Welcome
to the Section
Update, a monthly
electronic newsletter
bringing
you the latest on Section
of International Law activities.
If
you haven’t
done so
already,
there is
still time
to register
for ABA
International’s
programs
and networking
events at
the upcoming
ABA Annual
Meeting
in Honolulu,
Hawaii August
4-6. With
over 400
international
members
already
registered
and the
opportunity
to earn
up to 18
CLE credits
through
a broad
array of
Section
programs
offered
over just
three days,
the Section’s
part of
this year’s
Annual Meeting
will be
our largest
to date.
Complete
schedule
and registration
information
can be found
on the Section
website
at: http://www.abanet.org/intlaw/annual06/home.html.
House
of Delegates
- Policy
Initiatives
While
in Honolulu,
you may
also want
to visit
the meeting
of the ABA
House of
Delegates
on Monday,
August 7
and Tuesday,
August 8
at the Convention
Center.
At this
meeting,
the House
of Delegates
will consider
three important
Section
policy initiatives.
Hague
Convention
on Choice
of Court
Agreements
This
resolution
urges the
U.S. government
to promptly
sign, ratify
and implement
the Hague
Convention
on Choice
of Court
Agreements,
which was
concluded
in 2005
after almost
thirteen
years of
negotiations.
From a U.S.
standpoint,
the Convention
is the product
of efforts
to find
a means
for private
parties
to enforce
foreign
judgments
outside
of the U.S.
without
re-litigation
and to “level
the playing
field” for
U.S. litigants.
From a U.S.
perspective,
the Convention
is focused
directly
on the exporting
of U.S.
judgments,
making them
more enforceable
cross borders.
The Convention
would enforce
forum selection
clauses
and resulting
judgments,
much as
the New
York Convention
does with
arbitration
clauses
and subsequent
arbitral
awards.
The Hague
Convention
has the
potential
to offer
increased
certainty
for consensual
commercial
transactions.
In a survey
of practitioners
conducted
by our Section
in Fall
2003, over
98% of respondents
indicated
that a convention
on choice
of court
agreements
would be
useful for
their practice,
and over
70% indicated
that a convention
would make
them “more
willing
to designate
litigation
instead
of arbitration” in
their contracts.
In addition,
a significant
number of
lawyers
and businesses
have indicated
to the State
Department
the need
in transnational
transactions
for enforceable
choice of
court agreements
and the
judgments
resulting
from these
agreements. Report
and recommendation.
Global
Migration
This
resolution
supports
multinational
cooperation
and consultation
in the formulation
of national
laws and
policies
relating
to migration
and urges
the U.S.
government
to enter
into regional
and international
discussions
and agreements
governing
the flow
of workers.
Migration
is defined
as the movement
of persons
from one
country
to another.
Migration
recently
has been
a major
subject
of discussion
at meetings
of the International
Labor Organization
(ILO) and
the World
Trade Organization
(WTO) in
Geneva and
elsewhere
around the
globe. Remarkably,
except for
the United
Nations
High Commissioner
for Refugees
(UNHCR)
that handles
refugees
and asylum
seekers,
there is
no UN agency
responsible
for the
subject
of migration.
The UN Secretary-General,
Kofi Annan,
recognizing
that migration
is high
on the global
agenda,
and seeing
the gap
in the UN
system,
encouraged
a thorough
discussion
of the subject.
The recommendation
does not
propose
to question
the right
of any nation
to control
its borders
and immigration
policy,
but urges
that governments
focus on
economic
factors
that cause
workers
to seek
to move
from areas
of low opportunity
to areas
of greater
prospects
and to seek
to address the
root causes
of migration
in a bilateral
and multilateral
way. The
recommendation
is co-sponsored
by the ABA
Standing
Committee
on Immigration. Report
and recommendation.
On
a related
note, Ellen
Yost, Co-Chair
of the Section’s
UN and International
Institutions
Coordinating
Committee
and a former
Chair of
the Section’s
Immigration
and Naturalization
Committee,
has been
invited
to participate
in the UN
hearings
on migration
on July
12 in New
York. The
hearings
are being
held to
develop
input to
the ECOSOC
High Level
Dialogue
on Migration
and Development
in September.
Registration
and Practice
before
the U.S.
Patent
and Trademark
Office
This
resolution
urges the
U.S. Patent
and Trademark
Office (USPTO)
to permit
the registration
and continued
qualification
to practice
before the
USPTO of
any attorney-at-law
who (1)
demonstrates
the necessary
scientific,
technical,
character,
language,
and professional
qualifications,
and (2)
passes the
USPTO examination
for registration,
without
regard to
the applicant’s
citizenship,
country
of residence,
or visa
status of
resident
aliens.
The resolution
does not
alter USPTO
rules respecting
requirements
for reciprocal
recognition
of rights
for U.S.
citizens
to be admitted
or to practice
before the
patent office
of an applicant’s
country
of citizenship
or residency.
The resolution
is co-sponsored
by the Section
of Intellectual
Property. Report
and recommendation.
Section
Council
Meeting
For
those of
you who
don’t
tire of
policy disucssions,
there are
three items
of potentially
great interest
tentatively
scheduled
to be discussed
at the Honolulu
meeting
of ABA International’s
Council,
the Seciton’s
highest
policy making
body. The
issues include
a report
from the
special
Section
task force
on developing
a new legal
paradigm
for combatting
international
terrorism,
a report
from another
special
task force
on nuclear
non-proliferation
that will
discuss
the India-US
agreement,
and a recommendation
relating
to potential
changes
to the Exon-Florio
law dealing
with foreign
investments
in the United
States.
The Council
meets on
Friday,
August 4,
from 11:30am-2pm
at the Hilton
Hawaiian
Village
Beach Resort:
Coral Ballroom
V, Mid-Pacific
Conference
Center.
ABA
At-Large
Delegate
Election
Those
of you
attending
the Annual
Meeting
should
be sure
to vote
in this
year's
election
for At-Large
Delegates
to the
ABA House
of Delegates. One
of the
candidates
for the
at-large
delegate
position
is our
own Bill
Hannay,
a former
Chair
of ABA
International,
who has
served
the Section
well for
the past
six years
as one
of our
two Section
Delegates
to the
House
of Delegates. Bill is
unable
to continue
as a Section
Delegate
due to
the term
limits
we adopted
as part
of our
leadership
reforms
several
years
ago. Bill
has been
an active
and effective
member
of the
House
of Delegates. Having
Bill serving
as an
at-large
delegate
in the
House
will greatly
benefit
the Association. Bill
is an
accomplished
international
lawyer
and an
authority
on many
aspects
of both
public
and private
international
law which
confront
the House
of Delegates
with increasing
frequency. Bill has
been a
skilled
and forceful
presenter
before
the House
on such
issues such
as the
International
Criminal
Court
and human
rights. Bill
is well
known
and well
regarded
in the
ABA and
in international,
foreign
and local
bar associations. The
Section
will benefit
immeasurably
from Bill's
election. Bill
will work
closely
with the
Section's
delegates
on all
issues
of importance
to the
Section. Moreover,
Bill recognizes
the crucial
role played
by Sections
in the
substantive
work of
the ABA,
and will
support
increased
recognition
of that
role in
future
Association
decision
making.
Only
registrants
for the
annual
meeting
are permitted
to vote,
and the
voting
must be
done in
person. Please
take a
moment
to vote
when you
pick up
your name
badge
and registration
material
at the
Annual
Meeting. The
voting
booth
will be
located
next to
the Registration
center
in Kamehameha
III, ground
level,
at the
Hawaii
Convention
Center. Under
the ABA’s
election
rules,
you must
vote for
exactly
six candidates,
no more
and no
less. Otherwise,
your ballot
will not
be counted. The
Section
leadership urges you
to cast
one of
your six
votes
for Bill
Hannay.
Maui
Leadership
Retreat
Immediately
preceding
the Annual
Meeting,
we will
be welcoming
many of
our Section
and committee
leaders
at our leadership
planning
retreat
in Maui.
The retreat
starts with
a reception
the evening
of Tuesday,
August 1,
and continues
with half
day (morning)
working
sessions
on August
2 and 3,
leaving
plenty of
time to
enjoy Maui,
one of the
world’s
most popular
vacation
spots. We
will be
developing
plans to
implement
our new three-year
strategic
plan at
the retreat
, and providing
an orientation
that will
be of great
assistance
for our
Section
and committee
leaders.
The format
will provide
for interactive
discussions
between
committee
leaders
and Section
leaders,
with a focus
on helping
our committees
provide
more value
to our members
and our
Section
leaders
provide
more assistance
to committee
leaders.
The retreat
is a must
for all
who hold
or aspire
to Section
and Committee
leadership
positions.
Both
the Honolulu
Annual Meeting
and the
Maui Leadership
Retreat
are intended
to be family
friendly.
Many of
our leaders
have already
arranged
to bring
their families
to Honolulu
and Maui.
We invite
your family
to join
us as well!
I
look forward
to seeing
many of
you in Paradise!
Michael
H. Byowitz,
Section
Chair
NEW
TASK FORCE
ON INTERNATIONAL
ELECTIONS
STANDARDS
FORMING
ABA
International
has been asked
to participate
in a project
on International
Elections
Standards
with several
other entities
within the
ABA. I
have appointed
Jan Baran,
a partner
with Wiley,
Rein & Fielding
who has extensive
experience
in international
election monitoring, to
Chair a Task
Force on International
Election Standards. Members
of ABA International
with pertinent
experience
who are interested
in serving
on this Task
Force should
email to Leanne
Pfautz a statement
of your interest
and background
immediately. The
Task Force
will be limited
to 10 members
and it will
be up and
running shortly,
so please
let us know
of your interest
by June 30.
From
the Section’s
UN and International
Institutions
Coordinating
Committee: There
is a possible
crisis in the
United Nations
looming. In
May, the General
Assembly broke
its long standing
tradition of
consensus decision-making
on budget issues
and adopted
a resolution
that put management
reforms proposed
by the Secretary-General
and backed by
the U.S. on
indefinite hold. This
action is significant
because in December
of 2005, the
General Assembly,
as a result
of U.S. pressure
for UN reform,
approved its
biennial budget
but only authorized
$950 million
to be spent
- enough for
only six months
(which expires
June 30th). If
this crisis
is not resolved,
the U.S. could
face a situation
where it is
out voted in
the General
Assembly on
extending budget
authority which
could provoke
actions in Congress
to withhold
U.S. dues to
the UN. The
UN Foundation
has launched
a major campaign "Don’t
Shut Down the
UN" in
connection with
this imminent
crisis (www.dontshutdowntheUN.org)
which calls
on world leaders
to take steps
towards a compromise
to allow the
UN to continue
its work without
disruption.
We will keep
you posted on
developments
in this area,
and on any ABA
efforts.
ABA
International
continued
its policy
advocacy
efforts
in the international
antitrust
arena by
sending
comments
this past
month on:
- the European
Union’s
green
paper
on potential
private
remedies
for
antitrust
violations,
and
- the European
Union’s
proposal
to clarify
the
application
of EU
Article
82 (prohibiting
abuse
of dominance)
to exclusionary
conduct.
At
its June
meeting,
the ABA
Board of
Governors
approved
a number
of proposals
that were
of importance
to our Section.
Among other
things,
the Board
approved:
The
Section’s
recommendation to elect Ken Reisenfeld,
Immediate Past Section Chair,
as the ABA representative to the
International Bar Association
(IBA), to serve a three-year term
to begin at the conclusion of
the IBA’s
Annual Conference in Chicago,
Illinois in September 2006. In
that capacity, Ken will be taking
the position previously held by
former ABA President Jerry Shestack
(who was awarded – with
the Section’s
strong support - the ABA Medal).
ABA
International’s
recommendation that Tim Brightbill
be elected as the ABA representative
to the Industry Trade Advisory
Committee on Services and Financial
Industries (ITAC). The ITAC
serves as a private industry
trade advisor to the U.S. Government
and assists U.S. trade negotiators
in developing U.S. policies
and strategies for the promotion
of U.S. interests in bilateral,
regional and multilateral trade
negotiations.
The
request of ABA President-Elect
Mathis to expand the Association’s
Center for Rule of Law Initiatives
to include the Chair of the
Section or her/his designee
. The Center for Rule of Law
Initiatives includes membership
from the ABA’s
regional councils – Africa,
Asia, Central Europe and Eurasia,
and Latin America.
The
request of the Center for Rule
of Law Initiatives and the Section
for ABA membership in the International
Group for Anti-Corruption Coordination
(IGAC), an informal body dedicated
to strengthening coordination
and collaboration in international
anti-corruption technical assistance.
Although the IGAC is not an
official UN body, IGAC was convened
by the United Nations Office
on Drugs and Crime for the purpose
of information sharing and provides
a platform for the exchange
of views, experiences and best
practices on anti-corruption
activities, including support
for the implementation of the
UN Convention Against Corruption. |
|
ABA
INTERNATIONAL
READING |
All
ABA International
Members should have
received by now
your copy of the
2005 Year in Review,
the annual edition
of our journal, The
International Lawyer,
that summarizes
important developments
in international
law and practice.
This year’s
edition has been
published on time,
and includes contributions
from 28 of the Section’s
committees. It is
an extremely useful
reference source,
and one that you
will continue to
use. Special thanks
to Peter Winship,
Louise Ellen Teitz,
the student editors
at Southern Methodist
University Law School
and ABA Publishing – as
well as our contributing
committee chairs
and editors – for
an excellent Year-in-Review
issue.
Congratulations
to Lisa Savitt and
Melissa Pierre,
authors, for the
selection of their
recent International
Law News article
on “Personal
Jurisdiction and
the Foreign Defendent” to
be included in the
September 2006 issue
of Best of ABA
Sections, a
special issue of
the General Practice,
Solo and Small Firm
Division’s
magazine, GPSolo.
Who
will win the World
Cup in 2006?
Click
here to
answer
| Results
from
May
question: |
| |
| Top
Five Travel
Destinations: |
| |
|
| |
1.
Prague,
Czech
Republic |
| |
2.
Ireland |
| |
3.
Galapagos |
| |
4.
United
Kingdom |
| |
5.
Honolulu,
HI, USA |
|
|
The
new
and
improved
International
Law
website
will
be
launched
later
this
week!
Check
back
frequently
as
the
new
site
will
include
streamlined
navigation,
updated
content,
and
overall
improved
usability.
Our
homepage
will
remain
at
the same
location,
but
much
of
the
rest
of
the
site
will
have
moved.
Please
be
sure
to
update
all
your
bookmarks.
Featured
Newsletters
The International
Commercial Dispute Resolution
Committee released
its spring edition of the “International
Arbitration News” newsletter,
which is a practical and constructive
tool for lawyers interested in
current developments within dispute
commercial dispute resolution.
This issue features articles on
the development of bilateral investment
treaties, the arbitrability of
U.S. anti-trust claims and much
more. 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:
Latin
American & Caribbean
Committee
International
Health Law
Committee
International
Human
Rights
Committee
International
Trade
Committee
International
Accounting
Standards
Subcommittee
Committee
Programs This Past Month.
The activities set
forth below occurred
during the past
month, and in each
case, prior notice
had been provided
to committee members:
The
Customs Law Committee,
the International
Trade Committee and Export
Controls & Economic
Sanctions Committee hosted
a brown bag discussion on the
exportation of agricultural products
to Cuba under the Trade Sanctions
Reform Act. Ernesto Plasencia,
First Secretary of the Cuban Interests
Section lead the discussion. The
event took place on June 12, at
the Law Offices of Sidley Austin,
LLP, Washington, DC.
The
International Environmental Law
Committee & the
ABA Standing Committee on Environmental
Law co-sponsored the 34th National
Spring Conference on the Environment
on June 9, at the University of
Maryland School of Law, Baltimore,
MD. Ecosystems, infrastructure
and the environment were the topics
of discussion.
The
International Antitrust Law Committee & the
International Committee of the
ABA Section of Antitrust Law co-sponsored
a brown bag lunch program on June
1st at the Law Offices of Mintz,
Levin, Cohn, Ferris, Glovsky and
Popeo in Washington, DC. The International
Competition Network working group
leaders discussed the progress
made at the fifth annual conference
and their upcoming work programs.
Speakers included: Scott
Hammond, Deputy
Assistant Attorney General, US
Department of Justice , Edward
Henneberry, Heller
Ehrman; Former Director of the
Mergers Division, IrishCompetition
Authority , Gerald
Masoudi, Deputy
Assistant Attorney General, US
Department of Justice,
Maria Coppola Tineo,
US Federal Trade Commission , Randolph
Tritell, Assistant
Director for International Antitrust,
US Federal Trade Commission, & Blanca
Rodriguez-Galindo, Head
of DG COMP International Relations,
European Commission as moderator.
Upcoming
Committee Programs
Young
Lawyers Interest Network will
host a tri-cities happy hour/networking
event in Washington, DC, Philadelphia,
PA & New
York, NY. The DC
happy hour/networking event will
take place at Zaytinya (www.zaytinya.com)
on Wednesday, June 28th at 6:30pm.
The Philadelphia happy hour/networking
event will take place at Barristers
Bar (www.barristersbar.com)
on Thursday, June 29th at 6:30pm.
NYC happy hour/networking event
will take place at Barna Restaurant
(www.barnarestaurant.com)
rooftop bar located in the Giraffe
Hotel on Thursday, June 29th at
7:30pm. For
more information or to learn more
about upcoming happy hours and
activities please visit the YIN
website. (http://www.abanet.org/dch/committee.cfm?com=IC600001)
The
Law Student, LL.M & New
Lawyer Outreach Committee will
host a special “Pathways
to Employment in International
Law” program
for this year’s
participants in the International
Law Institute’s Introduction
to Legal English program.
This program is tentatively scheduled
for the second week in July. For
more information about upcoming
Outreach committee activities
please visit the outreach committee
website. (http://www.abanet.org/dch/committee.cfm?com=IC635002)
|
CALENDAR
OF UPCOMING ABA INTERNATIONAL
EVENTS |
August
1-3, 2006
ABA
International Leadership
Retreat – Maui,
Hawaii
ABA
International's leadership
retreat is a must attend
for Section
and committee leaders
and those who aspire to
those positions. Participate
in interactive sessions
with top Section and Committee
leaders that will assure
continued improvements
in ABA International's
ability to serve its members. Influence
critical decision-making
on how best to achieve
the goals established
in the Section's new Strategic
Plan. And
do it on one of the most
desirable vacation spots
in the world, with working
sessions limited to the
mornings and social events
in the evening, leaving
the afternoon free for
sun and fun. Many
registrants are bringing
their entire families,
including kids ranging
in age from 10-21. June
29th is the final deadline
to reserve a room at the
Hyatt Regency Resort & Spa. Take
advantage of the ABA rate
of $280 per night and
call today - 808.661.1234!
To register for the Leadership
Retreat click
here.
 August
4-6, 2006
ABA/Section
Annual Meeting – Honolulu,
Hawaii
The Annual Meeting will
be family-friendly with
no programs or events
scheduled in the afternoons
so 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 new Honolulu
Convention Center, where
our CLE programs will
be presented. 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! Housing
and Registration deadline
expires Thursday, June
29th!
To
register,
click here.
Sponsorship
Opportunities
are available
starting
at the
meeting
supporter
level
of $2,000.00.
If you
are interested
in sponsoring
at the
Annual
Meeting
please
contact
Jessica
Elliot
by email
at Elliotj@staff.abanet.org.
October
5, 2006
Live
from the SEC The
Section of International
Law, in conjunction with
the U.S. Securities and
Exchange Commission, is
pleased to announce, the
seventh consecutive year,
the highly successful
broadcast live from the
SEC headquarters in Washington,,
DC to law office in London,
New York and other venues
around the world. CLE
and CPD accreditation
have been requested. For
further information on
this teleconference visit
the section website at www.abanet.org/intlaw.
November
8-11,
2006
Fall
Meeting – The
Biltmore Hotel, Miami,
FL
SAVE
THE DATE! We
encourage you to
take advantage of
this unique opportunity
to meet with international
practitioners (both
in-house and outside
counsel), academicians,
and government officials
from Europe, North
America and around
the world, and to
network with members
of the Section,
Latin American and
the Caribbean.
WHY
ATTEND?
- Earn
an entire
year’s
worth
of CLE
in just
3 days!
- Keep
up to
date on
issues
important
to your
practice
by hearing
from experts
who can
provide
insights
into recent
and anticipated
developments
of International
Law.
- Discuss
the latest
legal,
ethical
and international
issues
with your
contemporaries
such as
international
practitioners,
EU and
other
government
officials,
in-house
counsel
and academics
from around
the world.
- Take
advantage
of five
special
tracks
of programs
on key
issues
of particular
appeal
to your
practice
and interest
areas: Business
Law, Corporate
Counsel,
Customs/Trade,
Dispute
Resolution/Litigation,
or Public
International
Law. Each
of these
tracks
has a
substantial
number
of programs
throughout
the meeting.
Development
of the Fall
Meeting
website
is underway. To
visit the
2006 Fall
meeting
website click
here. In
the next
couple of
weeks we
will be
uploading
the registration
form and
hotel information.
Be sure
to register
early and
take advantage
of our discounted
rates!
Sponsorship
Opportunities are
going
quickly!
Don’t
miss the
opportunity
to have
your firm
recognized
in the
Fall Meeting
brochure
which
is sent
to over
25,000
attorneys. The
deadline
to have
your firm’s
name listed
in the
brochure
is Tuesday,
July 11. Click
here to
view the
available
sponsor
opportunities!
May
2-5, 2007
Spring
Meeting – Fairmont
Hotel, Washington, DC
The
Co-Chairs for the
2007 Spring Meeting
are planning to
surpass the unparalleled
success of the 2006
Spring Meeting.
Save the dates now
and watch for details
on this conference
early next year.
Upcoming
Co-Sponsored
Programs
AIJA (the
international
young lawyer
association)
is hosting
a conference
in Chicago
from July
13-15, 2006 on “Cross
Border Loans
and Documentation.” This
seminar
is co-sponsored
by ABA International
and is structured
to provide
valuable
lessons
on a wide
range of
topics that
are fundamental
to a successful
cross-border
commercial
loan transaction.
AIJA is
proud to
present
a highly
skilled
group of
bankers,
in-house
counsel,
tax attorneys,
litigators
and commercial
lending
attorneys
as speakers.
They will
bring to
the seminar
a breadth
of experience
and talent
that is
sure to
make the
seminar
interesting
and worthwhile.
All participants
will be
invited
to join
and contribute
to the goal
of gaining
valuable
knowledge
and useful
insights.
The seminar
will be CLE credited.
For more
information
and to register
for this
upcoming
program
please visit
the following
website: http://www.abanet.org/intlaw/meet/aija_chicago_july06.pdf .
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