Ugandan Justices

Members of the Delegation of Ugandan Supreme Court and Court of Appeal Justices

 

A visiting delegation of justices from the Ugandan Supreme Court and Court of Appeal participated in a study tour on Comparative Appellate Justice Systems coordinated by the ILI's affiliate office in Uganda, the ILI-African Centre for Legal Excellence, during the week of August 18, 2014. The ten justices -- Esther Kisaakye Kitimbo, Galdino Okello, J. W. N. Tsekooko, Stella Arach Amoko, Augustine Nshimye, Rubby Aweri Opio, Eldad Mwangusya, Faith E. Mwondha, Kenneth Kakuru, and Lilian Tibatemwa Ekirikubinza -- joined U.S. 6th Circuit Court of Appeals Judge Bernice Donald and Michigan Court of Appeals Judge Cynthia Stephens for a workshop focused on best practices in judicial administration, case management, judicial writing, and the use of technology. The delegation also met with officials at the US Supreme Court and the District of Columbia Court of Appeals.  

Ugandan Ambassador to the United States Oliver Wonekha greeted the delegation at a closing reception held at the ILI’s office in Georgetown on August 21, 2014. This was the second in a series of interactive and hands-on capacity-building workshops for Ugandan justices coordinated by ILI-ACLE with the aim of promoting more efficient and effective judicial appellate processes. The outgoing Ugandan Supreme Court Justice Benjamin Odoki led the previous delegation, which included several other Supreme Court and Court of Appeal justices. The President of the Uganda Law Society Ruth Sebatindira and other judiciary officials also participated in the Washington study tours.  

 

 

 

heidelberg-university sm

Heidelberg University

 

On May 16, the International Law Institute and the Heidelberg University Law Faculty co-sponsored the Heinrich Kronstein Symposium in Heidelberg, Germany, on Antitrust Law in Global Contexts.

The symposium brought together German and American law professors, attorneys and government officials, including from the German Federal Cartel Office (Bundeskartellamt).  Several  Kronstein Fellows from Germany and Switzerland also participated.  ILI Chairman Don Wallace joined Prof. Peter Mueller-Graff of Heidelberg University in presiding over the conference, which highlighted the influence of Prof. Heinrich Kronstein, the founder of ILI, on the development of antitrust law in German and Europe.

A number of panelists highlighted Prof. Kronstein’s groundbreaking research and influence in breaking up German cartels and promoting  fair competition.  Kronstein’s ideas formed the basis for linking important democratic values with the protection of competition in Germany after World War II.  

The symposium also focused on the increasing importance of the role of antitrust and competition law in developing countries today.  Some 130 countries around the world, it was pointed out, have now enacted competition laws (up from 20 in 1990), and many, such as China, have established government authorities that are beginning to take a more active role in implementing national competition laws.

In addition to the symposium, members worked to consider scholarships, joint training program and international exchanges to advance the rule of law in developing countries and emerging economies in commemoration of Heinrich Kronstein's lifelong initiatives.

 

 

International Law Institute, Fostering Prosperity Through the Rule of Law
The International Law Institute and the Asian Development Bank NARO Office Presents:

U.S. ENGAGEMENT WITH ASIA THROUGH THE ASIAN DEVELOPMENT BANK
June 11, 2014

Featuring:

Robert M. Orr
U.S. Ambassador
Asian Development Bank

The Asia-Pacific region is home to over half the world’s population and is the fastest growing region in the world. But while much of Asia is experiencing robust economic growth, the region faces key development challenges, including rapid urban population growth, large pockets of poverty, food insecurity, environmental degradation, corruption and fragile institutions of governance.

The Asian Development Bank (ADB) is playing a critical role in efforts to address these challenges. The United States has contributed more than $25 billion in overall capital subscription to the ADB since joining in 1966. During his recent visit to Asia, President Barack Obama expressed support for “broader and more inclusive development and prosperity” in the Asia Pacific. U.S. development policy in Asia has focused on a range of issues including: health, education, infrastructure, rule of law, good governance and expanding trade and investment opportunities.

Ambassador Robert Orr, also serves as the Dean of the Board of Directors of the Asian Development Bank, will discuss U.S. engagement with Asia through the Asian Development Bank.

Wednesday, June 11, 2014
4:00 p.m. to 5:00 p.m.
Reception to follow

International Law Institute
1055 Thomas Jefferson St, NW, M-100
Washington, DC 20007

RSVP: This email address is being protected from spambots. You need JavaScript enabled to view it. by email or phone at (202) 247-6006 by June 10.

Speaker’s Bio: Prior to becoming U.S. Ambassador to ADB, Ambassador Robert Orr served as President of Boeing Japan and Vice President and Director of European Affairs for Motorola SA/NV. Ambassador Orr was also Director & Associate Professor at the Institute of Pacific Rim Studies at Temple University of Japan, and Director & Visiting Associate Professor at the Stanford University Japan Center. Earlier in his career, Ambassador Orr served as a Special Assistant for Asia at the US Agency for International Development and as a staff member with the US House of Representatives Subcommittee on Asia and Pacific Affairs.

Ambassador Orr completed his Ph.D. from the University of Tokyo, and has Master’s Degree from Georgetown University and a Bachelor’s Degree from Florida Atlantic University. His book, "The Emergence of Japan's Foreign Aid Power" published by Columbia University Press, won the 1991 Ohira Prize for best book on the Asia Pacific.

DSC 0014 Interim Measures Conference  DSC 0029
DSC 0027e DSC 0046 2

 

 

The International Law Institute’s International Investment Law Center (IILC) was pleased to host a Conference on Interim Measures Available in International Arbitration, which took place on April 24, 2014.

Featuring a keynote speech by Yu Jianlong, Secretary General of the China International Economic and Trade Commission (CIETAC), the Conference presented 16 other speakers who are experts in the field. Highlights included remarks by Johan Gernandt, of the Arbitration Institute of the Stockholm Chamber of Commerce; Professor Joongi Kim, of Yonsei Law School in Korea; Anne-Marie Whitesell, of Dechert LLP; Anthony Connerty, of the IDR Group; Claudia Frutos-Peterson, of Cutis Mallet Prevost Colt & Mosle, as well as many other distinguished practitioners and authorities in the field.

Topics of discussion included “The Power of Arbitral Panels to Order Interim Relief”; “National Court Powers to Order Interim Measures”; “Emergency Relief in International Arbitration”; and “Interim Relief in Investment Treaty Arbitration.”

The International Investment Law Center of the ILI provides training and technical assistance relating to international investment treaties and investor-state arbitration. Co-directed by Ian Laird and Borzu Sabahi, the Investment Law Center arranges conferences and panel discussions analyzing the latest developments in the field. The Investment Law Center likewise trains government representatives on strategies and procedures to enhance their cases before international arbitral tribunals.

The ILI will prepare a Conference Book, containing a transcript of the Conference proceedings, and papers on various aspects of interim measures in international arbitration prepared by each of the 17 speakers, to be published during the summer. Those interested in obtaining a copy should contact Bill Mays, Publications Director, at ILI.

 

 

Nigerian-Senators

Members of the Delegation from Nigerian Senate Committee on Constitution Reform
 

 

On April 28 – 30, the International Law Institute hosted the Nigerian Senate Committee on Constitution Reform for a special seminar on the US election system.  The delegation included Senators Philip Tanimu Aduda, Heineken Lokpobiri, Ahmed Makarfi, Margery Chuba-Okadigbo, and Oluremi Tinubu, as well as committee clerk Innocent Mebiri and Prof. Ignatius Ayua.  The Senate Committee is considering reforms to the Nigerian election law in advance of the upcoming presidential and parliamentary vote in February 2015.   

Under the direction of its Executive Director Kim Phan, ILI arranged for meetings with the US Senate Committee on Rules, which has jurisdiction over federal election laws, as well as with Lee Goodman, Chairman of the Federal Election Commission, which oversees US campaign finance regulations.  In addition, ILI organized a visit to Annapolis for meetings with Maryland state election officials, to provide a fuller picture of election administration at the local level.  

The customized seminar also featured several speakers and sessions providing an overview of the US electoral system, technology and elections, campaign finance, and election fraud and dispute resolution.  

The visit is part of an ongoing and deep-seated relationship between the Nigerian government and the International Law Institute.  In addition to previous workshops for the Nigerian Senate,  ILI projects have included training in judicial administration for members of the Nigerian Supreme Court and Federal High Court, legislative drafting seminars for the National Institute of Legislative Studies (a part of the Nigerian National Assembly) and the Lagos State House of Assembly, and a public-private partnerships (PPP) training seminar for Nigerian government and private sector participants.

 

Chengdu Lawyers
Charles Verrill discusses special provisions of international commerical arbitration with
Mr. Xiao Dengguo and his colleagues.

 

 

International Law Institute was honored to host a meeting with lawyers from the Chengdu legal community.

The meeting was established to explore the opportunity of establishing training programs between ILI and the Chengdu Lawyers Association, Chengdu Arbitration Committee and the Yingke Law Firm. Yingke Law Firm is one of the largest law firms throughout Asia, with offices worldwide.  The delegation was led by Mr. Xiao Dengguo, Deputy Director of Foreign Legal Affairs Commission of Chengdu Bar, Arbitrator of Chengdu Arbitration Commission; Partner of Yingke Law Firm and head of the International Law section. Accompanied by Ms. Xiao Yue, attorney at Yingke Law Firm; Ms. Hu Xingyu, General Manager of Guangzhou Optima Biology Ltd; Ms. Wang Chunyan, Partner of Sichuan Guyu Law Firm; and His Honorable Judge Li Wentao.

The esteemed delegation and ILI will focus on means by which we can prioritize mutual needs and competencies; professional and training exchanges; and customizing programs specific to the needs of Chengdu legal community.

On behalf of ILI were Mr. Charles Verrill, Jr., Esq., ILI President; Mr. Robert Sargin, ILI Deputy Director; Ms. Zhang Xi and Mr. Gou Rongfei, ILI Associates.

DSC 2536
Shandong Lawyers at US Department of State
(For additional State Department photos see "Reception to Honor the Kingdom of Denmark" page.

 

 

The International Law Institute is once again proud to have hosted our third delegation of senior lawyers, law firm partners and legal experts from from Shandong Province, China as participants in ILI's International Trade and Economic Integration program.  This 3.5-month program was specially designed by the ILI and the Department of Human Resources and Social Security of Shandong Province.  Training included studies on the US legal system;  International Trade Law and the application of WTO procedures; International Investment Agreements and State Dispute Arbitration, Commercial Arbitration and Mediation; Investment Procedures in the US; as well as internships in Washington, DC law firms.


 

IMG 3839 1 photo2

International Arbitration training with Anne
Marie White 
Whitesell, ILI Director of ILI's
Center for Alternative
Dispute Resolution
(former Sec. General of the ICC

International Court of Arbitration)

Delegation is guest lectured by Mr. Li Guogang
- Director of Anti-Dumping Investigation from
the
Ministry of Commerce, China
 
Attending lectures on Defending Anti-Dumping
Cases 
- Market and Non Market Economies
at Akin Gump, LLC

 

Participating in this program were  Mr. Li Chuanfeng (Lawyer, Shandong Qilu Law Firm) head of the delegation along with Ms. Du Huaying (Lawyer, Shandong Bohanyuan Law Firm), Mr. Zhang Yi (Director, Shandong You Hua Law Firm), Mr. Cui Chuanzong (Lawyer, Dacheng Law Offices, LLP - Qingdao), Mr. Wang Yan (Partner, Shandong Zhongcheng Renhe Lawyer Firm), Ms. Zhang Wang (Partner, Director of IP, Shandong Chenggong Law Firm), Mr. Wang Yehua (Lawyer, Shandong Zhongchengrenhe Law Firm), Mr. Wang Hao (Lawyer, Shan Dong Hua Lin Law Firm), Ms. Ding Tingting (Lawyer, Shandong Kangqiao (Linyi) Law Firm), Mr. Cui Yutong (Shandong Kangqiao Law Firm - Qingdao), Mr. Zhao Cunshou (Deputy Director, Shandong Kaien Law Firm), Ms. Wang Jinlei (Partner, Deheng Law Firm - Qingdao High-Tech Zone Office), Ms. Sun Pingping (Lawyer, Shandong Dadiren Law Firm), Mr. Wang Xingfu (Lawyer, Shandong Luquan Law Firm), Mr. Yang Kai (Partner, Shan Dong Hero Law Firm), Mr. Li Yuan(Partner, Shandong Deyijunda Law Firm), Ms. Cui Baoling (Lawyer, Shandong Jinhairui Lawyer Firm), Ms. Zhang Yan (Lawyer, Shandong Yuanding Law Firm), Ms. Wang Yajuan (Lawyer, Shandong Huiyan Law Firm), and Mr. Shang Jie (Lawyer, Shandong Yajuan Law Firm).

 

IMG 4026 DSC 0038 U.S. - China Trade relations 1
Shandong Lawyers meeting with US Dept of
Commerce,
International Trade Administration
 Attending meetings at the World Bank Conference on US/China Trade Relations with
Stephen 
Kho, former Office of the U.S. Trade
Representative in 
the Executive Office of the
President. Mr. Kho was
Associate General
Counsel and principal attorney on all 
China
matters.

 

This extensive and specialized program incorporated over 60 specialist faculty members from academia, government offices, multi lateral organizations and from private legal practice.  ILI and the Shandong Lawyer delegation are humbled and thankful for the outpouring of support and expertise by our speakers, throughout this program.  ILI wishes to extend special appreciation to the law firms of Akin Gump Strauss Hauer & Feld LLP, Winston Strawn LLP, Axinn, Veltrop, Harkrider LLP, Chadbourne and Parke LLP, Steptoe and Johnson LLP, Holland and Knight LLP, Alston Bird LLP, Nelson Mullins LLP, Mayer Brown, Duane Morris LLP, Loeb & Loeb LLP, Kristein & Young PLLC, Grunfeld Desiderio Lebowitz Silverman & Klestadt LLP, and Adduci Mastriani & Schuamberg LLP for their internships and mentorships. ILI also wishes to thank the World Bank, Office of the US Trade Representative, US Senate, the US International Trade Commission, US Department of Commerce, US House of Representatives, and Mr. Li Guogang - Ministry of Commerce, China for their expert contributions.

 

This program is led by Patrick Macrory, Director of ILI's International Trade Law Center and was expertly supported by Ms. Emily Rae and ILI associates Ms. Zhang Xi, Mr. Gou Rongfei and Ms. Yang Rui.

 

DSC 2552      DSC 0289
Delegation attending a State Repection at the US Dept of State  Delegation celebrate their graduation with friends,
faculty and ILI staff

 

ILI would like to note the professionalism, expertise and dedication of this delegation.  We are assured of the value, drawn from their experiences in this program, that the delegation will bring back to their law firms, clients and province. ILI extends to our friends from Shandong, our very best wishes.

  

The Shandong Lawyer Delegations are administered by Ms. Guo Hui, Assistant Secretary General of the Shandong Bar Association, China and Mr. Robert Sargin, Deputy Director of the International Law Institute.

 

 

VASS1        VASS2
Prof. Bui Nguyen Khanh, Robert Sargin, Prof. Vo Khanh Vihn,   Vietnam Academy of Social Sciences Conference on
Prof. Don Wallace, Jr.,Prof. Ho Sy Don,Ms. Vo Thi Vuong Ngoc   Human Rights

 

 

ILI was honored to have recently hosted a delegation from the Vietnam Academy of Social Sciences.

Meetings were held between senior members of the Vietnam Academy of Social Sciences (VASS) and the leading American experts on human rights to provide VASS inputs and academic alliances in establishing and enhancing capacity training programs on the study and implementation of human rights in academic and legal venues. Vietnam has prioritized the enhancement of the countries human rights policies from its constitution and throughout its legal and academic infrastructure.

The Vietnam Academy of Social Sciences, established in 1953 is a research institution which provides trainings to all legal practitioners in Vietnam. The delegation was led by the distinguished Professor Vo Khanh Vinh, Vice President of VASS and Director of Graduate Academy of Social Sciences (GASS). Professor Vo was accompanied by Professor Bui Nguyen Khanh, Vice Director of Institute of State and Law; Professor Ho Sy Son, Vice Director of GASS; Ms. Luu Anh Tuyet, Vice Director of International Cooperation Department; and Ms. Vo Thi Vuong Ngoc, Head of General Division of Office of VASS.

On behalf of ILI were Professor Don Wallace, Jr - ILI Chairman; Robert Sargin - ILI Deputy Director; Kim Phan - ILI Executive Driector; Professor Arturo Carrillo - Professor of Law and Director of the International Human Rights Clinic at the George Washington Univerisity Law School; Ms. Brittany Benowitz, - Chief Counsel, Center for Human Rights, American Bar Association; Ms. Monika Mehta - Law Fellow, American Bar Association; Mr. O.  Hilaire Sobers - Human Rights Specialist at the Inter-American Commission on Human Rights,  Organization of American States; and Mr. Benjamin Weiner - Joffe Fellow/Advocacy Counsel on Human Rights Defenders Program, Human Rights First. ILI would like to thank all of the speakers who provided counsel and institutional support on these most important issues.

ILI would like to extend special appreciation to Ms. Dinh Thi Mai, Deputy Head of Science Management Department. Lecturer of Law Faculty, Graduate Academy of Social Sciences (GASS) for establishing this meeting and these important relationships.

ILI would also like to thank ILI Associates Ms. Zhang Xi, Mr. Gou Rongfei and Ms. Yang Rui and Mr. Thang Nguyen, American Univeristy for their significant contributions to the formation and success of this program.

 

China MOF1     China MOF2
Ministry of Finance - Department of Tariff Policy   Patrick Macrory Leads Lecture on
    Trade Remedies

 

The International Law Institute was pleased to host a recent conference on U.S. Policies on tariff and Trade Conflicts for the Ministry of Finance - Department of Tariff Policy for the Peoples Republic of China.

The delegation was led by Mr. Wang Xiaolong, Deputy Director General, Tariff Policy Department, Ministry of Finance.  Accompanying Mr. Wang were, Mr. Wang Honglin, Director – Tarriff Policy Dept, MOF; Ms, Pang Bo,  Principal Staff – Trariff Policy Dept, MOF; Ms. Jiang Hao, Principal Staff Member – Legal Dept, MOF; Mr. Hu Shaokui, Deputy Director – Financial Dept., Jilin Province; Mr. Shao Desheng, Principal Staff – Financial  Dept., Jinagsu Province; Mr. Chan Xiao, Director – Financial Dept. Zhejiang Province; Mr. Lin Weicheng, Principal Staff – Financial Dept, Fujian Province; Mr. Luo Shiyun, Principal Staff, Financial Dept, Jinagxi Province; Ms. Wang Haiyan, Assistant Consultant – Financial Dept, Shandong Province; Ms. Jin Junrui, Principal Staff – Financial Dept of Henan Province; Ms. Long Yi, Principal Staff – Financial Dept., Hubei Province; Mr. Guo Jianhua, Sr. Staff – Financial Dept., Hunan Province; Mr. Lu Changzhen, Asst. Consultant – Financial Dept., Guangxi Autonomous Region; Mr. He Dakun, Director – Financial Dept., Yunnan Province; Mr. Li Yu, Director – Financial Dept., Shaanxi Province; Mr. Ma Dongsheng, Principal Staff – Financial Dept., Xinjiang Uyghur Autonomous Region.

The conference focused on Tariff and Trade Remedies; Roles of U.S. Federal Agencies on Trade and Remedies and New Government Policies; WTO and Remedies; Provisions for Protected Industries; Cost-Benefit Analyses; WTO Anti-Dumping and Countervailing Duties Measures;  Current Studies on Protectionism; Case Studies; Role of US Customs on Tariff and AD/CVD Enforcement; and US Foreign Trade Policy, Trends and Related Laws and Regulations.

This conference was hosted jointly by Robert Sargin, ILI Deputy Director and head of ILI's Asia initiatives, and Patrick Macrory, ILI's Center Director – International Trade Law.  ILI wishes to extend special appreciation to Mr. Craig Lewis, (Partner - Hogan Lovells) and Erin Ennis (Vice President of the US China Business Council) for their important contributions to this program.

ILI would also like to thank ILI Associates Ms. Zhang Xi, Mr. Gou Rongfei and Ms. Yang Rui for their significant contributions to the formation and success of this program.

 

Arthur J. Rynearson, Legislative Drafting Step-by-Step International Law Institute and Carolina Academic Press (2013)

Don Wallace, Jr.*

Arthur Rynearson’s book is principally intended for, and indeed dedicated to, the professional legislative draftsmen of the United States Congress.  But wittingly, or otherwise, this is a book for almost any lawyer, or non-lawyer, here in the United States or anywhere, interested in constitutions, government, the rule of law, or indeed mental and intellectual clarity.  It is a superb book, whose quality may be obscured by its accurate but modest title.  In this respect, the title reflects the character of the author: a superb craftsman, of deceptively modest demeanor.

I have been an occasional drafter of laws, and observer of the same, in Egypt, Indonesia, Rwanda, Georgia, Qatar, the Caribbean and elsewhere, as well as a longtime delegate to the United Nations Commission on International Trade Law (UNCITRAL) and active in the International Institute for the Unification of Private Law (UNIDROIT), bodies often engaged in the drafting of model laws.  In my work, I have also encountered the storied institution of the Parliamentary draftsmen of the British tradition.  In spite of all this and a love of drafting and its central place in the calling that is law, I never truly, or even slightly, appreciated the heights of creative skill, art and learning entailed in the work of the first class legislative drafter.

Arthur Rynearson’s quarter century career as legislative draftsman, ultimately as Deputy Legislative Counsel of the United States Senate, enables him to draw on the experience of drafting literally thousands of legislative instruments for the US Senate.  But the depth and breadth of the work makes it, in my view, of equal value for draftsmen in state and municipal chambers, and for non-Americans, a point that Arthur makes in the book.  He has taught draftsmen from all over the world, notably at the International Law Institute, of which I am Chairman.  In my view the book has a double value for draftsmen from countries with developing legislatures: (i) it instructs in the science and art of drafting; but (ii) and possibly more profoundly, a close study of the book shows the way to the essential elements of a legislature necessary for good laws: professional drafters, respect between drafters and their bosses and partners the legislators and other policy makers, the need for staff and sufficient preparation time, etc.

If you are a contract drafter, or a will drafter as I once was in private practice, you may think you know what drafting is: you draft, you hope the instrument, the deal, the estate plan, holds up, or if not, that a court or arbitrator, applying known canons of construction, will uphold what you have done. Legislative drawing is much more.  It can provide a level of excitement, maybe not known to the rest of us. As Arthur notes, “Time often flies while drafting [legislation]”.

Properly done, well made legislation, quite literally promotes the rule of law and democracy, through transparency if the legislation is clear, accountability through enabling legislative oversight of the executive, due process and legality, if the law is unambiguous and not vague, and constitutionalism by respecting the separation of legislative and executive functions.

Rynearson breaks down the legislative drafting process into five steps: (i) legalize; (ii) formalize; (iii) integrate; (iv) organize; (v) clarify. As you read into each of these, the rich and challenging world of legislative drafting reveals itself.

“Legalize” involves all the expected strictures of good drafting, from proper subject (eg the President), through verb forms and compliance with a sophisticated Constitution.
“Formalize” makes one think about bills, resolutions, and about amendments and the vexations of amending an intricate existing statutory system.
“Integrate” raises questions of just what existing law is being changed, whether  the new and changing language is to be “freestanding” or knitted into the existing language and many such conundrums.  And the reader is reminded of the differences between an Act of Congress, Public Law, the Statutes at Large, the United States Code and suchlike.
“Organize” When one thinks of some of the complex legislation of our time, whether for example the Affordable Care Act or Dodd-Frank, it is clear that organizing and drafting the same can be a formidable task indeed. And we learn about the “Tax Style” of drafting.“Clarify” takes us into the world of ‘intentionalist” and “new textualist” judges, and incidentally assesses the relative merit of “definitions” and “cross-references”.
I cannot begin to do justice, in a short review, of the literally hundreds of fascinating nuggets in this book.  It must be read to learn of them.

There is very a detailed table of contents, a useful index and more than 50 pages of exercises (and answers!).

To conclude: it has been an almost unadulterated pleasure to read this book. I heartily recommend it.

 

* Professor of Law, Georgetown University Law Center, and Chairman, International law Institute Properly done, well made legislation, quite literally promotes the rule of law and democracy, through transparency if the legislation is clear, accountability through enabling legislative oversight of the executive, due process and legality, if the law is unambiguous and not vague, and constitutionalism by respecting the separation of legislative and executive functions.