Standing Committee on
Environmental Law
Free Trade and the Environment:
Doing Business in the Americas After the
U.S. - Chile Free Trade Agreement
Santiago, Chile
Standing Committee on Environmental Law
Section of Administrative Law & Regulatory Practice
Section of Business Law
Section of Environment, Energy, and Resources
Section of International Law and Practice
with assistance from the following organizations
Chilean-American Chamber of Commerce - U.S.
Chilean American Chamber of Commerce - Chile
Environmental Law Institute
Inter-American Bar Association
United Nations Economic Commission for Latin America
U.S. Foreign Commercial Service – Santiago
CONFERENCE SUPPORTERS
American University/Washington College of Law
Arnold & Porter
Beveridge & Diamond, PC
Blank Rome LLP
Larrain y Asociados Abogados
Morrison & Foerster LLP
KENDALL- JACKSON
Free Trade and the Environment:
WHO SHOULD ATTEND
►Multinational business executives, consultants, and corporate counsel
►Attorneys practicing in the fields of business, trade, and/or environmental law
►Environmental, trade, and business advocates
►Scholars with interests in trade and the environment in the Americas
TRAVEL INFORMATION
FLIGHTS – Several airlines offer flights to Santiago, Chile. Check with your preferred carrier for available fares and schedules. The ABA has an arrangement with Travel Professionals, who may offer special airfares to Santiago. Call Jean Zodo at 312/681-2500, extension 24 (in Chicago, IL, USA).
HOTEL – Our conference site is the Sheraton Santiago Hotel and Convention Center. Located in the heart of an exclusive residential area five minutes from the Providencia business and financial district and 25 km from Comodoro Arturo Merino Benitez International Airport, the hotel offers a business center, excellent accommodations, and several restaurants, along with many amenities including swimming pools, tennis courts, sauna and jogging paths, medical services, a travel agency, child care and currency exchange. Our conference room rate is $100 S/D + tax per day and includes buffet breakfast in the hotel’s restaurants. To make your reservation, contact Pablo Polizzi, Group Coordinator, by December 28 at tel. 56-2-717-0143 (or Pablo.Polizzi@Sheraton.com). Please refer to the ABA Standing Committee on Environmental Law International Conference.”
CLE CREDIT – U.S. attorneys admitted to the Bar of states with mandatory Continuing Legal Education (CLE) should indicate this on the Registration Form so that we can file this program for accreditation in appropriate jurisdictions.
Monday, January 19, 2004
| 2:00 - 3:00 p.m. | Conference Registration |
| 3:30 p.m. | Welcome and Opening Remarks |
| Robert Falk, Chair, American Bar Association Standing Committee on Environmental Law; |
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| 3:45 p.m. | Keynote Address: Edda Rossi, Directorate of International Economic Affairs, |
| 4:15 - 5:30 p.m. | Overview of the U.S. - Chile Free Trade Agreement |
| This session will focus on the historical context, the political significance, and the economic impact of the first free trade agreement between the United States and a South American country. From both a diplomatic and a business perspective, panelists will address how this landmark agreement is expected to influence the course of free trade, including environmental issues in current and future trade negotiations, and the outlook for doing business in the Americas. |
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| Moderator: Ambassador John O’Leary, President, Chilean-American Chamber of Commerce – U.S. Washington, DC, USA |
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| · Susan P. Cronin, Director for Brazil and the Southern Cone, Assistant U.S. Trade Representative for the Americas, Washington, DC, USA | |
· Ambassador Osvaldo Rosales, Ministry of Foreign Affairs, Directorate of International Economic Affairs (DIRECON), Government of Chile,Santiago, Chil |
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| · Senator Alejandro Foxley, Chilean Legislature, Santiago, Chile |
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| · Richard Diego, President, AmCham-Chile, Santiago, Chile | |
| 5:30 - 6:00 p.m. | Featured Lecture: Tools for Assessing Countries’ Environmental Performance |
| · Professor Daniel C. Esty, Yale University, New Haven, Connecticut, USA | |
| 7:30 p.m. | Reception at the Residence of the U.S. Deputy Chief of Mission to Chile |
| Reception Wines Generously Contributed by KENDALL-JACKSON | |
Tuesday, January 19, 2004 |
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| 8:00 a.m. | Registration Continues |
| 8:30 - 9:45 a.m. | Environmental Aspects of the U.S. - Chile Free Trade and Environmental Cooperation Agreements |
| Both the U.S. - Chile FTA and the Environmental Cooperation Agreement establish a framework for enhanced cooperation and capacity-building in the areas of environmental protection and natural resources management. This panel will discuss the new framework for environmental cooperation and the near-term environmental projects, policies, and priorities for the two governments. |
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| Moderator: Paul E. Hagen, Beveridge & Diamond, P.C., Washington, DC, USA | |
| · Luke A. Ney, Foreign Affairs Officer-Trade and Environment, OES/ENV, U.S. Department of State, Washington, DC, USA | |
| · Alvaro Sapag, General Counsel, CONAMA, Santiago, Chile | |
| · Professor Patricio Leyton Florez, Professor, University of Chile Law School, and Urrutia y Cia., Santiago, Chile | |
| · Marianne Schaper, U.S. Economic Commission for Latin America and the Caribbean, Santiago, Chile | |
| 9:45 - 10:00 a.m. | Coffee Break |
| 10:15 - 11:30 a.m. | Investor-State Dispute Mechanisms Under the |
| Legal and business experts will address the mechanisms available under the U.S. - Chile FTA for resolving disputes between sovereign and foreign investors. Discussion will likely include the standards of treatment to be afforded investors; relevant ICSID and UNCITRAL arbitration procedures; and lessons from analogous investor-state arbitrations under NAFTA and other bilateral investment treaties. | |
| Moderator: José Antonio Urrutia, Urrutia y Cia., Santiago, Chile | |
| · Jaime Irarrazabal, Philippi, Yrarrazaval, Pulido & Brunner, |
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| · Jean Kalicki, Special Counsel, Arnold & Porter, Washington, DC, USA |
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| · Andrés Culagovski, Director, International Affairs, Foreign Investment Committee, Santiago, Chile | |
| 11:30 a.m. -12:45 p.m. | Lessons Learned from NAFTA and the Canada - Chile |
| Panelists will draw upon experiences under NAFTA and the Canada-Chile FTA, covering a range of issues anticipated to play out through implementation of the U.S. - Chile FTA, particularly Article 19. Pertinent subjects include environmental cooperation (including Annex 19.3 and the U.S. - Chile ECA), environmental consultations, corporate stewardship, enforcement of national laws, and measures for public participation. | |
| Moderator: Blake A. Biles, Arnold & Porter, Washington, DC, USA | |
| · Richard D. Ballhorn, Director General, Department of Foreign Affairs and International |
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| · Pablo Ruiz-Tagle, Larrain y Asociados and University of Chile Law School, Santiago, Chile |
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| · Gustavo Alanis-Ortega, Mexican Center for Environmental Law, Mexico City, Mexico | |
| · Fernando Dougnac, President, Fiscalia del Medio Ambiente, Santiago, Chile | |
| 1:00 - 3:00 p.m. | Luncheon and Speaker |
| · Gianni Lopez, Executive Director, CONAMA, Santiago, Chile | |
| 3:15 - 5:15 p.m. | Beyond the U.S. - Chile Free Trade Agreement: CAFTA, Sub-Regional Agreements, and the Free Trade Area of the Americas |
| This session will look forward from the U.S. - Chile Free Trade Agreement to the potential development of a Central American Free Trade Agreement (CAFTA), other potential free trade agreements within and between Central and South American countries, and the prospects for a comprehensive Free Trade Agreement of the Americas (FTAA). Panelists will discuss the current prospects and timing for such agreements, the key economic and political conditions needed for agreements to progress, and the types of challenges presented, including the manner in which environmental issues will likely need to be accounted for and addressed. | |
| Moderator: Kathleen C. Barclay, Vice President, Association of American Chambers of Commerce of Latin America, Santiago, Chile |
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| · Judith Ayres, Assistant Administrator for International Affairs, U.S. EPA, |
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| · Leslie Carothers, President, Environmental Law Institute, Washington, DC | |
| · Claudio Grossman, Dean, American University - Washington College of Law, Washington, DC, USA | |
| 5: 30 - 6:00 p.m. | Observations and Closing Session |
| This session will draw upon the discussions throughout the conference and attempt to highlight the likely significance of the U.S. - Chile FTA in terms of promoting free trade and environmental protection, developing workable investor-state dispute settlement mechanisms, and establishing a framework for further trade liberalization throughout the Americas. | |
| Moderator: Jane F. Barrett, Blank Rome LLP, Washington, DC, USA |
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| · Reports/Summaries by the Session Moderators | |
| · Observations: Gonzalo Biggs, Figueroa y Valenzuela; IABA Committee XI, |
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| CONFERENCE ADJOURNS |
