August 30, 2018 ILN

ABA Section of International Law Awards

World Under Law Award

Elizabeth Andersen

About the Louis Sohn Award

This award is presented periodically by the Section to individuals who have made a substantial contribution to and provided visionary leadership in pursuit of the American Bar Association’s Goal VIII, which is “To Advance the Rule of Law in the World.”

Elizabeth Andersen has been the Director of the American Bar Association’s Rule of Law Initiative (ABA ROLI) since 2014, and the Associate Executive Director of the ABA. She was the Executive Director of Central European and Eurasian Law Initiative (CEELI) from 2003 to 2006. ABA ROLI is an international development program that promotes justice, economic opportunity and human dignity through the rule of law. It was established in 2007 to consolidate the ABA’s five overseas rule of law programs, including CEELI which was created in 1990 after the fall of the Berlin Wall. ABA ROLI seeks to strengthen legal institutions, support legal professionals, foster respect for human rights, and advance public understanding of the law and of citizen rights. In collaboration with partners—including government ministries, judges, lawyers, bar associations, law schools, court administrators, legislatures, and civil society organizations—ABA ROLI designs programs that are responsive to local needs and that prioritize sustainable solutions to pressing rule of law challenges. ABA ROLI has roughly 500 professional staff working in the United States and abroad, including a cadre of short- and long-term volunteers and legal specialists, who in fiscal year 2015 alone contributed $1.2 million in pro bono legal assistance.

In between her CEELI and ABA ROLI service, Andersen served as the Executive Director and Executive Vice President of the American Society of International Law. She also gained rule of law experience as Executive Director of Human Rights Watch’s Europe and Central Asia Division, as legal assistant to Judge Georges Abi-Saab of the International Criminal Tribunal for the former Yugoslavia, and as a law clerk to Judge Kimba M. Wood of the U.S. District Court of the Southern District of New York. Andersen is a graduate of Yale Law School, the Woodrow Wilson School of Public and International Affairs at Princeton University, and Williams College, from which she received the College’s Bicentennial Medal in 2006. Her areas of expertise are international humanitarian, human rights, and refugee law, international development, and the law of international organizations.

 

Francis Shattuck Security and Peace Award

Roy Gutman

About the Francis Shattuck Security and Peace Award

The Francis Shattuck Security and Peace Award honors an American lawyer who has demonstrated significant creativity, initiative and courage in the cause of international security and peace by taking a concrete action or making a specific proposal to address an ongoing international conflict, or to strengthen international institutions of peace enforcement or justice and exemplified the promotion of security and peace through the international rule of law that was central to the career of Francis Shattuck.

Roy Gutman joined Newsday in January 1982 and served for eight years as National Security Reporter in Washington. While European Bureau Chief, from 1989–94, he reported on the downfall of the Polish, East German, and Czechoslovak regimes, the opening of the Berlin Wall, the unification of Germany, the first democratic elections in the former Eastern Bloc, and the violent disintegration of Yugoslavia. He is a former foreign editor and correspondent for McClatchy and Newsday. He is currently based in Istanbul covering Turkey and the Middle East.

Gutman’s honors include the Pulitzer Prize for international reporting, the George Polk Award for foreign reporting, the Selden Ring Award for investigative reporting, and a special Human Rights in Media Award from the International League for Human Rights.

In 1988, Simon & Schuster published his book, Banana Diplomacy: The Making of American Policy in Nicaragua 1981-1987. The New York Times named it one of the best 200 books of the year, and the (London) Times Literary Supplement designated it the best American book of the year. Macmillan published A Witness to Genocide in 1993 (the Jerusalem Post called it an "indispensable" book on genocide), and the U.S. Institute of Peace published How We Missed the Story: Osama bin Laden, the Taliban, and the Hijacking of Afghanistan in 2008.

Gutman is the chairman of the Crimes of War Project, an attempt to bring together reporters and legal scholars to increase awareness of the laws of war. His pocket guide to war crimes, Crimes of War: What the Public Should Know, co-edited with David Rieff, was published by W.W. Norton in 1999 with a second edition in 2007.

Award Honorees

Award Honorees

Louis Sohn Award

Professor Ved Nanda and Judge Stephen Schwebel

About the Louis Sohn Award

In honor of Section Chair Louis B. Sohn (1992–93), this award is presented to those persons who have made distinguished, long-standing contributions to the field of public international law.

The Section honored two awardees for 2018: Professor Ved Nanda and Judge Stephen Schwebel.

Professor Ved Nanda has taught at the University of Denver since 1965. In addition to his scholarly achievements, he is significantly involved in the global international law community. He is Past President of the World Jurist Association and now its Honorary President, former honorary Vice President of the American Society of International Law and now its counselor, and a member of the advisory council of the United States Institute of Human Rights. He was formerly the United States Delegate to the World Federation of the United Nations Associations, Geneva, and Vice-Chair of its Executive Council, and also served on the Board of Directors of the United Nations Association-USA. He also serves as an elected member of the American Law Institute and as a member of the Council for the ABA Section of International Law. Professor Nanda received his doctoral degree from Yale Law School. Professor Nanda has published widely in the areas of public international law. He has received at least two honorary doctorate degrees (India and Japan) and many other awards.

Judge Stephen Schwebel is a jurist, counsel and independent arbitrator. He serves as President of the World Bank Administrative Tribunal and as a member of the U.S. national group at the Permanent Court of Arbitration. Previously, he served as President of the International Monetary Fund Administrative Tribunal (1993–2010), as President of the International Court of Justice (19972000), as Vice President of the International Court of Justice (1994–1997) and as Judge of the International Court of Justice (1981–2000). He served as the President of the International Court of Justice from 1997 to 2000. Prior to his tenure on the International Court of Justice, Judge Schwebel served as Deputy Legal Adviser to the U.S. Department of State (1974–1981) and as Assistant Legal Adviser to the U.S. Dept. of State (1961–1967). He has also served as a professor of law at Harvard Law School (1959–1961) and Johns Hopkins University (1967–1981). When he was an Assistant Professor at Harvard University in 1959, he established the Philip C. Jessup International Law Moot Court Competition and authored the first Jessup problem, titled “Cuban Agrarian Reform Case.”

 

Leonard J. Theberge Award for Private International Law

Professor Linda Silberman

About the Leonard J. Theberge Award for Private International Law

In memory of the Section Chair Leonard J. Theberge (1979–80), this award was established to honor those persons who have made distinguished, long-standing contributions to the development of private international law.

Linda Silberman is the Martin Lipton Professor of Law at New York University School of Law and the Co-Director of the NYU Center on Transnational Litigation and Arbitration. She is a graduate of the University of Michigan and the University of Michigan Law School, and following graduation, a Fulbright Scholar in London, England. She joined the NYU faculty in 1971 and became the first tenured woman full-professor at the School. Professor Silberman teaches and writes in the areas of Conflict of Laws, Civil Procedure, Comparative Civil Procedure, Transnational Litigation, International Commercial Arbitration, and International Family Law.

Prior to joining the NYU faculty, Professor Silberman practiced law with the Sonnenschein, Nath & Rosenthal law firm in Chicago, Illinois. In 1985–86, she was Professor in Residence at the U.S. Department of Justice. She has held Visiting Professorships at Harvard, Columbia, and the University of Pennsylvania Law Schools. Professor Silberman has been a member of numerous U.S. State Department delegations to the Hague Conference on Private International Law and is presently a member of the U.S. State Department Advisory Committee on Private International Law.

She is also a member of the Singapore Family Justice Courts International Advisory Council, a member of the Academic Council of the Institute of Transnational Arbitration, a board member of the Institute of Judicial Administration, and a Fellow of the American Bar Foundation. Professor Silberman has been invited to give the General Course on Private International Law at The Hague Academy of International Law in 2020.

Silberman has played an important role at the American Law Institute (ALI), serving as an Adviser on three different projects: The Restatement Third of the U.S. Law of International Commercial Arbitration, the Restatement Fourth of the Foreign Relations Law of the U.S., and the Restatement Third of Conflict of Laws. Previously, she was co-Reporter of a recently completed project of the American Law Institute – Recognition and Enforcement of Foreign Judgments: Analysis and Proposed Federal Statute, and she has testified in Congress on judgment recognition on several occasions. In 2014, Silberman was Distinguished Research Scholar at Queen Mary University in Centre for Commercial Law, and she has recently been appointed as an Honorary Professor in the Centre for Commercial Law Studies at Queen Mary University of London (2017–2020). She has been the scholar-in-residence at WilmerHale in London in Fall 2009 and again in Spring 2017. Her scholarship covers a wide variety of domestic and transnational subject areas in conflict of laws, domestic and comparative procedure, transnational litigation, in particular judicial jurisdiction and judgment recognition, class actions, international arbitration, and international child abduction.

Professor Silberman is co-author of a leading Civil Procedure casebook (Silberman, Stein & Wolff), now in its 5th edition, as well as a book on comparative civil procedure, Civil Litigation in Comparative Context (2d edition forthcoming 2017).

 

International Corporate Counsel Award

Ian McDougall

About the International Corporate Counsel Award

The award is given to a Section member who is a practicing attorney employed by a company or other entity as an in-house counsel and who has demonstrated a significant contribution to the legal profession and the furtherance of the practice of law in an international context.

Ian McDougall is the Executive Vice President and General Counsel at LexisNexis Legal and Professional, a division of Reed Elsevier.

He is the compass that has been guiding the LexisNexis Rule of Law initiatives. McDougall emphasizes that the LexisNexis corporate mission is to advance the rule of law around the globe. He tapped into his love of global history and his innate sense of fairness to organize the activities of the global company and its 10,000 employees into a cohesive program to support this corporate mission. He was driven by the desire to create a program that would make a real difference to people in parts of the world where fairness was not a given.

In researching the history behind the rule of law, he developed a four-point definition of the rule of law that LexisNexis could use for all activities and communications: equality under the law, transparency of law, independent judiciary, and accessible legal remedy. He then started to build innovative corporate actions to put the definition into practice.

He also led the LexisNexis implementation of the U.K. Bribery Act compliance and created the organization’s first broad regulatory compliance review program.

As part of his personal commitment, McDougall has educated groups around the world on the elements of the rule of law and the importance of a strong rule of law for economic growth and development, stable societies, and other outcomes, such as enhanced life expectancy. In the past year, he has spoken on the rule of law, business, and human rights at various events including programs with the ABA Section of International Law, the Commonwealth Lawyers Association, the International Bar Association, the Union International des Avocats, and the International Institute of Law Association Chief Executives. He also has spoken to the Brazilian Judiciary and to law school students.

McDougall has been drawn to the elements that make up this definition of the rule of law all his life. He trained as a barrister and practiced in the courts in the United Kingdom before joining the corporate world. In the future, he seeks to expand on the corporate mission to make these efforts even more impactful. He believes it will be possible to have even more groups adopt this key definition of the rule of law; to see wider recognition and acceptance that a strong, stable rule of law underpins advances in all other aspects of society; and to have LexisNexis serve as an example for other businesses, guiding them to embrace the rule of law and, thereby, to make a lasting difference in the world.

McDougall sits on the UN Rule of Law Steering Committee and is a member of the UN General Counsel Advisory Board. His Global Legal Team received the Financial Times Innovative Lawyers Award 2017, in recognition of their work to advance the rule of law and access to justice around the world.

 

Outstanding Performance by an International Lawyer in a Government or International Organization Award

Esther Olavarria

About the Award

This award is presented to individuals who have demonstrated sustained, outstanding service in the field of international law to include contributing to the development of the international system or to the rule of law, for general professional excellence or for other purposes consistent with the Section’s goals, priorities, or mission.

Esther Olavarria served as a Senior Counselor to Secretary Jeh Johnson at the U.S. Department of Homeland Security from 2014 to 2016 where she helped draft the immigration administrative actions. During 2013, she worked for the White House Domestic Policy Council on immigration legislation and policy. She previously served as Deputy Assistant Secretary for Policy at the U.S. Department of Homeland Security. From 1998 to 2007, she was Senator Edward Kennedy’s chief immigration counsel on the Senate Judiciary Committee. She has also served as a senior fellow at the Center for American Progress and a senior advisor for the UNHCR, the UN Refugee Agency. She is currently the Vice President of Institutional Affairs and Chief of Staff at the Kennedy Center. Esther began her career as an immigration attorney in Miami, Florida, working at several not for profit organizations. Esther was born in Havana, Cuba, and raised in Florida. She has a law degree from the University of Florida.

 

Mayre Rasmussen Award

Carolyn Lamm and Lisa Grosh

About the Mayre Rasmussen Award

The Section presents this award periodically to individuals who have achieved professional excellence in international law, encouraged women to engage in international law careers, enabled women lawyers to attain international law job positions from which they were excluded historically, or advanced opportunities for women in international law.

The Section honored two awardees for 2018: Carolyn Lamm and Lisa Grosh.

Carolyn Lamm is a former ABA President, a Partner at White & Case, and a renowned international arbitrator and arbitration counsel. Her practice concentrates on international dispute resolution through international arbitration, litigation, and international trade proceedings. She advises clients in matters with ICSID and its Additional Facility, and other international arbitral proceedings involving States, as well as commercial arbitral fora including AAA/CDR, ICC, Vienna Centre, Stockholm Chamber, Swiss Chamber, and in federal court litigation. She teaches International Investment Arbitration at the University of Miami School of Law in the White & Case LLM program in International Arbitration.

Lamm was appointed by President Clinton to the U.S. Panel and later by the Government of Uzbekistan to the Uzbek Panel of Arbitrators for ICSID arbitration. She was a member of the American Arbitration Association Executive Committee and Board, and is currently a member of the ICCA Governing Board, a member of the Council of the American Law Institute (Advisory Committee for the Restatement of International Arbitration and a Counselor for the Restatement Fourth on Foreign Relations) and has served as an arbitrator in AAA International Rules, ICSID and NAFTA Chapter 11 disputes. She is a founding member of the American Uzbekistan Chamber of Commerce and currently serves as Chairman of the Board.

Prior to joining White & Case, she was employed by the U.S. Department of Justice under the Attorney General’s Program for Honor Law Graduates and served as a trial attorney in the Fraud Section, Civil Division, before obtaining the position of Assistant Director, Commercial Litigation Branch, Civil Division.

When she served as ABA President, she presented the Presidential Diversity Initiative “The Next Steps.” She currently is serving on a multinational task force to promote women in international arbitration and on the ICCA Task Force on Diversity.

In her acceptance remarks, Lamm thanked White & Case Managing Partner Hugh Verrier for his support and extraordinary leadership. She also thanked her husband Peter, a lawyer and law school classmate, and her sons. She expressed gratitude to the women and men who took a chance on her and helped her up the ladder.

Lamm urged attendees to consider being a role model or mentor, and, when there is an opportunity, to recommend a woman to a client, within the firm, for a board position, or for a committee position. She emphasized how “each of us can work to change the bar, our justice system, and our society so that we are at a full capacity of enjoying the benefits that each of us can contribute regardless of gender.” She quoted Marian Wright Edelman, who said: “If you don’t like the way the world is, you change it.”

Lisa Grosh is the Assistant Legal Adviser for International Claims and Investment Disputes at the U.S. Department of State. In her acceptance remarks, she thanked her long-term mentor, Ron Bettauer, for providing her “the most helpful guidance at every step along the way of my pursuit of a career in international claims and international dispute resolution in the Legal Adviser’s Office at the State Department.” She added, “His wisdom and guidance were instrumental in convincing me, and other women like me, how to navigate the challenges and find solutions, to show us that we belonged at the table, had a key role in diplomacy and a place at the podium representing the United States before international courts and tribunals.” Her goal is to continue to expand the opportunities for women in international law, particularly in international dispute resolution.

Among her recommendations for increasing women’s contributions in the field, Grosh suggests giving women the ability to take a role in negotiating international agreements, presenting oral arguments, and conducting witness examinations before international tribunals. She also recommends appointing them as arbitrators and judges as they advance in their careers.

Grosh shared that, in hearings before the Iran-U.S. Claims Tribunal this past year, she was extremely proud to be representing the United States alongside the first female Legal Adviser of the State Department, Jennifer Newstead. Grosh was followed in oral argument by a junior female lawyer in her office, and presented before the Tribunal’s second female arbitrator, Rosemary Barkett. She said, “This unquestionably brings a different and important dynamic to the proceedings and international dispute resolution more generally.” She added, “Unfortunately, this kind of diversity did not exist on the other side, and all too frequently does not, particularly in state-to-state disputes.”

Her concluding remarks encouraged the empowerment and inclusion of women in the legal profession. “So we must all collectively work together to see that that changes,” she said. “We must give those junior female lawyers a place at the table. We must give them more responsibility in helping to run cases and give them opportunities to take the podium and deliver oral argument.” She urged appointing women as judges and arbitrators to broaden the field. She concluded, “I guarantee you they will rise to the occasion and show their brilliance.”