2018 Harvard International Journal Symposium: Frontiers in International Law

Speakers’ Profiles

Panel 1: Investor-State Dispute Settlement as a Norm Generating System

Prof. Ko-Yung Tung Professor Ko-Yung Tung is an eminent international lawyer with expertise Lecturer on Law, in international investment arbitration law. He is Lecturer-in-Law at Harvard Law School Harvard Law School and served as Secretary General of the International (Moderator) Centre for Settlement of Investment Disputes (ICSID), as well as the Vice President and General Counsel of the World Bank. As Secretary General of ICSID, he initiated the preliminary studies underlying the 2016 amendments to the ICSID Rules and oversaw the rapid increase in ICSID activity with the Argentina cases. Since his retirement from a private law firm, he is focused on serving as an arbitrator in investor-state arbitrations.

In private law practice, he was Senior Counsellor at Morrison & Foerster until his retirement as of June 30, 2017, and, before ICSID and the World Bank, a senior partner of O’Melveny & Myers and head of its Global Practice Group. He counseled both host states and foreign investors in connection with foreign investment law and dispute resolution.

He has held a number of high-level appointments, including as a member of the U.S. Presidential Commission on Pacific Trade and Investment Policy, Chairman of the Board of Governors of the East-West Center, and The Trilateral Commission. He was educated at Phillips Academy, Harvard College, Harvard Law School, and University of Tokyo.

Mr. David Attanasio Mr. David L. Attanasio focuses his practice on international arbitration and Associate, international litigation matters. He has experience under the ICSID, Dechert UNCITRAL, ICDR, and SCC rules and in the energy, oil and gas, mining, and construction sectors. He has also acted as secretary for arbitral tribunals in arbitrations conducted under the EDF arbitration rules.

Mr. Attanasio currently serves as the Chair of the ILA American Branch Investment Law Committee and is also a member of the Planning Committee for the ILA American Branch’s annual International Law Weekend conference.

Prior to joining Dechert, Mr. Attanasio received a Fulbright Fellowship to conduct research in Bogotá, Colombia on remedies for human rights violations, research that was carried out while also holding a visiting professorship at the Universidad de los Andes. Mr. Attanasio also taught law at the Universidad Jorge Tadeo Lozano and worked as an intern with the Comisión Colombiana de Juristas and Dejusticia in Bogotá, Colombia.

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Ms. Berglind Ms. Berglind Halldorsdottir Birkland is a member of the International Birkland Dispute Resolution Group and is based in New York. Ms. Birkland’s recent Associate, representations include investor-state arbitrations and international Debevoise & Plimpton commercial disputes before both the International Centre for Settlement of Investment Disputes (ICSID) and the ICC International Court of Arbitration.

Ms. Birkland is also actively involved in the firm’s pro bono practice, particularly in the area of immigrant rights. In recognition for this work, she was awarded the Legal Aid Society’s Pro Bono Publico Award for outstanding pro bono service in 2010 and 2011.

Ms. Birkland joined the firm in 2009. She received a J.D. from New York University School of Law in 2009 where she was a Notes Editor of the New York University Law Review. Ms. Birkland is the author of “Reining in Non- state Actors: State Responsibility and Attribution in Cases of ,” 84 N.Y.U. L. Rev. 1623 (2009). She received a B.A. in Anthropology, summa cum laude, from the University of Minnesota in 2006. Ms. Birkland is a member of the Bar of New York. She is fluent in Icelandic.

Mr. Jonathan Mr. Jonathan I. Blackman’s practice focuses on litigation, including Blackman international litigation and arbitration, securities law, banking and Partner, insurance law. Cleary Gottlieb Steen & Hamilton He has participated in numerous international arbitrations involving both public international law and complex commercial disputes, litigation involving the immunity of foreign states and their agencies under the U.S. Foreign Sovereign Immunities Act, and securities and commercial litigation in a variety of U.S. federal and state courts. Mr. Blackman is heavily involved in representing a number of sovereigns in litigation in the United States and elsewhere, as well as representing corporate and other clients in actions in U.S. courts.

Mr. Blackman joined the firm in 1977 and became a partner in 1985. From 1977 to 2009, he was resident in the New York office. Since then he has been resident in New York and London.

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Mr. Andrew Mr. Andrew B. Loewenstein is a partner with the firm’s International Loewenstein Litigation and Arbitration Department, where he focuses on public Partner, international law as well as investor-state and international commercial Foley Hoag disputes. He has particular expertise advising governments, corporations, and non-governmental organizations regarding international legal matters, including with respect to international boundary disputes, the U.N. Convention on the Law of the Sea, investor-state disputes, international environmental law, and international human rights and humanitarian law. Andrew frequently represents governments in cases before the International Court of Justice (the “World Court”) in The Hague, the World Bank’s International Centre for Settlement of Investment Disputes (ICSID), the Permanent Court of Arbitration (PCA), and in U.S. court litigation under the Foreign Sovereign Immunities Act (FSIA).

Mr. Joseph Neuhaus Mr. Joseph Neuhaus joined Sullivan & Cromwell LLP in 1987 and became a Partner, partner in 1992. His practice is focused on international commercial Sullivan & Cromwell litigation in both arbitral and court settings, with particular emphasis on Latin American matters. He is coordinator of Sullivan & Cromwell LLP’s arbitration practice and has served as counsel and arbitrator in numerous arbitral proceedings, including ad hoc proceedings, arbitrations administered by the International Chamber of Commerce and the American Arbitration Association and arbitrations involving sovereign entities. He also has served as counsel in a variety of arbitration-related disputes in court, as well as other commercial litigation and regulatory investigations.

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Panel 2: Regulating War in Space: Applicability of International Humanitarian Law in Outer Space

Mr. Dustin Lewis Mr. Dustin A. Lewis is a Senior Researcher at the Harvard Law School Senior Researcher, Program on International Law and Armed Conflict (HLS PILAC). With a Harvard Law School focus on public international law sources and methodologies, Mr. Lewis Program on leads the Program’s research projects exploring theoretical underpinnings International Law and and application of rules and norms related to contemporary challenges Armed Conflict concerning armed conflict. He examines such topics as algorithmic (Moderator) “decision-making” in relation to war; impartial medical care and medical ethics; extraterritorial use of lethal force; legal end-points of armed conflict; and tensions at the intersection of counterterrorism frameworks and principled humanitarian action.

Mr. Lewis oversees HLS PILAC publications, research assistants, and online platforms. Before helping found HLS PILAC in 2014, Mr. Lewis was a Senior Researcher at the HLS–Brookings Project on Law and Security, a Project Manager and Technical Lead at the Berkman Klein Center for Internet & Society and the HLS Library, and a Visiting Professional in Chambers at the International Criminal Court. He is an honors graduate of Harvard College (A.B.) and Utrecht University School of Law (LL.M.).

Dr. Laura Grego Dr. Laura Grego, a senior scientist in the Global Security Program, focuses Senior Scientist, her analysis and advocacy on the technology and security implications of Union of Concerned ballistic missile defense and of outer space security. She has authored or co- Scientists authored numerous papers on a range of topics, including cosmology, space security, and missile defense, and leads the technical group for the Manual on International Law Applicable to Military Uses of Outer Space (MILAMOS.) Since joining UCS in September 2002, she has testified before Congress and addressed the United Nations General Assembly and the United Nations Conference on Disarmament on space security issues. She also serves as an expert for print, radio, and television news.

Before UCS, Grego was a postdoctoral researcher at the Harvard- Smithsonian Center for Astrophysics. She earned a doctorate degree in experimental physics at the Institute of Technology and a bachelor of science degree at the University of Michigan.

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Prof. David Koplow Professor David A. Koplow has been a professor of law at Professor, the Georgetown University Law Center in Washington, D.C. since 1981. His Georgetown primary fields for teaching and scholarship involve public international law University and national security law, with a particular emphasis upon arms control, Law Center non-proliferation, outer space, and counter-terrorism. He has served in government as Attorney-Advisor, and as Special Assistant to the Director, at the U.S. Arms Control and Disarmament Agency from 1978 to 1981; as Deputy General Counsel for International Affairs at the U.S. Department of Defense from 1997 to 1999; and as Special Counsel for Arms Control to the General Counsel of the Department of Defense from 2009 to 2011.

Dr. Cassandra Steer Dr. Cassandra Steer is Acting Executive Director at the Center for Ethics and Acting Executive the Rule of Law at University of Pennsylvania Law School. She is the former Director, Executive Director of Women in International Security (WIIS) Canada, and Center for Ethics and former Executive Director of the McGill Institute of Air and Space Law. She the Rule of Law at has written the book Translating Guilt: Identifying Leadership Liability for Mass University of Atrocity Crimes (Springer 2017) and several articles on international criminal Pennsylvania Law law, international humanitarian law, and space law. She has consulted for School the Canadian JAG Office and the U.S. Department of Defense on international law applicable to military activities in space. Dr. Steer’s legal education includes Australia, the Netherlands (where she also taught criminal law and international criminal law for 8 years), Canada, the U.S., Argentina, and Germany.

Currently, Dr. Steer is the member for Canada on the International Law Association Space Law Committee, an Associate Expert contributing to the Woomera Manual on International Law Applicable to Military Activities in Outer Space (MILAMOS), and a member of the International Institute of Space Law, Women in Aerospace, the Centre for International Peace and Security Studies, and the NATO Association of Canada.

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Keynote Speaker

Judge Judge Sang-Hyun Song has vast practical and academic experience in the Sang-Hyun Song field of justice as a Judge, Prosecutor, Attorney and Law Professor. His legal Former President, career started as a military judge for criminal cases in the Korean Army. International Criminal After that, he became an attorney for New York and Korean law firms. Court Serving for over twenty years as a member of the Advisory Committee to the Korean Supreme Court and the Ministry of Justice, Judge Song contributed to the reform of the national litigation system, in particular in relation to criminal procedures, criminal investigations, prison reform, human rights protection, and the fight against corruption.

In 2003, Judge Song became one of the first judges of the International Criminal Court (ICC), and in 2009 he was elected President of the Court. During his six-year strategic leadership of the ICC, Judge Song was a strong voice for the rights of victims of war crimes and their role in transitional justice. He advocated for victims’ participation in the proceedings before the ICC, arguing that victims of war crimes should be actively involved in proceedings against war criminals and that the ICC has the responsibility to offer these victims some form of redress. Judge Song’s leadership at the International Criminal Court was not limited to legal practice and academic debate, as he visited over 60 countries to promote accountability for international and war crimes. During these visits, he urged states to become a member of the ICC in order to build international peace and justice. After twelve years of service Judge Song retired from the ICC in March 2015.

Born in South Korea, Judge Song experienced the Japanese occupation, the Second World War, and the and witnessed the atrocities of war at first hand. His grandfather was a leading figure in the “independence movement” during the Japanese occupation of Korea and was assassinated because of his political convictions. These harsh experiences drive Judge Song in his dedication to human rights and his ambition to alleviate suffering.

Besides being an accomplished Lawyer, Professor, and Justice Leader at the highest international level, Judge Song is dedicated to protecting children and women. He is currently holding office as the president of UNICEF/Korea and spends considerable time leading various charitable NGOs, notably as co-founder of the Legal Aid Centre for Women and Childhood Leukemia Foundation in Seoul. Judge Song has been awarded for his contribution to international humanitarian law and human rights law, both in Korea and abroad. He is recipient of the highest decoration of the Korean Government (Mungunghwa), the ABA Rule of Law Award, Cornell University’s Distinguished Alumni Medal, and the Korean Federal Bar Association’s Legal Culture Award.

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Panel 3: The Role of International Law for Nuclear North Korea

Prof. Michael Schmitt Professor Michael Schmitt is the Charles H. Stockton Professor of the Professor, Stockton Center for the Study of International Law at the United States Naval War College Naval War College in Newport, Rhode Island. He is also Professor of Public (Moderator) International Law at Exeter University in the United Kingdom, Senior Fellow at the NATO Cyber Defense Centre of Excellence, Editor-in-Chief of International Law Studies, and the Francis Lieber Distinguished Scholar at the U.S. Military Academy at West Point. Professor Schmitt was previously Dean of the George C. Marshall European Center for Security Studies in Germany and General Editor of the Yearbook of International Humanitarian Law. Before joining the Marshall Center, Professor Schmitt served 20 years in the United States Air Force as a judge advocate specializing in operational and international law.

The President of Estonia recently recognized Professor Schmitt for his contributions to international cyber security by awarding him the Order of the Cross of Terra Marianna.

Prof. Ashley Deeks Professor Ashley Deeks joined University of Virginia School of Law in 2012 Professor, as an associate professor of law after two years as an academic fellow at University of Virginia Columbia Law School. Her primary research and teaching interests are in School of Law the areas of international law, national security, intelligence, and the laws of war. She has written a number of articles on the use of force, the intersection of national security and international law, and the laws of war. She is a member of the State Department's Advisory Committee on International Law and serves as a senior contributor to the Lawfare blog. She also serves on the editorial board for the Journal of National Security Law and Policy, and is a senior fellow at the Lieber Institute for Law and Land Warfare.

She also served as the assistant legal adviser for political-military affairs in the State Department’s Office of the Legal Adviser, where she worked on issues related to the law of armed conflict, the use of force, conventional weapons, and the legal framework for the conflict with al-Qaida.

Prof. Deeks received her J.D. with honors from the University of Chicago Law School, where she was elected to the Order of the Coif and served as comment editor on the Law Review. After graduation, she clerked for Judge Edward R. Becker of the U.S. Court of Appeals for the Third Circuit.

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Amb. Mark Lippert Ambassador Mark W. Lippert is currently Vice President of Boeing Former U.S. International, based in Washington, D.C. An Asia expert with long Ambassador to the experience at senior positions in the United States Government, Mr. Lippert Republic of Korea served as the United States Ambassador to the Republic of Korea, chief of staff to the Secretary of Defense, , assistant secretary of Defense for Asian and Pacific Security Affairs, and chief of staff and deputy assistant to the President at the National Security Council. Prior to serving in the Executive Branch, Mr. Lippert worked in the for 10 years including serving as then-Senator Obama’s representative to the Foreign Relations Committee, a professional staff member on the Senate Appropriations Committee working for Senator Patrick J. Leahy on the State-Foreign Operations Subcommittee, and as a foreign and defense policy advisor to Senator . Mr. Lippert also served as an intelligence officer in the , with deployments to , Afghanistan, and other overseas locations supporting Naval Special Warfare (SEAL Teams).

Mr. Lippert graduated Phi Beta Kappa from with a bachelor’s degree in Political Science and holds a master’s degree in International Policy Studies from the same institution.

Dr. John Park Dr. John Park is Director of the Korea Working Group and an Adjunct Adjunct Lecturer, Lecturer at the Harvard Kennedy School. He is also a Faculty Affiliate with Harvard Kennedy the Project on Managing the Atom at the Harvard Kennedy School’s Belfer School Center for Science and International Affairs. He was the 2012-13 Stanton Nuclear Security Junior Faculty Fellow at MIT’s Security Studies Program. He previously directed Northeast Asia Track 1.5 projects at the U.S. Institute of Peace in Washington, D.C. These initiatives include the U.S.-China Project on Crisis Avoidance & Cooperation, the U.S.-ROK-Japan Trilateral Dialogue in Northeast Asia, and the U.S.-China-Japan Dialogue on Risk Reduction & Crisis Prevention. He advises Northeast Asia policy-focused officials in the U.S. government. He was also the project leader of the North Korea Analysis Group at the Belfer Center.

His current research focuses on the North Korean regime’s accumulated learning in evading targeted sanctions. Dr. Park received his M.Phil. and Ph.D. from Cambridge University and completed his pre-doctoral and post- doctoral training at the Belfer Center.

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Panel 4: The Syrian Refugee Crisis: Searching for a Comprehensive International Legal Response

Ms. Anna Crowe Ms. Anna Crowe is a Lecturer on Law and Clinical Instructor at the Lecturer, International Human Rights Clinic (IHRC) at Harvard Law School. Her Harvard Law School work focuses on the right to privacy and the right to a legal identity. She (Moderator) also has expertise in humanitarian disarmament and transitional justice. Prior to joining the IHRC, Anna was a Legal Officer at Privacy International, a leading human rights organization that campaigns against unlawful communications surveillance across the globe. Anna previously worked as a constitutional lawyer for the New Zealand government and served at the New Zealand Supreme Court as a clerk to the Chief Justice. She also spent a year in Colombia working with the International Crisis Group as a Henigson Human Rights Fellow. In addition to an LL.M. from Harvard Law School, she holds conjoint law and arts degrees from the University of Auckland.

Prof. Sabrineh Professor Sabrineh Ardalan is assistant director at the Harvard Immigration Ardalan and Refugee Clinical Program. At the clinic, Prof. Ardalan supervises and Assistant Clinical trains law students working on applications for asylum and other Professor of Law, humanitarian protections, as well as appellate litigation and policy Harvard Law School advocacy. She has authored amicus curiae briefs submitted to the Board of Immigration Appeals, as well as to the federal district courts and circuit courts of appeal on cutting edge issues in U.S. asylum law. She also oversees and collaborates closely with the clinic’s social work staff. She teaches courses on immigration and refugee law and advocacy and on trauma, refugees, and the law.

Prior to her work with the clinic, Prof. Ardalan clerked for Hon. Michael A. Chagares of the Third Circuit Court of Appeals and Hon. Raymond J. Dearie, district judge for the Eastern District of New York. She previously served as the Equal Justice America fellow at The Opportunity Agenda, where she worked on advocacy around a right to health care under U.S. and international law and as a litigation associate at Dewey Ballantine LLP. She holds a J.D. from Harvard Law School and a B.A. in history and international studies from Yale College.

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Prof. Deborah Anker Professor Deborah Anker is Clinical Professor of Law and Founder and Professor, Director of the Harvard Immigration and Refugee Clinical Program (HIRC). Harvard Law School She has taught law students at Harvard for over 30 years. Author of a leading treatise, Law of Asylum in the United States, Prof. Anker has co- drafted ground-breaking gender asylum guidelines and amicus curiae briefs. Prof. Anker is one of the most widely known asylum scholars and practitioners in the United States; she is cited frequently by international and domestic courts and tribunals, including the United States Supreme Court.

Prof. Anker is a pioneer in the development of clinical legal education in the immigration field, training students in direct representation of refugees and creating a foundation for clinics at law schools around the country.

Ms. Alice Farmer Ms. Alice Farmer is the protection officer with UNHCR’s United States Protection Officer, Protection Unit, where she leads litigation and strategic advocacy United Nations interventions on behalf of asylum seekers, refugees, and stateless persons in High Commissioner the U.S. Ms. Farmer oversees the U.S. Protection Unit’s work on matters that for Refugees affect children, including family detention, unaccompanied and separated children, and representation for children in asylum proceedings.

Prior to joining the U.S. Protection Unit, Ms. Farmer worked on refugee and human rights issues in various capacities for Human Rights Watch, the American Civil Liberties Union, and the Norwegian Refugee Council, as well as in other offices of UNHCR. Ms. Farmer has researched and written on the human rights of children in displacement in more than twelve countries, with particular focus on Europe’s borders. Ms. Farmer, in her capacity at Human Rights Watch, led the organization’s global campaign on immigration detention of children, and was a founding member of the Interagency Working Group to End Immigration Detention of Children.

Ms. Farmer started her legal career with the U.S. Department of Justice Honors Program, in the Executive Office for Immigration Review. Ms. Farmer has published widely on refugee issues, including with Oxford’s Forced Migration Review, the Georgetown Immigration Law Journal, the Yale Human Rights and Development Law Journal, and numerous op-ed pages of major global newspapers.

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