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Dear Members, What a great Spring Meeting we just had in New York! It was, as predicted, our largest seasonal meeting ever, but this April event was bigger still because of the quality of the programming and the camaraderie on display. I know that I have thanked them before, but I would like to express my gratitude once again to our Spring Meeting sponsors, our Planning Committee and our incomparable and indefatigable Section staff, and I would especially like to thank the Meeting Co-Chairs, Bob Brodegaard, Ingrid Busson and Albert Garrofé (and Co-Chair "Emeritus" Mike Byowitz). In addition, I would also like to thank each of you who participated. For the better part of a week, we achieved collectively what none of us could have done individually. We listened and learned, we tried to make a difference, we shared our experiences, and we managed to have some fun. No one who attended will soon forget the sensational Rainbow Room formal. This has to be the best dancing Section in the ABA! Let me share with you a view of the Spring Meeting through the eyes of a student, a first-time attendee, whose report to a law school dean included the following: "I recently had the privilege of interacting with a great many lawyers at the ABA Section of International Law's Spring Meeting in New York. I was able to attend fascinating lectures, debates, seminars and round-table discussions on subjects ranging from women's rights in Africa, to the legality of General Musharraf's declaration of a state of emergency in Pakistan, to the closer-to-home subject of the extent to which law schools should focus on international law in their curricula. Throughout all of this, one thing became apparent above all else. These lawyers were passionate. Passionate about the law, and passionate about their opportunity to take action and work for change. I found the entire experience inspiring. I was also amazed to see the sense of community that exists in the legal world. I was struck by how far out of their own way these people would go to help each other out, often for no personal gain. This solidified my desire to become a part of this legal community, and to play my role in helping that community give back to society at large (a theme that ran through the entire meeting)." By the way, the author of that report was my 22-year-old son, and this dad would like to conclude this Chair's message by again thanking all the Spring Meeting attendees, in this case for making parenting easy for me in the first week of April by your examples as role models and by the other contributions made on that occasion to ensure another very special display by the Section of: "International Law, World Class."
To view photos from the 2008 Spring Meeting in New York, click here and enter passcode 16661. Photos are available for purchase courtesy of Jenny Ebert Photographer
ABA DAY AT THE UN Immediately prior to the Spring Meeting, the Section held its annual ABA Day at the United Nations for ABA leaders. ABA President Bill Neukom and Section Chair Jeff Golden led a 40-strong delegation, which included ABA Executive Director Hank White, ABA Rule of Law Initiative Director Rob Boone, members of the ABA Board of Governors, House of Delegates, and the Section's Council. At the UN, meetings were held with the Under-Secretary-General for Legal Affairs and Legal Counsel, Nicolas Michel, the Deputy Secretary-General, Dr. Asha-Rose Migiro, Assistant Secretary-General for Legal Affairs, Larry Johnson, Assistant Secretary-General for Policy Planning, Robert Orr, Under-Secretary-General for Management, Alicia Bárcena, and Under-Secretary-General for Peacekeeping Operations, Jean-Marie Guéhenno. Ambassador Sergio de Quieroz Duarte, High Representative for Disarmament Affairs was the luncheon speaker. Following lunch, the delegation had the opportunity to meet with Ambassador Valenzuela from the European Union Commission to the UN, as well as Ambassador Khalilzad and the Ambassador Wallace at the U.S. mission to the UN. It was a particularly inspiring and, as always, very informative program, and the Section owes special thanks to Co-Chairs for the event Judge Marilyn Kaman and Ellen Yost, Council Member Jonathan Granoff, and Section staffers Christina Heid and Jaci Powers for all their efforts to ensure the success of this year's ABA Day at the UN.
SECTION AWARDS Also at the Spring Meeting, the Section presented two of its most prestigious awards. Deborah Enix-Ross, Immediate Past Chair of the Section and current Chair of the ABA Section Officers Conference, received the Section’s Mayre Rasmussen Award for the Advancement of Women in International Law. The Section presents this award periodically to individuals who have achieved professional excellence in international law, encouraged women to engage in international law careers, enabled women lawyers to attain international law job positions from which they were excluded historically, or advanced opportunities for women in international law. Louis Henkin, University Professor Emeritus, Columbia Law School, received the Section’s Louis B. Sohn Award for Public International Law. The award, in honor of former Section Chair Louis B. Sohn (1992-93), is presented to those persons who have made distinguished, long-standing contributions to the field of public international law.
ABA INTERNATIONAL PARTNERS ABA International signed a cooperative agreement with the Law Society of England and Wales during the Spring Meeting. ABA International and the Law Society — together with its new International Division — look forward to continuing a very collaborative relationship. The International Division is the Law Society's international service designed to help lawyers and law firms develop their international business and build global relationships and profile. From negotiating with and lobbying the profession's regulators, government and others, to offering training and advice, the Law Society helps, protects, and promotes solicitors across England and Wales. Now through May 14, ABA International members can join the Law Society’s new International Division at 50 percent off. Click here to take advantage of this very special offer. The Section also signed cooperative agreements with the American Society of International Law, the German Bar Association International Committee, the Canadian Bar Association-National Section on International Law, the International Law Section of the Law Council of Australia, and the Barra Mexicana.
POLICY DEVELOPMENTS The ABA recently submitted a letter to Nancy Pelosi, Speaker, and John Boehner, Minority Leader, of the U.S. House of Representatives underlining the ABA's support for Trade Promotion Authority and urging that the House of Representatives preserve, and adhere to, the Trade Promotion Authority-eligible status of the submitted implementing bill for the U.S.-Colombia Trade Promotion Agreement. Click here to read the letter online. The ABA’s support is based on policy developed by ABA International. On March 18, 2008, the Section (together with the Section of Antitrust Law) submitted comments to the Japanese Fair Trade Commission addressing serious issues raised by proposed amendments to Japan's Antimonopoly Act. The proposed amendments could have significant implications for international companies doing business in Japan (including the introduction of penalties for certain "exclusionary" conduct and a number of changes to the pre-merger notification system). In a letter to the Chairs of both Sections, the JFTC expressed thanks for our views, took the unusual step of responding to each of our comments in turn, and concluded by expressing its desire to "keep a productive relationship with your Sections." Congratulations to the members of the working group that assembled the comments, and the Section leaders and leaders of our International Antitrust Committee for their work on this important project. These comments are one of many policy initiatives that the Section has undertaken this year in antitrust and many other fields of international practice, and Section members are urged to take the opportunity to participate in this rewarding work going forward. Also together with the Section of Antitrust Law, the Section submitted comments in early April to the Legislative Affairs Office of the State Council of the People’s Republic of China on the Draft for Comments of the State Council Regulations on Notifications of Concentrations of Undertakings. In their comments, the Sections focused on several aspects of the Comment Draft that remain inconsistent with the recommendations of the International Competition Network or otherwise raise concerns regarding practicality and operability. Click here to access the cover letter and the text of the comments through the Section’s International Antitrust Committee home page.
At the same meeting, the Section Council also approved a resolution that the American Bar Association support “the negotiated liberalization of international trade in goods and services, through government-to-government trade agreements, as a factor contributing importantly to the spread of the Rule of Law.” Click here to read the complete recommendation and report. The Council agreed to join the ABA Section of Science & Technology Law in presenting to the House of Delegates at the 2008 Annual Meeting in New York a resolution urging the U.S. government to ratify the new UN Convention on the Use of Electronic Communications in International Contracts. This resolution furthers ABA Policy set forth in Resolution 303 — also co-sponsored by ABA International and ABA Science & Technology — which the ABA House of Delegates adopted in August 2006, urging the U.S. government to become a signatory to the Convention. Click here to read the resolution.
ABA INTERNATIONAL CALENDAR For updates on programming and events, visit our Section calendar on-line at www.abanet.org/intlaw/calendar.
"Legal Challenges for Foreign Investment in Latin America” Few regions in the world undergo such profound and constant change as Latin America. ABA International’s Latin American & Caribbean Committee will be holding its second annual conference this year in Sao Paulo, Brazil on May 8-9, 2008. This program will focus on various legal aspects which international practitioners need to know and understand when dealing in the region. Leading practitioners from throughout the Americas will examine foreign investment, trade, antitrust, investor-state arbitration, natural resources and other timely topics of interest. We hope you will be able to join us! Click here for more information and to register.
“The Energy Market in Europe: New Markets, New Regulation, New Deals” This program will bring together key policy makers and the most important market players to discuss the main challenges and opportunities arising in the European energy market as a result of new regulations that are being planned, supply difficulties and the emergence of new markets. We hope you will be able to join us! Click here <http://www.abanet.org/intlaw/barcelona/> for more information and to register.
This program will provide a cross-jurisdictional perspective on antitrust enforcement involving the grocery industry. The grocery industry has become of increasing interest to antitrust authorities in recent years, in much the same way as the retail gas industry, because of the impact it has on consumers' pocket books. The session will include a discussion of the various investigations of the grocery industry undertaken in Australia, Ireland and the UK as well as the U.S. approach to merger enforcement in the area, such as the recent Whole Foods decision. Panelists include: Darren Tucker of O'Melveny & Myers LLP, Washington, D.C.; Michael Rowe of Slaughter and May, London; Gerald FitzGerald of McCann FitzGerald, Dublin; and Wolfgang Hellmann of Blake Dawson, Sydney. Moderator: Mark Katz of Davies Ward Phillips & Vineberg LLP, Toronto. For more information, contact Tally White at whitet@staff.abanet.org or +1 (202) 662-1672.
Click here for a full list of ABA International Co-Sponsored Programs.
UPCOMING SHOWCASE PROGRAM ABA International, in conjunction with the ABA Center on Human Rights and Section of Individual Rights and Responsibilities, is organizing a celebration of the 60th Anniversary of the Universal Declaration of Human Rights to take place in New York, November 13-14, 2008. If you are interested in working with the planning committee, please contact International Projects Director Christina Heid, and Anniversary Program Chair Kate Birmingham Bontekoe. Click here for more information about the program.
PATHWAYS TO EMPLOYMENT IN INTERNATIONAL LAWPathways to Employment in International Law events bring experienced international lawyers together with law students and young lawyers to share career paths and options. We encourage members to join Pathways panels at their local law schools. If you are interested in being a speaker at any upcoming programs, please contact Membership Director Angela Benson at bensona@staff.abanet.org or by phone at +1 (202) 662-1664:
ABA International hosts CLE teleconferences every month. We need your suggestions and ideas for future events. For more information about the Section’s CLE teleconference program, please contact Committees Coordinator Tally White at whitet@staff.abanet.org or by phone at +1 (202) 662-1672.
International Law News Deadlines:
ABA INTERNATIONAL COMMITTEE HOME PAGESWe invite you to visit all of our Committee home pages — not only will you find highly relevant and valuable information relating to your field, you will also find updated leadership rosters. Recently updated Committee home pages include: International Antitrust Law Committee
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Section of International Law/ABA Annual Meeting
Negotiating and Structuring International Commercial Transactions, Second Edition
Careers in International Law, Third Edition