Cayman Islands Winter Break Program Courses
(Dec. 27, 2014 - Dec. 30, 2014)
Asset Protection Trusts in the Caribbean (1 credit)
Instructor: Carla Spivack
Offshore Asset Protection Trusts (OAPTs) are an increasingly popular device for “high risk” people – real estate developers, corporate directors, doctors, lawyers, and others perceived to have “deep pockets” - to protect their assets from creditors. The islands of the Caribbean, including the Caymans, are a major situs for these trusts, which may also offer tax and other advantages. This is an important area of law for estate planners and others in banking, regulatory and tax law.
This course will cover the basic law governing these trusts in the Caribbean in four units: 1) considerations in locating the OAPT, such as the jurisdiction’s fraudulent conveyance laws, its rules of comity, Rule Against Perpetuities repeal in the jurisdiction and its effects, the offshore tax laws and how they differ from the U.S. tax law of trusts, and the jurisdiction’s confidentiality rules; 2) features of OAPT instruments which are designed to ward off creditor claims and how to draft them, such as anti-duress clauses, protective trust clauses, and discretionary distribution clauses; 3) an assessment of the legal challenges to OAPTs through the reading of cases which have tested the legal status of OAPTs; and 4) ethics considerations involved in advising clients about OAPTs.
Comparative Intellectual Property Law (1 credit)
Instructor: Darryl C. Wilson
This course will provide a survey knowledge of Intellectual Property (IP), comparing the US system, with the laws of the CARICOM member states, both independently as well in connection with the CARICOM treaty. We will also compare the nations laws and treaty language with the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). TRIPS is the pre-eminent treaty setting forth the minimum standards for IP throughout the world with approximately 160 nations currently signatories.
I foresee the first day as an intro to IP concepts around the world. The second day as an intro on the interplay of national laws, pluralateral treaties (i.e. CARICOM), and multilateral treaties (i.e. TRIPS). The third and fourth days as a focus on dispute resolution options available to individuals and nations as well as the needs of the region to develop a multinational IP office. The exam will be 50 MC questions.
(Jan. 2-5, 2015)
Human Rights in the Commonwealth Caribbean (1 credit)
Instructor: Deborah Barker Roye
The course will explore the mechanisms for, and effectiveness of, the protection of human rights in the Commonwealth Caribbean, both the Independent Commonwealth Caribbean Islands and the British Overseas territories including the Cayman Islands.
The following rights will be explored: Right to Life, Right to Protection from Torture and Inhuman or Degrading Treatment, Right to Personal Liberty, Right to a fair trial, Right to Private & family life, Conscience and Religion and non-discrimination.
Climate Change Impacts on Ocean and Coastal Law (1 credit)
Instructor: Randall Abate
The course will address how climate change impacts are shaping domestic and international law responses to the management of oceans and coastal areas. Topics will include sea level rise, coastal erosion and beach renourishment, ocean acidification, impacts to fisheries and endangered species, ocean iron fertilization, and human rights dimensions of coastal adaptation. The course will also include a unit on climate change impacts on Caribbean nations’ ocean and coastal resources.