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Welcome to the Section Update, a monthly electronic newsletter bringing
you the latest on Section of International Law activities.
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There
are a large number of activities
to report on, so please read all
the way through this newsletter
or you’ll miss some great
events. The big news, of course,
is the upcoming 2006 Spring Meeting
at the Waldorf= Astoria in New York
from April 5-8.
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Brochures
for the Spring Meeting are on
their way, if you haven’t
already received yours.
It’s time to sign up for
ABA International’s largest
conference of the year, one in
which we’ve pulled out all
the stops. Register before March
10th to take advantage
of early bird discounts, as well
as the newly instituted group
discounts ( available to five
or more registrants from law firms
with more than 50 lawyers, and
to two or more registrants from
all other law firms, corporate
law departments, academic institutions
and government organizations).
Make hotel arrangements now as
well because the Waldorf will
be sold out shortly. Indeed, information
regarding alternative hotel options
we’ve arranged will be circulated
later this week.
You
won’t want to miss what
will be a spectacular meeting. We
are expecting more than 1,200 participants
from around the world including
practitioners, corporate counsel,
academics, and officials from US
government and international institutions.
Close to 60 firms have already agreed
to sponsor the meeting.
Registrants
may earn up to 24 CLE credits
by attending the three
full days of programming, with
more than 70 CLE programs in seven
major program tracks that
will appeal to practitioners in
nearly every possible international
practice area: Public International
Law, Customs/Trade Law, Litigation/Dispute
Resolution, Regulatory, Transaction,
a separate Corporate Counsel track,
and a track devoted to Law Practice
issues. If held as standalone conferences,
each of our program tracks would
be among the most substantive meetings
of the year for these practice areas.
Breaking News: Our
trade track will be graced by the
first ever appearance of the
entire WTO Appellate Body at
our first trade program on Wednesday
morning (April 5). This is a must
attend for trade lawyers.
Special Events include:
- an opening
wine tasting and International Reception
at the newly-restored Starlight Roof of
The Waldorf=Astoria;
- a featured
address by Keynote Speaker Jane Goodall,
the world famous researcher on chimpanzees
who will talk about the important of sustainable
development and preservation of habitat;
- a special
evening program on the Lessons of 9/11
for the fight against international terrorism
with former U.S. Attorney General Richard
Thornburg, former Illinois Governor (and
9/11 Commission member) James Thompson
(both confirmed), and Senator Joseph Biden,
Jr. (invited) to be held at the
Association of the Bar of the City of New
York followed by a reception also at the
City Bar;
- closing
Consular Reception at New York
University which will coincide
with the beginning of NYU’s
LLM reunion weekend, and
- three luncheons
with prominent speakers including Judge
Thomas Buergenthal, recently re-elected
by the U.N. General Assembly as the U.S.
Judge on the International Court of Justice,
who will receive the Louis B. Sohn Award
for Public International Law at our luncheon
on Thursday, April 6; radio/TV personality
Charles Osgood, who will address us at
the luncheon on Friday, April 7; and an
equally prominent speaker (TBA) for the
luncheon on Wednesday, April 5.
- throughout
the Spring Meeting, ABA International will
present several awards to outstanding leaders
in the international legal community including
Aaron Schildhaus, Judge Thomas Buergenthal,
and Soraya Guiterrez. Read more to learn
about their achievements.
During the
Tuesday night Women’s
Interest Network Reception, ABA
International will present its Mayre
Rasmussen Award for the Advancement
of Women in International Law
to Aaron Schildhaus. Aaron will be the
first male recipient of this award which
is given 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
positions from which they were excluded
historically, or advanced opportunities
for women in international law.
Aaron
Schildhaus is a long-time ABA
International member and leader
who has consistently promoted the advancement
of women in international law careers and
in our Section’s activities
and leadership. Aaron is a longstanding member
and supporter of the Section's Women’s
Interest Network, attending many of its meetings
and supporting its programs and activities
over the years. During the time he served
as Chair of Law Student Outreach for the
Section’s Membership Committee, Aaron
innovated the popular “Pathways to
Employment in International Law” program
through which he helped encourage law students
and young lawyers of both genders to develop
careers in international law. Aaron was always
assured the inclusion of established women
lawyers on Pathways panels, and frequently
facilitated direct networking between female
students and established female Section members
to provide strong role models to younger
female lawyers and law students. In his role
as Chair of our 2003 Spring Meeting, Aaron
was inclusive of women on the planning committee
and sought to ensure strong participation
by women on program panels. The Section leadership
believes that Aaron stands out – among
many supportive male leaders – as a
model for the critical role that
men can and should play in the advancement
of women in international law.
Our keynote
speaker for the Thursday luncheon,
Judge Thomas Buergenthal, is this year’s
recipient of the Section’s Louis B.
Sohn Award for Public International
Law. The award is presented to individuals
who have made distinguished, long-standing
contributions to the field of public
international law.
Judge
Buergenthal has been the American
judge on the International Court
of Justice (ICJ) since March 2000. The
most famous case on which he sat was the
ICJ’s advisory
ruling, given in July 2004 at the request
of the UN General Assembly, regarding Israel’s
security fence in the West Bank. He was the
long dissenter in a ruling stating that the
fence was illegal under international law.
The ruling argued that "that the construction
of the wall…could well become permanent,
in which case . . . it would be tantamount
to de facto annexation.” Mr. Buergenthal
argued that the court had ignored Israel’s
right to self defense. Prior to
his work at the ICJ, Mr. Buergenthal
was the Lobingier Professor of Comparative
Law and Jurisprudence at the George
Washington University Law School from 1989-2000.
He also served in various capacities,
including President, on the Inter-American
Court of Human Rights, from 1979-1991
At the Council
Meeting on Saturday morning, the
Section will present it’s International
Human Rights Award to Soraya Gutierrez
Arguello, President of the Jose
Alvear Restrepo Lawyers Collective
in Columbia.
Soraya
Gutierrez Arguello has been a
human rights defender for 13 years.
She has been working with the Lawyers Collective “Jose
Alvear Restrepo“ (CCAJAR) since 1993,
and has been president of the organization
since 2003. The CCAJAR is a non-governmental
organization, founded in 1980, with its headquarters
in Bogotá. Its primary mission is
the promotion and defense of human rights
and fundamental liberties, both individual
and collective, and the application of justice
in cases of the violation of those rights
and liberties. It is committed to search
for truth, justice and reparations, and as
such combating impunity, by means of legal
and political work at the national and international
level. Soraya Gutiérrez has held various
positions within the organization. Since
1999, she has been the director of the reparations
program, where she has defended social movement
leaders and activists who have been subject
to harassing criminal proceedings for attempting
to vindicate civil and human rights. She
has also represented victims of human rights
violations before penal, administrative and
other tribunals to obtain justice and reparations
for individuals and affected communities.
In many of these cases, members of the army
and police, or individuals that act with
their consent, have been involved in the
violation of human rights. For example, she
has represented the victims of several massacres
conducted by paramilitary groups, such as
the massacre committed by the "La Sarna" paramilitary
bloc on December 1, 2001 in Cintas de Sogamoso
Boyacá, where 15 civilians were murdered.
Other cases include the Alaska massacre,
where 24 people in countryside of Buga Valle
were killed by paramilitaries on October
10, 2001; and the massacres of Caloto-Cauca
and Mapiripán Meta. She has also participated
in several ground-breaking investigations,
including Ceder mas terrible que la muerte
1986-1996, (To Give Up is More Terrible Than
Death), One Decade of Violence in the Department
of Meta, 1998; Youth violence and patterns
of aggression against the young in the poor
areas of Cali, Paramilitaries and the Dirty
War in Colombia 1992 and other national and
international events focused on the subjects
of human rights and the fight against impunity.
She has further developed important projects
in defense of the rights of women. From the
beginning of 1990s, members of the CCAJAR
have been subjected to continuous death threats
and aggression from public security forces,
members of internal security, and individuals
that act with the support, assent, tolerance
and the protection of public agents and officials,
who seek to intimidate the organization and
put an end to its important work. For example,
on May 13, 2005, Soraya Gutierrez received
a package at her house that contained a decapitated
doll that was further disfigured and burned
and with red paint on the body simulating
blood. The doll was accompanied by a hand-written
note that said "you have a very pretty
family, take care of it - don’t sacrifice
it". This act was preceded by numerous,
threatening telephone calls. Despite
the existence of a legal framework
that is meant to protect and promote
the work of lawyers in Colombia, more than
26 lawyers were assassinated in 2004 alone.
The data, gathered from diverse
organizations, have been presented before
national and international bodies such as
the Inter-American Commission of Human rights
to shine light on the repression and criminalization
of defense lawyers and human rights defenders
in Colombia.
I encourage
you to visit the Spring
Meeting website and register today
or for more information, call the Section
office at 202-662-1660.
My colleagues
in the Section leadership and I look forward
to greeting you in New York.
Michael H. Byowitz,
Section Chair
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Council
Meeting. ABA International’s
Council met on Thursday, February 9in
Washington, DC to take up many important
matters. The Council approved co-sponsorship
of a series of immigration policy recommendations
from the ABA Commission on Immigration.
Approved by the ABA House of Delegates
on Monday, February 13, these recommendations
are now official ABA policy. The Section’s
recommendation for a uniform act allowing
unsworn declarations under penalty of
perjury overseas was also approved by
the ABA House of Delegates. The National
Conference of Uniform State Laws is
already working on developing such a
uniform law.
American
Bar Association President Mike Greco
recently appointed a Task Force to draft
a recommendation on domestic surveillance
in the fight against terrorism. ABA
International’s
Chair-Elect Deborah Enix-Ross and former
Section Chair Jim Silkenat participated
in the Task Force. After lively debate,
ABA International approved co-sponsorship
of the recommendation [insert link]
which was approved by the American Bar
Association House of Delegates.
The Council
received a report from the Co-Chairs
of ABA International’s
Task Force on the Alien Tort Claims Act.
The Task Force will continue its efforts
to reach a consensus position paper over
the coming months for Council review at
the Spring Meeting in April.
ABA International’s Working Group
on the Attorney Client Privilege presented
it’s chapter on the international
aspects of the privilege.
We owe thanks to Bart Legum and Kate Birmingham
Wilmore particularly for spearheading and
doing the heavy lifting on the drafting
of this chapter. Thanks also to Working
Group members Jim Roselle, Ed Krauland,
Ramon
Mullerat, Glenn Hendrix, Tanya Southerland, Robert
Brown, Sara Sandford, Amy Sommers, Ying White,
Alan Gutterman, Rick Silberstein, Bruce Bean and
Hans-Juergen Hellwig.
NEW National Security
Tasks Forces Hold Start-Up Meetings. The
Section’s new Task Force on National
Security-Terrorism, chaired by Will Taft (former
Legal Advisor to the U.S. State Department)
and ABA International’s Government
Affairs/Policy Officer John Magnus,
held its first meeting last week to
map out strategy and goals. The Task
Force will work on developing a new
legal paradigm for combating acts of
international terrorism which will move
beyond the law enforcement paradigm
used before 9/11 and the aggressive
war paradigm used since then. Our new Task Force on Nuclear Nonproliferation
is chaired by ABA International Council
member Jonathan Granoff and former U.S.
Ambassador Thomas Graham. Task Force members
include Ambassador Robert Grey, former
Section Chair William Hannay, Stuart Deming,
Professor David Koplow, Elizabeth Rindskopf
Parker, Daniel Poneman and Suzanne Spaulding. For
more information on either Task
Force and updates on activity,
please contact the Section’s
International Projects Associate Christina
Heid at heidc@staff.abanet.org.
Administration
Committee. ABA
International ’s Administration
Committee also met in DC on February
9. Highlights of the meeting included
a report by Membership Officer Gabrielle
Buckley that our membership is up
to 14,354, well on the way to our
goal of 15,000 members shortly;
a report by Publications Officer
Salli Swartz that our book program
is doing very well with two more
out this spring; an update from
the Nominating Committee (which
nominates the Section’s
officers for next year); a report
from Technology Officer Mike Burke
that all draft committee Year-in-Review
articles have been posted to committee
websites; approval
of the selection committee’s
recommendation to present the first
Francis Shattuck Security and Peace
Award to former U.S. Senator George
Mitchell at a special program on
April 18 th in New York;
a request by the Trade Committee
to begin an oral history project
and an update on the Section’s
International Membership Outreach
project. Strategic Planning. ABA
International leadership held a
strategic planning review session last
week to discuss potential changes to
the Section’s
strategic plan. Adopted three years
ago, the strategic plan has been our
guiding document in moving the Section
forward in many positive ways. Proposed
revisions to the strategic plan will
be considered at the Administration
Committee meeting to be held at the
Spring Meeting in New York.
| ABA
INTERNATIONAL READING |
| A
Must Read for International
Litigators! International
Litigation Strategies
and Practice focusing
on the strategy and practice
of international litigation.
Twenty-three seasoned
contributors offer their
firsthand insights to
make this volume an essential
resource for practitioners
involved in any international
litigation. |
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Part
One discusses the essentials,
including finding the
right lawyer for the
job overseas, communicating
with foreign clients
and lawyers, understanding
the differences and
similarities between
civil law and common
law systems, avoiding
ethics traps, and introducing
the U.S. legal system
to your foreign clients.
Part Two addresses the strategic decisions and
practice tools necessary to successfully initiate,
defend, and conclude a transnational case. Issues
covered include international mediation, selection
of forum, provisional measures, defense strategies,
anti-suit injunctions, obtaining evidence abroad,
and enforcing foreign judgments in the U.S.
Part Three covers special problems and tribunals.
This material introduces you to specialized
international fora and problems so that you
can assess whether they merit further evaluation.
Twenty-three seasoned contributors offer their
firsthand insights to make this volume an essential
resource for practitioners involved in any international
litigation.
International Litigation Strategies and Practice is
the fifth title in the International Practitioner's
Deskbook Series, which is comprised of practical
guides to subject matters frequently encountered
by international practitioners.
To learn more about other Section publications, click
here.
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Committee
Participation at 2006 Spring Meeting. There
will be seventy-two programs sponsored
by our substantive committees
at the Spring Meeting this April.
In addition to the full agenda,
a separate listing of these cutting
edge programs is available on
the committee websites.
2006 International Internship
Program. The 2006
International Internship Program
is now available online with 45+
internship listings from over
20 countries and more coming in
every day! The program is intended
to facilitate the establishment
of legal internships for U.S.
law students interested in the
practice of international law
with overseas law firms. To learn
more about this program, please
visit http://www.abanet.org/intlaw/intlinternship.html.
If you are a lawyer member living
outside of the United States who
wishes to host an intern this
summer, please fill out the enrollment
form online at http://www.abanet.org/intlaw/internshipform.html.
Upcoming Activities
For
detailed information on the following
events, please click on the committee
name to access the committee’s
online calendar.
February
22, 2006, 12:00 p.m. – 2:00
p.m.
Anti-Corruption
Initiatives & Compliance
Issues Committee will host a
brown-bag lunch and teleconference
titled “Effective
Anti-Bribery Compliance Strategies
for the Pharmaceutical Industry” Powell
Goldstein LLP, Washington, DC
February
23, 2006, 12:00 p.m. – 5:00
p.m.
International
Trade Committee is co-sponsoring
a winter luncheon and seminar
titled ““What
You Need to Know About Trade Adjustment
Assistance Cases – From All
Sides.”
Willard Inter-Continental,
Washington, DC
February 23, 1:00 p.m.
- 2:30 p.m.
China Committee will
host a brown bag lunch and teleconference
discussion on the current environment
for mergers & acquisitions
in China
ABA Offices,
Washington, DC
February
24, 8:00 a.m. – 9:00
a.m.
International Trade
Committee will host a Breakfast
at the Bar with Dr. Eva Nowtny,
Austrian Ambassador to the United
States.
ABA Offices,
Washington, DC
February
28, 6;30 p.m. – 8:00
p.m.
International
Trade Committee will host
a wine and cheese reception followed
by a program titled “The
Great Divide, US-Canadian Perspectives
on the Softwood Lumber Dispute .”
ABA Offices,
Washington, DC
February
28, 6:30 p.m. – 8:00
p.m.
Young Lawyers Interest Network will
host a happy hour at Zola Bar & Grill,
located in the Historic Ledroit
Building.
Zola Bar & Grill,
Washington, DC
February
28, 12:00 p.m. – 1:00
p.m.
International Procurement
Committee is hosting a Luncheon
with guest speaker Jay Fraude,
General Counsel of the Defense
Security
Powell
Goldstein, Washington, DC
March
9, 12:15 p.m. – 1:15
p.m.
International Environmental
Law Committee will co-sponsor
a program titled “Our National
Ocean Policy: Past, Present and
a Blueprint for the Future’ featuring Dr.
Frank Muller-Karger, Director,
Institute for Marine Remote Sensing – University
of South Florida.
Stetson University
College of Law, Gulfport, Florida Committee programs this
past month..
Anti-Corruption
Initiatives & Compliance Issues
Committee hosted a brown
bag lunch program titled “ Anti-Bribery
Compliance Challenges and Corporate "Best
Practices" in the Aerospace
and Defense Industry” on January
26.
Law Student, LL.M., and New Lawyer
Outreach Committee and the Foreign
Legal Consultants Committee hosted
the fourth annual New York International
Lawyers Forum at New York University
for participants of the International
Student Interview Program hosted
by New York University School of
Law and the Overseas-Trained LL.M.
Student Interview Program organized
by Columbia University School of
Law. Over 300 participants attended
a Pathways to Employment in International
Law program, a CLE program titled “ US/EU
Privacy Laws – Complying with
Multiple and Potentially Conflicting
Standards,” and a closing
networking reception, at a room
at NYU School of Law with incredible
views of New York City.
Law
Student, LL.M., and New Lawyer
Outreach Committee hosted Pathways
to Employment in International Law
programs at both the ABA mid year
meeting in Chicago on February 10
and at Vanderbilt University School
of Law on February 17. The Outreach
Committee also participated in the WCL
Connects program on February
1 at the campus of American University,
Washington College of Law.
In
addition, Committee Vice Chair
Ian Meyeroff represented the Committee
as a panelist during the ABA Sections
Officers Conference program titled “Networking
for Success” at Howard University
School of Law on February 15.
Export
Controls & Economic
Sanctions Committee along with
the Customs Law Committee co-sponsored
a Brown Bag Lunch Program titled “ICE
Enforcement of U.S. Export Control
Laws” with Stephen J. Bogni,
Acting Chief, Arms and Strategic
Technology Investigations, Immigration
and Customs Enforcement (ICE) on
February 3.
Featured Newsletters.
Commercial
Transactions Franchising & Distribution launched
its Inaugural newsletter, which
focuses on issues relevant to
those who deal with commercial
cross-border matters. This first
edition includes articles on main
issues that affect foreign franchisors
in three jurisdictions: Belgium,
Italy and the United States. Read
more...
Other
noteworthy recently published
committee newsletters include
the following, which can be located
in the “Newsletters and Publications” section
on the committee websites:
International Criminal Law
International
Health Law
New Year in Review Submissions
The International
Litigation and
NGO & Not-for-Profit
Organizations Committees have
posted their 2005 Year in Review “draft” chapters
on their websites. Both chapters
are included in the upcoming Year
in Review edition of The
International Lawyer.
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March 9, 2006
CLE Teleconference- Privacy
and Data Protection in an Age of Heightened
Security
In this 90-minute teleconference the
panelists will describe the impending "perfect
storm" in the information security
environment, identify trends contributing
to its formation, and review the emerging
legal requirements that create data governance
obligations for Directors
April
5-8, 2006
2006 Spring Meeting |
|
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Join
us for ABA International’s
biggest event of the year. If you
are going to attend only one Section
meeting, this is it. For more information, click
here, and to
make reservations click
here.
The Waldorf=
Astoria, New York, NY |
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May
23, 2006
CLE Teleconference- Update on Hague
Service Convention
More Information to come, please check
the Section website at a later date.
And Now Is the Time to Make Your Plans for the 2006 Annual Meeting in Hawaii!
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The Annual Meeting will
have a distinct Asian flavor with many programs of mutual interest
to U.S. lawyers and the many Asian lawyers who are expected to attend.
ABA International is planning on offering a strong slate of CLE
programming, an international reception at the Army Museum of Hawaii
on Friday evening, August 4, a dinner at The Royal Hawaiian Hotel
on Saturday night, August |
5, and a reception
on Sunday, August 6, at a location to be announced.
will be family-friendly with no programs or events scheduled in the afternoons
so that you may enjoy the many sights and activities available
on the beautiful island of Oahu. Bring the family or at least
your golf clubs, tennis racket, bathing suit and/or site seeing
accoutrements. We are staying at the Hilton Hawaiian Village,
a large hotel conveniently located at the end of Waikiki, and
close to the beautiful Honolulu Convention Center, where our CLE
programs will be presented. Be
sure to request the Ali’i
Tower, where ABA International
leadership and most members will
be staying, and register as soon
as possible since spaces in this
tower are limited. You
will also want to buy a CLE passport,
so you can attend all Section and
ABA programming. This is a meeting
you won’t
want to miss, so please register
now. Now is also the time to get great airfares.
Hilton Hawaiian Village, Honolulu,
HI
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