Informational Reportto the House of Delegates

10

AMERICAN BAR ASSOCIATION

SECTION OF INTERNATIONAL LAW

INFORMATIONAL REPORTTO THE HOUSE OF DELEGATES

HIGHLIGHTS OF ALL THE GREAT THINGS

THE SECTION OF INTERNATIONAL LAW HAS BEEN DOING

SINCE AUGUST 2016

Membership

The Section of International Law (the “Section”) has almost 20,000members as of November 2016 (including lawyer members, associate members, and student members): more than 50% of our lawyer members and non-US lawyer licensed associate members are in private practice; 10% are in-house counsel; and nearly 20% live outside the United States, in more than 100 countries.

Member outreach follow-up activities since the Annual Meeting have included:

• Exhibit booth at the International Bar Association Annual Congress in Washington, DC October 2016
• Exhibit at the International Law Weekend in New York City October 2016
• Exhibit at the Section’s Fall Meeting in TokyoOctober 2016

• Pathways to Employment in International Law programs at New York University and Georgetown University Law Center in October 2016 and January 2017 (more planned for the balance of the year)

Diversity Fellowship Pilot

The Section’s Diversity Fellows Pilot Program has been a great success. The Program provides scholarships to young diverse lawyers to encourage active involvement and participation in Section activities. The goal of the program is to give lawyers with diverse backgrounds as described by ABA Goal III an opportunity to become involved in Section Committees and programs with the potential to be future leaders of the Section. The first group of six (6) Section Diversity Fellows were selected last summer and participated in the Annual, Fall and Spring Meetings of the Section(some were on CLE panels) and have become involved in committees of interest.

City Chapters

In July 2011, the Section and the ABA Standing Committee on Membership obtained approval from the Board to create International City Chapters. International City Chapters serve as “meeting points” for ABAmembers who live and/or practice in different countries outside the U.S.

Providing Opportunities for Our Student Members

We are supporting the ABA membership initiative giving students free membership and continuing with free Section membership for one year after graduation. We also have a volunteer program at our seasonal meetings where we invite local law students in the city of the meeting to volunteer their time in support of the meeting in exchange for free registration where they can network, learn and be mentored by senior Section members.We have an active Law Student, LL.M. and New Lawyer Outreach Committee and have started a mentorship program within the Section. The committee has a joint program with the Young Lawyers’ Interest Network at the Section’s Spring Meeting to help members learn how to become active in the Section. We have had strong participation by our liaisons from the Young Lawyers Division and the Law Student Division and are in the process of coordinating our mentor program with that of the Young Lawyers Division.

Expanding Our Outreach and Visibility Within the ABA…

ChairSara Sandford is a member of the ABA Rule of Law Initiative Board of Directors and is the ABA Representative to LAWASIA. She is also a member of the Perspectives editorial board (the ABA Commission on Women in the Profession’s publication).

Chair-Elect Steven Richman is SOC Chair-Elect class representative and Vice Chair Robert Brown is SOC Vice Chair class representative.

Former Section Chair Josh Markus is a member of the ABA Board of Governors.

Deborah Enix-Ross, a former Section Chair, is Chair of the Association House of Delegates.

Former Chairs Gabrielle Buckley, Jeffrey Golden and Glenn Hendrix are Section Delegates to the ABA House of Delegates. Gabrielle is also a member of the ABA Commission on Immigration.

Immediate Past Chair Lisa Savitt is a member of the ABA Rule of Law Initiative MENA Council. Former Chair Jeffrey Golden is a member of the ABA Rule of Law Initiative Africa Council. Chair-Elect Steven Richman is a member of the ABA Rule of Law Initiative CEELI Council. Diversity Officer Mark Wojcik is a member of the ABA Standing Committee on the Law Library of Congress.

Mike Byowitz, yet another former Section Chair,is a Delegate-at-Large in the ABA House of Delegates, is a member of the ABA Standing Committee on Membership (SCOM) and is presently Chair of SCOM’s international subcommittee; he is also Chair of the Fellows of the American Bar Association.

Expanding Our Outreach and VisibilityOutside the ABA

Reaching outside of the ABA, the Section believes that by identifying organizations and associations of international lawyers with missions, interests, and goals similar to ours we can increase membership and can speak with a more knowledgeable, powerful, and effective voice.

The Section works with a number ofinternational bar associations and organizations on marketing, membership outreach and activities. We also have liaisons to more thanone hundred outside bar associations and organizations. Among such groups are:

American Society of International Law (ASIL)

Association Internationale des Jeunes Avocats (AIJA)

Bar Council of England and Wales

Barra Mexicana

Canadian Bar Association, National Section on International Law (CBA-NSIL)

Croatian Bar Association

German Bar Association, International Committee

German Federal Bar Association

Ghana Bar Association

Hispanic National Bar Association

Inter-American Bar Association

International Chamber of Commerce (ICC)

International Bar Association (IBA)

International Law Students Association (ILSA)

Inter-Pacific Bar Association (IPBA)

Israel Bar Association

Italian Bar Association (“Consiglio Nazionale Forense”)

Japan Federation of Bar Associations (JFBA)

Korean Bar Association

LAWASIA

Law Society of England and Wales

Law Society of Ireland

Montréal Bar Association

Nigerian Bar Association

Paris Bar Association – International Law Section

QuébecBar Association

Union International des Avocats (UIA)

Union of Turkish Bar Associations

Every quarter, the liaisons to outside organizations file a report with our Liaison Officer who, in turn, reports to the Section’s Administration Committee. A copy of the most recent report can be found here.

The Section’s Liaison Officer and staff have continued to update the database of contacts, leadership, meeting information, and other key dates for those associations with which we have a liaison relationship, as well as many other international legal organizations. We have also developed a user-friendly, accessible world map hosted on our website.

Starting in the 2010-2011 ABA year, the Section has been given responsibility for the International Liaison Office, which includes management of the Distinguished Guest Program at the Annual Meeting, and staffing an ABA exhibit booth at the International Bar Association Annual Conference. The Section has provided assistance with planning ABA Presidential trips overseas, and related budget oversight for many years.

Updating Our Strategic Plan

The Section leadership continues to assess progress on our Strategic Plan. The Section is updating its Strategic Plan at this Midyear Meeting.

Our Publications Program Continues toExpand

The Section’s law journal The International Lawyer,is published three times a year and its newsletter, International Law News, is published quarterly. The Year in Review, previously included as an issue of The International Lawyer, is now its own annual publication.The Year in Review, as its name suggests, is an annual survey of the law from around the world. The 2016 edition was published in June 2016.

The Section’s recent publications include:E-Lawyer: A Guide to Legal Practice Leadership in the Internet Age;Navigating EU Privacy and Data Protection Laws; IPDS: U.S. Customs - A Practitioner's Guide to Principles, Process, and Procedures, Second Edition; International Family Law Deskbook, Second Edition, and Business, Human Rights, and Sustainability Sourcebook.

We Have Continued Our Leadership in Developing International Policy

The Section’s Council met in August in San Francisco to discuss a range of topics and welcomed two distinguished guests: the Vice President and Head of the Section of International Affairs of the Japanese Federation of Bar Association and Janet Fuhrer, the outgoing President of the Canadian Bar Association. The Council weighed in on a draft Resolution on encouragement of regulatory policies favorable to microfinance which will be further discussed at upcoming Council meetings. The Council also discussed the reports of the China Working Groups on the detention of Chinese lawyers.

The Section’s Council met in October in Tokyoto discuss a range of topics and welcomed ABA President Linda Klein, who addressed the Council. The Section’s Council members approved a draft resolutionon Arms Trade Treaty to be submitted to the ABA House of Delegates at the Midyear Meeting in Miami.The Section’s Council decided to approve the report from Working Group 1on the detention of Chinese lawyers.

The Section voted to support the amicus brief filed by the ABA Working Group on Unaccompanied Minor Immigrants in J.E.F. M. v. Lynch in the 9th Circuit Court of Appeals on a petition for rehearing en banc.

The Section, often with other Sections, submitted a number of blanket authority policy initiatives including: comments on New Zealand Paper on Monopoly Power Abuses on February 17, 2016; comments regarding the National Development and Reform Commission’s February 3, 2016 Draft on March 14, 2016; guidelines for Applying Leniency Program to Horizontal Monopoly Agreements on March 14, 2016; comments to China’s National Development and Reform Commission on Guidelines on Undertakings’ Commitments in Anti-Monopoly Cases on March 24, 2016; comments to the Canadian government on amendments to the new Canadian Trademarks Act under existing blanket authority from 2014 and 2015 on May 13, 2016; comments on Provisions of the Supreme People’s Court on Certain Issues Concerning the Application of the ‘Company Law of the People's Republic of China’ (IV) (Draft For Comments)” (the “Draft Provisions”) on June 2, 2016; Comments on INDECOPI’s Draft Leniency Program Guidelines on June 24, 2016; comments on the Draft Guidelines on General Conditions and Procedures for the Exemption of Monopoly Agreements of the Antimonopoly Commission of the State Council of the People’s Republic of China on June 29, 2016; comments on CADE Rules for Notification of Associative Agreements on July 7, 2016; comments on the Guidelines of the Anti-Monopoly Commission of the State Council on determining the illegal gains generated from monopoly conduct and on setting fines (Draft for Comments) on July 13, 2016; comments on Proposed German Competition Law Amendments on August 15, 2016; Comments on the “Summary of Issues Concerning the Modality of the Administrative Surcharge System” Report Issued by the Study Group on the Antimonopoly Act convened by the Japan Fair Trade Commission on August 31, 2016; the Argentine antitrust commission (CNDC) public consultation process for its draft bill reforming its competition law on October 14, 2016; Joint Comments on the Draft “Framework for Misuse of Market Power Guidelines” of the Australian Competition and Consumer Commission on October 21, 2016.

Committees Are Our Lifeblood

The Section has more than sixty substantive and special-focus Committees, including ten regional Committees, covering virtually all aspects of international and transnational law. These committees provide our members with the opportunity to work together on various projects within the Section, including programming, policy, rule of law activities, and publications. To keep their members engaged and to promote communication, committees maintain active Listserv lists and individual web pages. Together, they produce over 20 practice-specific publications and electronic newsletters of various varieties including those focused on “hot topics” and those with a mix of articles and committee updates. Committees also coordinate programs at our seasonal meetings and regional forums as well as smaller teleconferences and in-person programs.Since August 2016, Committees have organized smaller programs on a variety of topics, including:

The Impact of TPP on NAFTA: Opportunity for strengthening ties – or recipe for disaster? - an in-person program which also included a webinar sponsored by a law firm; a joint effort by the Mexico Committee and the International Trade Committee.

International Employment Hurdles: Payroll Tax Played Out – a teleconference program organized by the International Tax Committee.

Recent Initiatives by the U.S. Government to Combat Forced Labor Practices – an in-person and teleconference program organized by the International Trade Committee.

As well as coordinating programs, committees provide members with additional opportunities to network and contribute to the work of the Section during seasonal meetings. This is accomplished through informal committee meetings at designated meals and more formal business meetings in breakout rooms. During the Fall Meeting in Tokyo, over 25 committees met at one of two committee breakfasts to discuss committee activities and get to know their fellow committee members.

Our Programming Is Global

The Section has had a number of excellent programs since the AnnualMeeting including:

2016 ABA Moscow Dispute Resolution Conference - The ABA’s 7th Annual Conference on the Resolution of CIS-Related Business Disputes; Moscow, Russia; September 30, 2016

This 8th Annual Conference brought together over 100 lawyers from around the globe for a day of networking and programming. Programs were presented in an interactive round table format with multiple concurrent sessions. With the sustained success for over seven years, this program has made a name for itself as the premier CIS-related disputes conference in the region.

2016 Fall Meeting

The Fall Meeting was held in Tokyo October 18-21 and had just over 700 attendees. The Fall Meeting offered everything our members have come to expect from the Section’s seasonal meetings – more than 70 programs on cutting-edge legal issues, intense networking with colleagues from over 45 countries in an open and a friendly atmosphere, and opportunities to shape the policy agenda of the Section and broader American Bar Association.

2016 Americas Forum

Our Americas Forum will be held in Bogota, Colombia from November 14-16, 2016.This dynamic Forum focused on topics of importance to the Latin and Central American region, including two plenaries, the state of arbitration in the Americas, investor-state disputes in the region, professional ethics in the Americas, complex cross border litigation issues that can arise from a cross border practice in the Americas, politics and M&A, private equity and venture capital, CAFTA, NAFTA, and the TPP, and energy and natural resources.

Our Focus on International Projects and Rule of Law Activities

It is worth recalling that for more than three decades, the ABA has affirmed the Rule of Law as one of its fundamental goals. Within this goal, the ABA’s objectives are to: (1) increase public understanding of and respect for the Rule of Law, the legal process, and the role of the legal profession in the United States and throughout the world; (2) encourage governments to be accountable under law; (3) work for just laws, including human rights, and a fair and transparent legal process; (4) assure meaningful access to justice for all persons; and (5) preserve the independence of the legal profession and the judiciary.

It is clear that Rule of Law issues are expanding into many different policy and program areas throughout the world, in contexts as diverse as sustainable development, peace and security, formal and informal justice systems, economic growth, poverty alleviation, women’s rights, dispute settlement, public services and treaty implementation. The Rule of Law will continue to be a priority on the Section’s international agenda, as well as in the work of the ABA. The Section has collaborated with a number of outside organizations in its Rule of Law work.

Stemming from discussions on how best to address concerns with respect to treatment of human rights lawyers in China, the Section created three Working Groups to (1) evaluate what the Section’s position should be regarding the arrest and detainment of Chinese lawyers, including what, if any, actions the Section might advocate the ABA take; (2) evaluate the tactics the Section should use to address issues to support the international legal profession, especially in Rule of Law challenged countries; and (3) make recommendations with respect to the Section’s and ABA’s process that applies to the ABA’s response to Rule of Law challenges looking at broader challenges to lawyers and the judiciary around the globe. The Working Groups reported to the Council in August 2016 with recommendations and are now working on identifying next steps.

International Legal Resource Center

The International Legal Resource Center (ILRC) was established in December 1999, based upon the common commitment of the United Nations Development Programme (UNDP) and the American Bar Association (ABA) to advocate for democratic governance and the Rule of Law on a global scale. For more than a decade, the project has assisted UNDP as well as several other United Nations (UN) entities and multinational organizations that work in developing countries with legal issues beyond democratic governance. Respect for the Rule of Law is an essential component of all development initiatives and a prerequisite for the creation of sustainable environments and overall poverty reduction.