In This Issue

Membership
Pathways to Employment in International Law Program

Policy
Section Policy Comments

Upcoming Section Programs
Increasing Access to Justice Through Class Actions: A Conference for Litigators & Policy Makers
Capital Markets in the 21st Century
2013 Spring Meeting - Registration Open!

Committees
Upcoming Committee Programs
Join a Committee!
Commitee Homepages

Publications
International Law News
The International Lawyer
Global Business Immigration Practice Guide from LexisNexis

Rule of Law Activities
New Section Task Force on Legal Empowerment of the Poor
International Models Project on Women’s Rights Task Force
Partnership with the World Bank’s Global Forum on Law, Justice and Development
Law, Justice and Development Week 2012
Doing Business Report 2013
Program Support Fund
J-1 Visas for Visiting International Lawyers
International Human Rights Lawyer Award

Barton Legum

Dear Colleagues:

October has been an extraordinary month for the Section of International Law.  It began with our thirteenth annual “Live from the SEC” program, this year focused on important developments in U.S. securities laws, especially Dodd-Frank, that will impact foreign issuers and international markets for years to come.  A truly amazing Fall Meeting followed "Live" this year.  It offered everything our members have come to expect from the Section’s seasonal meetings – 60 world class programs on cutting-edge legal issues; networking with colleagues from over 40 countries in an open and friendly atmosphere; and opportunities to help shape the policy agenda of the American Bar Association – but this time with the addition of an Oceanside venue … and fine weather, along with spectacular receptions at the beautiful Moore Building located in Miami’s Design District and the New World Symphony and our second young lawyers brunch, which like New York, was a sold-out event and was an excellent demonstration of the enthusiasm and commitment of our young lawyers to the Section.  I heard again and again from first-time attendees that the meeting far exceeded their expectations in the warmth and friendliness of the reception they received and the quality of the programs.

My thanks to the extraordinary efforts of our Meeting Co-Chairs – Marcelo Bombau, Cristina Cardenas, Lelia Mooney, and Joe Raia, who gave us all a 2012 Fall Meeting experience to remember. 

Thanks, too, to the terrific support provided by the Inter-American Bar Association, AIJA and an exceptionally engaged steering group, which included Gretchen Bellamy, Gabrielle Buckley, Madeleine Giansanti Cag, Jennifer Diaz, Adam Farlow, Jennifer Hilsabeck, Peter Quinter, Steven Richman, Marcos Rios, Sara Sandford, Lisa Savitt and Marcy Stras and to Ausra Deluard for organizing the young lawyers brunch.

November promises to be just as active with a stand-alone programs in Brussels (November 12-13 on collective redress and a joint program with the Law Society of England and Wales (November 29) in London on capital markets.   Links for registration for these two great programs are provided below. 

A special note to our members impacted by Hurricane Sandy.  Our thoughts are with you.  If we can be of any assistance, please don’t hesitate to contact us.

Bart Legum
Chair


MEMBERSHIP

Pathways to Employment in International Law Programs
The 2012-2013 Pathways to Employment in International Law program kicked off in September.  If you are interested in speaking at the November program in Phoenix or scheduling a program at your school please contact Membership Director Angela Benson at angela.benson@americanbar.org

  • Fordham University School of Law/International Law Weekend – October 12, 2012
  • The Hague University of Applied Sciences – October 29, 2012
  • Seattle University School of Law – October 30, 2012
  • Phoenix School of Law – November 4, 2012
  • The University of Cincinnati College of Law – Spring 2013
  • Boston University School of Law – Spring 2013

POLICY

The Section submitted joint comments with the Section of Antitrust Law on the United Kingdom’s Competition Commission’s Draft "Guidelines for Market Investigations" for Public Consultation and with the Section of Antitrust Law and the Section of Intellectual Property Law on SAIC’s Draft Guide on  Anti-Monopoly Law Enforcement in the Field of Intellectual Property Rights.  These blanket authority comments can be found on the Section’s policy page.


UPCOMING SECTION PROGRAMS

Brussels, Belgium, November 12-13, 2012 “Increasing Access to Justice Through E.U. Class Actions: A Conference for Litigators & Policy Makers” presented by the International Human Rights Committee. The event will be held at the European Parliament. More information and registration can be found at http://www.ambar.org/brussels2012

London, United Kingdom, November 29, 2012 “Capital Markets in the 21st Century” For more information and to register, visit http://www.ambar.org/london2012.

REGISTRATION IS NOW OPEN! The 2013 Spring Meeting will be in Washington, DC, April 23-27, 2013 at the Hyatt Regency Washington on Capitol Hill. For more information and to register, please visit: http://www.ambar.org/ilspring2013


COMMITTEES

Upcoming Committee Programs
Registration for the following Committee programs will be available on the Section website under the Events and CLE tab. To submit a non-CLE program proposal, please click here.

Cartel Enforcement in Smaller Jurisdictions -- Issues and Challenges, November 6, 2012
A non-CLE teleconference presented by the Antitrust Committee in cooperation with the Canadian Bar Association

Anatomy of an M&A Deal – Session Five – The Acquisition Agreement, November 7, 2012
The fifth session of a seven part non-CLE teleconference series presented by the International M&A and Joint Ventures Committee

OFAC Facilitation: Know It When You See It? , November 8, 2012
A non-CLE teleconference presented by the Export Controls and Economic Sanctions Committee

FATCA 6038D-Year End Planning & Tax Complianc, November 14, 2012
A non-CLE teleconference presented by the International Tax Committee

Series on FATCA #2 – Transfer Pricing in Mexico, Traps for the Unwary and the Non-Tax Professional, November 28, 2012
A non-CLE teleconference presented by the International Tax Committee

Perspectives on Canada's New Copyright Laws: Bill C-11 and the Canadian Supreme Court's Copyright Pentalogy, December 5, 2012
A non-CLE teleconference presented by the International Intellectual Property Rights Committee

Anatomy of an M&A Deal – Session Six – Differences Between Public and Private Acquisitions, January 16, 2013
The sixth session of a seven part non-CLE teleconference series presented by the International M&A and Joint Ventures Committee

Tax Treaties & Exchange of Information Agreements – Impact on Cross-Border Commerce, February 6, 2013
A non-CLE teleconference presented by the International Tax Committee

Anatomy of an M&A Deal – Session Seven – Closing Logistics, February 20, 2013
The final session of a seven part non-CLE teleconference series presented by the International M&A Joint Venture Committee

Increased Audit & Enforcement: Impact on Your Clients, May 21, 2013
A non-CLE teleconference presented by the International Tax Committee

Join a Committee!
Membership in our committees is free, and it is never too early to get involved and start making contacts. Join a committee today!


PUBLICATIONS

International Law News

On Tuesday, October 23, the Section of International Law inaugurated a new service for our members: an electronic copy of International Law News (ILN), e-mailed to all members. Both individual articles and a full-issue PDF of ILN, therefore, will now be available instantaneously to any SIL member with e-mail access in any part of the world. We believe you will find this new option useful and a welcome addition to your SIL member benefits!

Spring Issue Deadline: December 10, 2012
Theme: Diversity Challenges of the Modern World

International Law News (ILN) publishes high-quality submissions on topics in our field. ILN editors are especially interested in articles related to each issue’s theme.

Submissions must follow the “ILN Author Guidelines” to be considered. The guidelines are posted here. For guidance or to submit an article, please contact ILN@americanbar.org or Managing Editor Lisa Comforty at lisa.comforty@americanbar.org.

Ideas for future themes and articles are welcome.

The International Lawyer
The 2011 Year in Review is now online. To view a copy of your Committee’s submission to the YIR or the publication in its entirety, please click here.

Global Business Immigration Practice Guide from LexisNexis
Special Offer - 20% discount for Section members through September 30th, 2012!

LexisNexis and the Alliance of Business Immigration Lawyers (ABIL) have just published “Global Business Immigration Practice Guide,” a one-stop resource for dealing with questions related to business immigration issues in immigration hotspots around the world. Written and edited by a global team of expert attorney members of ABIL, this new guide provides an overview of the immigration law requirements and procedures for over twenty countries, with practical information and tips for obtaining visas, work permits, resident status, naturalization, and other nonimmigrant and immigrant pathways to conducting business, investing, and working in those countries. This guide is ideal for human resources professionals and in-house attorneys who need to instruct, understand, and liaise with immigration lawyers licensed in other countries, as well as for business immigration attorneys who regularly work with multinational corporations and their employees and HR professionals on global mobility issues. This publication can be purchased in the U.S. by calling 800-223-1940 or online at the LexisNexis Store. For orders outside the U.S., please email nicole.hahn@lexisnexis.com or call 518-487-3004.


RULE OF LAW ACTIVITIES

New Section Task Force on Legal Empowerment of the Poor
The Section of International Law, long concerned about global justice and the rule of law, is launching an important new initiative focused on the alleviation of poverty. It will build on the work of the High Level Commission on Legal Empowerment of the Poor, established in 2005 and hosted by the UN Development Programme, which explored links between exclusion, poverty and the law. In 2008, the Commission issued its groundbreaking report, concluding that “no longer can it be argued that poverty is natural or inevitable.” Calling for a new approach based on the rule of law, the Commission found that, “[i]n the 21st century, legal empowerment of the four billion excluded [poor] is the key to unlocking vital energies needed to end poverty and build a more stable and peaceful world.”

Since the issuance of the Commission's report, support by its co-chair, Madeleine Albright and fellow commissioner, U.S. Supreme Court Justice Anthony Kennedy, much has been written on the subject and various efforts have been initiated around the globe focusing on the Commission’s four pillars: access to justice; property rights; labor rights; and business rights. Access to justice: Legal empowerment is impossible when, de jure or de facto, poor people are denied access to a well-functioning justice system. Property rights: ownership of property, alone or in association with others, is a human right, which poor people are often denied. Labor rights: the labor and human capital of the poor must be effectively recognized. Business rights: the poor are entitled to rights, not only when working for others, but also in developing their own businesses.

However, much more is needed and can be done. The Section recognizes that as a leading volunteer organization of lawyers worldwide, it can and should play a meaningful role in Legal Empowerment of the Poor. To kick-start that effort, the Section has created a new Task Force that will use the report of the High Commission as a foundation to explore how the principles espoused in the report might be implemented and institutionalized. It will do so by reaching out to other legal and non-legal organizations engaged in this work, exploring ideas for specific programs and for creating sustainable and continuous projects designed to address the problems of poverty by strengthening the legal rights of those most affected.

If you would like to get involved in this exciting and important intersection of law, human rights and economic development, please contact Jacqueline Gichinga (introl@americanbar.org) to indicate your interest.

International Models Project on Women’s Rights Task Force
The International Models Project on Women’s Rights (IMPOWR) is a web-based collaborative database, organized under the auspices of the ABA, to leverage legal resources worldwide to empower the global community with information on effective reform and enforcement efforts on laws affecting women’s rights. It promises to play a unique role in supporting the worldwide implementation of the principles underlying the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

IMPOWR recently launched a new Social Media Committee and is looking for experienced individuals with specific interest in enhancing the mission of IMPOWR through social media. Specifically, the IMPOWR Social Media Committee needs volunteers with foreign language skills to provide translation assistance. Also, IMPOWR’s virtual journal, IMPOWR Imprints, is accepting submissions – this is a great opportunity to get your work published while also contributing to the promotion of women’s rights and gender equality around the world. Or just take a few moments to read and respond to our recent Forum posts that discuss topics ranging from research tools to current events, or post your own discussion. There are numbers other ways to get involved with IMPOWR, including contributing to the Research Database itself or developing IMPOWR programming. If you are interested in volunteering with IMPOWR in any of the aforementioned ways, please fill out the IMPOWR Volunteer Form at http://ambar.org/impowr. To find out more about IMPOWR, visit www.impowr.org or email IMPOWR@americanbar.org.

Partnership with the World Bank’s Global Forum on Law, Justice and Development
The Global Forum on Law, Justice and Development (GFLJD) aims to facilitate the identification, discussion, production and sharing of innovative and customized legal and institutional tools to address global, regional or national development challenges. The Forum seeks to (i) promote a better understanding of the role of law and justice in the development process, through structured South-South and North-South dialogues among relevant stakeholders, and a research agenda that will facilitate and support the co-generation of knowledge; (ii) strengthen and better integrate legal and judicial institutions in the development process, through the carrying out of relevant  capacity building initiatives; and (iii) provide access to an open repository of knowledge. The GFLJD will set measurable, sustainable goals for itself in these areas, and evaluate its progress.

The Section is an Intellectual Partner, providing in-kind contributions on a number of thematic topics. The topics will be coordinated through thematic working groups (TWGs) exploring these overarching themes:

  • Justice Reform/Rule of Law Reform;
  • Law and the Economy, previously called Private Sector Development andFinance;
  • Environmental Law & Natural Resources;
  • Governance and Anti-Corruption (GAC); and
  • Empowerment and Equity for Diverse Communities, previously called Inclusion and Equity for Vulnerable Groups.

If you are interested in contributing to any of these abovementioned themes or working groups, please contact us at introl@americanbar.org. For more information on GFLJD, please go to http://ambar.org/globalforum.

Law, Justice and Development Week 2012
Opportunity, Inclusion and Equity: Responding to the Challenges of Our Time
December 10 – 14, 2012, Washington, DC

Registration:

American Bar Association Member
If you are an American Bar Association member, please contact Jacqueline Gichinga to register at a discounted rate.

Students
Students can register at the discounted rate of US$150.

Objective:

Law, Justice and Development (LJD) Week 2012 will explore the potentially transformative role of effective law and legal institutions in providing people with more opportunity that is both inclusive of underserved populations and equitable.

To explore this theme, LJD Week 2012 will bring together World Bank Group staff, senior officials from other international financial institutions, international development practitioners, government officials, lawyers, judges, scholars and representatives from civil society.  LJD Week 2012 will be a World Bank Group-wide event co-organized by the World Bank’s Legal Vice Presidency, IFC and MIGA Legal Departments, and ICSID. In addition, the formal launch of the Global Forum on Law, Justice and Development and dedicated sessions led by its TWGs will take place during the week. 

Doing Business Report 2013
The Section and International Legal Resource Center (ILRC) were invited by the Doing Business project at the World Bank and IFC to contribute to the 2013 edition of the global Doing Business report.  Doing Business researches business laws and regulations in over 183 countries. The results of the research are presented in an annual report, considered one of the most high-profile publications (over 5 million hits a year) produced by the World Bank Group.  Doing Business relies on pro-bono contributions of legal professionals to update the data annually; accordingly, Doing Business looked to expand their network of legal contributors by reaching out to members of the Section and the ILRC to participate in research surveys for this project.  Participationenables contributors to utilize their firm’s expertise to improve business regulations in their own economy and worldwide. Over 200 members of ABA International and the ILRC provided contributions.  Acknowledgements are written on pages 217-270 of the report.

The Doing Business 2013 report was launched on October 22, 2012.  The report marks the 10th edition of the Doing Business series. Over the past decade, these reports have recorded nearly 2,000 regulatory reforms implemented by 180 economies. The reforms have yielded major benefits for local entrepreneurs across the globe. For example:

  • Since 2005, the average time to start a business has fallen from 50 days to 30—and in low-income economies the average has been reduced by half.
  • In the past eight years, the average time to transfer property fell by 35 days, from 90 to 55, and the average cost by 1.2 percentage points—from 7.1 percent of the property value to 5.9 percent.
  • In the past eight years, improvements to simplify tax compliance have reduced the time required annually to comply with the three major taxes measured (profit, labor, and consumption taxes) by 54 hours on average.
  • In the past year alone, 108 economies implemented 201 regulatory reforms that made it easier for local entrepreneurs to do business.
  • Singapore topped the global ranking on the ease of doing business for the seventh consecutive year. Joining it on the list of the top 10 economies with the most business-friendly regulation were Hong Kong SAR, China; New Zealand; the United States; Denmark; Norway; the United Kingdom; the Republic of Korea; Georgia; and Australia.  Topping the list of economies that registered the biggest improvements in the ease of doing business over the last year were Poland, Sri Lanka, Ukraine, Uzbekistan, Burundi, Costa Rica, Mongolia, Greece, Serbia, and Kazakhstan.

Program Support Fund
The Section’s Rule of Law Activities are supported by the Section Support Fund under the ABA Fund for Justice and Education, a 501(c)(3) charitable organization (donate online). The Section Support Fund is used for activities to further ABA Goal IV: “to advance the Rule of Law.” ABA International actively contributes to furthering Goal IV. The Section undertook its first overseas project in 1986 and, in the more than twenty years since, ABA International has implemented numerous short- and long-term legal capacity building projects around the world. The Section’s Rule of Law Officer, Isabella Bunn oversees ABA International’s activities in coordination with Section staff.

J-1 Visas for Visiting International Lawyers
As a U.S. government designated sponsor, the ABA Section of International Law’s International Legal Exchange Training Program (“ILEX”) certifies international lawyers’ eligibility for exchange visitor status under the J-1 visa. International attorneys with a training offer from a U.S. law firm or legal office can apply for the J-1 visa through ABA International’s ILEX program. Trainees must complete the ILEX application, which is then processed electronically through the U.S. Department of State. To learn more about the program, click here.

International Human Rights Lawyer Award
The Section seeks to advance human rights and the rule of law in a variety of ways. One is through the Section’s International Human Rights Lawyer Award, an important opportunity for us to recognize foreign lawyers who have suffered persecution as a result of their professional activities in the defense of human rights. We welcome your help in identifying candidates for the Award. Further information is available here or by contacting Award Committee Chair Penny Wakefield at pwwakefield@comcast.net. Please submit nominations no later than November 16, 2012.