In This Issue

Member News
Special Thanks: James Zimmerman
Young Lawyer Profile of the Month
Pathways to Employment in International Law Program
New Careers In International Book for Students and Young Lawyers!

Policy
Section Policy Comments

Upcoming Section Programs
Capital Markets in the 21st Century
The Arab Spring: Doing Business and the Rule of Law
2013 Spring Meeting - Registration Open!

Committees
Committee Spotlight of the Month – Export Controls & Economic Sanctions Committee
Congratulations to the Mexico Committee
Upcoming Committee Programs
Join a Committee!
Commitee Homepages

Publications
New Publications!
International Law News
New! 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

Barton Legum

Dear Colleagues:

This e-update is devoted to the heart of our Section:  the more than 60 committees that do the Section’s work on subjects ranging from Anti-Corruption to Human Rights to International Taxation, Islamic Finance and the United Nations and other international organizations.

You can join as many committees as you like for no additional cost – and no obligation.  Being a committee member keeps you informed of latest developments in a given field through newsletters, email discussions of breaking developments and practice issues and free non-CLE telephone conferences.  You can become an active committee member if you want to, but you don’t have to.

Please do consider joining multiple section committees.  You’ll read below the list of the very timely and topical committee programming on the schedule in the next month or so.  And see a variety of publications – all produced by our amazing committees.

As another example of how our committees offer members so much value are the Year-in-Review articles currently being submitted for the Section’s annual Year in Review  - this year for the first time a separate publication (still free to all Section members) from The International Lawyer.  Due to be released in spring 2013, this popular special edition will cover a broad spectrum of topics ranging from developments in aerospace and defense law to financial products, immigration, law of the sea, and private equity (our newest committee).  Many thanks go to our Vice-Chair, Marcelo Bombau, and our twelve Division Chairs for their diligence in encouraging our very busy members to draft these concise but essential articles.  If you would like to join one or more of the Section’s committees, contact Jonathan Lewis.  For more information on all our committees, visit our Committees tab on the Section website.

Happy Thanksgiving to all our US members!

Bart Legum
Chair


MEMBER NEWS

  • A special thanks to long time Section Member James Zimmerman for organizing and speaking on a series of CLE teleconferences this fall on “China 2012: Legal, Political, and Business Outlook for 2012 and Beyond.”  More than 100 people participated in the three-part series.

Hernán D. Camarero: Lawyer with Richards, Cardinal, Tützer, Zabala & ZaeffererYoung Lawyer Profile of the Month

Section member Joao Otavio Pinheiro Oliverio of DLA Piper LLP in New York City is actively engaged in recruiting students and young lawyers into the Section.  In addition to being a Deputy Membership Officer, Joao is Vice-Chair of the Latin America and Caribbean and Law Student, LL.M. and New Lawyer Outreach Committees.

Joao was an active participant at the Section’s Fall Meeting in Miami this past October, and spoke to students at Harvard Law School about membership in the Section and the practice of international law.  Joao also serves as a mentor to other young lawyers in the Section.  To reach Joao about any of the initiatives he is working on please e-mail him at joao.oliverio@dlapiper.com.

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

  • Phoenix School of Law – November 14, 2012
  • New York University School of Law International Interview Week – January 25, 2013
  • Marquette University Law School – Spring 2013
  • The University of Cincinnati College of Law – Spring 2013
  • Boston University School of Law – Spring 2013
  • The Hague University of Applied Sciences – Spring 2013
  • American University Washington College of Law – Spring 2013
  • International Law Student Association Spring Conference – Spring 2013
  • The University of Cincinnati College of Law – Spring 2013

New Careers In International Book for Students and Young Lawyers!
The 4th Edition of Careers in International Law was launched at the Fall Meeting in Miami.  This essential guide on how to strategically position yourself for an international legal career is an excellent resource for law students and young lawyers looking to develop  an internationally focused skill set and practice.

Author Salli Swartz of Artus Wise Partners was on hand at the Section’s membership booth to sign books and answer questions.  The first purchase of the day was made by former Section Chair Jeff Golden of the London School of Economics who will use the book as a resource and teaching tool for his students.

Salli can be reached at sswartz@artuswise.com if you have any questions about the book.  To purchase please click here

The price is $44.95 for law students and $64.95 for ABA members.


POLICY

On November 20, 2012, the Sections of Antitrust Law and International Law submitted joint comments regarding the Proposed Regulation of the European Parliament and of the European Council on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data.

On October 30, 2012, the Sections of International, Intellectual Property and Antitrust Law submitted joint comments on the SAIC’s Draft Guide on Anti-Monopoly Law Enforcement in the Field of Intellectual Property Rights.


UPCOMING SECTION PROGRAMS

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

Dallas, Texas, February 7, 2013 “The Arab Spring: Doing Business and the Rule of Law”. For more information and to register, visit: http://ambar.org/ILmidyear13

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

Committee Spotlight of the Month – Export Controls & Economic Sanctions Committee
The Export Controls & Economic Sanctions Committee sponsored a program titled: OFAC Facilitation: Know It When You See It?  The program was held on November 8, 2012 at Baker & McKenzie in their Washington D.C. office and approximately 100 people attended in-person and via teleconference.

If you are interested in hosting a committee program at your law firm or have ideas for a committee event please contact Committee Program Associate Jonathan Lewis at jonathan.lewis@americanbar.org.

Congratulations to the Mexico Committee
The Section would like to thank the Mexico Committee for its superb efforts in making the discussion between the ABA Board of Governors and the Barra Mexicana the great success that it was.  Thanks to excellent work of the Committee, the ABA's relationship with the Barra Mexicana has been strengthened, the leaders of both bars understand how dynamic our Mexico Committee is and the Section's profile with the Board has been raised considerably.  ABA President Laurel Bellows relayed glowing comments about the Section to the Board of Governors due to the efforts of the Committee.

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.

U.S. Trade Relations with Russia: Views from Capitol Hill, November 26, 2012
A non-CLE teleconference and in person event presented by the International Trade Committee

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, and cosponsored by the Customs Law Committee, the Mexico Committee, and the International Commercial Transactions, Franchising and Distribution Committee

Iranian Transactions and Sanctions Regulations, December 3, 2012
A non-CLE teleconference and in person event presented by the Export Controls & Economic Sanctions Committee

Financial Intelligence & Information Sharing (FIIS) Working GroupWinter Symposium, December 4, 2012
A non-CLE teleconference and in person event presented by the International Anti-Money Laundering 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 jointly presented by the International Intellectual Property Rights Committee and the Canada Committee

Recent Developments in CBP's Entry Process and Duty Refund Branch, December 6, 2012
A non-CLE teleconference and in person event presented by the Customs Law Committee

Responsibility to Protect: An Expert Look at Syria's Crisis, December 7, 2012
A non-CLE teleconference jointly presented by the International Human Rights Committee and the Middle East Committee

Explore a New Trend China and the EU Direct Investment, December 10, 2012
A non-CLE teleconference and in person event jointly presented by the China Committee and the Europe Committee

FDI in Multi-Brand Retail, December 12, 2012
A non-CLE teleconference presented by the India Committee

The 3rd Annual "Live from L", January 10, 2013
ABA Section of International Law  in cooperation with the American Society of International Law, the George Washington University School of Law, and The Office of the Legal Adviser, U.S. Department of State

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.  Join a Committee today - get involved and start making contacts! 


PUBLICATIONS

New Publications

The Section has 4 new books that were published in 2012!  For details on each publication including pricing please visit the Section book store.

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.

New! Global Business Immigration Practice Guide from LexisNexis
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
As a Section we have long participated in numerous initiatives to promote global justice and the rule of law.  Our latest effort is 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.