International Business Transactions, Investment & Private International Law

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.

International Business Transactions, Investment, Private International Law

UN Internet Governance Forum.  Urges the Secretary of State and the Assistant Secretary of Commerce/Administrator of the National Telecommunications and Information Administration to support a renewal of the mandate of the Internet Governance Forum of the United Nations to operate substantially in accordance with its current mandate. 08/09

International Commercial Arbitration.  Supports the use of commercial arbitration to resolve disputes involving international business transactions and supporting federal or state legislation or regulations that recognize and aid in the enforcement of international commercial arbitration agreements and awards.  08/09 

Imputation of Conflicts of Interest.  Amends Model Rule of Professional Conduct 1.10 (“Imputation of Conflicts of Interest: General Rule”) to permit the screening of a lawyer who moves laterally from one private law firm to another, so that conflicts of interest that apply to the moving lawyer under Model Rule 1.9 (“Duties to Former Clients”) are not imputed to all the other lawyers in the new law firm.  02/09

Exon-Florio . Supports several principles that should guide existing implementation of Exon-Florio and govern any new legislation addressed to the review of proposed foreign investment in the U.S. for national security issues.
Letter to Congressman Dingell regarding resolution. 2/07

Hague Convention on Choice of Court Agreement . Urges the United States government promptly to sign, ratify and implement the Hague Convention on Choice of Court Agreements. 8/06

UN Convention on the Use of Electronic Communications in International Contracts. Urges the U.S. Government to become a signatory to the United Nations Convention on the Use of Electronic Communications in International Contracts. 8/06

Uniform Foreign-Country Money Judgments Recognition Act . Approve the Uniform Foreign-Country Money Judgments Recognition Act, promulgated by the National Conference of Commissioners on Uniform State Laws in 2005 as an appropriate Act for those States desiring to adopt the specific substantive law suggested therein. 2/06

The Hague Convention on the Law Applicable to Certain Rights in Respect of Securities Held with an Intermediary. Supports the prompt signature, ratification, and implementation of the Convention by the United States and by other countries. 8/03

Convention on International Interests in Mobile Equipment . Urge ratification of the Convention on International Interests in Mobile Equipment and the related Protocol on Matters Specific to Aircraft Equipment adopted November 2001 in Cape Town, South Africa.  (02A300) 8/02 

Convention on the Assignment of Receivables . Recommend the signing and ratification of the UN Convention on the Assignment of Receivables in International Trade. (02M113C) 2/02

Madrid Agreement for the International Registration of Trademarks. Urge U.S. adherence to the Protocol to the Madrid Agreement and necessary amendment to Lanham Act to conform to Protocol. (01A116C) 8/01

Hague Private International Law Convention . Urge support of convention, the purpose of which is to protect adults who, due to impairment, etc., cannot protect their interests in cross-national situations. (00M106) 2/00

Convention on Combating Bribery. Support ratification and implementation of Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. Support the prompt enactment of the legislative changes proposed by the Administration to conform the Foreign Corrupt Practices Act to the OECD Convention. (98A302) 8/98

Convention on Independent Guarantees and Stand-By Letters of Credit. Recommend ratification by the United States. (98A128) 8/98

Inter-American Convention Against Corruption. Support the prompt ratification and implementation of the Inter-American Convention Against Corruption by the U.S., members of the Organization of American States, and other eligible countries. Support the criminalization of the bribery of foreign officials. Support efforts by the Organization for Economic Cooperation and Development to carry out, fully implement, and actively enforce the Revised Recommendation of the Council on Combating Bribery in International Business Transactions in a manner that effectively deters foreign corrupt practices in the conduct of international business. 8/97

Electronic Commerce. Support electronic commerce as an important means of commerce among nations. Support commerce through electronic networks that are global in nature, including developing nations. Encourage discussion in open international forums to remove unnecessary legal and functional obstacles to electronic commerce. Encourage the private sector, governments, and international organizations to establish a legal framework for electronic commerce. Encourage the private sector to develop self-regulating practices that will protect the rights of individuals and promote the public welfare. 8/97

Multilateral Accord on Investment . Urge the federal government to conclude and to implement a multilateral agreement on investment designed to liberalize existing national investment restrictions, offer protection to investors from actions such as expropriation without prompt and adequate compensation, and establish effective means for resolving investment disputes. 8/96

Corrupt Practices. Support efforts by the international community, by national governments, and by non-governmental organizations to encourage the adoption and implementation of effective legal measures and mechanisms to deter corrupt practices in the conduct of international business; urge the U.S. government to do the same. 2/95

Cartels. Urge nations to adopt strong, clear laws against cartels, including elimination exceptions from the anti-cartel principle. Urge courts to be reluctant to dismiss cases involving cartels that target or disproportionately affect their nationals. Urge nations to cooperate reporting and waiting requirements in enforcement of laws dealing with transnational mergers, and to defer in exercising their own enforcement jurisdiction so as to facilitate and not frustrate salutary transactions. 8/91

US-Canada Tax Treaty. Recommend adoption and Senate ratification of a protocol to the Canada‑US Income Tax Treaty which would avoid double taxation on estate taxes. 8/90

Convention on International Factoring. Recommend that the U.S. sign and ratify the International Institute for the Unification of Private Law (UNIDROIT) Convention on International Factoring. 2/90

Convention on International Financial Leasing. Recommend that the U.S. sign and ratify the International Institute for the Unification of Private Law (UNIDROIT) Convention on International Financial Leasing. 2/90

U.N. Convention of International Bills of Exchange and International Promissory Notes. Recommend that the U.S. sign and ratify this Convention. 2/90

Treaties Concerning the Reciprocal Encouragement and Protection of Investments. Favor ratification by U.S. of the Treaties between the U.S. and various other countries concerning the Reciprocal Encouragement and Protection of Investments. 8/86

International Sale of Goods Contracts Convention. Support U.S. signature and ratification of the Convention on Contracts for the International Sale of Goods, subject to one reservation. 8/81

Overseas Private Investment Corporation . Support adoption of legislation to continue OPIC, to provide that OPIC continue to act as a primary insurer of political risks, to increase participation by private insurers in writing such insurance, and as amendments of the Foreign Assistance Act. 2/77

Declaration on International Investment and Multinational Enterprises. Support this Declaration as a constructive statement on the responsibilities of government and multinational enterprises with respect to foreign investment. 2/77

U.N. Charter of Economic Rights and Duties of States. Urge U .S. support of the Charter only with provisions ensuring compliance with international law. 8/74

Protection of Foreign Investments. Urge the U.S. to insist on application of certain rules of international law respecting foreign private investment. Urge establishment of an international tribunal with compulsory jurisdiction to decide private investment disputes between a foreign private investor and the host state. 8/73