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AMERICAN BAR ASSOCIATION
SECTION OF INTERNATIONAL LAW
INFORMATIONAL REPORT TO THE ABA HOUSE OF DELEGATES
HIGHLIGHTS OF ALL THE GREAT THINGS
THE SECTION OF INTERNATIONAL LAW HAS BEEN DOING
SINCE FEBRUARY 2013
Membership
The Section of International Law (the “Section”) has 21,474 members: more than 50% of our lawyer
members are in private practice; 10% are in-house counsel; and nearly 20% live outside the United
States, in more than ninety countries. At the 2013 Annual Meeting, the Section’s membership
outreach activities included meetings with several foreign bar associations, and follow-up activities
have included:
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Fourteen successful “Pathways to Employment in International Law” programs at
law schools and other venues around the country;
Joint exhibition with several other Association entities at the national meetings of the
National Native American Bar Association (April 2013) and the National Bar
Association (July/August 2013).
Exhibition at the International Law Student Association Spring Conference in
Washington D.C. in conjunction with the 2013 Final Jessup Round Competition in
March 2013.
Exhibition at the American Society for International Law (ASIL) meeting in
Washington, D.C. in April 2013.
Mentor Pilot Program Continues to Encourage Young/New Members
The Section’s Mentor Program has been extraordinarily successful. The Mentor Program’s
Goals are to assist law students and young lawyers to become active in the Section and
in the ABA, and to foster relationships with and provide career guidance and advice from
experienced attorneys. The Section currently has more than fifty active mentor-mentee matches and
will be implementing the next round of matchups in Fall 2013.
Country Representative Program
The Section has a Membership Country Representative Program with sixteen regional
Representatives and the program is expanding to include more countries. Included in the program
are Argentina, Australia, Bangladesh, Bolivia, Brazil, Brunei Darussalam,
Costa Rica, Croatia, Finland, Georgia, Germany, Greece, Indonesia, Jordan, Mexico, Morocco,
Pakistan, Panama, Philippines, Romania, Russia, Singapore, South Africa, Spain, Sweden,
Switzerland, Turkey, Uruguay, and Venezuela.
City Chapters
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The Section is making great progress with the creation of City Chapters around the world which
were approved by the Standing Committee on Membership. Chapters are currently in
development in Rome/Milan, Madrid/Barcelona, Japan, Vienna/Warsaw, Paris, London and
Tokyo. A Chapter in Buenos Aires is currently active. Section Membership Officer Robert
Brown is heading up this initiative with Section member Bill Black.
Section Retreat
The 2013 Section Retreat was in Sausalito, California at the Cavallo Point Lodge and immediately
preceded the Annual Meeting in August. The goal of the Retreat was to provide Section leaders and
future Section leaders an opportunity to network and focus on strategic development and committee
business plans. The Retreat was also the forum for presentation of the Louis B. Sohn Award to
ABA President-Elect Jim Silkenat.
Providing Opportunities For Our Student Members
We are supporting the ABA membership initiative giving students free membership and continuing
with free Section membership for one year after graduation.
Rona R. Mears Writing Competition & Scholarship Awards
The Section sponsors a student writing competition to encourage law student interest and
participation in the practice of International Law and the Section. The topic of the 2013
competition was “In Spring 2013, the US Supreme Court is likely to issue its decision on Kiobel v.
Royal Dutch Petroleum, 621 F. 3d 111 (2d Cir. 2010), cert. granted, 80 U.S.L.W. 3237 (U.S. Oct. 17,
2011) (No. 10-1491), involving a claim under Alien Tort Statute, which allows US courts to
recognize cause of action for violation of the law of nations occurring within the territory of a
sovereign nation other than the US. Here is your chance to weigh in as an amicus curiae on how the
court should rule.” The 2013 winners were R. Ethan Hargraves, Liberty University School of Law
and Jonathan Markovitz, The University of California, Irvine School of Law.
Expanding Our Outreach and Visibility Within the ABA…
Within the ABA, our Immediate Past Chair, Michael Burke is incoming SOC Chair, a member of the
SOC Membership Committee focusing on international member outreach initiatives and Chair of
ABA President Bellows’ Task Force on International Activities. Chair-Elect Gabrielle Buckley is a
member of the ABA Rule of Law Initiative Board of Directors. A former Section Chair, Josh
Markus is a member of the ABA Standing Committee on Publishing Oversight. Aaron Schildhaus, a
former Chair, served as an advisor to the ABA Ethics 20/20 Commission working group on
outsourcing and former chairs Jeffrey Golden and Robert Lutz serve on the Commission.
Programs Officer Steven Richman has also been very involved in the ABA Ethics 20/20
Commission resolution, most recently chairing a section group to review the proposed resolutions.
Deborah Enix-Ross (a former Chair) and our communications officer, Steven Richman, serve on the
HOD Resolution Impact Committee. Mike Byowitz (yet another former Section Chair) also chaired
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a special task force on pleadings and was recently recognized by the American Bar Foundation with
the 2012 Outstanding State Chair Award along with former Board Liaison Sharon Gerstman.
Former Chair Glenn Hendrix and Policy Officer Ron Bettauer have worked with the ABA
Governmental Affairs Office and other ABA entities on the recommendation and report on Sharia
law and its implementation.
…And Outside the ABA
Reaching outside of the ABA, the Section believes that by identifying organizations and associations
of international lawyers with missions, interests, and goals similar to ours we can increase
membership and can speak with a more knowledgeable, powerful, and effective voice.
The Section works very closely with more than thirty international and non-U.S. bar associations
and organizations on joint programming, marketing membership outreach and activities. We also
have liaisons to more than one hundred outside bar association and organizations. Such groups
include (this list is not all inclusive):
American Society of International Law (ASIL)
Association Internationale des Jeunes Avocats (AIJA)
Barra Mexicana
Berlin Bar Association
Canadian Bar Association, National Section on International Law (CBA-NSIL)
Federal Chamber of Advocates of the Russian Federation
German Bar Association, International Committee
German Federal Bar Association
Hispanic National Bar Association
International Chamber of Commerce (ICC)
International Bar Association (IBA)
International Law Students Association (ILSA)
Inter-Pacific Bar Association (IPBA)
Israel Bar Association
Italian Bar Association (Consiglio Nationale Forenze)
Japan Federation of Bar Associations (JFBA)
Korean Bar Association
Law Council of Australia, International Law Section
Law Society of England and Wales
Law Society of Ireland
Law Society of New South Wales
New South Wales Bar Association
Moscow Chamber of Advocates
Nigerian Bar Association
Paris Bar Association – International Law Section
Shanghai Lawyers Association
Union International des Avocats (UIA)
Every quarter, the liaisons to outside organizations file a report with our Liaison Officer who, in
turn, reports to the Section’s Administration Committee. A copy of the most recent report can be
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found at:
http://www.americanbar.org/content/dam/aba/uncategorized/international_law/liaison_officer_r
eport_april_2012.authcheckdam.pdf. .
The Section’s Liaison Officer and staff have continued to update the database of contacts,
leadership, meeting information, and other key dates for those associations with which we have a
liaison relationship, as well as many other international legal organizations. We have also developed a
user-friendly, accessible world map hosted on our website which will include the information
contained in our database.
Starting in the 2010-2011 ABA year, the Section has been given responsibility for the International
Liaison Office which includes management of the Distinguished Guest Program at the Annual
Meeting, an ABA exhibit booth at the International Bar Association Annual Conference, assistance
with planning ABA Presidential trips overseas, and related budget oversight.
Updating Our Strategic Plan
The Section leadership continues to assess progress on our Strategic Plan. Immediate Past Chair
Mike Burke, Membership Officer Robert Brown and Secretary/Operations Officer Sara Sandford
are working on a review of our Plan.
Our Publications Program Has Expanded
The Section’s quarterly law journal The International Lawyer (“TIL”), and newsletter, International Law
News (“ILN”), are published quarterly. The Section’s most recent titles include (1) Handbook of
Export Controls and Economic Sanctions; (2) The Foreign Sovereign Immunities Act Deskbook; and (3) The
ABCs of the CISG.
We Have Continued Our Leadership in Developing International Policy
At its April Meeting, the Section Council approved a policy initiative from its International
Arbitration Committee on forum non conveniens (recommending that forum non conveniens not
be allowed as a defense to the enforcement of foreign arbitral awards in U.S. courts.). The Section
Council also reviewed co-sponsorship of a policy initiative from the ABA Commission on Sexual
Orientation and Gender Identity on solitary confinement in immigration detention, a policy initiative
on guidelines for an international regulatory information exchange protocol, and a policy initiative
from the ABA Section of Environment, Energy, and Resources on sustainable development.
The Section submitted joint comments with (1) the Section of Antitrust Law, the Section of
Intellectual Property Law, and the Section of Science & Technology Law on the European
Commission’s public consultation regarding its draft proposal for a revised block exemption for
technology transfer agreements (“Draft TTBER”) and for revised guidelines (“Draft Guidelines”);
(2) the Section of Antitrust Law to China’s Ministry of Commerce concerning its Comment Draft
of the Interim Regulation on Standards Applicable to Simple Cases of Concentrations of Business
Operators; (3) the Section of Antitrust Law to China’s Ministry of Commerce concerning its draft
Regulations regarding the Imposition of Restrictive Conditions for Concentrations of Business
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Operators; (4) the Section of Antitrust Law on the “Strategy Document” of the Netherlands
Authority for Consumers and Markets and (5) the Section of Antitrust Law in response to the
COMESA Competition Commission’s request for comments on the Proposed Draft Guidelines to
the COMESA Competition Regulations, 2004.
Committees Are Our Lifeblood
The Section has more than sixty substantive and special-focus Committees, including ten regional
Committees, covering virtually all aspects of international and transnational law. The Section’s
Committees have active list serves and individual websites, produce over 24 practice-specific
publications and electronic newsletters and host programs at our seasonal meetings. The Section has
also worked actively to foster and encourage diversity in all of our committee programming. The
committees have sponsored many teleconferences, webinars, and smaller brown bag programs this
year – more than ever before in the Section’s history. Since February 2013, committees have
organized an impressive number of programs on a variety of topics, including:
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IP Forever: Inexhaustible Copyrights and Patents, March 1, 2013
A non-CLE in-person event presented by the International Intellectual Property Rights
Committee
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BRICs in the Wall? Offering Legal Services in Brazil, Russia, India and China Part 2: Brazil, March 7, 2013
A non-CLE teleconference presented by the Transnational Legal Practice Committee
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The Syrian Refugee Crisis: Perspectives from the US, UN, and Civil Society, March 8, 2103
A non-CLE teleconference presented by the Middle East Committee, Refugee Law
Committee, and International Human Rights Committee
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Recent Civil and Criminal Export Enforcement Developments, March 12, 2013
A non-CLE teleconference and in-person event presented by the Export Controls and
Economic Sanctions Committee
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EPA and CBP Voluntary Disclosures Beyond 19 U.S.C. 1592(c)(4), March 14, 2013
A non-CLE teleconference and in-person event presented by the Customs Law Committee
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MFNs and RPMs - The Antitrust Spotlight is on Price Relationship Agreements, March 19,
2013
A non-CLE teleconference presented by the International Antitrust Law Committee
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Anti-Corruption Efforts in France, March 21, 2013
A non-CLE teleconference and in-person event presented by the International AntiCorruption Committee
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Dawood Ibrahim and D-Company: A Case Study of Transnational Crime and Finance,
March 22, 2013
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A non-CLE teleconference and in-person event presented by the International Anti-Money
Laundering Committee, International Criminal Law Committee, and the India Committee
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Dissecting the Crisis in Mali: From Political Intervention to International Criminal
Responsibility?, March 27, 2013
A non-CLE presented by the Africa Committee, and the International Criminal Law
Committee
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Developing Trends in Private Equity and Venture Capital in Russia and the CIS, May 8,
2013
A non-CLE teleconference and in-person event presented by the Russia /Eurasia
Committee
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Corporate Social Responsibility - A Business Essential and Legal Imperative, May 9, 2013
A non-CLE teleconference and in-person event presented by the China Committee, and the
Corporate Social Responsibility Committee
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BRICs in the Wall? Offering Legal Services in Brazil, Russia, India and China -Part 3: China,
May 14, 2013
A non-CLE teleconference presented by the Transnational Legal Practice Committee
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International Financial Institution Dispute Resolution Mechanisms to Resolve
Environmental / Social Issues, May 14, 2013
A non-CLE teleconference and in-person event presented by the International
Environmental Law Committee
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Defending the Defenders: Human Rights Lawyers at Risk, May 15, 2013
A non-CLE teleconference presented by the International Human Rights Committee
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U.S. CBP Pilot Entry Program for Residue Cargo – What is It and How Will It Affect
Importers and Carriers? May 20, 2013
A non-CLE teleconference and in-person event presented by the Customs Law Committee
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How to Represent a Global Non-Profit, May 22, 2013
A non-CLE teleconference presented by the NGO & Not-for-Profit Organizations
Committee and the International Pro Bono Committee
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Picking Your Poison: Various Settlement Options Currently in Vogue with the DOJ and
SEC, the UK SFO and the World Bank, May 23, 2013
A non-CLE teleconference and in-person event presented by the International AntiCorruption Committee
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Putting a Protective Shield Around Your IP, May 28, 2013
A non-CLE teleconference and in-person event presented by the China Committee
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The ITAR Dual and Third-Country National Rule and Canada's Controlled Goods Program:
An Update from the Regulators, June 4, 2013
A non-CLE teleconference and in-person event presented by the Export Controls and
Economic Sanctions Committee, and the Canada Committee
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Kiobel v. Royal Dutch Petroleum: What is the Future of the Alien Tort Statute, June 11,
2013
A non-CLE teleconference and in-person event presented by the International
Environmental Law Committee
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Hear the Latest on the Export Control Reform Initiative from BIS and DDTC, June 12,
2013
A non-CLE teleconference and in-person event presented by the Export Controls and
Economic Sanctions Committee, and the International Trade Committee
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International Human Rights Lobby Day, June 14, 2013
A non-CLE in-person event presented by the International Human Rights Committee
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A Conversation with Mark Pieth, Chairman of the OECD Working Group on Bribery
(WGB), June 17, 2013
A non-CLE teleconference and in-person event presented by the International AntiCorruption Committee
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The Legacy of International Criminal Tribunals in Africa, June 17, 2013
A non-CLE teleconference presented by the Africa Committee
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Breakfast at the Bar with the Under Secretary of Commerce for Industry and Security, the
Honorable Eric Hirschhorn, June 18, 2013
A non-CLE in-person event presented by the International Trade Committee and the
Export Controls and Economic Sanctions Committee
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BRICs in the Wall? Offering Legal Services in Brazil, Russia, India and China - Part 4:
Russia, June 24, 2013
A non-CLE teleconference presented by the Transnational Legal Practice Committee
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The Iran Freedom and Counter-Proliferation Act of 2012 (IFCA): OFAC Explains What It
Really Means, June 25, 2013
A non-CLE teleconference and in-person event presented by the Export Controls and
Economic Sanctions Committee
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How the Cossacks Litigated in America: Ukrainian Parties in U.S. Courts - Lessons
Learned?, June 26, 2013
A non-CLE in-person event presented by the Russia/Eurasia Committee
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Legal Issues for Operating or Doing Business in the DPRK: Implications for NGOs,
Universities, and Businesses, June 27, 2013
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A non-CLE in-person event presented by the Export Controls and Economic Sanctions
Committee
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New Developments of Antitrust Litigation in China, July 23, 2013
A non-CLE teleconference presented by the International Antitrust Law Committee and the
China Committee
Our Programming Gets Even Bigger
The Section has had a number of excellent programs since the Midyear Meeting including:
The Arab Spring: Doing Business and the Rule of Law; Dallas, Texas; February 7, 2013
In this joint conference with SMU Dedman School of Law, the Section brought high level speakers
from Egypt and Tunisia, as well as high level government speakers in the US to discuss the current
status of the Arab Spring movement. Law students from SMU were able to attend the sessions and
network with lawyers and judges from around the world. This full day conference brought together
over 90 attendees representing 9 countries.
The Section’s Spring Meeting attendance surpassed past DC meetings with over 1,300 attendees
from a 62 countries. The meeting offered participants more than seventy world class programs on
cutting-edge legal issues, including a day of “boot camp” designed for newer attorneys as well as
those wanting “refreshment. Networking opportunities abounded with four spectacular receptions
at the Jones Day, the Hyatt Regency on Capitol Hill, the Supreme Court, and the United States
Institute of Peace. Attendees also enjoyed our After-Hours reception at PJ Clarke’s and a wellreceived third time event, a young lawyers networking brunch at W Hotel co-sponsored by AIJA.
Keynote luncheon speakers included Diplomat and Minister-Counselor Hiddo Houben, head of the
Trade Section of the European Union Delegation, the U.S. Department of the Treasury Assistant
Secretary for Financial Institutions, Acting Under Secretary for Arms Control and International
Security Rose Gottemoeller, and Supreme Court Justice Ruth Bader Ginsburg.
The Fourth Annual ABA International & Israel Bar Association Joint Conference: Law, Business and Technology;
Eilat, Israel; May 26-29, 2013.
This Fourth Annual conference brought together leaders of the Section of International Law, the
ABA, and lawyers from Israel and around the world in Eilat. This conference featured more than
three days of events, networking and programming covering issues and events of critical and current
importance including: International White Collar/Corporate Criminal Activity, Cyber Security,
Global Corporate Counsel, International M&A, International Commercial Insurance and more.
ABA Section of International Law & The International Section of the German Bar Association (DAV) Joint
Conference: Successfully Navigating Hazardous Waters: The Third Conference on Transatlantic Deals and Disputes;
Frankfurt, Germany; June 2-3, 2013
This Third Joint Conference with the ABA Section of International Law and the DAV brought
together lawyers from around the globe for two days of networking and programming. Program
topics included: Cross-Border Professional Ethics, International Commercial Litigation Depositions,
CISG in Europe and Worldwide, Data Privacy for M&A Lawyers, Alternative Means of Dispute
Resolution and more.
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ABA Annual Meeting Programming; San Francisco, California; August 8-11
This year, the Section sponsored 7 CLE programs, including one Showcase program, at the ABA
Annual Meeting. The full line up of programs is below:
 “Internet Governance: What it is, Where it’s Going, and What it Means for your
Clients”
 Showcase Program: “The New Ethical Terrain of Global Legal Services”
 “Tracking Holocaust Art: Strategies for ADR and Diplomatic Resolution via Global
Trade Routes”
 “Corporate Corruption: the Compelling Need for US Firms to Comply with Both
the FCPA and the UK Bribery Act”
 “Dancing Handcuffed in a Minefield: China’s Hidden Heroes in the Criminal
Defense Bar”
 “Impact of Immigration Issues on Family Law and Private Clients”
 “The Challenges of Global Climate Change”
Our Focus on International Projects and Rule of Law Activities
It is worth recalling that for more than three decades, the ABA has affirmed the rule of law as one
of its fundamental goals. Within this goal, the ABA's objectives are to: (1) increase public
understanding of and respect for the rule of law, the legal process, and the role of the legal
profession in the United States and throughout the world; (2) encourage governments to be
accountable under law; (3) work for just laws, including human rights, and a fair and transparent
legal process; (4) assure meaningful access to justice for all persons; and (5) preserve the
independence of the legal profession and the judiciary. Significantly, ABA President Laurel Bellows
recently had the chance to reiterate the importance of this goal before the United Nations on the
occasion of a High-level Meeting on the Rule of Law at the National and International Levels. The
ABA delegation to this session, held in New York in September, included the Chair of our Section,
Bart Legum. [See the ABA news release and statement: http://www.abanow.org/2012/09/abapresident-laurel-bellows-to-lead-delegation-at-high-level-meeting-of-u-n-general-assembly/.]
It is clear that rule of law issues are expanding into many different policy and program areas
throughout the world, in contexts as diverse as sustainable development, peace and security, formal
and informal justice systems, economic growth, poverty alleviation, women’s rights, dispute
settlement, public services and treaty implementation. The rule of law will continue to be a priority
on the Section’s international agenda, as well as in the work of the ABA. The Section has
collaborated with a number of outside organizations in its rule of law work.
UN Forum on Business and Human Rights
Last year, the Section of International Law and the ABA Center for Human Rights developed a
report and recommendation on the UN Guiding Principles on Business and Human Rights. This
was adopted by the ABA House of Delegates in February 2012. The UN Guiding Principles seek to
provide an authoritative global standard for preventing and addressing the risk of adverse human
rights impacts linked to business activity. Endorsed by the UN Human Rights Council in June 2011,
they reflect extensive consultation with various stakeholders, including legal experts. The US
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government has actively supported this initiative and is currently working on means of
implementation. The UN has established two main follow-up mechanisms: a working group and an
annual multi-stakeholder forum. Section members Isabella Bunn and Bob Lutz organized the ABA’s
participation in the first annual UN Forum on Business and Human Rights, held in Geneva on
December 3-5, 2012. The ABA delegation included: Laurel Bellows (ABA President), Jim Silkenat
(ABA President-Elect), Deborah Enix-Ross (Chair, ABA Center for Human Rights), Bart Legum
(Chair, ABA Section of International Law), Salli Swartz (Former Chair, ABA Section of
International Law), Bob Lutz (Former Chair, ABA Section of International Law), Isabella Bunn
(Rule of Law Officer, ABA Section of International Law) and Gretchen Bellamy (Diversity Officer,
ABA Section of International Law). Among the highlights of the Forum was an official presentation
by President Bellows on access to judicial remedies and an ABA side event on the role of the legal
profession with respect to business and human rights. That session was a roundtable discussion
featuring international bar leaders and legal experts.
International Legal Resource Center
The International Legal Resource Center (ILRC) was established in December 1999, based upon the
common commitment of the United Nations Development Programme (UNDP) and the American
Bar Association (ABA) to advocate for democratic governance and the rule of law on a global scale.
For more than a decade, the project has assisted UNDP as well as several other United Nations
(UN) entities and multinational organizations that work in developing countries with legal issues
beyond democratic governance. Respect for the rule of law is an essential component of all
development initiatives and a prerequisite for the creation of sustainable environments and overall
poverty reduction.
The ILRC, which is housed within the ABA Section of International Law, identifies experts for
requests relating to technical legal assistance projects, knowledge management and advisory services
worldwide. The ILRC also conducts assessments of draft and current legislation, gauging its
compliance with international standards where appropriate and provides legal research and
substantive advice to governments on policy formulation. Lastly, the ILRC is continuing to expand
its range of capabilities and is flexible in responding to the changing needs of UNDP, other UN
entities, multinational organizations and their local partners.
The ILRC database has over 2000 legal and development experts; 49.1% of our experts are non-US,
37.5% are women, and 67.4% have more than 10 years of experience. Over the past year, the ILRC
has expanded its range of capabilities and has become more flexible in responding to the changing
needs of UNDP, other UN entities, multinational organizations and their local partners. Please see
the 2010-2011 Highlights Report.
UNDP
Section/ILRC experts and legal research associates have provided support on these following
noteworthy projects:
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UNDP/Bangladesh: Understanding Informal Governance Sectors, Actors and Systems
UNDP/Botswana: Establishing an effective Public Private Partnership for HIV and AIDS
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UNDP/Bratislava: Regional Center: Assessing Governance in the Water Sector
UNDP/Colombia: Integrating Transparency in the Peace process
UNDP/HQ: Sustainable Development Legal Protections
UNDP/Kenya: Human Rights Based Approaches for Development Planning
UNDP/Moldova: Review of Draft Law on Chemicals
The ILRC recruited a team of seven (7) experts working remotely to assist on a pro bono
basis. Through their review of the Draft Law, the legal experts have identified provisions
that need to be improved or changed for the Draft Law to meet EU standards and other
goals; additionally, they have specified registration procedures, and further defined the
penalty provisions in the Draft Law all whilst providing a number of substantive and
strategic recommendations.
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UNDP/Nigeria: Preparation of a Project aimed at Strengthening Civil Society
Organizations’ Advocacy Response on HIV/AIDS
UNDP/Nigeria: Programs to Support Media with Parliamentary
UNDP/Rwanda: CLE Litigation Project
UNDP/Sierra Leone: Searching for Models of Think-Tanks at the Centre of Government
UNDP/Uzbekistan: Research on One-Stop-Shop (OSS) for Public Services Delivery
E-Consultation: Gender-Based Violence in the Post-2015 Development Agenda
E-Consultation: UNDP Experiences Supporting Domestic Violence Law Reform
International Finance Corporation (IFC), member of the World Bank Group
The Section of International Law has lent its support to IFC’s Alternative Dispute Resolution
Program (ADR) since July 2010. In June, Section member Bill Baker traveled to Lebanon on behalf
of the Section to participate in workshops with business and law school faculties on the concept and
advantages of mediation, including elements of a curriculum on mediation and the role of the legal
profession. In addition, Junior Associates Gabriel McCoard, Salman Ravala and Heidi Frison
assisted in the development of a joint ABA-IFC pamphlet on mediation advocacy that could be used
by all their country offices. The pamphlet is set to be published between January and February 2013.
This assistance has been provided on a pro bono basis.
On November 6, 2012, the Section was honored to host the Honorable Shafique Ahmed, Minister
of Law, Justice and Parliamentary Affairs of Bangladesh. The Minister has first-hand experience in
ADR as a lawyer. Moreover, he is a champion of the ADR reform efforts in Bangladesh and has
worked closely with the IFC. Some of these initiatives include amending the Bangladesh Civil
Procedure Code to introduce mandatory mediation for commercial disputes; establishing the first
ever arbitration center in Bangladesh, the Bangladesh International Arbitration Center; and
introducing legislative changes to promote Tax ADR, in particular, facilitation of voluntary
mediation in Income Tax, Customs and VAT tax disputes.
The one-day program was held at the DC Superior Court's Multi-Door Dispute Resolution Division
(Multi-Door) which helps parties settle disputes through mediation and other types of appropriate
ADR, including arbitration, case evaluation and conciliation. After the observation of a civil case at
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Multi‐Door, Karen Leichtnam, Multi-Door ADR Training Manager, presented an overview of the
history and purposes of Multi‐Door, its connection with the Court and its success rate through
mediation and other forms of dispute settlement in resolving cases pending trial in the Superior
Court. Afterwards, there was an interactive discussion about the recently observed mediation and
the proposed mediation program in Bangladesh. American Bar Association representatives Mr.
Glenn Hendrix (former ABA International Law Chair), Mr. John Bickerman (former Chair of the
Section of Dispute Resolution) and Ms. Joanna Jacobs (Director at the Office of Dispute Resolution
at U.S. Department of Justice) also engaged in a lively Q&A.
World Bank’s Global Forum on Law, Justice and Development
The Global Forum on Law, Justice and Development (Global Forum) aims to facilitate the
identification, discussion, production and sharing of innovative and customized legal and
institutional tools to address global, regional or national development challenges. The Forum seeks
to (i) promote a better understanding of the role of law and justice in the development process,
through structured South-South and North-South dialogues among relevant stakeholders, and a
research agenda that will facilitate and support the co-generation of knowledge; (ii) strengthen and
better integrate legal and judicial institutions in the development process, through the carrying out of
relevant capacity building initiatives; and (iii) provide access to an open repository of knowledge.
The Global Forum will set measurable, sustainable goals for itself in these areas, and evaluate its
progress.
The Section is a Founding Partner as well as an Intellectual Partner in this endeavor with the World
Bank, providing in-kind contributions on a number of thematic topics. (For a list of the other 102
partners, see: http://www.globalforumljd.org/partners/index.htm). The topics are being
coordinated through thematic working groups (TWGs) exploring several overarching themes: Justice
Reform/Rule of Law; Law and the Economy; Environmental Law & Natural Resources;
Governance and Anti-Corruption; and Empowerment and Equity for Diverse Communities. All
members of the ABA are welcome to get involved in the Global Forum.
Law, Justice and Development (LJD) Week 2012. LJD Week 2012 (December 10-14, 2012) is
associated with the Global Forum. LJD Week 2012 explored the potentially transformative role of
effective law and legal institutions in providing people with more opportunity that is both inclusive
of underserved populations and equitable. It brought together World Bank Group staff, senior
officials from other international financial institutions, international development practitioners,
government officials, lawyers, judges, scholars and representatives from civil society. In addition, the
formal launch of the Global Forum and dedicated sessions led by its TWGs took place during the
week. Members of the ABA and the Section worked with the TWGs on the sessions discussing the
environment and natural resources, gender, Islamic finance, justice and rule of law reform, public
private partnerships and sovereign debt.
The Section was once again invited to host a reception on December 11, the second day of the
conference. ABA President-Elect Jim Silkenat presented the keynote speech on our behalf.
As a follow-up to LJD week, the Section is organizing a panel at the its Spring Meeting in
Washington, DC, to highlight the results of this effort to our broader membership and explore
various ways we can continue to be engaged, especially through our various ROL activities.
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Doing Business Report 2013
The Section and its International Legal Resource Center (ILRC) were invited by the Doing Business
project at the World Bank and IFC to contribute to the 2013 edition of the global Doing Business
report. Doing Business researches business laws and regulations in over 183 countries. The results of
the research are presented in an annual report, considered one of the most high-profile publications
(over 5 million internet hits a year) produced by the World Bank Group. Doing Business relies on probono contributions of legal professionals to update the data annually. Accordingly, Doing Business
sought to expand its network of legal contributors by reaching out to members of the Section and
the ILRC to participate in research surveys for this project. Participation enables contributors to
utilize their firm’s expertise to improve business regulations in their own economy and worldwide.
Over 200 Section and ILRC members provided contributions. Acknowledgements are presented on
pages 217-270 of the report.
The Doing Business 2013 report was launched on October 23, 2012. The report marks the 10th
edition of the Doing Business series. Over the past decade, these reports have recorded nearly 2,000
regulatory reforms implemented by 185 economies. The reforms have yielded major benefits for
local entrepreneurs across the globe. On November 13, 2012, the Section and the World Bank
hosted a session to discuss the new report, including findings on which regions have the most
business-friendly environment and which economies are showing the most improvements. Special
Counsel from Hughes, Hubbard & Reed, LLP shared how they make use of the report to inform
their daily business.
Lastly, Section and ILRC members have contributed to the World Justice Project Rule of Law Index
2012 Questionnaire, as well as to a World Bank survey from Women, Business, and the Law on
regulations influencing women’s labor force participation and entrepreneurship in 141 economies
around the world.
The Section has several Task Forces at work on various issues:
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FEED (Financial Engineering for Economic Development) which has been advising
governments;
Legal Empowerment of the Poor; and
The International Models Project on Women’s Rights (“IMPOWR”) website
(www.impowr.org) was launched two years ago and we continue to expand the information available
in the IMPOWR Research Database. The Database is a web-based collaboration of information on
effective reform and enforcement efforts on laws affecting women’s rights. By providing robust
primary and secondary source information in a structured format facilitating comparison between
and among countries, it plays a unique role in supporting the Convention on the Elimination of All
Forms of Discrimination Against Women (“CEDAW”). IMPOWR relies upon wiki-like
contributions and comments from volunteer researchers to supply the content for the Research
Database. We currently have over 400 volunteer lawyers and law students working on the project.
The IMPOWR Task Force continues to maintain a very active social media presence, including
targeted informational “campaigns” to increase awareness of, and participation in, our work. The
Task Force continues to work on outreach to NGOs, law schools and law firms for additional
volunteers and data. Several pro-bono research teams from top tier international law firms including
Latham & Watkins and White and Case, have contributed significantly to the database by focusing
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on the topics of entire countries. Recently, IMPOWR was also nominated and selected as to be the
recipient of the Puget Sound Association of Phi Beta Kappa Annual Pathfinder Award. This award
honors those who encourage others to seek new worlds to discover, pathways to explore, and
untouched destinations to reach. A priority is to secure foundation funding and work in greater
cooperation with other Section committees.
The Section’s Intellectual Property Rights program, co-sponsored with the U.S. Department of
Commerce and the Coalition Against Counterfeiting and Piracy, allows U.S. small and medium-size
enterprises to receive free one-hour consultations with experienced volunteer attorneys regarding
the protection of their intellectual property rights. Since the program’s inception in November 2005,
we have successfully matched more than one hundred small and medium sized U.S. companies with
volunteer attorneys.
The Section’s International Legal Exchange (“ILEX”) Training Program continues to
facilitate non-U.S. attorneys’ entrance into the U.S. for training programs. Since January 1999, over
1,500 lawyers from more than sixty different countries in over two hundred law firms, corporate
legal departments, and non-governmental organizations have come to the U.S. through the ILEX
Training Program.
ILEX Briefing Trips
The Section led an ILEX Briefing Trip to Warsaw, Poland and Vienna, Austria, from March 10-16,
2013. The Delegation met with high-level officials in each country from the Ministry of Justice,
judiciary, U.S. Embassy, international organizations (including meetings with the United Nations
Commission on International Trade Law (UNCITRAL) and the United Nations Office on Drugs
and Crime (UNODC) in Vienna) and members of the local and regional bar associations.
The Section also held an ILEX Briefing Trip in Jerusalem and Tel Aviv that took place from May
22-24, 2013, before the Section’s joint program with the Israel Bar Association in Eilat. The
Delegation met with leadership at the Israel Bar Association as well as officials from several Israeli
law schools and the business community.
The next ILEX Briefing Trip is being planned for February 2014 to Myanmar and Cambodia. If
you know of someone who may want to participate, please contact Ted Carroll
(ted.carroll@americanbar.org).
J-1 Visas for Visiting International Lawyers
As a U.S. government designated sponsor, the Section’s International Legal Exchange Training
Program (ILEX) certifies international lawyers' eligibility for exchange visitor status under the J-1
visa. International attorneys with a training offer from a U.S. law firm or legal office can apply for
the J-1 visa through the ILEX program. From May 2012-May 2013, the Section processed over 50 J1 visa applications from foreign lawyers to train in the U.S.
Rule of Law Programs
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As the Section’s seasonal meetings always include a “Public International Law/Rule of Law” track,
members can attend a variety of panels in relevant areas. Of particular note at the Miami meeting
was a compelling rule of law session that included World Bank Deputy General Counsel Hassan
Cisse, SMU Law School Dean John Attanasio, Justice Ellen Northfleet, Jodi Hanson-Bond from the
U.S. Chamber of Commerce, ABA President Laurel Bellows and ABA President-Elect Jim Silkenat.
Additionally, at a panel on Global Pro Bono Opportunities, Isabella had the opportunity to provide
an overview of the Section’s rule of law projects and how members can become involved.
In previous years, the Section has organized a superb series of teleconferences called the “Rule of
Law Information Series”. We have re-titled this the “Rule of Law Advancement Series” to add a
sense of action and engagement. We are off to a slower start than we had hoped, but have a number
of teleconferences in the planning stages to begin early next year. A focus has been outreach to
organizations working in this field around the world, some of which already collaborate with the
Section or participate in its meetings.
Respectfully submitted,
Bart Legum, Chair
August 2013
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