Compliance in International Law with Mark Chinen | Seattle University School of Law

Summary

In this discussion, Kelly Rodriguez Curry, Director of the Master of Legal Studies and Sports Law program at Seattle University School of Law, introduces Professor Mark Chinnan. The conversation delves into international law, including public and private international law, and their relevance to compliance officers. Topics cover international business transactions, corporate law, and regulations such as privacy laws in Europe and artificial intelligence governance. The speakers discuss the evolving role of compliance officers, blending legal knowledge with operational practices to ensure organizational compliance. The session emphasizes the growing importance of these fields in a globalized legal environment.

Takeaways

• 😀 Kelly Rodriguez Curry introduces herself as the director of the Master of Legal Studies and Sports Law Program at Seattle University School of Law.
• 😀 Professor Mark Chinnan shares his background, which includes studying at Harvard Law School and writing books on AI and international governance.
• 😀 Mark discusses the two primary types of international law: public international law, which regulates nation-state relations, and private (or transnational) law, which impacts business transactions across borders.
• 😀 Both public and private international law touch many sectors, including business, trade, and regulatory compliance, as companies work across national borders.
• 😀 The conversation highlights the complex intersections of sports law, corporate law, and international law, especially when crossing borders in business.
• 😀 Corporate law includes transactional law (e.g., contracts, joint ventures) and the rules governing business entities like corporations or LLCs.
• 😀 International compliance is crucial in industries like shipping, where companies must navigate international regulations, treaties, and customs duties to facilitate cross-border transactions.
• 😀 Compliance officers play a pivotal role in ensuring companies meet legal and regulatory requirements and implementing these policies effectively throughout the organization.
• 😀 A key aspect of compliance officers' roles involves coordinating communication between various stakeholders in the company, synthesizing complex legal and regulatory information into actionable policies.
• 😀 The growing focus on privacy regulations, particularly in the European Union, is a major concern for compliance officers, with AI applications like ChatGPT becoming increasingly scrutinized for their data privacy practices.

Q & A

What is the main focus of Professor Mark Chinnan's academic and professional interests?

Professor Mark Chinnan focuses on international business transactions, international law, and the legal issues raised by artificial intelligence (AI). His recent work includes two books on legal responsibility in AI and the international governance of AI.

What is the distinction between public international law and private international law?

Public international law regulates relationships between nation-states and international organizations like the United Nations and NATO. Private international law, or transnational law, governs business activities that cross borders and involves legal issues related to international trade, contracts, and corporate operations.

How does international law apply to corporate law?

International law intersects with corporate law in areas such as cross-border business transactions, compliance with international treaties and regulations, and the governance of multinational corporations. This includes negotiating contracts, licenses, joint ventures, and ensuring corporate entities comply with global regulations.

What is the role of a compliance officer in the context of international law?

A compliance officer ensures that a company follows applicable regulations, laws, and internal policies, especially when the company engages in international business. They handle everything from customs duties to international treaties, making sure the organization navigates the legal landscape of global trade and operations.

What types of contracts are commonly involved in international shipping and trade?

International shipping and trade involve contracts related to the carriage of goods, such as shipping agreements between sellers, buyers, and carriers. These contracts must adhere to international treaties and regulations, and compliance officers ensure these agreements are properly executed and maintained.

How do privacy regulations relate to international business and compliance?

Privacy regulations, especially in the European Union, affect companies with international operations. Compliance officers need to ensure that their organizations follow strict data privacy laws, such as GDPR, when dealing with customers and data across borders. Companies may also face enforcement actions for non-compliance with these regulations.

How does the European Union influence international privacy regulations?

The European Union is a leader in digital privacy regulations, with stringent laws like GDPR. As a result, companies globally, especially those in the U.S., must comply with these regulations if they handle European customer data. The EU also proposes regulations specifically for AI applications, setting standards for global companies.

How does artificial intelligence impact international governance and legal frameworks?

Artificial intelligence introduces new challenges for international governance, particularly around issues of legal responsibility when AI causes harm. There is growing interest in developing international legal frameworks for regulating AI, which includes privacy, safety, and ethical concerns across borders.

What is the role of a compliance officer in navigating cross-border business operations?

A compliance officer plays a crucial role in ensuring that business operations across borders comply with both local and international laws. They are responsible for understanding and applying a variety of legal frameworks, including trade regulations, privacy laws, and corporate governance rules, to maintain legal and ethical operations.

What skills are essential for a compliance officer working in international law?

A compliance officer in international law must possess strong legal and analytical skills to understand and apply complex regulations and treaties. They should also have effective communication skills to coordinate with various departments, translating legal requirements into actionable policies and ensuring compliance across the organization.