REGIONAL COURTS IN REGIONAL INTEGRATION ORGANISATIONS

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ACADEMY OF GLOBAL GOVERNANCE EXECUTIVE TRAINING SEMINAR SERIES GLOBAL GOVERNANCE PROGRAMME REGIONAL COURTS IN REGIONAL INTEGRATION ORGANISATIONS Scientific Coordinator: Carlos Juan Closa Montero

GLOBAL GOVERNANCE? The Academy of Global Governance (AGG) is a unique executive training programme, where theory and real world experience meet.

1 ACADEMY OF GLOBAL GOVERNANCE EXECUTIVE TRAINING SEMINAR SERIES GLOBAL GOVERNANCE PROGRAMME REGIONAL COURTS IN REGIONAL INTEGRATION ORGANISATIONS Scientific Coordinator: Carlos Juan Closa Montero European University Institute and Institute for Public Goods and Policies Venue: Villa La Fonte Via delle Fontanelle, 10 I San Domenico di Fiesole NOVEMBER 2015 WHAT IS THE ACADEMY OF GLOBAL GOVERNANCE? The Academy of Global Governance (AGG) is a unique executive training programme, where theory and real world experience meet. Trainers at the AGG are leading academics, former ministers, heads of international organizations and top executives. AGG trainees young executives, policy makers, diplomats, international organisations and public sector officials, private sector professionals, and junior academics - have diverse backgrounds, operate in a wide range of contexts, and come from the different corners of the world, to share views and debate in the vibrant academic environment of the European University Institute. The AGG s trainees benefit from a network of academics and international top-level officials, and from an extremely stimulating discussion on topical issues relating to governance. INTRODUCTION Courts have become a recurrent feature in several regional integration organizations as mechanisms to adjudicate on the interpretation of the treaty and/or as a mechanism for dispute settlement among the parties. Whilst some commonalities can be observed, their design, internal functioning and procedures may vary widely. The actors within these institutions; i.e. judges, magistrates, justices from four different courts (the Permanent Revision Tribunal of the MERCOSUR; the Court of the Andean Community; the Southern African Development Community Tribunal and the Court of Justice of the Economic Community of West African States) will analyze and discuss these different aspects. Additionally, the seminar will offer several training exercises bringing insights on the working of the Courts.

2 Academic Programme WEDNESDAY 18 November Opening Remarks J.H.H. Weiler President of the European University Institute Coffee break Keynote Speech Karen Alter Northwestern University, United States Lunch break MERCOSUR Input Session Coffee break MERCOSUR Training Session Social Dinner THURSDAY 19 November Court of Justice of the Andean Community Input Session Coffee break Court of Justice of the Andean Community Training Session Lunch break Court of Economic Community of West African States Input Session Judge Benfeito Mosso Ramos Court of Economic Community of West African States Coffee break Court of Economic Community of West African States Training Session FRIDAY 20 November Tribunal of the Southern African Development Community Input Session Justice Charles Mkandawire Representative of Malawi to the International Commission of Jurists

3 Chief Justice Ariranga Pillay Rapporteur and member of the UN Committee on Economic, Social and Cultural Rights, legal consultant, former President and member of the SADC Tribunal and former Chief Justice of Mauritius Coffee break Tribunal of the Southern African Development Community Training Session Lunch break Roundtable Karen Alter Northwestern University, United States Miguel Poiares Maduro European University Institute, Italy Justice Charles Mkandawire Representative of Malawi to the International Commission of Jurists Judge Benfeito Mosso Ramos Court of Economic Community of West African States Chief Justice Ariranga Pillay Rapporteur and member of the UN Committee on Economic, Social and Cultural Rights, legal consultant, former President and member of the SADC Tribunal and former Chief Justice of Mauritius Diploma Distribution and Farewell Cocktail Speakers Karen Alter Northwestern University, United States Miguel Poiares Maduro European University Institute, Italy Justice Charles Mkandawire Representative of Malawi to the International Commission of Jurists Judge Benfeito Mosso Ramos Court of Economic Community of West African States Chief Justice Ariranga Pillay Rapporteur and member of the UN Committee on Economic, Social and Cultural Rights, legal consultant, former President and member of the SADC Tribunal and former Chief Justice of Mauritius J.H.H. Weiler President of the European University Institute Karen J. Alter is Professor of Political Science and Law at Northwestern University, and a permanent visiting professor at the icourts Center for Excellence, University of Copenhagen Faculty of Law. Alter is author of the award-winning book The New Terrain of International Law: Courts, Politics, Rights (Princeton University Press, 2014), The European Court s Political Power (Oxford University Press, 2009) and Establishing the Supremacy of European Law (Oxford University press, 2001) and more than forty articles and book chapters on the politics of international law, comparative international courts, and international regime complexity. Alter is member of the New York Council on Foreign Relations, serves on the editorial boards of International Organization, the American Journal of International Law, International Studies Review, and Law and Social Inquiry, and is head of the Scientific Advisory Committee of Pluricourts.

4 Welber Barral is a senior partner at Barral M Jorge, a Brazilian consulting firm focused on international trade and investment. A former federal attorney, Dr. Barral was the Brazilian Secretary of Foreign Trade during President Lula's Administration ( ). He is an experienced consultant for governments and private companies, besides sitting as a judge at the Mercosur Court and a panelist at the WTO. He is also a professor of International Trade Law at UFSC and at the Brazilian Diplomatic Academy. A bachelor in Law, Dr. Barral also holds an M.A. degree in Economic Analysis, and a PhD in International Law (USP). Solomon T. Ebobrah is a Professor of Law at the Niger Delta University, Wilberforce Island in Nigeria and currently a Research Fellow at the Jur Centre of Excellence for International Courts (icourts) at the Faculty of Law, University of Copenhagen. He is also an Extra-Ordinary Lecturer with the Centre for Human Rights, University of Pretoria from where he graduated with the LLD in International Human Rights Law in His doctoral thesis was on the budding human rights regimes in regional economic communities in Africa. Solomon has written articles and conference papers as well as trainings on sub-regional courts and human rights in Africa. Miguel Poiares Maduro is a Professor of Law at the European University Institute. From April 2013 to October 2015 he was Portugal s Minister for State and Regional Development and Minister Adjunct to the Prime Minister. Until April 2013 he was the director of the EUI`s Global Governance Programme. From 2003 to 2009 Maduro was advocate general at the European Court of Justice. In academia he has worked as a professor at the New University of Lisbon s Faculty of Law and at the Autonomous University of Lisbon, where he was director of the European Studies Centre and the master in European law. He is also a EUI alumnus. Benfeito Mosso Ramos is a Capeverdean judge, graduated from Lisbon University in 1985, with long and relevant experience both in domestic and international Justice. From 2001 to 2003 he served as international Judge of the Special Panels for Serious Crimes in East Timor under UN Transitional Administration. From 2003 to 2009 he was the President of the Supreme Court of his own country, Cape Verde. From 2009 to 2014 he served as the Vice President of the ECOWAS Court of Justice. Currently he is Judge of the Supreme Court of Cape Verde. Justice Charles Mkandawire is a Judge of the High Court of Malawi. He completed his University studies at the University of Malawi Chancellor College in Zomba where he obtained an LLB Hons Degree in He holds several post graduate certificates in International Law, Human Rights, Labour and Employment Law, Alternative Dispute Resolution (ADR), Judicial Education and Judicial Administration. He joined the Malawi Judiciary as Resident Magistrate in He rose through the ranks of Senior, Principal and Chief Resident Magistrate ( ) before he was appointed as Senior Deputy Registrar of the High Court and Supreme Court of Appeal a position he held up to He was later appointed as Chairman of the Industrial Relations Court of Malawi ( ) and in 2004, was appointed as Judge of the High Court of Malawi. In 2006, he was also appointed Chairman of the National Compensation Tribunal. In 2006, He was appointed by SADC as Registrar to establish the SADC Tribunal in Namibia a position he held until August He is a Council Member of the Commonwealth Magistrates and Judges Association (CMJA) and is currently its Regional Vice President for the East, Central and Southern Africa Region until 2015.He is also a Commissioner for the International Commission for Jurists (ICJ)

5 Ariranga Govindasamy Pillay was the Chief Justice of Mauritius from 1996 until He studied Economics and Political Science at the London School of Economics and Political Science from 1966 to 1969, gaining a B.Sc (Econ) degree, after which he studied law at Merton College, Oxford, graduating in 1971 with a B.A in Jurisprudence. He was called to the bar at Lincoln s Inn, London in On his return to Mauritius he practised law and worked as a legal adviser to the Attorney General s Office and Ministry of Justice in Mauritius until He held numerous appointments, among others Principal Crown Counsel, Assistant Solicitor General and Parliamentary Counsel at the Attorney General's office and Ministry of Justice. He was appointed Puisne Judge and later, Acting Senior Puisne Judge of the Supreme Court of Mauritius from 1987 to On 1 May 1996 he was appointed the Chief Justice of Mauritius, retiring on 13 June In November 2001, he was elected as an Honorary Bencher of Lincoln's Inn. He is the Chairman of the Judicial and Legal Service Commission of Mauritius. He is also a member of the United Nations Committee on Economic, Social and Cultural Rights as well as the appointed Adviser to the Governing Council of the African Centre for Democracy and Human Rights Studies. Scientific Coordinator Carlos Juan Closa Montero is Professor at the Institute for Public Goods and Policies - CSIC - and Senior Fellow at the Global Governance Programme. Between 2004 and 2008, he was Deputy Director of the Centro de Estudios Políticos y Constitucionales (Ministry of the President of the Spanish Government). Between 2005 and 2009, he was member of the Venice Commission for Democracy through Law (Council of Europe) representing Spain. He has been formerly Professor at the University of Zaragoza, Complutense (Madrid) and Visiting Professor at the College of Europe. He teaches at the Instituto Universitario Ortega y Gasset, in Madrid since He was also Visiting Fellow at the Minda de Gunzburg Centre of Harvard University (2002); Jean Monnet Fellow ( ) and Salvador de Madariaga Fellow (2004) at the EUI and Senior Emile Noel Fellow at the Jean Monnet Center, NYU. He has published a large number of articles in peer review journals, in English, Spanish, French and Italian, on EU citizenship, the EU Constitutional structure, Europeanization and the EU relation with the member states. He is currently involved in a project coordinated by Joseph H.H. Weiler on Comparative Regional Integration. Register on the Academy webpage: The Global Governance Programme (GGP) of the European University Institute (EUI) does not charge a participation fee for this Academy of Global Governance Executive Training Seminar. Accommodation and travel costs, to and from Florence (Italy), and local transportation within Florence are at the expense of the participant or his/her institution. The GGP will provide transport information and directions to reach the European University Institute. A welcome dinner and the lunches included in the programme of the Executive Training Seminar will be organized and offered by the GGP. The Academy offers a limited number of merit-based partial scholarships (contribution to travel and accommodation costs of the applicant) for which only applicants from developing countries are eligible. If you wish to apply for a scholarship, please attach a brief letter of intent to the application form indicating both your reasons for the request of financial aid and your motivation and potential contribution to the Executive Training Seminar.

6 For more information: Matthias Kindel Academy of Global Governance Coordinator European University Institute Villa La Fonte Tel.:

REGIONAL COURTS IN REGIONAL INTEGRATION ORGANISATIONS

ACADEMY OF GLOBAL GOVERNANCE EXECUTIVE TRAINING SEMINAR SERIES GLOBAL GOVERNANCE PROGRAMME REGIONAL COURTS IN REGIONAL INTEGRATION ORGANISATIONS Scientific Coordinator: Carlos Juan Closa Montero European