SWIICL Newsletter

At 14:46 on 11th March 2011, I felt a small vibration at my office in Tokyo. After the vibration, the entire office shook like a wave. All books in the shelf fell out, and the water in my cup flooded over my desk. It lasted 20-30 seconds and returned twice with the same intensity within the hour. On television, we saw the tsunami chasing cars that were fleeing from the shore, and they were caught by black waves that uprooted every part of daily life.

Hours later, the situation turned much worse. One of the nuclear power plants in Fukushima prefecture lost its capability to cool down the atomic reactor and the nuclear fuel. Faced with the tragedy of the tsunami and the accident in Fukushima, we had no words for what happened, and nobody would be able to tell what would happen next.

At 15:36 on 12th March, we witnessed the explosion of the nuclear power plant on live TV. With this explosion and the stability of the nuclear plants hanging in a tentative balance, we lived with bated breath for long days while we could do nothing but pray for the victims of the tsunami and the workers at Fukushima.

In the most dire and painful situation that Japan has experienced since World War II, all of your countries aided us, and you even praised our attitude in this disaster. This was evident especially when the U.S. launched "Operation: Tomodachi (friend)" and showed us the meaning of the English phrase "A friend in need is a friend indeed." You cannot imagine how your warmth encouraged us during this catastrophe.

With all of your help, our country is getting better, and we will find a way to give back to your countries. Yes, our economy is shrinking and it will be difficult to bounce back completely, but Japan will recover just as we have with every other disaster that has come our way. We know that we are situated in one of the most geographically dangerous places in the world, and this fact has shaped our philosophies, such as the Samurai spirit and a culture that encourages helping one another.

Japan is currently pursuing new, longer lasting energy along with existing power industries using Japanese

technology. We will bring the totally new concept into use for the environment, for we must encounter the next severe catastrophe in the near future. And we are sure that we will overcome them just as our ancestors did.

The main and inevitable issue facing the reconstruction of our economy is the amount of compensation that the electric companies will owe. The Act for the Compensation of Nuclear Accident says the company will receive immunity if the accident is caused by an "extraordinary enormous cataclysm." In this case, the refugees and anti-nuclear organizations will insist that the accident was caused by human error (and even the government is on their side).

However supporters will attempt to apply this Act. Without a doubt, there will be many lawsuits ahead for Japan.

Academy faculty member honored

On June 18th, the Japanese government announced that Mr. Charles B. Doleac, President of the Japan-America Society of New Hampshire, has been awarded the Order of the Rising Sun, Gold Rays with Rosette, in recognition of his significant contributions to promoting friendly relations between Japan and the United States of America. Mr. Doleac teaches at the Academy of American and International Law.

In 1988 Mr. Doleac established the Japan-America Society of New Hampshire to promote mutual understanding between Japan and the U.S. and to strengthen the nations' friendly relations. He has worked tirelessly since then as President of the society to achieve these ends.

Portsmouth, where the Japan-America Society of New Hampshire is based, was the stage for the peace conference that ended the Japan-Russo war in the early 20th century. Here, the Treaty of Portsmouth was signed and the war brought to a close. Theodore Roosevelt successfully orchestrated this peace conference, and later received the Nobel Peace Prize.

Under Mr. Doleac's leadership, the Japan Society of New Hampshire organized the Portsmouth Peace Treaty Forum, which examines such topics as the significance of citizen diplomacy in the conflict-resolution process, the historical background of the Treaty of Portsmouth, the Japan-Russo war, and current Japan-Russo relations. Through conducting such activities, Mr. Doleac has made efforts to encourage mutual understanding and friendship between Japan and the United States.

When plans were announced to demolish the hotel where the delegates from both Japan and Russia stayed during the peace negotiations (Wentworth By the Sea), Mr. Doleac made great efforts to preserve this historic building. He insisted that the hotel is historically valuable and that passing it down to future generations would further strengthen the Japan-U.S. friendship.

As part of the 100th anniversary of the Portsmouth Peace Treaty in 2005, Mr. Doleac organized a community committee that produced a series of significant events which encouraged the deeper understanding of the Japan-US alliance among US citizens, and which bolstered the trilateral ties between Japan, US, and Russia through the Treaty of Portsmouth.

In light of these contributions, the government of Japan acknowledges Mr. Doleac as

an appropriate person to receive the Order of the Rising Sun, Gold Rays with Rosette, and is delighted to announce the decoration.

The Order of the Rising Sun was created in 1875 by Emperor Meiji of Japan to recognize individuals who had rendered distinguished service to the nation and people of Japan. The actual award is an enameled medallion: "a radiant sun suspended from a paulownia leaf and blossom" (the ceremonial symbol of the Japanese Government) with a gold rosette. The levels of the award are distinguished by the number of flower petals on the blossom. The award is formally presented in a black laquered box.

The Academy experience: rich, dynamic, and unforgettable!

by Raquel Delgado (2011, Brazil)

Since I heard about the Academy of American and International Law two years ago, I often asked my boss to send me to take part. And finally, in the beginning of this year, he told me that Vallourec, the company I work for, together with Mr. Richard Levin from the Akin Gump Law Office, were going to sponsor me.

I couldn't wait to finally experience what everybody told me was so amazing! And it really was! Now that I've experienced the Academy's six-week program, I can confirm that it's an experience no one would ever forget.

When I first arrived at the Academy building I already knew it was going to be something completely different from all professional and academic experiences I had ever had. The lecturers, the professors coming from the best United States best universities, the international workshops, such as Compliance, Global Market, Transnational

Arbitration, the written material, everything was perfectly chosen to provide us a broader and richer idea not only of the American and international legal system, but also of the legal professionals day by day activities. We had the chance to visit SMU, the federal court, and some great law offices; take part in a mock trial; and participate in negotiation classes.

All of that made the Academy program a very dynamic and interesting one, because we had the theory classes that were very profitable but also the chance to experience a variety of activities. I can say that I've learned a lot and that it would definitely contribute a lot to my legal career. And I had a wonderful time, surrounded by colleagues from 26 countries all over the world that in the end became great friends.

I will never forget the Academy experience and all the wonderful people that made it become even more special.

Farewell to SWIICL Staff Assistant Sandra Ritzmann

Sandra Ritzmann, who for 10 years served as staff assistant for the [now Southwestern] Institute for International and Comparative Law, retired and the close of the 2010 calendar year. Her retirement left a huge gap in the work of the Institute,

as well as a huge hole in hearts of her hundreds of SWIICL and Academy friends.

Known and greatly appreciated for her extraordinary organizational skills, Sandra spent the final days before Christmas 2010 training her successor Steve Singleton. She backed up her on-the-job training with a four-inch-thick looseleaf notebook that explains in detail her many duties. In the months following her retirement, and particularly the weeks leading up to the 2011 Academy, Sandra made herself available for consultation despite her busy travel schedule. Sandra even agreed to serve as the tour guide, along with her daughter, for the Academy's Dallas bus tour, a significant event during the first week of the 2011 Academy.

"I don't know how I could have survived without her training, The Notebook, and her willingness to answer questions later on," Steve said. "She ensured that we had a smoother transition than would have been possible otherwise."

During her last week, Sandra sent the following message to all of the Academy alumni.

To my beautiful Academy Friends,

It has been a wonderful eleven years working with the Academy. The best part of my job has been the pleasure of meeting, greeting and caring for my "Academy children" (Classes 2001 through 2010).

For all of you who were the "Academy children" of our beloved Ina, you know you had, and still have, her love, hugs and best wishes even though she is no longer with us. I am pleased to have met and gotten to know so many of you even though you preceded my tenure with the Academy.

For all of you, I will always treasure the time we spent together. My hopes for you are:

Keep the Rule of Law in your thoughts;

Keep the Academy experience and friendships in your heart;

Keep your feet firmly planted on the ground; and

Keep your eyes on the stars! ---- Your future shines bright!

Hugs and holiday wishes from Texas !!!!

Sandra Ritzmann

The Flame Inside Us

by Alex Maculus (2011, Argentina)

The very first day of the program we were told that the best thing about the Academy was us. To be honest, at that time I thought it was a set phrase, but as days passed I realized that it was absolutely true.

And this is a lot to say because the rest of the things which made the Academy were outstanding. The courses were great, professors were of the highest quality, the hotel in which we all lived was excellent, the people from Dallas were very nice and friendly; even the Mavericks gave us a warm welcome, winning their first NBA Championship in history while we were there.

But once again, in spite of all these amazing things, the best thing about the Academy was its participants. It is unbelievable how much we learned about each other, how many good things we shared in six weeks, how much fun we had, and how many true friends we made.

Having the chance to spend six weeks studying and living with people from all over the planet is an experience which definitely changes your life. It gives you a different perspective about the world and helps you to understand humanity in a better way.

Saying goodbye was for sure the worst part of the Academy. It is very hard to spend so much time together, build together unforgettable memories and then suddenly having to go back home far away from each other. Luckily, today, technology helps us to keep in touch. However, the challenge for us is to be able to get together physically again as many times as possible during the following years. It is not easy, but we know we can make it happen. There is a flame burning inside us now; we cannot let it die.

Now I want to give back

by Alonso Villaran (2001, Peru)

A lot of positive things have happened since 2001, when I had the luck to attend the Academy. In 2002 I defended my law dissertation at Universidad de Lima, obtaining the highest distinction: summa cum laude. My investigation on bioethics and genetic law was later published both in Perú and Brazil. This was possible in great measure due to the extra effort that I made during my trip to Dallas, mainly by working every Sunday in the library at SMU, getting the best and newest bibliography on the topic.

From 2003 to 2005, while working as a lawyer at Barrios & Fuentes lawfirm (the same that made possible my trip to Dallas), I studied philosophy at Universidad Ruiz de Montoya, together with continuing my volunteering initiatives in Lima, Perú (mainly through www.voluntades.org). That experience convinced me to pursue a PhD in philosophy, which I wanted to do in the U.S.

In 2006 I had the honor and responsibility of being granted a Fulbright scholarship, the most prestigious interchange program in the world. That allowed me to come to Loyola University Chicago for my doctoral studies. After four years of intense work, on May 2010 I graduated as a doctor in philosophy.

Since January 2010, I have been both working as a professor in philosophy and Latin American studies at Loyola University - Chicago and Chicago State University. Together with that, I am working as Academic Program Coordinator for the School of Education at Loyola University - Chicago. This year I had the extraordinary honor of being invited to be part of the board of the Chicago Fulbright Chapter, a position from which I expect to give back so many positive things I have received during these years, since my Academy experience.

First Lady of Texas visits Amsterdam

On Wednesday, 6 April, Anita Perry, the First Lady of Texas, met Henk ten Voorde in Amsterdam (see picture). Henk attended the Academy in 1997 and is a partner of Lustrous Law. Ms. Perry headed a delegation from the State of Texas visiting Spain and Netherlands on a mission to attract business to Texas. Among the delegates were representatives from the cities of Frisco and McKinney.

Lustrous Law has one important client in Frisco, Texas (close to Plano) that uses the Dutch participation exemption, the extensive network of double taxation treaties and other tax benefits of the Netherlands to avoid paying too much in taxes on the company's cross-border activities.

Between 16 and 18 June, the Dutch Minister of Finance visited Texas – inter alia – to promote these tax benefits to American companies.

Peruvian SWIICL supporter honored

Berninzon, Benavides, Vargas & Fernández, Abogados of Lima, Peru, and sponsor of several participants in the Academy of American and International Law, announced recently that its partner, Eduardo Benavides, was named as one of the leading practitioners of Peru in corporate law by several of the most prestigious local and international rankings and publications.

Chambers and Partners, a well-known publication in the legal world that provides annual rankings of lawyers based on interviews with international investors. The 2011 edition of Chambers named Eduardo Benavides as a Regional Leading Expert in Corporate Law and M&As, one of the Best Peruvian Lawyers in Corporate Law and M&As; and one of the Top Lawyers in Latin America as Counsel to European Clients.

The international publications Latin Lawyer 250 and Which Lawyer? have also ranked the firm's partners as one of the top Peruvian experts in Corporate Law and M&As during year 2010.

In addition, in April 2010, Gestión, an top Peruvian business newspaper,ranked Eduardo Benavides among the best positioned lawyers in the marketplace.

This Issue's Articles

The Path to Recovery

by Ray Uchino (2011, Japan)