Informational Reportto the House of Delegates

12

AMERICAN BAR ASSOCIATION

SECTION OF INTERNATIONAL LAW

INFORMATIONAL REPORTTO THE HOUSE OF DELEGATES

Membership - We continue to grow!

The Section of International Law currently has 24,144 members. As of October 2009, there had been an increase of 949 persons in total Section membership since October 2008; lawyer membership increased by 468 members over last year; Associate membership increased by 32 members since last year; and student membership increased by 422 members over last year. More than 50% of our lawyer members are in private practice, 10% are in-house counsel, and nearly 20% live outside the United States, in more than ninety countries. Since the 2009 Annual Meeting, the Section membership outreach activities have included the following:

The Section was an exhibitor at International Law Weekend in New York, sponsored by the American Branch of the International Law Association.

The Section was an exhibitor at the International Bar Association’s Annual Congress in Vancouver.

The Section held seventeen successful “Pathways to Employment in International Law” programs at law schools and other venues around the country

The Section is also a joint exhibitor with several other Sections at the national meetings of the Hispanic National Bar Association and the National Asian Pacific American Bar Association.

New Mentor Pilot Programlaunched

The Section has launched a Mentor Pilot Program. The goal of the Mentor Program is assist law

students and young lawyers to become active in the Section and more generally in the ABA, to

foster relationships and provide career guidance and advice from experienced attorneys.Twenty

four Section members have already signed upto serve as mentors.

The Section has also launched a Membership Country Representative Program with twenty-eight

regional representatives in Argentina, Australia, Bangladesh, Bolivia, Brazil, Brunei Darussalam,

Costa Rica, Croatia, Finland, Georgia, Germany, Greece, Indonesia, Jordan, Mexico, Morocco, Pakistan, Panama, Philippines, Romania, Russia, Singapore, South Africa, Spain, Sweden, Switzerland, Turkey, Uruguay, and Venezuela.

Providing opportunities for our Studentmembers

We are supporting the ABA membership initiative to give students free membership and continue free Section membership for one year after graduation.

The Rona R. Mears Student Writing Competition commenced in September with a deadline of January 11, 2011. The topic is “The Geneva Conventions – What Past, What Future? (They Are Now 60 Years Old).”

Expanding our membership initiatives

In response to comments received from the Section’s 2010 All Member Survey earlier this year,

the Section has created a new Solo Practitioner/Small Law Firm rate for the upcoming Spring

Meeting in Washington, D.C. (April 5-9, 2011). This new reduced rate will allow more solos

and small firm attorneys to take advantage of the networking and continuing education at the

Section’s seasonal meetings.

Additionally, in conjunction with our efforts to increase corporate counsel membership and attendance, we have created a new low registration rate for corporate counsel and a new award for an outstanding international corporate counsel (see below)

New initiatives to attract international corporate counsel

We are creating a new annual award (see section on awards below) for Best International Corporate Counsel and we are creating a special reduced rate for in house counsel to attend our programs (see section on programs below).

Expanding our outreachwithin the ABA

Within the ABA, our current Chair, Salli Swartz is Chair of the SOC Chairs. Our Chair Elect, Mike Burke is part of the email working group. A former Chair, Josh Markus, is one of the Section delegates to the House of Delegates and is a member of the ABA Standing Committee on Publishing Oversight.

And outside the ABA

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

The Section works very closely with over thirty international and non-U.S. bar associations and organizations on joint programming, marketing membership outreach and activities. Such groups include (this list is not all inclusive):

American Society of International Law (ASIL)

Association Internationale des Jeunes Avocats (AIJA)

Barra Mexicana

Berlin Bar Association

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

Federal Chamber of Advocates of the Russian Federation

German Bar Association, International Committee

German Federal Bar Association

Hispanic National 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 Nationale Forenze)

Japan Federation of Bar Associations (JFBA)

Korean Bar Association

Law Council of Australia, International Law Section

Law Society of England and Wales

Law Society of Ireland

Law Society of New South Wales

New South Wales Bar Association

Moscow Chamber of Advocates

Nigerian Bar Association

Paris Bar Association – International Law Section

Shanghai Lawyers Association

Union International des Avocats (UIA)

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

Sinceour last report in August, the Section’s Liaison Officer and staff have compiled a database for all of our current contacts, leadership, meeting information and key dates for all of our liaison associations and from as many bar associations and other international legal organizations as possible around the world.

We are working on creating a clickable world map on our website which will include the information contained in our database. To date, we have information for over 600 bar associations and will be sending out a survey to each association to confirm information by end of the calendar year.

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, an ABA exhibit booth at the International Bar Association Annual Conference, assistance with planning ABA Presidential trips overseas, and budget oversight. The Section also created a Communications officer to facilitate coordination of communications within the Section, the greater ABA and outside of the ABA. The Section’s communication plan is currently being finalized and when available, it will be posted on the Section website.

Our Publications Programhas expanded

The Section’s quarterly law journal The International Lawyer(“TIL”), and newsletter, International Law News(“ILN”), are published quarterly.Starting in April 2011, the default mode of distribution for both publications will be electronic only, but members can still opt to get hard copies by changing their default mode of distribution.

The Section approved publication of several new titles including Essentials of Merger Review, A Legal Guide to Doing Business in the Asia-Pacific, Cross Border Real Estate Practice, Multiple Bar Admissions, Promoting the Rule of Law Abroad: Guide to Knowledge, Practice and Strategies, and A Basic Guide to Islamic Finance.

We have continued our leadership in developing international policy

Policy Initiatives Considered at the 2010 Fall Council Meeting in Paris:

The Section Council considered one Report and Recommendation for co-sponsorship from the Center on Human Rights on the United Nations “Protect, Respect and Remedy” Framework. Isabella Bunn from the Section’s Corporate Social Responsibility Committee noted that some work needed to be done on the report and recommendation. Policy Officer Ron Bettauer asked the Center to review the report and recommendation and return to the Section Council at the 2011 ABA Midyear Meeting to request co-sponsorship before presenting to the ABA House of Delegates in February 2011.

The Section Council was also asked for their thoughts on an R&R on the Certification of Law Schools in China from the ABA Section of Legal Education as well as an R&R on Federal Court Pleading Standards from the ABA Task Force on Federal Pleading Standards. After discussion, the Council agreed to support both reports and recommendations in principle but that additional work needed to be done before the reports and recommendations were ready to be presented to the ABA House of Delegates.

Policy Officer Ron Bettauer also noted several policy initiatives working their way through Section Committees and other ABA Sections including issues such as electronic service of process for anonymous or fictitious owners of commercial internet sites from the Information Services, Technology and Data Protection Committee and the International Trademark Association, social security survivor benefits to overseas survivors from the U.S. Lawyers Practicing Abroad Committee, foreign assistance act of 1961 from the Asia/Pacific Committee, capital replenishments of the international financial institutions from the United Nations and International Institutions Coordinating Committee, convention on the rights of older persons from the ABA Commission on Law and Aging, export of legal services from the ABA Task Force on International Trade in Legal Services, and legal outsourcing from the Task Force on Legal Outsourcing. The Section has been an active participate in the 20/20 Commission’s working group on Outsourcing as well.

And worked collaboratively with other entities on policy initiatives

The Section is proud that its Mareva initiative is now at the drafting stage with the Uniform Law Commission, which continues its work to draft a model law based on the Section’s policy initiative. It is anticipated that the model law will be considered by the Uniform Law Commission for enactment at its annual meeting in July 2011.

The Section along with the Section of Intellectual Property Law sent comments to the State Administration of Industry and Commerce and the Legislative Affairs Office of the State Council for consideration by the Chinese Trademark Office.

The Section along with the Section of Antitrust Law sent comments (1) regarding the Irish Competition Authority's proposed revisions to the Cartel Immunity Program; (2) on proposed amendments to the Hart-Scott-Rodino Premerger Notification Rules, the Premerger Notification and Report Form, and associated instructions; and (3) to the United Kingdom Office of Fair Trading (OFT) regarding its Guide to Investigation Procedures.

The Section along with the Section of Public Contract Law sent comments to the Office of Defense Trade Controls Policy on proposed amendment to the International Traffic in Arms Regulations: Dual Nationals and Third-Country Nationals Employed by End-Users.

Committeesare our lifeblood

The Section has more than sixty substantive and special focus Committees, including ten regional Committees, which cover virtually all aspects of international and transnational law. The Section’s Committees have active list serves and individual websites, produce over 24 practice-specific publications and electronic newslettersand host programs at our seasonal meetings. The committees have also sponsored smaller brown bag programs since the Annual Meeting, including:

• International Antitrust Investigations in the Transportation Industry: The Pros and Cons of Seeking Government Leniency from Prosecution, August 12, 2010, International Antitrust Law Committee, International Transportation Committee
• Delivery of Foreign Aid: Lessons for Disaster Relief in Pakistan, September 1, 2010, Asia-Pacific Committee
• Proposed Amendment to the ITAR: Risk of Diversion Screening to Replace License Requirements for Third-Country and Dual Nationals, September 8, 2010, Export Controls and Economic Sanctions Committee
• Hostile Bids Across the Canada-US Border, September 22, 2010, Canada Committee, International Antitrust Law Committee, International M&A and Joint Ventures Committee
• National Export Initiative: Challenges and Opportunities, September 24, 2010, International Trade Committee
• The United Kingdom’s Anti-Bribery Statute, October 20, 2010, International Anti-Corruption Committee, International Procurement Committee
• Immigration Compliance and Strategies for Expatriates: A Perspective from India and the U.S., November 18, 2010, India Committee
• The Future of U.S. Antitrust: Do Landmark Changes Portend a Turbulent Future?, November 30, 2010, International Antitrust Law Committee
• Legislating HIV: How African Countries are Handling the Legal Impact of the Disease, December 1, 2010, Africa Committee
• Dodd-Frank Section 342: Office of Minority and Women Inclusion, December 7, 2010, International Securities and Capital Markets Committee
• Uganda: Legislating Hate? December 9, 2010, Africa Committee
• First Annual “Live from L,” International Law in Focus at the Office of Legal Adviser, U.S. Department of State, February 24, 2011, UN and International Institutions Committee

Our programming gets even bigger

In late August, the Section Chair, Chair Elect traveled to Seoul, South Korea with ABA President Steven Zack who gave a keynote address with the Section Chair who sat on a panel.

On September 14-15, 2010, the Section held its second very successful annual one-day stand-alone conference in Moscow, Russia entitled “Cross Border Dispute Resolution: The Perspective for Russia and the CIS” in conjunction with several Russian bar associations. The conference included programs on judicial assistance and enforcement proceedings, international asset recovery, business and corporate raiding, disputes involving Russian state and state entities, and hot topics in litigation and arbitration. Speakers included ABA President Steve Zack; the President and Chief Executive Officer of the American Chamber of Commerce in Russia; the Minister of Justice of the Russian Federation; the President of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation; the U.S. Ambassador to the Russian Federation; and many leading Russian and international dispute resolution practitioners.

On October 14, 2010, the Section sponsored its 11th Annual “Live From the SEC” by video and audio link to sites throughout the United States, Europe, Canada and Latin America.

On November 2-6, 2010, the Section held its largest Fall Meeting in the history of the Section with over 950 attendees from 56 countries. The Fall Meeting offered participants more than sixty world class programs on cutting-edge legal issues. Networking opportunities abounded with three spectacular receptions at the Hôtel de Ville’s magnificent receptions rooms, the historic Tribunal de Commerce de Paris and the spectacular Musée d’Orsay. We were privileged to have as a key note speaker the French Minister of Economy, Madame Christine Lagarde as well as ABA President Steve Zack, ABA President-Elect Bill Robinson and Immediate Past President Carolyn Lamm. The Section also hostedon the Saturday morning before the Section’s council meeting, a roundtable discussion by the 20/20 Commission.

The Section participated in a conference on Mergers & Acquisitions presented by AIJA in Madrid Spain on November 16-20, 2010 where our Chair gave a presentation to AIJA’s Extended Executive Committee.

In September, October, November and December, the Section continues its monthly teleconference series – “The 21st Century Lawyer: International Fundamentals & Hot Topics” -- making it easy and accessible for members to receive cutting-edge training from their desks.

Working cooperatively withother bar associations

The Section is working with the International Section of the Los Angeles County Bar Association on a program on “International Arbitration in the 21st Century: Trends, Developments and Challenges" on May 20, 2011 in Los Angeles, California.

The Section will be represented at the 50th Anniversary of the Israel Bar during its programs on February 22-24 2011 in Jerusalem.

The Sectionis working on programming for the second year in conjunction with the Israel Bar Association Annual Conference May 29-June 2 in Eilat, Israel and is co marketing the TIPS Section program in Tel Aviv in March 2011.

The Section is working on programming in conjunction with the AIJA seminar on Real Estate in Milan on May 5-7, 2011.

The Section is working with the German Bar Association for the second time on a joint program to be held June 20, 2011 in Munich, Germany.

Recognizing international corporate counsel with anewaward

Pending approval by the Board of Governors Operations Committee at its Midyear Meeting, the Section is creating a new annual award to recognize an outstanding international corporate counsel. The award will be given for the first time at the 2011 Spring Meeting.

Our focus on international projects

The Section has several Task Forces at work on various issues:

• FEED (Financial Engineering for Economic Development) which has been advising governments
• Rule of Law and Health
• Nuclear Non-proliferation, and
• International Models Project on Women’s Rights (see below).

Working with other ABA and outside entities:

• The Section’s Outsourcing Task Force has been working with the 20/20 Commission’s working group on outsourcing. The Winter Edition of the ILN will be focused on Outsourcing.
• The recently created Joint task force with the American Society of International Law on Treaties in U.S. Law
• A blue ribbon task force on the 2010 plenary session of the International Criminal Court;
• The Section Task Force on the Magna Carta.

The International Models Project on Women’s Rights (“IMPOWR”) was awarded an Enterprise Fund Grant along with its cosponsors: Commission on Women in the Profession, Commission on Sexual Orientation and Gender Identity, and Section of Real Property, Trust and Estate Law. The grant will be spent on the creation of a “wiki data bank” of legal reform projects. The design of the website was completed in December and a formal public launch will take place after the Midyear Meeting. The website address is:

The Section’s Intellectual Property Rights program, co-sponsored with the U.S. Department of Commerce and the Coalition Against Counterfeiting and Piracy, allows U.S. small and medium-size enterprises to receive free one-hour consultations with experienced volunteer attorneys regarding the protection of their intellectual property rights. In September 2010, we expanded the program to include consultations for intellectual property rights issues in Brazil, Russian, India, China, Egypt, Thailand, Angola, Argentina, Ghana, Kenya, Mozambique, Nigeria, Senegal, South Africa, Saudi Arabia, Columbia, Mexico, Turkey, Indonesia, and Vietnam. Since the program’s inception in November 2005, we have successfully matched more than eighty small and medium sized U.S. companies with volunteer attorneys.