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National Conference
of State Legislatures

                                                                                                           

National Association
of Attorneys General


International Trade, Preemption and the States
A Policy and Legal Primer for State Legislative and Legal Officials


In conjunction with the NCSL Spring Forum


Friday, April 15 - Saturday, April 16, 2005
Hyatt Regency on Capitol Hill
Washington, D.C.

SPECIAL SEMINAR AGENDA

(as of April 13, 2005)

Friday | Saturday 

Friday, April 15, 2005

3:00 pm - 3:15 pm
Yorktown, Ballroom Level

Welcome
Conveners for this special seminar will welcome participants, provide a brief history of the genesis of this joint NCSL/NAAG activity, overview the seminar’s structure, and open the seminar.

  • Representative Sheryl ALLEN, Utah and Chair, Committee on Economic Development, Trade & Cultural Affairs, NCSL
  • Elliot BURG, Assistant Attorney-General, Public Protection Division, Vermont

3:15 pm - 4:00 pm 
Yorktown, Ballroom Level

Why Should States Care about International Trade?
There are a variety of reasons that states should care about international trade and the agreements that govern that commerce:  export promotion, state purchasing power, economic development, population migration, state-regulated monopoly service providers, etc. This presentation and discussion will outline some of these important reasons, which will set the stage for the balance of the seminar.

Presiding

  • Representative Sheryl ALLEN, Utah and Chair, Committee on Economic Development, Trade & Cultural Affairs, NCSL
Speakers
  • Representative Phillip FRYE, Co-Chair, House Committee on Federal Relations & Trade, North Carolina
  • John PASTOR, International Trade Director, Economic Development Office, Delaware

4:00 pm - 6:00 pm 
Yorktown, Ballroom Level

The Alphabet Soup of the World Trading System: An Overview of the Status Quo (CLE)
GATT, WTO, GATS, NAFTA, CAFTA … what does this alphabet soup mean? What is the current law of the land regarding trade agreements? What agreements are already in place and what has been the states’ experience so far? NAFTA Chapter 11 claims like Metalclad (challenging local land use and environmental safety standards), Methanex (challenging state environmental law), and Loewen (challenging state court authority), among others, will serve as case studies. In addition to answering some of these important questions, this session will also explain many of the key provisions and terms – such as ‘least burdensome,’ ‘no greater rights,’ and ‘investor-state dispute resolution’ – in trade agreements and what states need to know about them.

Presiding

  • Elliot BURG, Assistant Attorney-General, Public Protection Division, Vermont
Speakers
  • Peter RIGGS, Director, Forum on Democracy & Trade, New York
  • Robert STUMBERG, Professor, Georgetown University Law Center, District of Columbia
  • Richard FRANK, Chief Deputy Attorney General for Legal Affairs, Department of Justice, California
  • Andrea MENAKER, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State, District of Columbia
  • Senate Finance Committee Staff (Invited)

6:30 pm - 8:00 pm 

Reception in the Pavilion of the Ronald Reagan Building
The reception will be held at the Ronald Reagan Building, 1300 Pennsylvania Avenue, N.W. Transportation to and from the reception will be available from the hotel main entrance. Badges must be worn to the reception.

Saturday, April 16, 2005

7:30 am 
Capitol B, Lobby Level

Breakfast
A continental breakfast will be available outside the meeting room beginning at 7:30 am and throughout the morning’s first session.

8:00 am - 10:00 am 
Capitol B, Lobby Level

On and Beyond the Horizon: Current Issues and New Negotiations (CLE)
Empowered by the “fast track” of the Trade Promotion Authority, USTR has been busily negotiating new bilateral, regional, and multilateral agreements. At the same time, the United States has faced challenges that may affect both what sectors are negotiated and how agreements are negotiated in the future. During this session, panelists will survey what is in the pipeline and where states may have concerns. The Antigua Internet gambling case challenging state law, inclusion of state purchasing in procurement chapters, electricity or water under the GATS, and pharmaceuticals under the Australia FTA will serve as case studies.

Presiding

  • Representative Sheryl ALLEN, Utah and Chair, Committee on Economic Development, Trade & Cultural Affairs, NCSL
Speakers
  • Representative George ESKRIDGE, Idaho and Chair, State & Local Working Group on Energy & Trade Policy
  • Matthew PORTERFIELD, Professor, Georgetown University Law Center, District of Columbia
  • Hannah SHOSTACK, Principal Research Analyst, Office of Legislative Services, New Jersey
  • Richard VANDUIZEND, National Center for State Courts, Virginia
  • Liz WYMAN, Office of the Attorney General, Maine and Member, Maine Citizen Commission on International Trade
  • Christina SEVILLA, Director for Intergovernmental Affairs, U.S. Trade Representative (invited)

10:00 am - 11:00 am 
Capitol B, Lobby Level

“Bottom-Up” Oversight and State Engagement
What are states doing on international trade issues? How are states currently engaged with the Administration or the Congress regarding trade? This session will examine the national formal – the Intergovernmental Policy Advisory Committee (IGPAC) – and informal – State & Local Working Group on Energy & Trade Policy – ways in which states are working with the U.S. Trade Representative as well as some more local reactions.

Presiding

  • Elliot BURG, Assistant Attorney-General, Public Protection Division, Vermont
Speakers
  • Representative Phillip FRYE, Co-Chair, House Committee on Federal Relations & Trade, North Carolina
  • Véronique PLUVIOSE-FENTON, Principal Legislative Counsel, Policy and Federal Relations, National League of Cities, District of Columbia
  • Kay WILKIE, International Policy Analyst, Empire State Development, New York and Chair, Intergovernmental Policy Advisory Committee
  • Liz WYMAN, Office of the Attorney General, Maine and Member, Maine Citizen Commission on International Trade

11:00 am - 11:45 am 
Capitol A, Lobby Level

LEGISLATORS

NCSL Policy Forum and Business Meeting
During this plenary meeting, Forum delegates will debate and vote on NCSL Policy Statements and Resolutions passed out of Committee this Spring Forum. Legislators are encouraged to attend.

Presiding

  • Representative Joe HACKNEY, North Carolina and Chair, Standing Committees’ Steering Committee, NCSL

11:00 am - 11:45 am 
Capitol B, Lobby Level

ATTORNEYS-
GENERAL and
LEGISLATIVE
STAFF ATTORNEYS

The Legalese of Trade Agreements (CLE)
During this professional development session, state legal officials will review a few useful skills for parsing the legal language of international trade agreements. Suggestions for how state legal experts can quickly and effectively analyze trade agreements will be discussed. Participants will also survey the resources – Internet and otherwise – available to help state legal officials find and understand agreement materials.

Presiding

  • Elliot BURG, Assistant Attorney-General, Public Protection Division, Vermont
Speakers
  • Robert STUMBERG, Professor, Georgetown University Law Center, District of Columbia
  • Karen R. CORDRY, Bankruptcy Counsel, National Association of Attorneys General, District of Columbia

12:00 pm - 1:30 pm 
Yorktown / Valley Forge /
Ticonderoga, Ballroom
Level

Closing Plenary Lunch

Presiding

  • Representative Peter LEWISS, Rhode Island and Vice Chair, Standing Committees’ Steering Committee, NCSL

International Trade and the States (CLE) 

International trade issues are of increasing importance to state policymakers for both economic development reasons and concerns about state sovereignty. During this plenary session, Acting U.S. Trade Representative Peter Allgeier will discuss the Bush Administration’s trade agenda and implications for the states. Vermont Attorney General Bill Sorrell will provide a state perspective on trade agreements and how they affect state authority.

Speaker

  • Ambassador Peter ALLGEIER, Acting U.S. Trade Representative, District of Columbia

State Perspective on Trade Agreements

Vermont Attorney General Bill Sorrell will provide a state perspective on trade agreements and how they affect state authority.

Speaker

  • The Honorable William SORRELL, Attorney-General, Vermont

1:30 pm - 3:00 pm 
Capitol B, Lobby Level

What Next for States and Trade?
States are increasingly concerned about various facets of international trade agreements. Seminars on the issues are building awareness among state policymakers and officials around the country. But what can they do with this newfound information? Work with USTR to build an understanding of state interests and/or to change the rules? Mount congressional lobbying efforts? Pass state legislation on the matter? Consider legal challenges? During this final session, NCSL and NAAG members will discuss individual and collaborative options.

Facilitators

  • Jeremy D. MEADOWS, Committee Director, Committee on Economic Development, Trade & Cultural Affairs, NCSL
  • Karen R. CORDRY, Bankruptcy Counsel, National Association of Attorneys General, Washington, D.C.

NCSL Staff Contact - Jeremy Meadows - Washington, DC - (202) 624-8664

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