and serves as Senior Director for the Centre for International Sustainable Development Law (CISDL). She is an Affiliated Fellow of the Cambridge University Lauter-pacht Centre for International Law (LCIL); Visiting Professor of the University of Chile Faculty of Law; Rapporteur of the International Law Association (ILA) Experts Committee on International Law and Sustainable Development of Natural Resources; and Councilor of the World Future Council. Dr. Cordonier Segger is on the boards of ILA Canada, Nigeria’s Journal of Sustainable Development Law and Policy, and the Cambridge Journal of Interna-tional and Comparative Law. Previously, Dr. Cordonier Segger has served as Senior Director of Research for Sustainable Prosperity, A/Director of International Affairs for Canada’s Ministry of Natural Resources, Americas Portfolio Director for the International Institute for Sustainable Development and UN Environment Programme, and Associate Fellow of the Royal Institute for International Affairs.

N. R. Madhava Menon holds degrees from Kerala University (B.Sc. and B.L.), Aligarh Muslim University (LL.M. and Ph.D.), and Punjab University (M.A.). He was enrolled as an Advocate in the Kerala High Court in 1956 at the early age of 20. Dr. Menon left active legal practice and in 1960 joined the faculty of Aligarh Muslim University, where he continued his teaching and research until 1965 when he joined Delhi University and became Professor and Head of the Campus Law Centre. During this period, he was deputed to serve as Principal of Government Law College, Pondicherry, and Secretary of the Bar Council of India Trust. In 1986, at the invitation of the Bar Council of India, Dr. Menon moved to Bangalore to set up the National Law School of India University (NLSIU) and to initiate a new model of legal education, the five-year integrated LL.B. program. He served NLSIU as its Founding Vice Chancellor for 12 years. The success of the Bangalore model led to the establishment of 15 similar law schools elsewhere in India. From 1998 to 2003, he served as the Founding Vice Chancellor of the National University of Juridical Sciences, from where the Supreme Court sought his services to set up the National Judicial Academy (NJA) at Bhopal. Dr. Menon was the Founding Director of NJA until 2006, when he retired from active employment. On his retirement, the government of India appointed him as a member of the Commission on Centre-State Rela-tions (2006–2010) and decorated him with several honors. Dr. Menon now holds the International Bar Association Chair on Continuing Legal Education at the National Law School, Bangalore. He also is the Chairman of the Menon Institute of Legal Advocacy Training, an educational charity based in Trivandrum, where he lives. Dr. Menon is the author of more than a dozen books on legal education, the legal profession, judicial training, and the administration of justice.

Vincent O. Nmehielle, a Barrister and Solicitor of the Supreme Court of Nigeria, has over 22 years of professional and academic experi-ence. He was recently appointed Legal Adviser of the African Union. He is also a Professor of Law and Head of the Wits Programme on Law, Justice and Development in Africa at the University of the Witwatersrand (Wits) School of Law in Johannesburg, South Africa, where he has taught since February 2002 and where he held the Bram Fischer Chair in Human Rights Law from 2002 to 2004. He was a Professorial Lecturer in law at the Oxford University and George Washington University Human Rights Program in 2003 and 2004. From 2005 to 2008, Professor Nmehielle served as the Principal Defender of the UN-backed Special Court for Sierra Leone in Freetown, Sierra Leone. He holds an LL.B. from the Rivers State University of Science and Technology, Port Harcourt, Nigeria; an LL.M. in interna-tional law from the University of Notre Dame; and an SJ.D. in international and comparative law from The George Washington Universi-ty, Washington, D.C. Professor Nmehielle specializes in international and comparative law, and his professional, academic, and research interests lie within the areas of law, governance, justice, and development in Africa. He has written and consulted on constitutional issues, human rights, international justice, and governance in Africa. His recent works include Africa and the Future of International Criminal Justice (Eleven International, 2012).

W. Paatii Ofosu-Amaah is Special Adviser to the President of the African Development Bank. Prior to joining the AfDB, Mr. Ofosu-Amaah worked for 29 years at the World Bank and held several senior positions, the last being Vice President and Corporate Secretary of the World Bank Group. Prior to that appointment in 2003, He served the World Bank for 23 years in its Legal Vice Presidency, where he was, inter alia, Acting General Counsel, Deputy General Counsel, Chief Counsel, Africa Division and Legal Adviser, Environmental Af-fairs. Before joining the World Bank, he worked as an associate in the New York law firm of Davis Polk & Wardwell and as Legal Officer in the Food and Agriculture Organization of the United Nations in New York. He has been Visiting Professorial Fellow at Queen Mary College, London University. He serves on the Board of the Nelson Mandela Institution and the International Law Institute (Uganda) as well as of other not-for-profit corporations. He has published and written on a variety of subjects, including on selected legal aspects of combating corruption, governance-related issues, environment management and negotiation issues, capacity building and legal and judicial reform, particularly in Africa. He has law degrees from the University of Ghana and Harvard Law School.


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New Ways of Working Together: Joint Co-financing by IFIs in Megaprojects

Large infrastructure projects will more and more require International Financial Institutions (IFIs) to work together to provide financing. This session will explore the particular legal and policy issues raised during the preparation of jointly co-financed projects. Among other things, the panelists will share their experiences working in this type of operations, the challenges they encountered, the lessons they learned, and their views on the opportunities for future projects. Issues such as the application of multiple sanctions regimes, the conciliation of procurement rules, the coordination of safeguard aspects of the project and the challenges of multi-country operations will be discussed.

PanelistsKishor Uprety, Senior Counsel, World BankKevin McTigue, Attorney, Inter-American Development BankJimena Garrote, Senior Counsel, World Bank

ModeratorNicola Barr, General Counsel, European Investment Bank

Session CoordinatorsAdam Shayne, World BankKishor Uprety, World Bank Jimena Garrote, World Bank



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Nicola Barr graduated in law from Trinity College, Dublin. After qualifying as a solicitor in Ireland, she became specialized in aircraft finance. In the mid-1990s Nicola took her experi-ence to the EIB and gradually increased her responsibilities, including handling the legal issues on the introduction of the euro. It was when she was appointed Director that she widened her horizons from financial questions to institutional matters, which prepared her for her role as General Counsel.

Jimena Garrote currently serves as Senior Counsel of the World Bank’s Legal Department. Her work has focused on the provision of advice on legal aspects of operations in Latin America, and on human rights, criminal justice and security worldwide. Before joining the Bank, Jimena was a human rights lawyer in Argentina, where she represented disadvan-taged communities before national and international courts. She has taught several human rights and international public law courses. Ms. Garrote graduated from the University of Buenos Aires, holds an M.A. in International Relations (U. of Barcelona), and an LL.M. (U. of Michigan).

Kishor Uprety is a lawyer with more than 30 years in the profession. He has been, for 22 years, associated with the World Bank’s Legal Vice Presidency, where he currently is a Senior Counsel. Through the Bank, he has worked on a number of issues of development pertaining to more than 25 countries in Asia, Africa, Europe, and the Middle East. Kishor, who holds a Doctorate degree in law, has been a Guest Speaker at a number of profession-al and academic institutions. He has also served on the Editorial Board of the World Bank’ Series on Law, Justice and Development.

Kevin McTigue serves as an Attorney in the Legal Department of the Inter-American Devel-opment Bank. He has worked in operations both on the public- and private-sector side of the IDB’s activities, in projects ranging throughout South America, the Caribbean, and Cen-tral America. He received his J.D. from Georgetown University, and began his legal career at the New York office of the law firm Shearman & Sterling. He also worked as a consultant in Lima, Peru, with a United Nations Development Program-funded project to promote foreign investment in that country.


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Integrity in Aid Financed Procurement – A Look at Anti-Corruption Stan-dards for Aid Financed Procurement

Official Development Assistance (ODA) reached approximately USD 130 billion in 2011, and significant share of it is subject to procurement. Evidence suggests that the anti-corruption provisions in place to ensure integrity in aid financed procurement vary greatly by donor and by institution. The 1996 DAC Recommendation on Anti-Corruption Proposals for Bilateral Aid Procurement asked all donors to include anti-corruption provisions in their aid programs. A stocktake of progress carried out in 1997 suggests that almost all donors had included some provisions to this effect. The 2010 Agreement for Mutual Enforcement of Debarment Decisions signed amongst five leading multi-lateral development banks (WB, IADB, AfDB, ADB, EBRD) was a major step towards ensuring better enforcement of anti-corruption provisions in aid financed procurement.

The Development Assistance Committee (DAC) and the Working Group on Bribery are now undertaking an update to the 1996 Recommendation, while taking stock of donor practices on anti-corruption measures in ODA financed procurement. Preliminary findings suggest that there is much room for improvement on practices related to anti-corruption controls/provisions in ODA financed procurement. In particular, few donors have effective corruption mechanisms to uncover corrupt behavior, and very few bilateral donors use debarment as a sanction for corrupt behavior. Very few donors collect and publish statistics on corruption in their aid programs.

This session provides an opportunity for multilateral development banks and bilateral donors to meet and debate on a number of issues related to integrity in public procurement. The central question is: what prevents donors from applying rigorous anti-corruption standards in aid programs? Panelists will have the chance to look at issues such as debarment and the potential for increased fiduciary standards in the context of new lending instruments and programme/budget support instruments.

PanelistsStuart Kerr, Director, Legal and Regulatory, Millennium Challenge CorporationPaul Ezzeddin, Senior Policy Officer, World BankJessica Tillipman, Assistant Dean, George Washington UniversityWilliam Garcia Pinto Coelho, Public Prosecutor, Ministério Público de Minas Gerais, Brazil

ModeratorNicola Bonucci, General Counsel, Organization for Economic Co-operation and Development (OECD)

Session CoordinatorKjetil Hansen-Shino, Lead Governance Advisor, OECD

RapporteurThomas Chahine, ABA volunteer


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Nicola Bonucci is the Director for Legal Affairs of the OECD. He focuses on general public international law issues, participating in the negociation of international agreements, inter-preting the basic texts of the Organisation, and providing legal opinions to the senior man-agement, the Council, and its subsidiary bodies. Prior to joining the OECD, he served as a Legal Officer with the Food and Agriculture Organisation of the United Nations in Rome where he provided developing countries, especially those in Africa, with legal assistance on natural resources law.

Paul Ezzeddin is a Senior Policy Officer for the World Bank’s Office of Evaluation and Suspension (OES). He assists OES in reviewing sanctions cases and determining whether to suspend the contracting eligibility of respondent firms and individuals. He also plays an active role in the Bank’s working group on sanctions policy. Prior to joining OES in October 2007, he worked for the law firm of Simpson Thacher and Bartlett LLP in New York, where his practice focused on mergers and acquisitions and private investment funds.

William Garcia Pinto Coelho is a Brazilian Public Prosecutor for the Special Anticorruption Unit of Attorney-General Office of the Minas Gerais state. He is an Advisor to the presi-dency of the International Association of Law Enforcement Intelligence Analysts – Chapter Brazil. He holds a graduate degree in law at National Law University – Rio de Janeiro, Brazil and a postgraduate degree in Intelligence and Human Rights at Fundação Escola Superior do Ministério Público de Minas Gerais, Belo Horizonte, Brazil.

Stuart Kerr is the Director, Legal and Regulatory, of the Millennium Challenge Corpora-tion. Prior to his appointment to MCC, he served for three years (2002-2005) as the Senior Counsel for Europe and Eurasia at the Department of Commerce’s Commercial Law Devel-opment Program (CLDP). Prior to joining CLDP, he spent 15 years as the Executive Director of the International Law Institute, which focuses on legal training, technical assistance, research and publishing.

Jessica Tillipman is a Senior Editor of the FCPA blog and Assistant Dean for Field Placement and Professorial Lecturer in Law at The George Washington University Law School, where she teaches an Anti-Corruption seminar. She also advises companies on FCPA compliance and government procurement-related issues. Before joining GW, she worked at a major law firm in the government contracts and white collar criminal defense and counselling practice. She also served as a law clerk to the Honourable Lawrence S. Margolis of the U.S. Court of Federal Claims.


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The Evolving Role of Internal Dispute Resolution Systems

International financial institutions and multilateral organizations are afforded certain privileges and immunities under international law from employment claims in national courts. In exchange for these exemptions, they are required to establish effective and robust mechanisms for resolving conflicts which may arise in the course of one’s employment.

An evolving internal dispute resolution system is essential to effectively meet the needs of employees, external clients, and the institution. It is a critical component needed to advance development delivery and ensure sustain-able development impact.

During this session, panelists will discuss the importance of an effective integrated internal dispute resolution sys-tem and its characteristics. They will compare and contrast the different informal and formal dispute mechanisms within their organizations, and the support and structure required to operate successfully. They also will share best practices and lessons learned.

PanelistsJohnston Barkat, Assistant Secretary-General, United Nations Ombudsman and Mediation ServicesJennifer Lester, Assistant General Counsel, International Monetary FundDaniel Fuster, Advisor to the Vice Presidency for Finance and Administration, Inter-American Development Bank

ModeratorAlison Cave, Conflict Resolution System Coordinator, World Bank

Session CoordinatorsCarolyn Schiller, World BankJodi T. Glasow, World Bank

RapporteurCarolyn Schiller, World Bank


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Johnston Barkat serves as Assistant Secretary-General, heading the United Nations Ombudsman and Mediation Services, which is the informal resolution pillar of the United Nations internal justice system. He reports directly to the Secretary-General and oversees offices in New York, Santiago, Bangkok, Vienna, Geneva, Nairobi, Entebbe and Kinshasa. Mr. Barkat is an internationally recognised expert in mediation and conflict resolution. He has taught at Columbia University’s International Center for Cooperation and Conflict Resolution, is a Distinguished Visiting Professor at Pace University and an honorary faculty of dispute resolution for the University of Granada School of Law, in Granada Spain.

Alison Cave is the Coordinator of the World Bank Group’s Conflict Resolution System. An urban planner by training, she joined the Bank in 1994 and has worked in the Middle East/North Africa, Europe/Central Asia and Africa Regions mainly on issues of infrastructure, fiscal and administrative decentralization, urban environment, land administration, and cultural heritage. She also served as Staff Association Chair during which time she worked on institutional issues relating to human resources, institutional governance and internal justice.

Daniel Fuster is Advisor to the Vice Presidency for Finance and Administration (VPF) at the Inter-American Development Bank (IDB). Mr. Fuster joined the IDB in 2005, and has worked in the Human Resources Department as Labor Relations Senior Specialist and Group Head of Labor Relations, as well as HR Business Partner. In his role as Labor Rela-tions Senior Specialist and Group Head, Mr. Fuster has provided support and advice to the VPF Office and to client Vice-Presidencies, Departments, and Units across the IDB.

Jennifer Lester is an Assistant General Counsel at the International Monetary Fund (IMF) in Washington, DC. Ms. Lester joined the IMF in 1997, and heads the Administrative Law Unit of the Legal Department. She is responsible, among other duties, for advising on the interpretation and application of staff rules and regulations, as well as matters relating to the IMF's immunities, contracts, ethics and the resolution of employment-related disputes. She leads a team of lawyers who represent the Fund in formal adjudicatory proceedings.


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ICSID 101: An Introduction to ICSID Convention Arbitration Proceedings

ICSID is an intergovernmental organization established by the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention) in 1966, and is universally recognized today as the premier arbitral institution for international investment matters. ICSID’s primary purpose is to provide facili-ties and services to support conciliation and arbitration of international investment disputes in support of overall economic development.

The ICSID Secretariat will be offering an introductory course on ICSID practice and procedure. This course is aimed at anyone interested in ICSID arbitration who has not yet gained substantial experience in the field. It would be especially useful for government officials, legal practitioners, and members of international financial institutions addressing investment and investment climate.

The Secretary-General of ICSID, accompanied by staff of the Secretariat, will guide participants through the work-ings of the ICSID system of arbitration and provide an overview of the process involved at each stage of an ICSID arbitration.

This condensed course offers a unique chance to learn more about ICSID through discussions directly with the Secretary-General and staff of the Secretariat.

Presenters James Claxton, Legal Counsel, International Centre for Settlement of Investment DisputesMercedes Cordido-F. de Kurowski, Legal Counsel, International Centre for Settlement of Investment DisputesGeraldine Rebeca Fischer, Legal Counsel, International Centre for Settlement of Investment DisputesMeg Kinnear, Secretary-General, International Centre for Settlement of Investment Disputes

Session Coordinators Aïssatou Diop, Legal Counsel, International Centre for Settlement of Investment DisputesMarisa Planells-Valero, Legal Consultant, International Centre for Settlement of Investment Disputes

Organized by the International Centre for Settlement of Investment Disputes


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Friday, November 22, 2013 9:30 AM – 11:00 AM | Main Complex 13-301 (Board Room)

James Claxton is Legal Counsel at the International Centre for Settlement of Investment Disputes at the World Bank. He formerly practiced international arbitration as an associate in the Paris offices of two global law firms.

Mercedes Cordido-F. de Kurowski is Legal Counsel at the International Centre for Settle-ment of Investment Disputes at the World Bank. She formerly worked as an attorney in Caracas, and as legal counsel with the international department of a bank in Caracas.

Geraldine Rebeca Fischer is Legal Counsel at the International Centre for Settlement of Investment Disputes at the World Bank. Prior to joining ICSID, she worked as a Senior Research Fellow at the Centre for International Law at the National University of Singapore, and as a private practice attorney focusing on international arbitration in Washington, D.C. She also worked as an attorney at the U.S. Department of Commerce where she partici-pated in the negotiation of several free trade agreements and bilateral investment treaties.

Meg Kinnear is the Secretary-General of the International Centre for Settlement of Invest-ment Disputes at the World Bank. Formerly, she was the Senior General Counsel and Direc-tor General of the Trade Law Bureau of Canada. She was Executive Assistant to the Deputy Minister of Justice of Canada and Counsel at the Civil Litigation Section of the Canadian Department of Justice. She has frequently spoken on and published with respect to inter-national investment law and procedure, including as a co-author of Investment Disputes under NAFTA.


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Measuring and Delivering Justice in the Post-2015 Agenda

The links between development, justice and the rule of law are widely acknowledged. With the end date of the Millennium Development Goals in sight, an opportunity has now arisen to formulate and include rule of law and justice in the post-2015 development agenda. It is now the time for the justice and development community to discuss and agree upon ambitious but realistic goals for the continuing integration of rule of law and justice into the broader development agenda.

This push towards a more coherent strategic vision requires commensurate advances in the science of delivering justice. Measurement is a critical, albeit inherently challenging, component of assessing and developing justice and rule of law activities and strategies at local, national and regional levels of implementation. Effective indicators for a global development agenda must measure law and justice comparatively across countries, while still contributing to stronger accountability between citizens and their governing institutions. With respect to feasibility, they must also relate and interact efficiently with existing systems. Despite these challenges, new innovations in measur-ing and delivering justice are continually evolving and justice related data sources and media are becoming more numerous, more readily available and more effective.

This workshop will address where and how justice and rule of law best fits into the ongoing development of the post-2015 agenda, and discuss how the latest innovations in measurement of justice can inform the development of targets and indicators to meet these priorities. Through interactive discussion, members of the Thematic Work-ing Group on Rule of Law will explore challenges and innovations in cross-country processes of measuring and evaluating justice, reflect on the relevance of the post-2015 conversation to national priorities and contexts, and discuss ways that the post-2015 framework can strengthen government accountability for citizens.

Session Keynote SpeakerEdric Selous, Director, Rule of Law Unit in the Executive Office of the Secretary-General at the United Nations

PanelistsUzeyir Karabiyik, Judge, Turkish Ministry of JusticeVivek Maru, Chief Executive Officer, Namati

ModeratorMartin Gramatikov, Head of Measurement and Evaluation, The Hague Institution for the Internationalization of Law

Session CoordinatorsThematic Working Group on Justice and Rule of Law Reform

RapporteurAdrianne Laneave, ABA Volunteer

Organized by the Global Forum on Law, Justice and Development Thematic Working Group on Justice and Rule of Law ReformVideo Conference with E-Justice


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Friday, November 22, 2013 9:30 AM – 4:30 PM | Main Complex 2-800

Martin Gramatikov is the Head of Measurement and Evaluation at HiiL Innovating Justice. He has a law degree and Ph.D. in political science. His main area of expertise is quantita-tive empirical legal research. Currently, together with his colleagues at HiiL he conducts justice needs studies in Yemen, Mali, The Netherlands and Indonesia. Martin also works on enhancing the existing indicators of Rule of Law as well as the application of Big Data in justice. Martin is member of the Scientific Committee of the European Union Fundamental Rights Agency.

Uzeyir Karabiyik is a judge in the Department of International Law of the Ministry of Justice of Turkey. He specializes in international criminal law. Mr. Karabiyik has an LL.M. degree from American University, Washington College of Law with a specialization of inter-national business law. Previously, Mr. Karabiyik served as an attorney at law, as a military prosecutor and as a public prosecutor.

Vivek Maru founded Namati in 2011 to build the movement for legal empowerment around the world. From 2003 to 2007, Mr. Maru co-founded and co-directed the Sierra Leonean organization Timap for Justice. While in Sierra Leone he also supervised the hu-man rights clinic at Fourah Bay College. From 2007 to 2011, he served as Senior Counsel in the Justice Reform Group of the World Bank. His work focused on rule of law reform and governance, primarily in West Africa and South Asia. Mr. Maru graduated from Harvard College, magna cum laude, and Yale Law School.

Edric Selous is the Director of the Rule of Law Unit in the Executive Office of the Secretary-General at the United Nations. He is a practicing attorney in the UK. He worked at the Department of Peacekeeping Operations as a Legal Adviser and also served in policy posi-tions. He was Deputy Chief of Staff in the United Nations Mission in Kosovo, Legal Adviser with the United Nations Relief and Works Agency for Palestine Refugees in the Middle East, and Senior Programme Officer with the OECD on corruption issues.


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Drivers of Corruption and How Multilateral Development Banks’ Legal and Policy Mechanisms Can Help Fight Corruption

The session will discuss the progress made by the Working Group in gathering and synthesizing the fairly abundant knowledge already generated by scholars and practitioners on the underlying opportunities and incentives for corruption. The program under the auspices of the GFLJD aims at enhancing the efficacy of MDBs’ legal and policy mechanisms for fighting corruption by better aligning those mechanisms and the modalities for their application with the most current understanding of the drivers of corruption.

PanelistsNicola Bonucci, General Counsel, Organization for Economic Co-operation and Development (OECD)Tina Søreide, Professor, University of Bergen Fausto Martin de Sanctis, Federal Judge, Federal Appeals Court, Sao Paolo, Brazil Steven Burgess, Senior Operations Officer with the Preventative Services Unit of the Integrity Vice Presidency (INT), World Bank

ModeratorFrank Fariello, Lead Counsel, Legal Vice Presidency, World Bank

Session CoordinatorFrank Fariello, World Bank

RapporteurGiovanni Bo, World Bank

Organized by the Global Forum on Law, Justice and Development Thematic Working Group on Governance and Anti-Corruption


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Friday, November 22, 2013 11:15 AM – 12:45 PM | Main Complex 13-301 (Board Room)

Nicola Bonucci is the Director for Legal Affairs of the OECD. He focuses on general public international law issues, participating in the negociation of international agreements, inter-preting the basic texts of the Organisation, and providing legal opinions to the senior man-agement, the Council, and its subsidiary bodies. Prior to joining the OECD, he served as a Legal Officer with the Food and Agriculture Organisation of the United Nations in Rome where he provided developing countries, especially those in Africa, with legal assistance on natural resources law.

Steven Burgess is a Senior Operations Officer with the Preventative Services Unit of the Integrity Vice Presidency (INT) in the World Bank. His duties include extracting operational lessons from investigations and providing advice to INT investigators and to operational staff. He has extensive experience designing and supervising development projects and providing training in a wide range of development activities. He was the Banks’ anticorrup-tion focal point in the Indonesia office and for the East Asia and Pacific Region. Prior to his work with the World Bank he was a consultant to government and donor agencies across Indonesia.

Fausto Martin De Sanctis is a Federal Appellate Judge in Brazil’s Federal Court for Region 3, with jurisdiction over the states of São Paulo and Mato Grosso do Sul. He holds a Doctor-ate in Criminal Law from the University of São Paulo’s School of Law and an advanced degree in Civil Procedure from the Federal University of Brasilia in Brazil. He was a Public Defender in São Paulo from 1989-1990, and a State Court Judge, also in São Paulo, from 1990-1991, until being appointed to the Federal Courts.

Frank Fariello is a Lead Counsel with the Operations Policy Practice Group of the World Bank’s Legal Vice Presidency. He is the Bank’s primary legal focal point for its Governance and Anticorruption strategy and sanctions system. Since joining the Bank in 2005, he has also worked on a range of other legal policy issues, including the Legal Harmonization Initiative, the Bank’s engagement in the criminal justice sector, and the legal aspects of the Bank’s Middle-Income Countries strategy. He is Vice Chair of the American Bar Associa-tion’s International Anticorruption Committee.

Tina Søreide is postdoc Researcher in Law & Economics at the Faculty of Law, University of Bergen. From 2008 to 2010 she worked on the World Bank’s Governance and Anti-Corruption agenda. Her academic teaching includes courses in political economy for the Department of Economics, University of Bergen, and the economics of corruption for The International Anti-Corruption Academy. She holds a Ph.D. in Economics from the Norwe-gian School of Economics and Business Administration . Her recent publications include the International Handbook on the Economics of Corruption Volume 2, co-edited with Susan Rose-Ackerman.


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Delivering Justice to the People: Innovations from the Sao Paulo Judiciary

Escola Paulista de Magistratura will present good practices of the Brazilian judicial system that are considered repli-cable in other national contexts:

• Paperless case management • Mobile courts • Small case tribunals

The presentation will be followed by an interactive question and answer session.

Introduction Christina Biebesheimer, Chief Counsel, World Bank

Panelists Fernanda Galizia Noriega, Judge, Escola Paulista de MagistraturaDaniel Carnio Costa, Judge, Escola Paulista de MagistraturaArmando Sergio Prado de Toledo, Judge, Escola Paulista de Magistratura

Moderator Isabella Micali Drossos, Senior Counsel, World Bank

Organized by the Global Forum on Law, Justice and Development Thematic Working Group on Justice and Rule of Law Reform



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Friday, November 22, 2013 12:45 PM – 2:00 PM | Main Complex East Dining Room

Christina Biebesheimer is Chief Counsel of the Justice Reform Practice Group in the Legal Vice-Presidency of the World Bank. Prior to joining the Bank she was Principal Specialist in Modernization of the State in the Inter-American Development Bank and an associate with the law firm of Milbank,Tweed, Hadley and McCLoy. She received her B.A. from the University of Iowa, studied at the Universidade Classica de Lisboa, and received her J.D. from Harvard Law School.

Daniel Carnio Costa is a Trial Judge at the 1st Bankruptcy Court of São Paulo – Brazil. He is Professor and Coordinator at UNAERP and FADISP Law Schools in Brazil, as well as Profes-sor and Coordinator at the São Paulo School of Judges. He holds a Master’s Degree and a Ph.D. from the Pontifical Catholic University of São Paulo and is currently attending an LL.M. on Comparative Law at the Cumberland School of Law/Samford University (USA).

Fernanda Galizia Noriega is a Trial Judge at the 13th Civil Court of the São Paulo Central Court since 2007 and is Coordinator of the International Law Area at the São Paulo School of Judges. She holds Master’s Degrees in Comparative Law, Criminal Law, and Legal Sociol-ogy, from the Samford University (USA), the University of São Paulo – USP (Brazil), and from the International Institute for the Sociology of Law (Spain), respectively.

Isabella Micali Drossos is a Brazilian and French Lawyer. She joined the Bank in 1999 and has worked as an operational lawyer since then for the Africa, Latin America and Pacific Regions. Before joining the Bank, she has been a lecturer in law at the University of Paris and a lawyer in several law firms in Paris and Sao Paulo. She has also done some consultan-cies for the IMF and the OECD. She holds two degrees in law and in economics, two master degrees in law and a Ph.D. from the University of Pantheon-Sorbonne (France). She also holds an LL.M. from the London School of Economics (UK). She has published many articles on the legal aspects of regional integration, international debt crisis, transnational invest-ment and more recently on gender-based violence.

Armando Sergio Prado de Toledo is a Justice of the São Paulo State Court of Justice (SPSCJ), Private Law Section. He has been the Institutional Relations Coordinator of the Presidency of the SPSCJ from 2008 to 2012. He has also served as Interim Vice-President of SPSCJ from January to March 2011 and Advisor to the Presidency from 1985 until 1994. He is the elected Director of the São Paulo School of Judges. He holds a Doctor’s Degree in Criminal Sciences from the University of Lisbon and a Doctor Honoris Causa from Universi-tatea de Vest “Vasile Goldis” din Arad, Romania (2012).


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The Law, Justice and Development Week 2013 would like to thank

Partners

German Development Cooperation

Partners of the Global Forum on Law, Justice and Development (GFLJD)

Sponsors

African Development Bank (AfDB)

American Bar Association (ABA)

American Bar Association Section of International Law

George Washington University Law School

Leuven Centre for Global Governance Studies, University of Leuven

OPEC Fund for International Development (OFID)

World Bank Africa Region Vice Presidency

World Bank Institute

World Bank Nordic Trust Fund


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Venue

World Bank Group Headquarters, Main Complex 1818 H Street, NW Washington, DC 20433, USA Preston Auditorium Main Complex Conference Rooms

The George Washington University Sponsored Reception will take place at the Michael K. Young Faculty Conference Center, George Washington University Law School, 2000 H Street, NW, Washington DC 20052.

Registration and distribution of building/event passes will take place in the Main Complex North, 1818 H Street, NW. Participants are required to keep and bring their event pass and valid photo ID to access World Bank buildings during the five days of the Law, Justice and Development Week 2013.


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Notice

During the Law, Justice and Development Week 2013, please note that some sessions will be filmed by the World Bank’s Multi-Media Services. The names of all speakers, their affiliations, comments, presentations and photos will be made available to the general public at www.world-bank.org/ljdweek2013. Please contact us at [email protected] for any questions. Also, materials from development organizations will be available at information kiosks in the James D. Wolfensohn Atrium. The views expressed in these materials are those of the authors and do not necessarily reflect the positions or policies of the World Bank Group or any of its member states.

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