Tafadzwa Pasipanodya

I apply international law to resolve global problems and help clients achieve their goals in high-stakes international disputes.

Tafadzwa Pasipanodya is a partner in Foley Hoag’s International Litigation & Arbitration department and chairs the firm’s Africa Practice. Tafadzwa has extensive experience representing sovereign States and State-entities before the International Court of Justice, the International Tribunal of the Law of the Sea, and arbitration tribunals constituted pursuant to the rules of ICSID, UNCITRAL, the ICC, and the SCC.

Tafadzwa has helped her clients successfully resolve complex multi-jurisdictional disputes concerning natural resources, mining, energy, the environment, human rights, the law of the sea, infrastructure, and territorial boundaries, among others.

Tafadzwa also represents foreign States in U.S. federal court proceedings and advises multinational corporations on human rights and the environment as a member of Foley Hoag’s Global Business & Human Rights practice.

Tafadzwa is one of the top 30 African arbitration practitioners (Africa Arbitration Academy, Africa Arbitration and the Association of Young Arbitrators) and one of the top 32 female lawyers working on Latin American arbitration and litigation matters (Latinvex). Who’s Who Legal has described her as “a brilliant, multilingual lawyer who is incredibly sharp and effective in cross-examination.”

Tafadzwa is a member of the ICC Court of Arbitration, Vice President of the African Society of International Law, and on the Executive Council of the American Society of International Law. She understands English, Shona, Spanish, French, German and Portuguese.

Related Industries

Sovereign States

Related Practices

Education

New York University School of Law, J.D., 2008
Princeton University School of International and Public Affairs, M.P.A., 2004
Macalester College, B.A., magna cum laude, 2001

Bar and Court Admissions

BAR ADMISSIONS

District of Columbia
New York

COURT ADMISSIONS

U.S. District Court for the District of Columbia

Languages

Shona
French
Spanish
German
Portuguese

Experience

INVESTMENT AND COMMERCIAL ARBITRATION

Thomas Gosling and others v. Republic of Mauritius. Counsel to Mauritius in an ICSID arbitration concerning real estate developments and the designation of the Le Morne area as a UNESCO World Heritage Site, securing an award in favor of Mauritius.
Ritika Mehta et al v. Oriental Republic of Uruguay. Counsel to Uruguay in an UNCITRAL arbitration concerning a $4 billion claim by an iron ore mining company, securing a judgment and a cost award in favor of Uruguay.
Niko Resources v. Bangladesh, Bapex and Petrobangla. Counsel to Bangladesh and its state entities in a dispute before ICSID concerning the causes, impacts and damages related to two gas blowouts, securing a finding of liability against the investor.
Pac Rim Cayman v. El Salvador. Counsel to El Salvador in a dispute before ICSID concerning gold mining and environmental rights, winning $8 million in attorney costs for El Salvador.
Anglo American v. Bolivarian Republic of Venezuela. Counsel to Venezuela against a UK mining company in an ICSID Additional Facility arbitration concerning the termination of a nickel concession, securing a judgment in Venezuela’s favor.
African state and its national oil company. Counsel in a $7 billion oil and gas arbitration instituted by oil and gas companies (ongoing).
Ncell & Axiata v. Nepal. Counsel to Nepal in ICSID arbitration concerning the taxation of a telecommunications enterprise (ongoing).
ADP International & Vinci Airports v. Chile. Counsel to Chile in ICSID arbitration concerning measures taken by Chile to address the COVID-19 pandemic (ongoing).
Latin American Regional Aviation Holding v. Uruguay. Counsel to Uruguay in ICSID arbitration concerning Uruguay’s former national airline, Pluna (ongoing).
The Lopez-Goyne Family Trust and others v. Republic of Nicaragua. Counsel to Nicaragua in ICSID arbitration concerning the termination of an oil exploration and exploitation concession contract (ongoing).
Telefonica v. Peru. Counsel to Peru in an ICSID arbitration concerning Peru’s taxation of a telecommunications enterprise (ongoing).
Gold Reserve v. Bolivarian Republic of Venezuela. Counsel to Venezuela against a Canadian gold mining company in an ICSID Additional Facility arbitration concerning gold concessions and environmental rights.
EURAM v. Slovak Republic. Counsel to Slovakia in an UNCITRAL arbitration concerning health insurance policy reform, securing a judgment in Slovakia’s favor.
Highbury & Ramstein v. Bolivarian Republic of Venezuela. Counsel to Venezuela in an ICSID arbitration brought under the Venezuela–Dutch bilateral investment treaty concerning gold and diamond concessions, securing a judgment in Venezuela’s favor.
Vannessa Ventures Ltd. v. Bolivarian Republic of Venezuela. Counsel to Venezuela before an ICSID Additional Facility arbitration tribunal against a Canadian mining company seeking US$1 billion in damages for the cancellation of a gold mining contract, securing a judgment in Venezuela’s favor.
Counsel to a State-owned entity of a Latin American country against a German company in an ICC arbitration related to a maintenance and repair contract, securing a judgment in its favor.
Nova Scotia Power Inc. v. Bolivarian Republic of Venezuela. Counsel to Venezuela in an UNCITRAL arbitration arising from a coal supply contract with a Canadian company, winning $1 million in arbitration and attorney costs for Venezuela.

TERRITORIAL AND MARITIME DISPUTES

Switzerland v. Nigeria. Counsel to Nigeria before ITLOS for the provisional measures phase and before an UNCLOS Annex VII arbitral tribunal for the merits phase, in a dispute concerning the detention of a shipping vessel with Swiss flag in the exclusive economic zone of Nigeria.
The Philippines v. China. Counsel to the Philippines in an arbitral proceeding under Annex VII of UNCLOS to determine the maritime entitlements of the Philippines and China in the South China Sea. The Tribunal rejected China’s claim to “historic rights” in the maritime areas encompassed by its so-called “nine-dashed line” as inconsistent with the U.N. Convention on the Law of the Sea, and found that China violated the Philippines' sovereign rights under the Convention.
Ghana v. Cote d’Ivoire. Counsel to Ghana in a case concerning its maritime boundary in the Gulf of Guinea in an arbitral proceeding under Annex VII of UNCLOS.
Nicaragua v. Colombia. Counsel to Nicaragua in a dispute concerning violations of sovereign rights and maritime spaces in the Caribbean Sea.
Nicaragua v. Colombia. Counsel to Nicaragua in a case concerning the delimitation of the continental shelf between Nicaragua and Colombia beyond 200 nautical miles from the Nicaraguan Coast.
Djibouti v. Eritrea. Counsel to Djibouti in a mediation by His Royal Highness the Emir of Qatar to end the border conflict and determine the land and maritime boundaries between the two States, including sovereignty over offshore islands.
Advising a Sub-Saharan African country regarding potential maritime disputes.
Advised a Latin American country regarding a territorial and maritime dispute.
Advised a North African country regarding a territorial dispute.

INTER-STATE DISPUTES CONCERNING HUMAN RIGHTS

The Gambia v. Myanmar. Counsel to the Gambia before the ICJ in lawsuit seeking to hold Myanmar accountable under international law for genocide against the Rohingya, securing unanimous provisional measures order against Myanmar.
Georgia v. Russia. Counsel to Georgia in a dispute concerning the Convention on the Elimination of All Forms of Racial Discrimination and Russia’s participation in and support for ethnic cleansing against ethnic Georgians before the International Court of Justice.
Ecuador v. Colombia. Assisted in the representation of Ecuador in a case concerning the social and environmental impact of Colombia's aerial spraying of toxic herbicides on its border with Ecuador before the International Court of Justice.
Argentina v. Uruguay. Assisted in the representation of Uruguay in a case concerning Uruguay’s licensing of paper pulp mill as an environmentally safe model of sustainable economic development and Argentina’s allegation that it could pollute the river shared by the two States before the International Court of Justice.
Advised an East Asian country concerning a human rights dispute with a neighboring country.

LITIGATION BEFORE UNITED STATES FEDERAL COURTS

Isegohi Edwards v. Federal Government of Nigeria et. al. Counsel to Nigeria in a case to enforce a judgment before the U.S. District Court for the District of Massachusetts, securing decision in favor of Nigeria.
Securesoft Technologies LLC v. Embassy of Ghana. Counsel to the Embassy of Ghana in a contract case before the U.S. District Court for the District of Columbia, securing settlement in client’s favor.
Community Finance Group v. Kenya. Counsel to Kenya in a foreign sovereign immunity case before the U.S. District Court for the District of Minnesota and the U.S. Court of Appeals for the Eighth Circuit. Court of Appeals affirmed District Court judgment in favor of Kenya.
Carpenter v. Chile. Counsel to Chile in a foreign sovereign immunity case before the District Court for the Eastern District of New York, securing judgment in favor of Chile.

CORPORATE SOCIAL RESPONSIBILITY

Conducted a global assessment of corporate criminal liability for the United Nation's special representative on business and human rights.
Conducted a human rights impact assessment of a company’s oil and gas operations in a North African country.
Advised two Canadian mining companies on human rights policy, due diligence and community engagement in the Middle East and Eastern Europe.

Publications

Co-editor, The Law of the Sea – Contemporary Norms and Practice in Africa (in progress)
Author, “Environmental Considerations in Investment Arbitrations and Treaties” in in THE INTERNATIONAL COMPARATIVE LEGAL GUIDE TO: INVESTOR-STATE ARBITRATION 2022, Global Legal Group (ed.), 4th Edition, 2021
Co-author (with K. M’ziani, S.Y. Hwang, & U. Nnamdi), “USA: Investor State Arbitration 2022” in THE INTERNATIONAL COMPARATIVE LEGAL GUIDE TO: INVESTOR-STATE ARBITRATION 2022, Global Legal Group (ed.), 4th Edition, 2021
Co-author (with J. García Olmedo), “21st Century Investment Protection: Africa’s Innovations in Investment Law Reform”, International Bar Association Arbitration Committee Newsletter, November 24, 2021
Co-author (with I. Padeanu, R. Maweni, & K. M’ziani), “USA: Investor State Arbitration 2021” in THE INTERNATIONAL COMPARATIVE LEGAL GUIDE TO: INVESTOR-STATE ARBITRATION 2021, Global Legal Group (ed.), 3rd Edition, 2020
Co-author (with D. Maestro), “USA: Investor State Arbitration 2020” in THE INTERNATIONAL COMPARATIVE LEGAL GUIDE TO: INVESTOR-STATE ARBITRATION 2020, Global Legal Group (ed.), 2nd Edition, 2019
Co-author (with K. Claussen & J. Katz Cogan), “An Introduction: International Law in Practice,” Proceedings of the ASIL Annual Meeting, 112, Cambridge University Press, 2018
Co-author (with M. Hodgson), “Investor-State Dispute Settlement Reform” in THE INTERNATIONAL COMPARATIVE LEGAL GUIDE TO: INVESTOR-STATE ARBITRATION 2019, Global Legal Group (ed.), 1st Edition, 2018
Co-author (with V. Nmiehelle), “The African Union in THE LAW OF THE SEA: THE AFRICAN UNION AND ITS MEMBER STATES, P. Vrancken and M. Tsamenyi (eds.), Juta, 2017
Author, “The Law of the Sea’s Role in Steering Africa’s Blue Economy”, African Yearbook of International Law / Annuaire Africain de droit international, Vol. 21, Brill Nijhoff, 2015
Author, “Government Regulation on Trial: Expropriation Claims against Latin American States at ICSID”, The Law and Practice of International Courts and Tribunals, Vol. 14, Issue No. 3, Brill Nijhoff, 2015
Author, “Greensboro Truth and Reconciliation Commission (United States)” and “Commission of Inquiry to Locate the Disappeared during the Panchayat Period (Nepal),” Entries in the Encyclopedia of Transitional Justice, L. Stan and N. Nedelsky (eds.), Cambridge University Press, January 2013
Author, “Expropriation before a South African Court and an Investor-State Tribunal: An Analysis of the Minister of Minerals & Energy v. Agri SA Decision through the Lens of International Law”, Transnational Dispute Management, Vol. 9, No. 7, December 2012
Co-author, “Business and Human Rights in the United States,” Chapter in Global Business and Human Rights, European Lawyer Reference, 2011
Author, “European Parliament Adopts Resolution on Corporate Social Responsibility,” National Law Review, December 2010
Author, “A Deeper Justice: Economic and Social Justice as Transitional Justice in Nepal”, Oxford University International Journal for Transitional Justice, vol. 2, 378-397, December 2008
Co-author (with N. Dastoor, J. Huckerby & S. Narula), “Recasting Justice: Securing Dalit Rights in Nepal’s New Constitution”, Center for Human Rights & Global Justice, New York University, March 2008
Author, “Rwandan participants at the International Criminal Tribunal for Rwanda: For them, with them, or despite them”, Emerging Human Rights Scholarship Conference, Center for Human Rights & Global Justice, New York University, April 2007
Co-author (with the Workshop on Post-Conflict Reconstruction), “Securing Peace: An Action Strategy for Post- Conflict Sri Lanka”, Princeton University/ CSIS, June 2004.

Honors & Involvement

HONORS

Africa Arbitration Academy, Africa Arbitration and the Association of Young Arbitrators (AYA): Africa’s 30 Arbitration Powerlist 2020
Who’s Who Legal: Arbitration – Future Leader (2021, 2022)
Latinvex Top 100 Female Lawyers (2020, 2021, 2022)
Lawyer Monthly Legal Awards – Arbitration (2020)
Legal 500: Latin America (2020)
Latinvex Top 50 Rising Legal Stars (2018)
Legal 500: USA (2018)
NYU Law Alumni of Color Association (LACA) 40 Under 40 Rising Star (2018)
Root-Tilden-Kern Scholar (2005-2008)
Vanderbilt Medal for Outstanding Contributions to NYU School of Law (2008)
NYU/Center for Human Rights and Global Justice Human Rights Fellow (2006)
Dean of Student’s Award for Leadership and Outstanding Contributions, Macalester College (2001)

INVOLVEMENT

International Chamber of Commerce (ICC) International Court of Arbitration, Court Member (2021 – present)
African Society of International Law (AfSIL), Vice President (2019 - present)
American Society of International Law (ASIL), Executive Council Member (2020-present); Blacks of the American Society of International Law Task Force Co-Chair and Member (2017-present); Annual Meeting Co-chair (2017-2018); Annual Meeting Program Committee Member 2017; Secretary of the Africa Interest Group (2016-2017)
ICC Africa Commission, Member (2021 – present)
Racial Equality for Arbitration Lawyers (REAL), Steering Committee
American Bar Association, International Law Section, Member
Adhikaar (human rights and social justice organization working with Nepali communities in the United States), Co-founder
Almasi Arts Alliance (non-profit organization that supports the dramatic arts industry in Zimbabwe), Trustee
Human Rights Watch, Justice Circle, Member
Provide pro bono counsel to the Heinrich Böll Foundation with regard to public private partnerships and infrastructure financing
Provided pro bono counsel with regard to Haitian smuggling and trafficking in Ecuador

Speaking Engagements

Moderator, “Child Protection in Armed Conflict”, American Society of International Law and Geneva Call Expert Conversation, Washington, D.C., 8 November 2022
Chair, “Africa and the Challenge of Climate Change,” 11th Annual Conference of the African Society of International Law, Cairo, 28 October 2022
Faculty Member, “Cross-Examination”, Delos Remote Oral Advocacy Programme, 19 October 2022
Speaker, “Guerilla Tactics in Arbitration: Keeping Proceedings on Track,” 6th Annual ICC Africa Conference, 3 June 2022
Speaker, “Career Moves for Women in Law: Taking the Leap from Local to Global,” Institute for African Women in Law & Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ), 10 May 2022
Speaker, “Inter-State Dispute Resolution: Perspectives from an International Judge & Practitioners”, HIALSA Masterclass Workshop Series, Harvard University, 28 April 2022
Speaker, “Harnessing Global Change to Propel Diversity in International Arbitration: New Initiatives and Opportunities”, 1st California International Arbitration Week, 18 March 2022
Trainer, “International Arbitration Training for States and State-Owned Entities,” International Chamber of Commerce Institute of World Business, Accra, 15-17 February 2022
Speaker, “UNCITRAL Investor-State Dispute Settlement Reform and the Stakes for African Member States” Workshop, African Union Office of the Legal Counsel, November 8, 2021
Chair, “African Trade in the 21st Century,” 10th Annual Conference of the African Society of International Law, October 29, 2021
Speaker, “Tribunal Dynamics: Making the Best of an Arranged Marriage,” GAR Connect: Africa 2021, October 14, 2021
Speaker, “Investor-State Arbitration: Trends, Challenges and Opportunities,” ICLG Webinar, October 5, 2021
Speaker, “The remote-working lawyer: how to build new professional relationships, and maintain the ones you have,” London International Disputes Week 2021, May 10, 2021
Faculty Member, “International Arbitration Skills Masterclass,” American Bar Association, May 5, 2021
Speaker, “Rohingya: Citizenship, Erasure, Belonging and Storytelling in Health and Human Rights,” Dartmouth University, April 6, 2021
Speaker, “Litigating Health and Security Exceptions in Investment Treaties”, Annual Meeting of the American Society of International Law, March 25, 2021
Speaker, “Launching the Commonwealth Resource for Government Lawyers Negotiating Investment Contracts”, Commonwealth Secretariat, March 25, 2021
Speaker, “International Women’s Day: Let’s Choose to Challenge”, American Society of International Law, March 8, 2021
Speaker, “Investment Protection in Emerging Markets in a Pandemic-ridden World”, Harvard University, March 6, 2021
Speaker, “Capital Gains Tax and Investor-State Dispute Settlement: Exploring the Implications of Vodafone and Cairn,” Columbia Center on Sustainable Investment, January 20, 2021
Speaker, “Damages in International Arbitration,” TagTime Holiday Special Webinar, Delos Dispute Resolution, December 16, 2020
Faculty Member, “Expropriation,” Advanced Investment Arbitration Training, International Law Institute-African Centre for Legal Excellence, Georgetown Law, and ICSID, November 18, 2020
Speaker, “Review of the Institutional and Legal Framework for Arbitration in Africa: A Way Forward?”, 2020 Annual Conference, Nigerian Institute of Chartered Arbitrators, November 18, 2020
Speaker, “Litigating International Environmental Law: Substantive & Strategic Considerations,” South Africa Environmental Law Association, November 5, 2020
Chair, “COVID-19, Solidarity, and International Law,” 9th Annual Conference of the African Society of International Law, October 30, 2020
Course Presenter, “Fair and Equitable Treatment,” Promotion and Protection of Investment in Africa, University of Pretoria, October 20, 2020
Speaker, “A Contemporary Debate on Diversity in Arbitration,” Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada, VII Arbitration Congress, October 19, 2020
Speaker, “Inclusiveness of Arbitrators,” Inaugural Africa Arbitration Day, British Institute of International and comparative Law (Virtual), September 3, 2020
Speaker, “Avoiding Pitfalls in Arbitration – Costs & Damages,” 8th Annual East Africa International Arbitration Conference (Virtual), August 28, 2020
Speaker, “The COVID-19 Pandemic & the Contractual Force Majeure Landscape: Lessons for the Future,” Nairobi Centre for International Arbitration, (Virtual), August 13, 2020
Speaker, “Africa: a regional study,” Women in Arbitration, GAR Live Conference, London, December 5, 2019
Moderator, “New Kids on the Block: How will controversial new soft laws perform?”, Global Forum on International Arbitration, Chantilly, France, December 2, 2019
Speaker, “A New Multilateralism?”, American Society of International Law Midyear Meeting: Practitioner’s Forum, New York, November 7, 2019
Chair, “Litigating International Environmental Law: Recent Trends,” International Environmental Law in Africa, 8th Annual Conference of the African Society of International Law, Durban, October 26, 2019
Speaker, “Managing the Inevitables,” Government Contracting and Investment Disputes: Lessons for States and Investors, 7th Annual East Africa International Arbitration Conference, Nairobi, August 29, 2019
Speaker, “Disputes in Developing Economies and Legal Frameworks: Examples from Africa,” GAR Live Energy Disputes Conference, London, July 2, 2019
Speaker, “Public Private Partnerships: Instruments to Use with Caution,” United Nations Economic and Social Council (ECOSOC) Forum on Financing for Development, New York City, April 15, 2019
Speaker, “Corruption after Establishment: Should It Disqualify Otherwise Meritorious Claims?”, 13th Annual Investment Treaty Arbitration Juris Conference, Washington, D.C., April 8, 2019
Speaker, “The African Arbitration Association Is Here: Now What?”, First Annual Conference on International Arbitration of the African Arbitration Association (AfAA), Kigali, Rwanda, April 4, 2019
Speaker, “San Francisco 2.0: Constructing a Global Governance Architecture for the 21st Century,” Annual Meeting of the American Society of International Law, Washington D.C., March 28, 2019
Speaker, “Issues with the Current ISDS System: From Diagnosis to the Desirability and Feasibility of a Reform,” Reviewing International Reforms to the Investment Regime and to the Investor-State Dispute Settlement Mechanism: Perspectives from the Asian-African Regions, African Institute of International Law (AIIL) and Asian-African Legal Consultative Organization (AALCO), Arusha, Tanzania, November 20, 2018.
Speaker, Pan-African Interactive Workshop on Public-Private Partnership (PPP) Contracts for Sustainable Infrastructure, International Institute for Sustainable Development (IISD), Johannesburg, South Africa, November 14-16, 2018.
Speaker, “International Investment Law and Policy: Human Rights, Environmental Damage and Sustainable Development,” Hot Topics in Investment Arbitration, Africa International Legal Awareness Conference, Nairobi, Kenya, November 5, 2018
Chair, “Legal and Policy Cooperation Framework on Maritime Security,” Africa and the Law of the Sea, 7th Annual Conference of the African Society of International Law, Antananarivo, Madagascar, October 27, 2018
Speaker, “Why Is Infrastructure So Hard to Get Right?”, 2nd Global Roundtable on Infrastructure Governance, World Bank Group and African Development Bank, Grand Bassam, Côte d’Ivoire, June 21, 2018
Speaker, “Damages Tools – Globalizing the Analysis of Damages,” 3rd ICC Africa Conference, International Chamber of Commerce, Lagos, Nigeria, June 19, 2018
Speaker, “ISDS Reform in Light of Recent Discussions in Working Group III – A Universal Discussion,” 50th UNCITRAL and 60th New York Convention Anniversaries Conference, UNCITRAL, Abuja, Nigeria, June 15, 2018
Speaker, "Trade, Finance & Investment in Africa," International Economic Law Colloquium, Institute of International Economic Law, Georgetown University Law Center, Washington D.C., February 5, 2018
Speaker, “Mining and the Environment in Africa: Time to Strike the Right Balance,” Annual Conference of the African Society of International Law Dar es Salaam, Tanzania, October 27, 2017
Speaker, “Structural Constraints on Judicial Arbitrators’ Independence?”, International Law Weekend, Fordham University School of Law, New York City, October 20, 2017
Speaker, “The Role of Infrastructure in Financing a Sustainable Transformation in Africa,” Annual Meetings of the World Bank Group and International Monetary Fund, Washington D.C., October 11, 2017
Speaker, “Is an International Court for Investment Arbitration Necessary?", Tenth Annual International Arbitration Conference of the Center for Arbitration and Mediation of the Ecuadorian-American Chamber of Commerce, Quito, Ecuador, March 9, 2017
Moderator, “Building a Successful Career in International Arbitration,” Young International Council for Commercial Arbitration/ Blacks of the American Society of International Law training workshop, Washington D.C., September 26, 2016
Speaker, “The Global Color Line: A Candid Conversation about the Intersections of Race, Gender, and Class on the Pathway to an International Career,” Women’s Information Network (WIN) Women Opening Doors for Women annual event, Washington D.C., June 20, 2016
Moderator, “Steering Africa’s Blue Economy: The Role of International Law & Lessons for Other Maritime Regions,” Annual Meeting of the American Society of International Law, Washington D.C., April 1, 2016
Speaker, “International Law Careers and Speed Mentoring Event,” Annual Meeting of the American Society of International Law, Washington D.C., April 1, 2016
Speaker, “The Law of the Sea’s Role in Steering Africa’s Blue Economy,” African Association of International Law Conference on “International Law & Economic Development in Africa: Challenges and Opportunities,” Libreville, Gabon, August 29, 2015
Speaker, Inaugural Conference of the Bernstein Institute for Human Rights, New York University School of Law, “Emerging Voices: A Conversation with the Next Generation” Panel, April 22, 2015
Speaker, Conference on Africa and International Law: Taking Stock and Moving Forward, “Shaping Africa's Borders and International Law: African States' Delimitation of Territorial and Maritime Boundaries,” Albany Law School, New York, April 14, 2012
Speaker, Conference on International Law: War Crimes, Human Rights, and Immigration, “Will the Poor Always Be With Us? Legal Enforcement of Economic and Social Rights,” Elon University School of Law, North Carolina, February 12, 2012