[Gnso-igo-ingo-crp] - Legal Expert - Edward Swaine

[Steve Chan]

Dear WG Members,

Below, please see a response from Edward Swaine in regards to a request made
to him to provide any additional information that shows his experience in
dealing with sovereign immunity generally and as it pertains to IGOs in
particular.

Best,
Steve




Dear Steve,

Thanks for the inquiry.  To answer briefly, I had pretty extensive
experience dealing with immunity matters while in government practice,
beginning with a role while at the Justice Department in drafting the United
States briefs in Saudi Arabia v. Nelson in 1992 and running through my
period as the Counselor at the State Department, during which a number of
sovereign and official immunity cases arose -- but as I recall, only a
couple of IOIA (IO immunity) cases.  Subsequently I was on an amicus brief
in the Samantar case, which concerned the division between official and
sovereign immunity.

In terms of scholarly writing, I haven't written any articles focused on
that topic.  I did have the lead pen on the judiciary and justiciability
chapter of my co-authored foreign relations casebook, where it is addressed,
and I will have the same on the relevant chapter of the co-authored treatise
that will be forthcoming in the next year of two.  I have made a number of
presentations on the range of immunities issues, including to judges and to
the State Department, but to the best of my recollection none were solely
about IO immunities -- they tended to get talked about in comparison to the
sovereign immunity scheme.

I hope that helps at least a little, and that it's okay to respond
informally -- feel free to forward to the others concerned, and let me know
if you need additional information.

Best regards,
Ed 

Edward Swaine
Professor of Law
George Washington University Law School
2000 H Street NW, Washington, DC 22052
202-994-0608 (tel.)
SSRN / West


From:  Steve Chan <steve.chan at icann.org>
Date:  Thursday, October 1, 2015 at 4:09 PM
To:  "gnso-igo-ingo-crp at icann.org" <gnso-igo-ingo-crp at icann.org>
Subject:  [Gnso-igo-ingo-crp] - Legal Expert - Edward Swaine

Dear WG Members,

Per the email sent to the WG on 23 September 2015, staff has been in contact
with Edward Swaine as a possible candidate to provide expertise to this WG¹s
efforts. Mr. Swaine has expressed interest in assisting the WG, is able to
perform the work in a reasonable timeframe, and provided a quote that falls
within budget. Please see the attached document which provides his response
in full, although his quoted amount has been redacted since we do not have
his express consent to share at this time. Staff and the co-chairs ask that
you all review his qualifications and provide your feedback by CoB on 5
October 2015, in regards to whether staff should proceed with the
contracting process. Here is a link to his George Washington University
faculty page, which includes his CV and other materials for review:
http://www.law.gwu.edu/Faculty/profile.aspx?id=10968

Best,
Steve




Steven Chan
Sr. Policy Manager

ICANN
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steve.chan at icann.org
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