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Commission on Immigration Pro Bono Immigration Projects: Volunteer Advocates for Immigrant Justice (VAIJ), Immigration Justice Project (IJP), South Texas Pro Bono Asylum Representation Project (ProBAR)

Ongoing through 2007-2008

The Commission directs the Association’s efforts to ensure fair treatment and full due process rights for immigrants and refugees within the United States. We also provide direct assistance to foreign-born adults and children through our pro bono immigration projects in Texas, Washington, and California. Much of this work involves international issues, including refugee, migration, and visa policies, human trafficking, workers’ rights, international human rights standards, repatriation, and adoption. In November of 2007, Commission Director Irena Lieberman lead a session on the trafficking of women and girls at a US/Russia Joint Conference on the Rule of Law in St. Petersburg.

Commission on Immigration

Rule of Law Initiative, Standing Committee on Federal Judicial Improvements, Section of Litigation, Standing Committee on Pro Bono and Public Service, Judicial Division

Globalization of Diversity Summit

December 5-7,. 2007

This Summit, convened in conjunction with the Law Society of England and Wales and the General Council of the Bar of England and Wales, brought together representatives from multinational corporations and law firms to discuss ways to advance diversity efforts in the legal profession globally and to understand the unique challenges that multinational organizations encounter in their global diversity endeavors.

Commission on Racial and Ethnic Diversity in the Profession

Franchise Regulation in China

Early 2008

Teleseminar.

Forum on Franchising

Center for CLE

International Teaching Opportunities for Senior Lawyers

February 28, 2008

90 minute audio-conference describing various pro bono teaching opportunities such as the Commercial Law Education Program which is done in cooperation with the South Africa Black Lawyers Association

Senior Lawyers Division

International Law Section

Jury Trials and the Mystery of Art Theft

May 9-10, 2008

CLE on Comparison of Various Legal Systems

Section of Litigation

Section of Criminal Justice

Recent Changes and Trends in International Franchise Laws

The regulation of franchising grows every year as new countries introduce or amend their franchise laws. This round-up session will summarize the most significant international franchise developments in the past three years, including new legislation, recent cases of significance, potential new legislation and international trends. The panel will discuss the recent adoption of franchise sales laws in Belgium, Sweden, and Viet Nam, while reviewing significant changes to the franchise laws in Australia, and Indonesia.

Forum on Franchising

Franchising in Emerging Markets

This presentation will look at the hottest international markets that franchisors are currently entering into, including China, India, Russia and Brazil. The presenters will discuss issues unique to these countries faced by franchisors. Although these countries may present franchisors with great opportunity, the legal issues to be overcome in breaking into and operating in these markets are great. For example, China and India arguably have the biggest growth potential but finding the right local partner can cause problems as does the payment of fees in US Dollars. Russia has vicarious liability laws that affect franchisors and must be addressed prior to beginning operations. Operational issues like these must also be addressed in India and Brazil.

Forum on Franchising

Determining the Rules of Engagement in Litigation Here and Abroad

October 16, 2008

In last year’s Annual Developments program, it was reported that the subject most likely to be addressed in a reported decision in a franchise case is some aspect of the “rules of engagement:” the initial procedural decisions regarding personal and subject matter jurisdiction, venue and transfer, and what law applies. Therefore, if you are a franchise litigator, you probably spend a great deal of your time and energy addressing these issues. Moreover, these procedural skirmishes can lead to early settlement of a case, either because there is a ruling that the case will proceed in a venue that is considered inhospitable or because the state law found to apply is considered unfavorable to one party or the other. This program will provide an overview of the current domestic and international law on these issues as they are presented in franchise litigation, discuss the extent to which these issues can be controlled by contractual provisions in franchise agreements, and identify areas that remain hotly contested.

Forum on Franchising

Conference on Sustainable Communities

June 1, 2009

Compare emergence in the U.S. of state, county and local efforts to foster sustainability in the absence of significant federal initiatives programs or guidance with traditions and enterprises, chiefly found in Europe, through both federal action and aggressive non-federal initiatives employing environmental, planning and other laws and regulations to ensure sustainability of communities.

Standing Committee on Environmental Law

Section of Environment, Energy, and Resources, Section of Admin Law, Section of Business Law, Section of International Law, Section of Real Property, Trust and Estates Law

ABA Center for Pro Bono

Ongoing

An online guide for lawyers interested in volunteer opportunities in international pro bono.

Standing Committee on Pro Bono and Public Service

ABA Center for Pro Bono

Ongoing

Technical support to pro bono initiatives in a variety of regions, countries and delivery models.

Standing Committee on Pro Bono and Public Service

Rule of Law Initiative

ABA Center for Pro Bono

Ongoing

Education and technical and policy support for international bar associations.

Standing Committee on Pro Bono and Public Service

ABA Center for Pro Bono

Ongoing

Technical support for international pro bono initiatives of other ABA entities

Standing Committee on Pro Bono and Public Service

ABA Rule of Law Initiative

Environment and the Rule of Law

Ongoing

Follow-up on 2006-07 White Paper and policy resolution addressing connections between environmental issues and the rule of law.

Standing Committee on Environmental Law

ABA YLD International Committee

Ongoing

The committee works independently of and with the ABA Section of International Law in developing programming of interest to ABA members with an international practice. This committee has prepared international practice 101 articles for the ABA YLD's member service project and focuses on providing a member benefit to ABA members and associate memberts who have an international practice.

Young Lawyers Division

Section of International Law

ABA YLD Conference Outside of U.S.

May 3 - 5, 2007

The ABA YLD held its first national conference outside of the U.S.. The conference was a joint conference in Montreal with the Young Bar of Montreal. It drew almost 500 registrants. This included approximately 200 Canadian and European young lawyer registrants, including representatives from Italy, Germany, the United Kingdom and Ireland.

Young Lawyers Division

EYBA (European Young Bar Association), YBAM (Young Bar Association of Montreal), Jeune Barreau de Quebec

Developing a Harmonized International Framework for Electronic Transfer of Title in Goods and Electronic Negotiable Instruments

June 1, 2007

Section members participated in the development of a U.S. paper for the recent UNCITRAL Plenary session (June 2007) recommending that UNCITRAL’s Working Group on Electronic Commerce undertake a project on developing a harmonized international framework for electronic transfer of title in goods and electronic negotiable instruments.

Section of Science & Technology Law

United Nations - UNCITRAL

Consumer Protection in Cross-Border Transactions

Ongoing

Members of the Section have also been involved in preparatory work for an upcoming OAS Diplomatic Conference. The specific projects on which work is being done include use of electronic registries in cross-border secured transactions as well as a major project on consumer protection in cross-border transactions.

Section of Science & Technology Law

Organization of American States (OAS)

Liaison with the Council of Bars and Law Societies of Europe (CCBE)

Ongoing

The Section has established a relationship with the Council of Bars and Law Societies of Europe (CCBE). In both 2006 and 2007 the Section met with representatives from the CCBE and began the process of cooperation and joint projects between the two groups. The Section Chair also addressed the CCBE annual meeting in Portugal in June, 2006.

Section of Science & Technology Law

Council of Bars and Law Societies of Europe

Single Window Project

Ongoing

This project addresses efforts by countries around the world to create what are called “Single Window facilities” that are designed to make the processes surrounding the import and export operations more simple and efficient as related to the electronic data submission. Establishing a Single Window is a complex process, requiring, among other measures, a thorough review of the established practices governing the flow of trade-related information and the wide range of legal issues surrounding this. It entails changes and clarifications to the data exchange process and, hence, to the existing laws and regulations. Creating legally enabling conditions for an International Trade Single Window constitutes, therefore, one of the main challenges for the countries establishing such a facility and/or seeking to exchange information with foreign Single Windows. A member of the Section is chair of the Legal Group’s Single Window for International Trade Project.

Section of Science & Technology Law

United Nations Economic Commission for Europe (UNECE), World Customs Organization

Unified Business Agreements and Contracts

Ongoing

The Unified Business Agreements and Contracts project is an effort to create standards for automating contracting process utilizing electronic means. The UBAC project intends to develop a foundation for creating and monitoring e-Business commercial relationships capable of being legally enforceable in a manner acceptable to nation states with different legal, social and economic systems through a common understanding of the potential legal implications of commitments, expectations and transactions; both business and technical.

Section of Science & Technology Law

United Nations Economic Commission for Europe (UNECE)

United Nations Commission on International Trade Law (UNCITRAL)

Ongoing

The Section is actively participating on the U.S., ABA, and World Bank Delegations to the United Nations Commission on International Trade Law (UNCITRAL). Members are attending a high-level UNCITRAL Experts Group Meeting in Vienna to discuss issues related to cross-border authentication and e-signatures in anticipation of UNCITRAL considering future work in this area.

Section of Science & Technology Law

United Nations - UNCITRAL

United Nations - CEFACT Legal Working Group

Ongoing

UN/CEFACT is a United Nations body aimed at facilitating international trade and electronic business. It does so by creating standards, technical specifications, recommendations and other tools that help support the three pillars that are vital in the development of world trade, viz. process, information, and technology. UN/CEFACT operates under the United Nations Economic Commission for Europe (UNECE).

Section of Science & Technology Law

United Nations Economic Commission for Europe (UNECE)

Use of Electronic Registries in Cross-Border Secured Transactions

Ongoing

Members of the Section have also been involved in preparatory work for an upcoming OAS Diplomatic Conference. The specific projects on which work is being done include use of electronic registries in cross-border secured transactions as well as a major project on consumer protection in cross-border transactions.

Section of Science & Technology Law

Organization of American States (OAS)

Three International Affiliates

Ongoing

These affiliates are included in communications that go to the YLD's 250 state, local and specialty young lawyer affiliates. These international leaders of these organizations have developed close relationships with ABA YLD leaders, allowing for shared information and engaging dialogue among the groups. The European Young Bar Association (EYBA), the Young Bar of Montreal (YBAM), and the Jeune Barreau de Quebec have attended past YLD conferences.

Young Lawyers Division

EYBA (European Young Bar Association), YBAM (Young Bar Association of Montreal), Jeune Barreau de Quebec

Attendance at International Young Lawyer Conferences

Ongoing

ABA YLD has sent a representative to a limited number of international young lawyer conferences for over four decades The ABA YLD has historically sent one representative to major international young lawyer events including: Opening of the Courts in Montreal and Quebec City in September, Opening of the Courts in London in September, the Annual General Meeting of the European Young Bar Association in May and the International Association of Young Lawyers (AIJA) Annual Congress, which is held in August.

Young Lawyers Division

The courts of Montreal, the courts of Quebec City, the courts of London, EYBA, AIJA.

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