Miscellaneous

International Law Section Policy

Below is a list of international policies adopted by the ABA House of Delegates. Please be advised that members must follow the policy procedure and usage guidelines outlined in the American Bar Association’s Constitution and Bylaws, Rules of Procedure of the House of Delegates. The specific procedures are available on the policy homepage.

Miscellaneous

Regulatory Cooperation with Foreign Authorities. Regulatory Cooperation with Foreign Authorities. Urges federal agencies to pursue regulatory cooperation with relevant foreign authorities where appropriate and consistent with their legal authority, statutory mandates and regulatory missions. 8/12

Lawyers' Use of Technology and Confidentiality. Amends the black letter and Comments to Model Rules 1.0, 1.6 and 4.4, and the Comments to Model Rules 1.1 and 1.4 of the ABA Model Rules of Professional Conduct dated August 2012, to provide guidance regarding lawyers’ use of technology and confidentiality.

Lawyers' Use of Technology and Client Development. Amends the black letter and Comments to Model Rules 1.18 and 7.3, and the Comments to Model Rules 7.1, 7.2 and 5.5 of the ABA Model Rules of Professional Conduct dated August 2012, to provide guidance regarding lawyers’ use of technology and client development.

Outsourcing to Non-Lawyers. Amends the Comments to Model Rules 1.1, 5.3 and 5.5 of the ABA Model Rules of Professional Conduct dated August 2012, to provide guidance regarding the ethical implications of retaining lawyers and nonlawyers outside the firm to work on client matters (i.e. outsourcing).

Jurisdictional Admission. Adopts the Model Rule on Practice Pending Admission, and amends the black letter and Comment to Rule 5.5 of the ABA Model Rules of Professional Conduct, dated August 2012, to enable lawyers to practice in a new jurisdiction while the lawyer actively pursues admission through one of the procedures that the jurisdiction authorizes.

Admission By Motion. Amends the ABA Model Rule for Admission by Motion dated August 2012, to allow lawyers to qualify for admission by motion at an earlier point in their careers than the current Rule allows.

Conflicts of Interest. Amends the black letter and Comments to Model Rule 1.6, and the Comments to Model Rule 1.17 of the ABA Model Rules of Professional Conduct dated August 2012, to provide guidance regarding the detection of conflicts of interest when lawyers move from one firm to another, firms merge or there is a sale of a law practice.

Use of Foreign Law.   Opposes federal or state laws imposing blanket prohibitions on the consideration or use of foreign or international law or the entire body of law or doctrine of a particular religion. 8/11

Education of Judges for Financial Market Products and Practices.   Encourages education and training for judges in the United States and abroad, regarding financial market products and practices, and that judges be provided with accurate, timely, and reliable educational resources. 08/10

Uniform Unsworn Foreign Declarations Act.   Approves the Uniform Unsworn Foreign Declarations Act, promulgated by the National Conference of Commissioners on Uniform State Laws in 2008, as an appropriate Act for those states desiring to adopt the specific substantive law therein.  08/09

Uniform Unincorporated Nonprofit Association Act.   Approves the Revised Uniform Unincorporated Nonprofit Association Act (2008), promulgated by the National Conference of Commissioners on Uniform State Laws in 2008, as an appropriate Act for those states desiring to adopt the specific substantive law suggested therein.  08/09

Uniform Interstate Family Support Act.   Approves the 2008 Amendments to the Uniform Interstate Family Support Act, promulgated by the National Conference of Commissioners on Uniform State Laws in 2008, as an appropriate Act for those states desiring to adopt the specific substantive law suggested therein.  08/09

European Commission’s Position on In-House Attorney-Client Privilege. Requests that the Commission of the European Communities extend the attorney-client privilege to in-house counsel. 2/08

Cover Letter to the Commission of the European Communities. 12/07

Comments to the Commission of the European Communities in response to its request for public comment on the Draft EU Settlement Procedures. 12/07

Resale Price Maintenance .  Recommends that the Sherman Act, 15 U.S.C. §1, and comparable state and territorial laws should not be interpreted to apply a rule of per se illegality to agreements between a buyer and seller setting the price at which the buyer may resell goods or services purchased from the seller. 2/07

Goal IX Objectives .  Amends the Association’s Goal IX to include persons of differing sexual orientations and gender identities in promoting full and equal participation in the legal profession. 2/07

Unsworn Declarations . Urges the adoption by states and territories of a uniform law that would permit unsworn declarations under penalty of perjury to be executed by persons located outside the United States in lieu of affidavits, verifications, or other sworn documents, as is currently the federal practice under 28 U.S.C. §1746. 2/06

Consular Assistance. Urge U.S. law enforcement authorities to comply with the Vienna Convention by advising foreign nationals of Right to Consular Assistance. (98A125) 8/98

Foreign Aid. Support fundamental reform of the U.S. foreign assistance program which has among its central components foreign assistance to promote democratization, human rights, rule of law, and establishment of the legal infrastructure necessary for economic development that is environmentally sound. 2/94

Convention on the Succession to the Estates of Deceased Persons. Recommend that the SCEDP be signed by the Secretary of State and ratified by the Senate. 8/90

Foreign Agents Registration Act. Support, in principle, the continuation of the existing exclusion of lawyers from requirements of the Foreign Agents Registration Act of 1938; specifically, oppose adoption of Section (c) of S. 176 or its equivalent. 6/90

Immigration Policy. Oppose any numerical limitation which would reduce visa numbers from the non‑family related preference categories by the number of visas issued to immediate relatives of U.S. citizens. 2/89

Government Publications. Recommend that the U.S. Government take all steps necessary to bring up to date the publication of U.S. Treaties, and Digest of U.S. Practice in International Law. 2/89

Convention on the Law Applicable to Trusts. Recommend that Convention be signed and ratified by the United States. 8/86

Speaker Visas. Support amendments to U.S. Law regarding free exchange of information across American borders so that invited alien speakers will not be denied visas solely on the basis of past or current political beliefs or associations or because of anticipated consequences of the intended exchange of information; in addition, rights of Americans to gather information abroad should not be restricted because of past or current political beliefs or associations. 2/86

Free Speech and Press. Support free speech and press in international fora. Oppose international measures to license journalists and restrict/censor news sources. Support training in professional journalism and upgrading of communications networks. 2/82

Moon Treaty. Support U .S. ratification of the "Agreement Governing the Activities of States on the Moon and Other Celestial Bodies," subject to several qualifications. Urge that U.S. policy in the development of international law regarding activities in outer space be based on peaceful uses of outer space, the right of the U.S. to undertake national exploration and use of outer space, international cooperation, arms control constraints, protection of the environment of outer space, and safeguarding of life and health of persons in outer space. 2/82

U.N. Convention on Recovery Abroad of Maintenance. Support U.S. accession to the Convention. 8/80

Foreign Economic Boycotts. Support efforts by the U.S., on the basis of uniform national policy, to end boycotts imposed by foreign countries and impacting on U.S. citizens. Request the Department of State to examine further actions which could end secondary and extended (tertiary) boycotts by any nation. 8/78

Executive Agreements. Oppose legislation providing for a congressional veto of executive agreements in international affairs. Favor the addition of two amendments to the “Case Act.” 2/76

U.S. Treaty Obligations. Oppose legislation which implicitly requires the U.S. to denounce certain treaty obligations. Oppose the unilateral denunciation by the U.S., implicit in the Burke-Hartke Bill, of certain treaty obligations of the U.S., express doubt that the Bill is the appropriate method to revise other international obligations of the U.S. 2/73

Vienna Convention on the Law of Treaties. Support U.S. ratification of this convention without reservations. 7/71

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