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AMERICAN BAR ASSOCIATION
SECTION OF INTERNATIONAL LAW
INFORMATIONAL REPORT TO THE ABA HOUSE OF DELEGATES
Membership - We Continue to Grow!
The Section of International Law (the “Section”) has 23,618 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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Nine 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
Hispanic National Bar Association and the National Asian Pacific American Bar
Association
Exhibition at International Law Weekend in New York City on October 25 – 27th at
Fordham Law School
Mentor Pilot Program Continues to Encourage Young/New Members
The Section’s Mentor Pilot 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 January 2013.
Country Representative Program
The Section has a Membership Country Representative Program with twenty-eight regional
representatives in each of 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.
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.
Expanding Our Outreach and Visibility Within the ABA…
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Within the ABA, our Immediate Past Chair, Michael Burke is a member of the SOC Membership
Committee focusing on international member outreach initiatives. 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. 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 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
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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
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 and Membership Officer Robert Brown are working on a review of our goals and
timelines at a strategic planning session at this Midyear Meeting.
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 approved publication of several new titles
including (1) International Arbitration in Russia; (2) Short Form International Law Limericks, Haikus and Six
Word Stories; and (3) Doing Business in Saudi Arabia.
We Have Continued Our Leadership in Developing International Policy
At its October Meeting, the Section Council reviewed policy initiatives still in development (1) from
its International Family Law Committee on creation of a judicial network; and (2) from its
International Human Rights Committee on statute of limitations for crimes against humanity. The
Section Council also approved co-sponsorship of a policy initiative from ABA President Laurel
Bellows on cybersecurity and heard an update from Immediate Past Chair Mike Burke on the
drafting of an amicus brief in the Balaji case in the Indian Supreme Court.
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The Section’s Task Force on the ABA Ethics 20/20 Commission continues its work to review and
comment on commission recommendations.
The Section submitted joint comments with (1) the Section of Antitrust Law on the Colombian
Superintendent’s Draft Guidelines on Trade Associations; (2) the Section of Antitrust Law on the
United Kingdom’s Competition Commission’s Draft "Guidelines for Market Investigations" for
Public Consultation and with the Section of Antitrust Law and the Section of Intellectual Property
Law on SAIC’s Draft Guide on Anti-Monopoly Law Enforcement in the Field of Intellectual
Property Rights; (3) the Section of Antitrust Law regarding the Proposed Regulation of the
European Parliament and of the European Council on the Protection of Individuals with Regard to
the Processing of Personal Data and on the Free Movement of Such Data; and (4) the Sections of
Intellectual Property and Antitrust Law on the SAIC’s Draft Guide on Anti-Monopoly Law
Enforcement in the Field of Intellectual Property Rights.
On December 3, the ABA sent a letter to the U.S. Senate supporting the resolution of advice and
consent to ratification of the Convention on the Rights of Persons with Disabilities (CRPD), based
on the Section’s policy urging ratification.
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
committees have also sponsored teleconferences and smaller brown bag programs since the Annual
Meeting, including:
Antitrust Enforcement in African Countries – State & Trends, September 5, 2012
A non-CLE teleconference presented by the Antitrust Law and Africa Committees
Anatomy of an M&A Deal – Session Three – Letters of Intent, September 6, 2012
The third session of a seven part non-CLE teleconference series presented by the International
M&A Joint Venture Committee
In the Belly of the Beast: Commercial Cargo and Security In an Era of Weapons of Mass
Destruction, September 12, 2012
A non-CLE teleconference and in person program presented by the Export Controls and Economic
Sanctions Committee, International Trade Committee and International Transportation Committee
Mexico-U.S. Cross Border Investment Tax Issues, September 13, 2012
A non-CLE teleconference presented by the International Tax Committee
Migration and People Movement: Front-line Insights on Business Practices for India, China
and the United States, September 18, 2012
A non-CLE teleconference presented by the China Committee and co-sponsored by the
Immigration & Naturalization and India Committees
Anatomy of an M&A Deal – Session Four – Due Diligence, September 19, 2012
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The fourth session of a seven part non-CLE teleconference series presented by the International
M&A Joint Venture Committee
Medical Devices Exports and Joint Ventures in India, September 24, 2012
A non-CLE teleconference presented by the India Committee
White Collar Criminal Investigations and Proceedings in France and the U.S., September 25,
2012
A non-CLE teleconference and in person program presented by the Europe Committee
Humanitarian Use of Patents, September 27, 2012
A non-CLE teleconference presented by the International Pro Bono Committee
Solving the China Puzzle in Global Merger Review, November 1, 2012
A non-CLE teleconference presented by the China Committee
Cartel Enforcement in Smaller Jurisdictions -- Issues and Challenges, November 6, 2012
A non-CLE teleconference presented by the Antitrust Committee in cooperation with the Canadian
Bar Association
Anatomy of an M&A Deal – Session Five – The Acquisition Agreement, November 7, 2012
The fifth session of a seven part non-CLE teleconference series presented by the International
M&A and Joint Ventures Committee
OFAC Facilitation: Know It When You See It? , November 8, 2012
A non-CLE teleconference presented by the Export Controls and Economic Sanctions Committee
Triumphantly Managing Transparency & Privacy Laws in China
with a brief focus on New CIETAC Arbitration Rules, November 20, 2012
A non-CLE in person event presented by the China Committee
Transfer Pricing in Mexico, Traps for the Unwary and the Non-Tax Professional, November
28, 2012
A non-CLE teleconference presented by the International Tax Committee, and cosponsored by the
Customs Law Committee, the Mexico Committee, and the International Commercial Transactions,
Franchising and Distribution Committee
Iranian Transactions and Sanctions Regulations, December 3, 2012
A non-CLE teleconference and in person event presented by the Export Controls & Economic
Sanctions Committee
Financial Intelligence & Information Sharing (FIIS) Working Group
Winter Symposium, December 4, 2012
A non-CLE teleconference and in person event presented by the International Anti-Money
Laundering Committee
Perspectives on Canada's New Copyright Laws: Bill C-11 and the Canadian Supreme
Court's Copyright Pentalogy, December 5, 2012
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A non-CLE teleconference jointly presented by the International Intellectual Property Rights
Committee and the Canada Committee
Recent Developments in CBP's Entry Process and Duty Refund Branch, December 6, 2012
A non-CLE teleconference and in person event presented by the Customs Law Committee
Responsibility to Protect: An Expert Look at Syria's Crisis, December 7, 2012
A non-CLE teleconference jointly presented by the International Human Rights Committee and the
Middle East Committee
Explore a New Trend China and the EU Direct Investment, December 10, 2012
A non-CLE teleconference and in person event jointly presented by the China Committee and the
Europe Committee
E.U. Environmental Law and Policy Developments: The Business View from Brussels,
December 10, 2012
A non-CLE teleconference and in person event presented by the International Environmental Law
Committee
The 3rd Annual "Live from L" January 10, 2013
ABA Section of International Law in cooperation with the American Society of International Law,
the George Washington University School of Law, and The Office of the Legal Adviser, U.S.
Department of State
Anatomy of an M&A Deal – Session Six – Differences Between Public and Private
Acquisitions, January 16, 2013
The sixth session of a seven part non-CLE teleconference series presented by the International
M&A and Joint Ventures Committee
FATCA 6038D-Year End Planning & Tax Compliance, January 23, 2013
A non-CLE teleconference presented by the International Tax Committee, and co-sponsored by the
Canada Committee, India Committee, International Family Law Committee, and the International
Trade Committee
Tax Treaties & Exchange of Information Agreements – Impact on Cross-Border
Commerce, February 6, 2013
A non-CLE teleconference presented by the International Tax Committee
Our Programming Gets Even Bigger
Miami, Florida, October 16-20, 2012 “2012 Section of International Law Fall Meeting”
From October 16-20, 2012, the Section held its Fall Meeting with more than 900 attendees from
over 50 countries. The 2012 Fall Meeting offered participants more than seventy world class
programs on cutting-edge legal issues. Networking opportunities abounded with three spectacular
receptions at the Fontainebleau Miami Beach, Moore Building, & New World Symphony. Attendees
also enjoyed our After-Hours reception at Wet Bar and we again offered a young lawyers
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networking brunch at Niki Beach, co-sponsored by AIJA. Keynote luncheon speakers included
Francisco J. Sánchez, Under-Secretary for International Trade at the U.S. Department of Commerce,
Justice Ellen Gracie Northfleet, retired Chief Justice of the Federal Supreme Court of Brazil, and
Patricia O’Brein, Under-Secretary-General for Legal Affairs and UN Legal Counsel.
Moscow, Russia, September 21, 2012 “The 4th Annual Conference on the Resolution of CISRelated Business Disputes,” the Section’s highly popular annual conference in Moscow was once
again at capacity with about 250 attendees. The panelists from the US, Europe, and the CIS covered
topics such as Russia’s Membership in the WTO, Resolving Disputes with Russian Regulatory
Agencies, Calculating Damages in the CIS, and more. The conference concluded with a lively moot
court with representatives from the US, UK and Russia debating a multi-jurisdictional shareholders
dispute. Attendees were also treated to a special pre-conference boat cruise and networking dinner
as well as a closing reception at the Ambassador’s residence, Spaso House.
The 13th Annual LIVE from the SEC, October 2, 2012. For the 13th year, the Live from the
SEC program broadcast live updates from top SEC officials in Washington to an interactive site in
London and to participants all over the world. An SEC Commissioner and high ranking officials
from the organization spoke about developments in international securities law, including DoddFrank and its impact on foreign issuers and markets. Attendees were able to ask questions of the
panel in real-time.
Brussels, Belgium, November 12-13, 2012 “Increasing Access to Justice Through E.U. Class Actions: A
Conference for Litigators & Policy Makers” presented by the International Human Rights Committee.
This two-day program held at the European Parliament Building in Brussels, Belgium featured
speakers from the EU, US and European Parliament. The 96 participants of the program heard
panels discussing a variety of topics including: class actions as they relate to environmental harm,
financing collective actions and access to justice as a human right.
London, United Kingdom, November 29, 2012 “Capital Markets in the 21st Century” The
second annual joint conference with the Law Society of England and Wales sold out this year with
150 attendees. World class capital markets practitioners, regulators, and bankers covered topics such
as trends in emerging capital markets, cross- border listing issues, and European companies listing
on the New York Stock Exchange. Attendees also enjoyed a networking luncheon and a closing
reception at the Law Society headquarters.
Dallas, Texas, Feb 7, 2013, “Joint Conference at SMU on The Arab Spring and the Rule of Law”
This symposium jointly presented by the SMU Dedman School of Law featured an impressive and
distinguished lineup of speakers including: Judge Raoudha Labidi, Chairwoman of the Tunisian
Magistrates, Honorable Adel Omar Sherif, Deputy Chief Justice of the Supreme Constitutional
Court of Egypt;Adulkarim Hamoud AL-Dekhayel, General Director – Institute of Diplomatic
Studies, Ministry of Foreign Affairs, Saudi Arabia; Dennis Grindinger, Executive Vice President and
CFO of Hunt Oil Company; and, Essam Al Tamimi, Partner of Al Tamimi & Company, the largest
law firm in the Middle East. The attendees heard these speakers on four different panels, each
relating to the Arab Spring and the Rule of Law. These sessions covered Judicial Independence and
the Rule of Law, Energy and the Middle East/North Africa, Doing Business in MENA and the Rule
of Law, and Dispute Resolution and the Rule of Law.
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Working Cooperatively With Other Bar Associations
The Section is looking forward to and already working on its third collaborative conference with the
German Bar International Section on June 2-3, 2013 in Germany, as well as its third collaboration
with the Israel Bar Association May 26-29, 2013.
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
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
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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
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
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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
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.
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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.
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
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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
International Models Project on Women’s Rights (see below). The International Models Project
on Women’s Rights (“IMPOWR”) launched its website (www.impowr.org) last summer 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 200 volunteer
lawyers and law students working on the project. We have partnered with the Thomson Reuter’s
Foundation to provide its TrustLaw newsfeed on women’s issues on our website, as well as with
other organizations such as Solicitors for Human Rights to add content to the Research Database.
Phase II of the database project will provide enhanced features and functions, particularly regarding
language translation. A priority is to secure foundation funding.
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.
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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
Planning is nearly complete for the next ILEX Briefing Trip to Warsaw, Poland and Vienna, Austria,
scheduled for March 10-16. The Delegation will meet with high-level officials from the Ministry of
Justice, judiciary, U.S. Embassy, international organizations and members of the local and regional
bar associations.
Planning is also underway for an ILEX Briefing Trip to Jerusalem and Tel Aviv that will take place
May 22-24 before the Section’s joint program with the Israel Bar Association in Eilat. If you know
of someone who may want to participate, please contact Christina Heid
(christina.heid@americanbar.org).
Rule of Law Programs
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
February 2013
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