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JESWALD W. SALACUSE Fletcher School of Law and Diplomacy Tufts University 160 Packard Avenue Medford, Massachusetts 02l55 Tel: 617-627-3633 Fax: 617-627-3712 Website: http://fletcher.tufts.edu/Fletcher_Directory/Directory/Faculty%20Profile?personkey=A4A09414- C9B2-46AC-A926-2FF762BA71CA EDUCATION J.D., Harvard University A.B., Hamilton College Diplome d'Etudes Francaises, University of Paris HONORS AND Tufts University Distinguished Professor (2016) Fulbright Distinguished Chair in Comparative Law in Italy (Spring 2000) MEMBERSHIPS Member, Council on Foreign Relations Member, American Law Institute Who's Who in America Who's Who in the East Who's Who in American Law Member, New York and Texas Bars Fellow, American Bar Foundation Fellow, Texas Bar Foundation PROFESSIONAL TUFTS UNIVERSITY DISTINGUISHED PROFESSOR AND HENRY J. BRAKER PROFESSOR OF LAW, EXPERIENCE THE FLETCHER SCHOOL OF LAW AND DIPLOMACY, TUFTS UNIVERSITY Medford, Massachusetts Teaching international negotiation, international investment law, leadership, comparative law, corporate governance, and law and development (since 1986); established with J. Z Rubin the Fletccher School Negotiation Program. VISITING PROFESSOR OF LAW, HARVARD LAW SCHOOL (Spring 2014) FULBRIGHT DISTINGUISHED CHAIR IN COMPARATIVE LAW, UNIVERSITY OF TRENTO, ITALY (Spring 2000)

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Page 1: JESWALD W. SALACUSE Fletcher School of Law and …fletcher.tufts.edu/~/media/Fletcher/Directory/CVs/cv_Salacuse... · JESWALD W. SALACUSE Fletcher School of Law and Diplomacy Tufts

JESWALD W. SALACUSE

Fletcher School of Law and Diplomacy Tufts University

160 Packard Avenue Medford, Massachusetts 02l55

Tel: 617-627-3633 Fax: 617-627-3712

Website: http://fletcher.tufts.edu/Fletcher_Directory/Directory/Faculty%20Profile?personkey=A4A09414-C9B2-46AC-A926-2FF762BA71CA

EDUCATION J.D., Harvard University

A.B., Hamilton College Diplome d'Etudes Francaises, University of Paris

HONORS AND Tufts University Distinguished Professor (2016) Fulbright Distinguished Chair in Comparative Law in Italy (Spring 2000) MEMBERSHIPS Member, Council on Foreign Relations

Member, American Law Institute Who's Who in America Who's Who in the East Who's Who in American Law Member, New York and Texas Bars Fellow, American Bar Foundation Fellow, Texas Bar Foundation

PROFESSIONAL TUFTS UNIVERSITY DISTINGUISHED PROFESSOR AND HENRY J. BRAKER PROFESSOR OF LAW, EXPERIENCE THE FLETCHER SCHOOL OF LAW AND DIPLOMACY,

TUFTS UNIVERSITY Medford, Massachusetts Teaching international negotiation, international investment law, leadership, comparative law, corporate governance, and law and development (since 1986); established with J. Z Rubin the Fletccher School Negotiation Program. VISITING PROFESSOR OF LAW, HARVARD LAW SCHOOL (Spring 2014) FULBRIGHT DISTINGUISHED CHAIR IN COMPARATIVE LAW, UNIVERSITY OF TRENTO, ITALY (Spring 2000)

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VISITING PROFESSOR, SCHOOL OF ORIENTAL AND AFRICAN STUDIES, UNIVERSITY OF LONDON (1995 -2003)

and DISTINGUISHED PROFESSORIAL FELLOW IN INTERNATIONAL DEVELOPMENT LAW, QUEEN MARY AND WESTFIELD COLLEGE, UNIVERSITY OF LONDON (1995-2003)

and FELLOW, INSTITUTE OF ADVANCED LEGAL STUDIES, UNIVERSITY OF LONDON (1995).

DEAN

THE FLETCHER SCHOOL OF LAW AND DIPLOMACY TUFTS UNIVERSITY Chief academic and administrative officer of the senior graduate professional school of international affairs in the United States; successfully renewed the faculty, reformed curriculum, and completed $21 million capital campaign (July l986-September 1994)

DEAN SCHOOL OF LAW SOUTHERN METHODIST UNIVERSITY Dallas, Texas Chief academic and administrative officer of a graduate professional school with a full-time faculty of 35, an administrative staff of 60, a student body of 825. (August 1980 to July 1986)

PROFESSOR OF LAW SOUTHERN METHODIST UNIVERSITY Taught Business Associations, International Business Transactions, International Economic Development Law, and Public International Law. (August 1978 to July 1986)

VISITING SCHOLAR HARVARD LAW SCHOOL CAMBRIDGE, MASSACHUSETTS Completed a Ford Foundation-sponsored study on mechanisms for channeling Arab petrodollars to the Third World. Also conducted a non-credit seminar on Islamic law for graduate students. (August 1977 to July 1978)

REPRESENTATIVE IN THE SUDAN REGIONAL SPECIALIST IN LAW AND DEVELOPMENT THE FORD FOUNDATION

and

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VISITING PROFESSOR OF LAW UNIVERSITY OF KHARTOUM KHARTOUM, SUDAN Established and supervised the Ford Foundation office in the Sudan; developed and managed its programs of assistance. Remained responsible for Foundation projects in law throughout the Middle East; taught constitutional and comparative law. (September 1974 to July 1977)

REGIONAL SPECIALIST IN LAW AND DEVELOPMENT THE FORD FOUNDATION BEIRUT, LEBANON Foundation advisor with responsibilities in Egypt, Lebanon, Saudi Arabia, Sudan, and Jordan; projects included an evaluation of land reform in Egypt, assistance in the preparation of Egypt's new investment law and the legal aspects of its "open-door" policy; a study of land tenure in the Sudan; research on municipality law in Lebanon, and a training program for government legal advisors in Saudi Arabia; was also Visiting Professor at the Lebanese University Faculty of Law. (February 1971 to September 1974)

DIRECTOR CENTER OF RESEARCH AND DOCUMENTATION

and PROFESSOR OF LAW ECOLE NATIONALE D'ADMINISTRATION KINSHASA, ZAIRE (Employed by the International Legal Center, New York) Established and directed research institute on law, public administration, economics, and finance. Also taught law in French at this degree-granting institution which trained judges and civil servants. (November 1968 to February 1971)

ASSOCIATE DIRECTOR AFRICAN LAW CENTER COLUMBIA UNIVERSITY NEW YORK, NEW YORK Responsible for the research, publications, and general operation of this research institute of Columbia Law School. (January 1967 to November 1968)

ASSOCIATE ATTORNEY CONBOY, HEWITT, O'BRIEN & BOARDMAN NEW YORK, NEW YORK

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Responsible for general corporate matters of client companies listed on the New York Stock Exchange. (August 1965 to January 1967)

LECTURER-IN-LAW

AHMADU BELLO UNIVERSITY ZARIA, NIGERIA Assisted in the development of a new law faculty; taught courses on family law and succession, evidence, and the Nigerian legal system; trained customary court judges for the Ministry of Justice and did extensive field research on Nigerian customary law. (September 1963 to July 1965).

INTERNATIONAL ARBITRATION AND DISPUTE SETTLEMENT EXPERIENCE

Member Panel of Conciliators, International Centre for Settlement of Investment Disputes (ICSID), appointed to a six-year term (2011-2017) by the President of the World Bank.

Tribunal President: Stadwerke München GmbH, RWE Innogy GmbH, and Other v. Kingdom of Spain, ICSID Case No. ARB/15/1, International Centre for Settlement of Investment Disputes, 2015 - Tribunal President: Suez, Sociedad General de Aguas de Barcelona S.A., and Vivendi Universal S.A. (Claimants) v. The Argentine Republic (Respondent), ICSID Case No. ARB/03/19, International Centre for Settlement of Investment Disputes, 2003 – 2015. Tribunal President: Suez, Sociedad General de Aguas de Barcelona S.A., and InterAguas Servicios Integrales del Agua S.A.(Claimants) v. The Argentina Republic (Respondent), ICSID Case No. ARB/03/17, International Centre for Settlement of Investment Disputes, 2003 – 2015. Tribunal President: AWG Group (Claimant) v. The Argentine Republic (Respondent), UNCITRAL Rules, administered by the International Centre for Settlement of Investment Disputes, July 2003 - 2015. Tribunal Member: Alasdair Ross Anderson et. al. (Claimants) v. Republic of Costa Rica (Respondent), ICSID Case no. ARB(AF)/07/3), , International Centre for Settlement of Investment Disputes, 2008 – 2010. Tribunal President: Aguas Cordobesas S.A., Sociedad General de Aguas de Barcelona S.A., Suez (Claimant) v. The Argentine Republic (Respondent), ICSID Case no. ARB/03/18, 2003-2007.

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PUBLICATIONS

Books and Monographs

REAL LEADERS NEGOTIATE! GAINING, USING AND HOLDING ON TO THE POWER TO LEAD THROUGH NEGOTIATION (forthcoming July 2017, Palgrave Macmillan). THE LAW OF INVESTMENT TREATIES (2ND Edition, Oxford University Press, 2015). NEGOTIATING LIFE – SECRETS FOR EVERYDAY DIPLOMACY AND DEAL MAKING (Palgrave Macmillan 2013 ). THE THREE LAWS OF INTERNATIONAL INVESTMENT: NATIONAL, CONTRACTUAL, AND INTERNATIONAL FRAMEWORKS FOR FOREIGN CAPITAL (Oxford University Press 2013).

THE LAW OF INVESTMENT TREATIES (Oxford University Press, 2010).

(Review article in 106 American Journal of International Law 686-694 (2012); cited by both the majority and dissenting opinion of the United States Supreme Court in BG Group plc. v. The Republic of Argentina 134 S. Ct. 1198; 188 L. Ed. 2d 220 (2014)) SEVEN SECRETS FOR NEGOTIATING FOR NEGOTIATING WITH GOVERNMENT (Amacom Books 2008).

LEADING LEADERS: HOW TO MANAGE SMART, TALENTED, RICH AND POWERFUL PEOPLE (Amacom Books 2006). (Selected by the Toronto Globe and Mail as one of the top five business books of 2006).

THE GLOBAL NEGOTIATOR: MAKING, MANAGING, AND MENDING DEALS AROUND THE WORLD IN THE TWENTY-FIRST CENTURY (Palgrave/St. Martin’s Press 2003). (Selected as one of the best business books of 2003 by Library Journal. Also selected by Time Magazine, April 23, 2015, as one of the best negotiation books for 2015.) THE WISE ADVISOR - WHAT EVERY PROFESSIONAL SHOULD KNOW ABOUT CONSULTING AND COUNSELING (Praeger 2000).

THE ART OF ADVICE - HOW TO GIVE IT AND HOW TO TAKE IT, Times Books, Random House, New York (1994). French edition: L’Art du Conseil, (Paris: Editions du Seuil, 1996). MAKING GLOBAL DEALS - NEGOTIATING IN THE INTERNATIONAL MARKETPLACE, Houghton Mifflin Company, New York (1991). United Kingdom and

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world-wide edition published in 1992 by Random Century, London; paperback edition published in 1992 by Times Books, a division of Random House. Eight foreign language editions. Reprinted by the Program on Negotiation at Harvard Law School, 2002.

INTERNATIONAL BUSINESS PLANNING: LAW AND TAXATION (with W.P. Streng), Matthew Bender & Co., New York, (l982-86) six-volume treatise, updated semi-annually.

SOCIAL LEGISLATION IN THE CONTEMPORARY MIDDLE EAST (co-editor with L. Michalak), Institute of International Studies, University of California at Berkeley (1986).

AN INTRODUCTION TO LAW IN FRENCH-SPEAKING AFRICA, Charlottesville, Virginia: Michie Company and University of Virginia.

Volume I: AFRICA SOUTH OF THE SAHARA (1969) 616 pages. An examination of the legal systems of the 18 French- speaking African states south of

the Sahara.

Volume II: NORTH AFRICA (l975) 542 pages. An examination of the legal systems of Algeria, Morocco, and Tunisia.

NIGERIAN FAMILY LAW (with A.B. Kasunmu), London: Butterworths (l966), 303 pages. Basic text on the subject.

A SELECTIVE SURVEY OF NIGERIAN FAMILY LAW (Zaria: Institute of Administration/United States AID, l965) ll3 pages. An examination of the customary law of six Nigerian tribes.

Selected Articles

“The Hidden Persuader: The Role of the Advisor in Negotiations and Group Decision Making –Perspectives from the European Union” 25 Group Decision and Negotiation 459-480 (2016). “The Effect of Advice on Negotiations: How Advisors Influence What Negotiators Do” 32 Negotiation Journal 103-125 (2016). “Negotiation Lessons from the Under Secretary for Thugs” 30 Negotiation Journal 329-337 (2014). “Making Transnational Law Work Through Regime Building: The Case of International Investment Law” in Bekker et al. (eds), Making Transnational Law Work in the Global

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Economy – Essays in Honour of Detlev Vagts 406-430 (Cambridge University Press, 2010). “Investment Treaties Through a Different Lens: A New Global Regime?” in Karl P. Sauvant, ed,. Yearbook on International Investment Law & Policy 2009-2010 575-594 (Oxford University Press 2010). “The Emerging Global Regime for Investment” 51 Harvard International Law Journal 427-473 (2010).

“Teaching International Business Negotiation: Reflections on Three Decades of Experience,” 15 International Negotiation 187-228 (2010). “Negotiating With Foreign Governments” (Chapter 16) in J.R. Sikenat et al. eds. The ABA Guide to International Business Negotiations 273-296 (3rd ed. 2009).

“Explanations for the Increased Recourse to Treaty-Based Investment Dispute Settlement: Resolving the Struggle of Life against Form?” in Sauvant (ed.), Appeals Mechanism in International Investment Disputes 105-125 (Oxford University Press 2008).

“Is There a Better Way? Alternative Methods of Treaty-Based, Investor-State Dispute Resolution,” 31 Fordham International Law Journal 138-185 (2007). “The Treatification of International Investment Law,” 13 Law and Business Review of the Americas 155-166 (2007).

“The Cultural Roots of Corporate Governance,” in Norton and Rickford eds., Corporate Goverance Post-Enron: Comparative and International Perspectives 433-66 (British Institute of International and Comparative Law, 2006). “The Treatification of International Investment Law: A Victory of Form Over Life? A Crossroads Crossed?,” 3 Transnational Dispute Management, issue no. 3, (June 2006).

“Leading Leaders: How to Manage the Top Talent in Your Organization,” Ivey Business Journal 1-5 (May/June 2006). (with Nicholas P. Sullivan) “Do BITS Really Work? An Evaluation of Bilateral Investment Treaties and Their Grand Bargain,” 46 Harvard International Law Journal 67-130 (2005). “Toward a Global Treaty on Foreign Investment: The Search for a Grand Bargain,” in N. Horn, ed., Arbitrating Foreign Investment Disputes (2004).

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“The Top Ten Ways That Culture Can Affect Your Negotiation,” Ivey Business Journal 1-6 (September/October 2004). “Corporate Governance in the New Century,” 25 The Company Lawyer 69-83 (March 2004).

“Corporate Governance, Culture, and Convergence: Corporations American Style or with a European Touch?” 9 Law and Business Review of the Americas 33-62 (2003); also published in 14 European Business Law Review 471 (2003). “Renegotiating Existing Agreements: How to Deal with ‘Life Struggling Against Form,’ 17 Negotiation Journal 311-331 (2001). “Renegotiating International Project Agreements,” 24 Fordham International Law Journal 1319-1370 (2001). “Direct Foreign Investment and the Law in Developing Countries,” 15 ICSID Review – Foreign Investment Law Journal 382- 400 (Fall 2000), reprinted in Liber Amicorum Ibrahim I. F. Shihata 659 (2001). “From Developing Countries to Emerging Markets: The Legal Challenges of Economic Change,” 2 International and Comparative Corporate Law Journal 277-295 (2000).

“Direct Negotiation and Mediation in International Financial and Business Conflicts,” in Horn & Norton (eds.) Non-Judicial Dispute Settlement in International Financial Transactions 53-72 (2000). “Lessons for Practitioners,” in Zartman & Rubin (eds) Power and Negotiation (2000). “The Legal Architecture of Emerging Markets,” in R. Lastra (ed.), The Reform of the International Financial Architecture 49-66 (2000). “Intercultural Negotiation in International Business,” 8 Group Decision and Negotiation 237-249 (1999). “From Developing Countries To Emerging Markets: A Changing Role for Law in the Third World,” 33 The International Lawyer 875-890 (1999). “Intercultural Negotiation in International Business,” 8 Group Decision and Negotiation 217-236 (1999).

“How Should The Lamb Negotiate With The Lion: Power In International Negotiations,” in Kolb (ed) Negotiation Eclectics (PON 1999).

“Law and Power in Agency Relationships,” in Mnookin & Susskind (eds.) Negotiating on Behalf of Others (Sage 1999).

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"Ten Ways That Culture Affects Negotiating Style: Some Survey Results," 14 Negotiation Journal 221-240 (1998).

"So, What is the Deal Anyway? Contracts and Relationships as Negotiating Goals," 14 Negotiation Journal 5-12 (1998).

"After the Contract, What? Negotiating To Work Effectively with a Foreign Partner," 2 Canadian International Lawyer, 195-200 (1997).

“Making Deals in Asia”, 38 Private Investments Abroad 23-1-23-33 (1995).

“The Energy Charter Treaty and Bilateral Investment Treaty Regimes” in Waelde (ed.), The Energy Charter Treaty (1996).

“The Art of Advising Negotiators,” 11 Negotiation Journal 391-401 (1995).

"Implications For Practitioners," in Culture and Negotiation (Faure & Rubin, eds.) 199-208 (1993).

"The Emerging International Law of Direct Foreign Investment," 42 Meijo University Law Review 734-774 (1992).

"BIT by BIT: The Growth of Bilateral Investment Treaties and Their Impact on Foreign Investment in Developing Countries," 24 The International Lawyer 655-675 (1990).

"Trade and Investment in a New Era of Diplomacy" in Negotiating and Structuring International Commercial Transactions VI-XIII (American Bar Association, 1990).

"Host Country Regulation and Promotion of Joint Ventures and Foreign Investment" in International Joint Ventures 107-136 (American Bar Association 1990).

"A Mideast Peace Can Be Negotiated" (co-author) Newsday, p.159, December 14, 1990.

"The Problem of Power in International Negotiations" (with J. Rubin), International Affairs, No. 4, 24-34 (1990). (Also in Russian; publication of U.S.S.R. Ministry of Foreign Affairs).

"Your Place or Mine? Site Location and Negotiation" (with J. Rubin), 6 Negotiation Journal 5-10 (1990).

"Renegotiations in International Business," 4 Negotiation Journal 347-354 (1988).

"Making Deals in Strange Places: A Beginner's Guide to International Business Negotiations," 4 Negotiation Journal 5-13 (1988). Reprinted in Breslin and Rubin, eds.,

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Negotiation Theory and Practice, 251-259 (1991) and Lewicki, ed., Negotiation-Readings, Exercises and Cases (1993).

"Foreign Investment and Legislative Exemptions in Egypt: Needed Stimulus or New Capitulations?" in Social Legislation in the Contemporary Middle East 241-261 (Institute of International Studies, University of California, Berkeley, l986).

"Countertrade Powerful Business Force," Dallas, Inc., Dallas Times Herald, February l0-l6, l986.

"Host Country Regulation of Joint Ventures and Foreign Investment," in Joint Venturing Abroad: A Case Study l03-l30 (American Bar Association l985).

"Developments in Countertrade: Barter Isn't What It Used To Be," in World Trade and Trade Finance l2-1 - l2-56 (J. Norton, ed., l985). "Towards a New Treaty Framework for Direct Foreign Investment," 50 Journal of Air Law and Commerce, 969-l0l0 (l985), selected for republication in Modern Legal Systems Cyclopedia.

"Foreign Business Rarely is Usual," Dallas, Inc., Dallas Times Herald, June l0-l6, l985.

"Prior Agreement Aids Arbitration," Dallas, Inc., Dallas Times Herald, November 18-24, l985.

"Arab Capital and Trilateral Ventures in the Middle East: Is Three a Crowd?" in Rich and Poor States in the Middle East (Kerr and Yassine, eds.) l29-l63 (l982).

"Arab Investments and Trilateral Ventures in the Third World," 6 The International Essays for Business Decision Makers 265-273 (l982).

"Arab Capital and Middle Eastern Development Finance: The Emerging Institutional Framework," l4 Journal of World Trade Law 283-309 (l980).

"The Little Prince and the Businessman: Conflicts and Tensions in Public International Air Law," 45 Journal of Air Law and Commerce 807-844 (l980).

"Back to Contract: Implications of Peace and Openness for Egypt's Legal System," 28 The American Journal of Comparative Law 3l5-333 (l980).

"Foreign Investment in Egypt: The Legal Problems and Legislative Adjustments of the First Three Years," (with T. Parnall), l2 The International Lawyer 759-777 (l978).

"The Arab Authority for Agricultural Investment and Development: A New Model for Capital Transfer in the Middle East," l2 Journal of World Trade Law 56-66 (l978).

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"The Emerging Legal Framework for Inter-Arab Investments and the Promotion of Trilateral Cooperation: A Means for the Minimization of Risk," 2 Trilateral Cooperation, Paris: OECD (l978).

"Egypt's New Law on Foreign Investment: The Framework for Economic Openness," 9 The International Lawyer 647-60 (Fall l975).

"Teaching Public Administration in Congo-Kinshasa," Education and Research in Public Administration in Africa (Adedeji and Baker, eds.) London: Hutchinson, l82-l94 (l974).

"Birth, Death, and the Marriage Act: Some Problems in Conflicts of Law," l Nigerian Law Journal (l964), reprinted in Integration of Customary and Modern Legal Systems in Africa 438-457 (l97l). "La Modernisation de Droit en Afrique Francophone: Fantaisie ou Revolution?" Revue Congolaise d'Administration No. 4. 13-20 (l969).

"Modernization of Law in French-Speaking Africa: Fantasy or Revolution?" African Law Studies 62-75 (l969).

"Discovering African Law," Africa Report 60-6l (May, l969).

"Background to Law in French-Speaking Africa," African Law Studies l-42 (l969).

"Developments in African Law," Africa Report 39-45 (March, l968), reprinted in Topic (l969).

Publications Edited

Special Editor for Francophone Africa, Constitutions of the Countries of the World (Blaustein & Flanz, eds.) Oceana (l97l-74).

Editor, African Law Digest, Volumes 2 (l967) and 3 (l968).

Selected Reports

Alternative Methods of Treaty-Based, Investor-State Dispute Resolution, study undertaken at the request of the United Nations Conference in Trade and Development and Asia Pacific Economic Cooperation and presented at an UNCTAD-APEC Regional Seminar, October 9-10, 2006.

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Corporate Governance in the UNECE Region, report to the United Nations Economic Commission for Europe, published as Chapter 4 in “Economic Survey of Europe 2003 no. 1” International Relations Education in South Africa, a report to the Ford Foundation, December 1993.

Legislative Review and Training Concerning Securities and Financial Markets in Sri Lanka (with Joel P. Trachtman), International Science and Technology Institute, December 1993.

Negotiating Bilateral Investment Treaties, a report to the United Nations Centre on Transnational Corporations, October 1990.

Reform of Indonesia's Commercial Laws (with R. Hornick), a report to the Harvard Institute of International Development, February 1990.

The National Land Law System of Zaire, a report to the University of Wisconsin Land Tenure Center and United States Agency For International Development/Kinshasa, May l985.

The Place of Legal Studies in the Aga Khan University, a report to the Harvard Institute of International Development, June l983 (with A.E. Mayer).

Arab Capital in the Development of Egypt and the Sudan: The Emerging Framework, a report to the Ford Foundation, June, l978.

Research on Law and Development in French-Speaking Africa, a report to the International Legal Center, l973.

VIDEO COURSES AND EXERCISES

Negotiating in Today’s World -- Successful Deal Making at Home and Abroad, a comprehensive, two-cassette course, Commonwealth Films, Boston, Massachusetts (1994). Hans Brandt (2003), distributed by the Program on Negotiation at Harvard Law School. Robyn & Luis (2004), distributed by the Program on Negotiation at Harvard Law School.

VISITING FACULTY APPOINTMENTS

MIB Program, Ecole Nationale des Ponts et Chaussées, Paris, France (1980 - 1996).

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Graduate School of International Business, University of Bristol, England (1995).

Instituto de Empresa, Madrid, Spain, (1995 - 1996).

School of Business, Universidad de Belgrano, Buenos Aires, Argentina (1996).

Academy of American and International Law, Dallas, Texas (since 1986). SELECTED PROFESSIONAL APPOINTMENTS AND CIVIC ACTIVITIES President Tufts University Faculty Senate (2016-17) Chairman: Council for International Exchange of Scholars (1987-1991). CIES

administers the Fulbright Scholars Program. Founding President: Association of Professional Schools of International Affairs (1988-89). Trustee: American University of Paris, Paris, France

(1994-1997). Trustee: Southwestern Legal Foundation, Dallas, Texas (1992-2004). Member: Steering Committee, Program on Negotiation, Harvard/M.I.T./Tufts,

Cambridge (since 1988). Director: World Affairs Council of Boston (1987 - 1994). President: International Third World Legal Studies Association (1986-1990). Chairman: Advisory Board, Institute for Transnational Arbitration (1992-1994)

(member since 1986). Director: Dispute Mediation Service of Dallas, Dallas, Texas (l983-l986). Member: Publication Advisory Board, International Law Institute, Washington, D.C.

(since 1985). Member: North Texas District Export Council (Appointed by U.S. Secretary of

Commerce, l985-l986). Trustee: Dallas Bar Foundation, Dallas, Texas (l983-l986). Board Member: Council for International Exchange of Scholars, Washington, D.C.,

(l982-l985).

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Chairperson: Middle East Area Committee, Council for International Exchange of

Scholars, Washington, D.C. (l982-l985). Director: Board of Directors, National Council of Christians and Jews, Dallas, Texas

(l982-85). Chairperson: Subcommittee on Law and Social Structure in the Near and Middle East,

Joint Committee of the Social Science Research Council and the American Council of Learned Societies, New York (l978-l985).

Chairperson: (l975-76) and Member (l974-77), Khartoum American School Board,

Khartoum, Sudan. Member: Research Advisory Committee on Law and Development, International

Legal Center, New York, l972-73. Member: Panel on Legal Training in Developing Countries, American Society of

International Law, Washington, D.C., l967-68. CORPORATE BOARDS Chairman & Director: The India Fund, Inc. (NYSE) (since February 1994). Chairman & Director: The Asia Tigers Fund, Inc. (NYSE) (since November

1993). Lead Director: Legg Mason Closed-End Mutual Funds (1993-2014) Director: Municipal Advantage Fund, Inc. (NYSE) (1994-2002). Director: Capital Bank, Dallas, Texas (1985-1986). SELECTED CONSULTANCIES European Union, “The Art of Policy Advice,” a series of four master classes for officials of the European Union Council of Ministers, June-July 2013, Brussels, Belgium. United Nations Conference on Trade and Development and Asia-Pacific Economic Cooperation, study of alternative methods of treaty-based, investor-State dispute resolution (May –November 2006), presented at Regional Seminar of Investor-State Dispute Settlement: Key Substantive and Procedural Issues, Mexico City, October 9-10, 2006.

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United Nations Economic Commission for Europe, conducted a study on corporate governance in North America and Europe (September-December 2002). International Foundation for Election Systems (IFES), conducted a USAID-funded workshop for Moroccan judges in connection with judicial reform in Morocco, March 19-27, 2001. Coopers & Lybrand/USAID, Assessment of U.S. Legal Assistance to Eastern Europe, May- September 1994. The Ford Foundation, Evaluation of South Africa's Diplomatic and Foreign Policy Training

Needs. South Africa, November 14-24, 1993. United States Agency for International Development/ISTI, Legislative Review and Training

Concerning Securities and Financial Markets in Sri Lanka. Colombo, Sri Lanka, August 16-25, 1993 and August-September 1994.

World Bank/IDLI, Training Program on the Negotiation of International Contracts and

Development Agreements, Cape Town, South Africa, December 6-11, 1992. World Bank/UNDP/Harvard Law School, Consultancy on Company Law

and Investment in Laos, Vientiane, Lao P.D.R., July 12-July 27, 1991; July 17-July 31, 1992; and June 6-20, 1993.

United Nations Centre on Transnational Corporations, Consultancy

on negotiating bilateral investment treaties, June 1989 - October 1990. Harvard Institute of International Development and Indonesia

Ministry of Economy, Finance, Industry and Development, Consultancy on reform of Indonesia's commercial laws, January 5-22, 1990.

Villanova University Law School, consultant and faculty retreat leader, December 1989. United Nations Centre on Transnational Corporations, faculty

member for a Seminar on Bilateral Investment Treaties, Port of Spain, Trinidad, September 20-23, 1988.

International Law Institute and The Ford Foundation, Consultancy

to Develop a Course in Jordan on Judicial Administration and Constitutional Rights, Amman, Jordan, March 1988.

United States Agency for International Development/Tunis

Consultancy on an Investment Coordination Seminar for Tunisian Officials, Tunis, Tunisia, March l986.

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United States Agency for International Development/Kinshasa and University of Wisconsin Land Tenure Center, a study of the national land law system in Zaire, April l985.

United Nations Centre on Transnational Corporations, study of the

investment laws in force in the Preferential Trade Area for Eastern and Southern African States, June-September l984.

AMIDEAST, Legal Education and Training Project, Cairo, Egypt,

March l984. Harvard Institute of International Development, a study on the

role of legal studies in the Aga Khan University, June l983. The Ford Foundation, Evaluation of Egyptian Investment Planning Project, Cairo, October l98l. The Ford Foundation, Conference on Company Law Reform in Egypt,

Cairo, March 2l-29, l980. United States Department of State, Conference on Arab-African Relations, May 3, l980. United States Agency for International Development, Washington,

D.C. (study of problems of law and development in the Middle East) May l978, May l980.

The Ford Foundation, Member of three-person mission to Egypt, May ll-l2, l979, to evaluate

investment planning program. CAFRAD (Centre Africain de Formation et de Recherche

Administratives pour le Developpement), Tangier, Morocco. Consultant on the teaching of comparative administration. (Week-long series of lectures to teachers of public administration in Africa; supported by UNESCO) September l970.

Columbia Law School, Founder and Director, Program to Prepare

Teaching Materials for Use in African Law Faculties, New York (with support of the International Legal Center) summers of l968 and l970.

SELECTED LECTURES, SPEECHES AND EXECUTIVE EDUCATION “The Hidden Persuader: The Role of the Advisor in Negotiations and Group Decision Making,” Keynote Speech, 15th Annual Conference on Group Decision and Negotiation, Warsaw, Poland, June 23, 2015.

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“Enhancing the International Investment Regime for Sustainable Development,” United Nations General Assembly, December 10, 2014. “Leading Lawyers, Keynote Speech to the New England Chapter of the Law Marketing Association, November 2, 2012. Harvard Program on Negotiation, “Senior Executive Negotiation Program,” since 1999. Center for Management Research, “Developing a Leadership Communication Strategy,” since 2001. “Negotiation Workshop: Strategies, Tactics and Skills for Better Deals,” annual workshop, conducted under the auspices of the Center for American and International Law,2001-2002. “Negotiating Across Cultures”, two-day, semi-annual executive seminar, conducted at the Fletcher School of Law and Diplomacy, Tufts University, 1995-1998. “The Impact of Culture on Making Deals in Asia,” Symposium on Private Investments Abroad, Dallas, Texas, June 20-21, 1995. Keynote Speech, Symposium on International Trade, American Law Firm Association, London, England, June 16, 1995. "International Negotiation," International Oil and Gas Course, Southwestern Legal Foundation, Dallas, Texas, September 26-27, 1994. "La Négociation des Transactions Commerciales," Association de Formation, week-long course in French on negotiation for business executives, Guadeloupe, March 22-27, 1993. "Barriers to Effective International Business Agreements," Harvard Program on Negotiation, Executive Seminar on Creating and Managing International Business Relationships, Cambridge, MA, semi-annually since 1992. "Making Global Deals: The Art of International Business Negotiation," American Conference Institute, New York, NY, November 17, 1992. "Chances of War and Peace in the Middle East," World Affairs Council of Boston, Boston, Massachusetts, February 12, 1992. "Making Global Deals - Negotiating in the International Marketplace," Chicago Council on Foreign Relations, Chicago, Illinois, June 4, 1991. "Germany's New Global Obligations: An American Perspective," Dusseldorf business leaders, Dusseldorf, Germany, May 29, 1991.

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"International Business Negotiation," week-long course at the Ecole Nationale des Ponts et Chaussées, Paris, France (annually since 1990). "Trade and Investment in a New Era of Diplomacy," luncheon speech to the American Bar Association National Institute on Structuring International Commercial Transactions, Chicago, November 10, 1990. "International Commercial Arbitration" and "International Negotiation," Academy of American and International Law, Southwestern Legal Foundation (annually since 1986). "Foreign Investment Climate" and "Multinational Corporations," International Law Institute, Washington, D.C. (annually since 1978). "Host Country Regulation and Promotion of Joint Ventures," American Bar Association National Institute on International Joint Ventures, New York City, January 26, 1989. "Investment Treaties, Investment Contracts and Joint Ventures," a two-day course for officials from developing countries, International Development Law Institute, Rome, Italy, January 23-24, 1989. "Looking at 1992," speech to the Commercial Club of Boston, January 12, 1989. "Bilateral Investment Treaties", seminar lectures for Caribbean officials, Port of Spain, Trinidad and Tobago, September 21-23, 1988. "Fantasies and Revolutions: Reflections on a Quarter Century of African Legal Development," speech to the American Bar Association African Law Committee Luncheon Series, Washington, D.C., December l0, l987. "International Business Negotiations in the North Pacific: A Deal Is a Deal, or Is It?" and Seminar on International Business Dispute Resolution, Fletcher/Hokkaido Program, Sapporo, Japan, July, 1987. Lectures (in French) at Moroccan institutions on "Individual Rights" and "Alternative Dispute Resolution," Rabat and Fez, Morocco, March 8-l4, l987 (sponsored by AMIDEAST and United States Agency for International Development). "Development and Private Investment" (in French), a two-day course for French-speaking legal advisors, International Development Law Institute, Rome, Italy, November 3-4, l986. Legal Megatrends for the Year 2000," Park Cities Rotary Club, Dallas, Texas, May 2, l986. "Making Deals in Unfamiliar Places: International Business and International Education," Charles Francis Adams Lecture, Fletcher School of Law and Diplomacy, Tufts University, April 28, l986.

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"United States Relations With the Third World," University Lecture Series, Southern Methodist University, January 20, l986. "Developments in Countertrade," Southern Methodist University International Finance Institute, November, l984. "Host Country Regulation of Foreign Investment," Peking Institute of Foreign Trade and Shanghai Jiao Tong University, July, l984. "International Contracting," West Texas International Trade Forum, Lubbock, Texas, May 24, l984. "Host Country Regulation of Joint Ventures and Foreign Investment," American Bar Association National Institute on Joint Venturing Abroad, New York City, March l-2, l984. "Between Pericles and the Plumber: The Challenge of Legal Education in the Eighties," Dallas Bar Association, October 22, l982. Course on International Economic Law, Universidad Panamericana, Mexico City, June l-l0, l98l. "Law and Business in the Muslim World," University of Houston, May l-2, l98l. "The United Nations and the Third World," Dallas United Nations Association Annual Luncheon, April 30, l98l. "Trends in Corporate Reform," Fort Worth/Tarrant County Young Lawyers Club Luncheon, August l6, l980. "Islamic Geopolitics," Dallas Chapter, American Jewish Committee, August l6, l979. "Law and Economic Liberalism in Egypt," Joint Breakfast Meeting of the International Law Section of the American Bar Association and the American Foreign Law Association, August l5, l979. Harvard Law School Program on Foreign Investment in Egypt, Cambridge, Massachusetts, Summers of l977, l978, and l979. Middle East Studies Center, University of California at Los Angeles: "Trilateral Investments in the Middle East: Is Three a Crowd?" March l2, l979. "Survey of American Business Organizations," Advanced Program in International Oil and Gas Management, Southwestern Legal Foundation and the University of Texas at Dallas, April 23, l979.

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SELECTED CONFERENCES Participant: “15th Annual Conference on Group Decision and Negotiation, Warsaw,

Poland, June 21-26, 2015. Participant: “Nations in Transition to Democracy”, Ditchley, England, January 17 -

19, 1997. Participant: Conference on "Constitutionalism and Political Development in Africa,"

Khartoum, Sudan, December l4-l6, l987. Chairperson: Conference on "Doctors, Lawyers, and Clergy: The Meaning of

Professional Responsibility Today," Dallas, Texas, October 24, l985. Chairperson: Conference on Social Legislation in the Middle East, Rabat, Morocco,

September 24-26, l98l, sponsored by the Social Science Research Council.

Chairperson: Conference on Property Law and Property Rights in the Middle East,

Bellagio, Italy, November 29-December l, l980, sponsored by the Social Science Research Council.

Participant: Conference on Legal Aspects of Foreign Investment in Egypt, Cairo,

March, l978. Participant: (paper presented) Conference on United States Agency of International

Development in Egypt, University of Pennsylvania, (sponsored by USAID and University of Pennsylvania) Philadelphia, January, l978.

Keynote Speaker OECD Conference on Trilateral Cooperation with Arab Involvement, Paris, January 26-28, l977. Participant: (paper presented), Colloquium on Law and Social Change in Egypt,

Aswan, December 18-20, l976. Participant: Conference on Public Enterprises and Development in the Arab

Countries, Kuwait, March, l976. Participant: (paper presented), Social Change and Social Control Through Law,

Aswan, Egypt, December l9-23, l975. Participant: Workshop on the Legal and Economic Aspects of Foreign Investment in

Egypt, Alexandria (sponsored by the Egyptian Ministry of Economy and Economic Cooperation and the Ford Foundation) October, l975.

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Participant: Conference on Administrative Law and Development in the Arab World, Beirut, Lebanon, May l975.

Participant: (paper presented), Conference on Trends in University Teaching and

Research in Public Administration, Ibadan, Nigeria, l970. Participant: InterAfrican Legal Research Conference, Accra, Ghana, l969. Participant: (paper presented), African Studies Association Annual Meeting, Los

Angeles, l968. Participant: (paper presented), Conference on the Integration of Customary and

Modern Legal Systems, Ife, Nigeria, l964. LANGUAGES French: Fluent reading, writing and speaking knowledge. Arabic: Reading knowledge. Italian: Reading and speaking knowledge. Spanish: Reading knowledge. 6/17