ABOUT
ILI Partners with International Finance Corporation [IFC - World Bank Group]
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| From IFC Fady Zeidan, Ethiopis Tafara, and from ILI Prof. Don Wallace Jr. and Robert Sargin |
December 1, 2017 — IFC Legal Department has teamed up with the International Law Institute (ILI) to create the “Certificate Program for Legal Skills in Private Sector Financing.” The program seeks to strengthen legal skills of in-house counsel within private and public sector organizations so that they are better equipped to expand private sector financing in emerging markets.
ILI Joins Belts and Road International Law Association
International Law Institute is very pleased to announce that it has been invited and has accepted to be a founding member of the new Belt and Road International Lawyers Association [BRILA] established this year by the All China Lawyers Association [ACLA].
Founded in 1986, the All China Lawyers Association [ACLA] is the bar association of the People’s Republic of China. The aim of the ACLA is to unite and educate its members to protect the dignity of the Constitution and law; to be faithful to the legal profession and abide by professional ethics and rules of conduct; to defend lawful rights and interests of its members; to enhance professional competence of lawyers; to strengthen professional self regulation in order to promote sound development of the legal profession and endeavor to build up socialist state with rule of law and to develop social civilization and progress. It has 31 provincial branches and over 330,000 individual members.
In 2013, China launched policies to increase trade and international development throughout 50 countries, known as the Belt and Road Initiative. Projects carried out under this framework will expand international cooperation and development with over one hundred participating and vested countries and international associations.
To enhance international legal cooperation and exchange, ACLA has established BRILA, a non-governmental, non-profit professional international association comprised of lawyers, law firms, bar associations and international partners. It will serve as a platform to promote exchange and cooperation between participating members; enhance communication between parties; and improve commercial and trade relations.
ILI conducts programs with government entities worldwide. Since 1978, ILI has worked closely with China on matters involving economics, law, infrastructure, trade, investment, intellectual property, and training of government officials, legal practitioners, and private sector officers. In 2017 ILI and ACLA partnered to train a senior level delegation of foreign-oriented Chinese lawyers, who will likely be involved directly with Belt and Road matters.
[http://www.ili.org/about/news/850-ili-welcomes-all-china-lawyers-association.html]
ILI is pleased to have been invited to join as a founding member of such a prestigious and forward looking bar association as BRILA. As with each of ILI’s country relations, we are humbled to participate and provide technical input to support international economic development and prosperity through the rule of law.
ILI and ICC Announce the Release of Business Guide to Trade and Investment
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The International Law Institute is pleased to announce the publication of “Business Guide to Trade and Investment”, Volume 1 – International Trade, edited by Arthur Appleton and Patrick Macrory, and published by the International Chamber of Commerce ICC, in partnership with the International Law Institute. This volume introduces business interests to the international and regional rules applicable to trade in goods and services as well as to aspects of trade such as intellectual property rights and dispute settlement. The second volume, to be published in early 2018, will cover investment agreements. According to John Donilovich, Secretary General, International Chamber of Commerce For over forty years, “In this volume business executives will find a wealth of insights on the rules and institutions that govern international trade today and what they mean for their global growth strategies.” Patrick Macrory, who is the Director of the International Trade Law Center at the ILI, has worked in international trade and cross-border transactions globally for over forty years. Considered an expert in the field of trade, Mr. Macrory has litigated, advised and trained officials and practitioners globally on international trade matters, with specific focus on trade remedies and customs law. |
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There are many books on trade and investment written for lawyers by lawyers. But there are very few books, if any, written for business and government officials who are not lawyers.
The purpose of the book to help businesses understand how they can take advantage of trade and investment agreements, by removing barriers to their exports, by proving relief against imports that are harming them, or by protecting their foreign investments. For example the book includes a case study of how the US and European liquor industries used trade agreements to get rid of highly discriminatory tax treatment, favoring local producers, in a number of countries, including Japan, Colombia, India, and Chile.
Both. The book is published by the International Chamber of Commerce and will be made available to country chambers of commerce and their members internationally. It is designed for commercial sectors of country members of the WTO or those operating within bi-lateral and regional trade agreements and whose members wish to open markets, better understand competition, and work more intelligently to protect their investments.
The book is about international law standards (although these standards are incorporated into the domestic law of each WTO Member). We expect that the book will be used worldwide.
All the areas are important, but different groups will be more interested in some parts than others. For example, a business that is exporting a lot will be most interested in learning how it can use the agreements to break down trade barriers. Conversely, a producer that is facing competition from imports will be more interested in learning about trade remedies. A business with overseas investments will focus on the type of protection that it may receive under international investment agreements. The first volume deals with trade. It discusses the World Trade Organization, how it came into being, what it does, the rules that it applies that are so fundamental to trade, and the quite effective way in which it resolves disputes between its members. This volume also discusses the remarkable growth of regional trade agreements, which now account for more than half of world trade. The second volume, which will be published early in 2018, deals with international investment agreements, of which there are now well over 2,000. They are designed to protect foreign investors against unfair treatment by the host governments, such as expropriating their property without compensation. Specific issues in Volume 1 include: Fundamental rules governing international trade
One important topic is the so-called “trade remedy”, which allows an industry that is being harmed by imports to obtain relief in the form of higher duties (or occasionally quotas). This is a very controversial subject, as witnessed by the fact that nearly half of the over 500 disputes handled by the WTO have involved trade remedies. The book describes the practical steps business needs to take to obtain this relief.
We asked all the contributors to write in simple, straightforward English (and to avoid using Latin where possible).
I would hope not, though someone with that background might get more out of the book. We try to present the subject step by step, with practical tips (in bold typeface) along the way. It is written in a way that is meant to be very accessible.
Yes, the chapters are heavily end-noted with references to books, articles, etc. And we provide links to useful WTO and government websites.
An understanding of how they can utilize trade and investment agreements to further their business interests in a fair and controllable way.
The International Chamber of Commerce is based in Paris and the International Law Institute, Washington, DC.
With a global network of over 6 million members in more than 100 countries, the ICC promotes international trade, responsible business conduct and a global approach to regulation. |
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Patrick Macrory, Joaquin Avendaño, Economic Affairs,
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Mr. Macrory has served as Co-Chairman of the International Trade Committee of the American Bar Association; served as Visiting Associate Professor of Political Science at the International Christian University in Tokyo, Japan; taught trade law courses at the Washington College of Law at American University and the University of London; He also teaches regularly at the International Law Institute’s headquarters in Washington, D.C., and at its affiliates in Uganda, Egypt, Turkey, and Nigeria. He has also taught in, Beijing, Korea, China, Canada, Saudi Arabia, India, Nepal, Switzerland, Kyrgyzstan, the Bahamas, Jordan, Barbados,, ,the Dominican Republic. Botswana, Rwanda, Uganda, Zambia, Tanzania, Malawi, and Myanmar. Mr. Macrory designed and delivers courses for the Foreign Service Institute (the teaching arm of the U.S. State Department) to instruct foreign service officers and other U.S. government officials on monitoring compliance with the WTO and other trade agreements. In 2003 he advised the People’s Bank of China on WTO aspects of banking law reform. In 2004 he led a team that provided WTO training to 250 senior Chinese judges. Mr. Macrory has worked on two projects with the Pacific Islands Forum Secretariat, the first in connection with the extension of the Pacific Island Countries Trade Agreement to trade in services, and the second in connection with the negotiation of an Economic Partnership Agreement with the EU. He assisted the Government of Botswana in its preparation for the negotiation of a services chapter to the free trade provisions of the Southern African Development Community. Mr. Macrory was Editor-in-Chief of a major work on the World Trade Organization, titled ‘The World Trade Organization -Legal, Economic, and Political Analysis”. The book contains more than eighty chapters and 3000 pages, providing comprehensive legal, political, and economic analyses of the WTO, written by many of the leading academics, practitioners, and government officials in the world. Drawing on his expertise, Mr. Macrory co-directed the development of this publication to teach best practices in international trade.
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ILI Welcomes All China Lawyers Association
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| ACLA attending oral arguments at the U.S. Supreme Court |
Mr. Richard Holbrook, Partner and Mr. Jonathan Nesher, Associate at Crowell & Moring, LLC hold breakout discussions with ACLA on investment laws of the U.S. |
ACLA attends 2-day conference at |
The International Law Institute was privileged to have received a distinguished delegation of accomplished and technically sophisticated international lawyers selected by the All China Lawyers Association to attend conferences and training focused on matters related to international trade, investment, and commercial transactions within the U.S. and abroad.
Founded in 1986, the All China Lawyers Association [ACLA] is the bar association of the People’s Republic of China. The aim of the ACLA is to unite and educate its members to protect the dignity of the Constitution and law; to be faithful to the legal profession and abide by professional ethics and rules of conduct; to defend lawful rights and interests of its members; to enhance professional competence of lawyers; to strengthen professional self regulation in order to promote sound development of the legal profession and endeavor to build up socialist state with rule of law and to develop social civilization and progress. It has 31 provincial branches and over 330,000 individual members.
Since 2013, ACLA has organized programs funded by the Ministry of Justice of China targeted at training senior foreign-oriented lawyers who are proficient in international legal affairs. This is the first year that ACLA has cooperated with the International Law Institute to conduct such a program.
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| Crowell & Moring, LLC conducts panel discussion on Chinese investments in the U.S., including Market Access, Labor, Security Review, Intellectual Property, and Taxes |
ACLA meets with the AFL-CIO to discuss organized labor relations in the U.S. |
Michael Bednarek, Partner at Adams & Reese, LLC hosts a reception for ACLA delegation. Adams & Reese hosted Ms. Han Jun and Mr. Yang Qing as visiting lawyers |
This year’s program focused on practical issues related to: International Trade; Cross-Border Investment; Investment by Chinese entities into the U.S.; Securities and Exchange; Anti-Corruption and Anti-Money Laundering; Employment and Labor Law; Multilateral Development Organizations and MDB projects, funding, oversight, and sanctions; and Intellectual Property.
In addition to lectures, lawyers were placed in prestigious international law firms in DC as visiting layers, to better understand from their U.S. peers organizational and financial structure of those firms, their general and personnel management, training and evaluation of lawyers, law firm marketing, and international expansion strategies. Lawyers also engaged in topic discussions with experts from various practice groups within each law firm.
Firms complemented these engagements with social receptions, which further strengthened the bonds between senior level lawyers from both China and the US.
The five-week program consisted of lectures and site visits seminars presented by government officials, practicing lawyers and policy experts.
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Mr. William Black - Greater Washington China Investment Center, |
Lectures detailed the U.S. legal system; qualifications for practicing law in the U.S.; international trade and investment systems WTO and BITS; trade in goods and services; regional trade agreements; subsidies, antidumping and countervailing duties; non-trade remedies, non-tariff barriers; Section 337; investigations; custom issues, trade facilitation agreements; dispute settlement mechanism; development of trade policies in the U.S., analyses of U.S. – China bilateral trade arrangements; legal framework of U.S. investment laws, national security reviews and FCPA; overview of the U.S. financial markets; capital markets and risk management; case analyses of Chinese investment in the U.S. - lessons learned and strategic investment advice; investment checklists; SEC oversight and securities regulations; US corporate regulations and structures; special state protections and tax advantages; anti-corruption, anti-money laundering; cross-border cooperation; employment law and organized labor; dispute settlement; overview of multilateral development institutions and MDB projects; PPPs; due diligence, procurement, sanction systems; integrity compliance mechanisms; intellectual property protection, trademark procedures and EPC contracts.
The program provided the delegation greater understanding of the U.S. and international transactional issues and composed dispute resolution strategies. It is our collective hope that this program marks the start of a stronger cooperation between ACLA and ILI.
The delegation was led by Ms. HAN Jun, Partner at V & T Law Firm (Shenzhen). It was further comprised of Mr. LIAN Zheng, Partner at Fujian Xufeng Law Firm; Mr. WEI Jinji, Partner at Beijing Dentons Law Offices LLP (Shenzhen); Mr. XIE Yongfa, Division Director of Law and Regulation Division at Hebei Provincial Department of Commerce; Mr. YANG Qing, Partner at Zhonghao Law Firm; Mr. TU Chongyu, Partner at The Universal Legal Corp.; Ms. JI Xuefeng, Partner at Beijing Dentons Law Offices LLP (Tianjin); Ms. YE Shuli, Partner at Beijing DHH Law Firm; Ms. WANG Yang, Managing Director at Beijing Guantao Law Firm; Mr. GESANGCIREN, Lawyer at Tibet Chomolungma Law Firm; Mr. CHEN Yuhang, Managing Director at Guangxi Shengtao Law Firm; Mr. YU Yubin, Partner at Shanghai Duan & Duan (Xiamen) Law Firm; Ms. MENG Qihong, Lawyer at Beijing Dentons Law Offices LLP (Harbin); Ms. WANG Jing, Lawyer at Beijing Zhong Lun (Wuhan) Law Firm; Ms. LI Lu, Partner at Beijing Jincheng Tongda & Neal Law Firm; Mr. GU Chaoping, Director at Shanghai Duan & Duan (Chengdu) Law Firm; Ms. TANA, Partner at Jingshi Law Firm; Mr. MIAO Jianwen, Partner at AllBright Law Offices; Mr. ZHOU Dayong, Partner at Beijing Dentons Law Offices LLP (Kunming); Mr. YANG Zhenfa, Lawyer at Yunnan Datao Law Firm; and Ms. LI Weiran from All China Lawyers Association.
This program was supported by the expert inputs from well over 60 contributing speakers and over 35 supporting organizations. ILI respectfully acknowledges the immeasurable expertise, contributions and program support from Crowell & Moring, LLP; Akin Gump Strauss Hauer & Feld, LLP; Jones Day; Dentons, LLP; Covington & Burling, LLP; Holland & Knight, LLP, Adams & Reese, LLP; Adduci, Mastriani & Schaumberg, LLP; Curtis, Mallet-Prevost, Colt & Mosle, LLP; Skadden, Arps, Slate, Meagher & Flom, LLP; Fox Business School, Temple University; International Trade Law Center; Hogan Lovells US LLP; Appleton Luff; Sidley Austin LLP; Berliner Corcoran & Rowe LLP; Cato Institute; Office of the United States Trade Representative; George Washington University; Greater Washington China Investment Center; Condor International Advisors, LLC; U.S. China Policy Foundation; William W. Uchimoto Law; United States Department of Justice; Webster & Fredrickson, PLLC.; AFL/CIO; The World Bank; United States Patent and Trademark Office; Construction Risk LLC; American Bar Association; and Nyugen & Chen LLP.
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| ACLA meets with Ms. Audrey Winter at the Office of the U.S. Trade Representative [USTR] on U.S.-China trade issues |
Mr. Stuart Kerr, Counsel at the law firm of Jones Day, with ACLA visiting lawyers Ms. Li Lu and Mr. Miao Jianwen |
ACLA conducts meetings with the American Bar Association [ABA] |
Special appreciation to ILI Associates, Mr. HUANG Qifan and Mr. XU Zhanqi; Ms. WANG Kun and Ms. FANG Lijuan, from Beijing Future-Land Information Consulting Co, Ltd. [ILI China Representatives].
Program development and oversight by Robert Sargin, ILI Deputy Director.
RELATED ARTICLES:
Covington & Burling LLP: https://mp.weixin.qq.com/s/3kM1F4fZiQtfMLWNrATltQ
Cross Border Insolvency Conference in India Sponsored by: NLUD, CTCL, UNCITRAL, ILI
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The International Law Institute is honored to announce
2017 UNCITRAL ASIA PACIFIC DAY
CENTRE FOR TRANSNATIONAL COMMERCIAL LAW (CTCL)
NATIONAL LAW UNIVERSITY, DELHI
“INSOLVENCY RESOLUTION AND CROSS BORDER INSOLVENCY”
“1st Year of IBC: Tracing its journey, challenges for building the road ahead”
This program will be undertaken on October 27th in New Delhi followed by a Roundtable Stakeholder Consultation on “Insolvency Resolution” on October 28th.
These programs are developed by the Centre for Transnational Commercial Law and the National Law University, Delhi and under the general direction of Dr. Risham Garg to address current status and advances pertaining to the insolvency laws and practice of India both domestically and cross border.
These programs are further supported and co-sponsored by UNCITRAL, the Insolvency and Bankruptcy Board of India, P&A Law Offices; United Nations Coordination Committee India, SIPA and the International Law Institute.
The Theme:
The enactment of the Insolvency and Bankruptcy Code (IBC) was seen as a watershed moment for the Indian economy as it introduced a modern framework to deal with the insolvency of individuals and corporate entities. While the personal insolvency regime is yet to be enforced, the corporate insolvency regime is up and running. A new ecosystem for corporate insolvency comprising of the Insolvency Professionals, Insolvency Professional Agencies, Insolvency and Bankruptcy Board of India and National Company Law Tribunal has already been set in place in with the aim of promoting entrepreneurship and innovation. Touted as the biggest economic reform next to only the GST, the Code marks a paradigm shift in terms of being a single comprehensive law on insolvency in the country; providing time bound mechanisms for resolution of insolvency and making a sharp transition from debtor in possession to creditor in control. Due to these unique features, the Code was hailed by the creditors and debtors alike.
However, as the euphoria subsides and jurisprudence starts to develop, various challenges have started coming to the fore. Like any law, the success or failure of the IBC depends on its effective implementation. To promote this aim of successful implementation of the Code, this year’s UNCITRAL Asia Pacific Day is being organised on the theme of “Insolvency Resolution and Cross-Border Insolvency”. The Symposium puts the current issues and challenges in the spotlight by demarcating four specific sessions and invites various stakeholders under the Code to participate in this discussion to come up with effective solutions for the future.
Sessions:
Issues in Implementation of IBC
Personal Insolvency
Issues in Corporate Insolvency Resolution Process
Emerging Jurisprudence
UNCITRAL Model Law on Cross-Border Insolvency
Brochure & Detailed Program Schedule and Speakers:
http://nludelhi.ac.in/UploadedImages/3e881844-d911-49bd-ba09-344d2fe808a1.pdf
http://nludelhi.ac.in/UploadedImages/e3554309-9c91-4c65-8e51-c19b5ac38f51.pdf
http://nludelhi.ac.in/UploadedImages/47437423-a8da-456a-90a9-d43f861b5578.pdf
To Watch Live or Archived Webcast:
National Law Univ. Delhi: http://nludelhi.ac.in/up-event1.aspx?id=3054
Website or Mobile Phone: http://www.streamonweb.com/webcast/nlu
Facebook: https://www.facebook.com/nludelhi
YouTube: https://www.youtube.com/user/NLUNewDelhi/videos
ILI Hosts Supreme People’s Court of China
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| Supreme People’s Court delegation headed by Mr. QIAN Xiaochen with Dr. James Apple, Mr. Robert Sargin and Ms. Rachel Kyes |
The International Law Institute was honored to have hosted a distinguished delegation from the Supreme People’s Court of China on the topic of Technology in Case Management and Court Services.
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| Ms. Rachel Kyes from the U.S. Department of State and Mr. Jason Edwards; Mr. Mark Fox from the Administrative Office of the U.S. Courts; Ms. BAO Lei and Mr. HUANG Qifan |
Discussions on court data analytics, system architecture, and operational reporting. |
ILI Welcomes Nigerian Delta State House of Assembly Delegation
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Group photo of Nigerian Delta State House of Assembly Delegation in Annapolis, Maryland |
The International Law Institute [ILI] was pleased to welcome 35 members and staffers from the Nigerian Delta State House of Assembly to attend our seminar on legislative strategic management and leadership. The seminar was presented from July 31st to August 4th, throughout which the participants were able to speak to and learn from professionals with decades of experience from working for the U.S. Congress.
Kenneth Kraft, a former Deputy Chief of Staff for U.S. Representative David Hobson, who has also served as a counsel on the Appropriations Committee, was the Course Advisor for this training. Mr. Kraft has worked on analyzing the U.S. budget for several years, and was able to share his insight on budget monitoring and utilization.
On Wednesday, the group from Delta State was able to travel to the Maryland State House and meet with the Executive Director of State Legislative Services. Having the wonderful opportunity to use the Joint Meeting room of the General Assembly as the classroom for the day, the participants learned how Maryland goes about their unique budget process, the role of the Governor, and legislative oversight. The group was then able to tour the Maryland State House, once served as the Capital of the United States, (as the meeting place of the Continental Congress).
To conclude the seminar, the participants were continued their experiential learning by visiting the U.S. Capitol, the ultimate site for legislative oversight. Here, the participants learned more about the founding of the United States after the Revolutionary War, and were able to put some of the topics they had learned about into perspective by seeing where legislation is created.
The ILI looks forward to working with the Delta State House of Assembly again and hopes they learned valuable skills they will be able to integrate into their own system.
ILI Hosts Judges from Inter-Governmental Action Group Against Money Laundering in West Africa
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Supreme Court Justices and Court of Appeals Judges from Anglophone Member States of |
The International Law Institute [ILI] was pleased to welcome a delegation of Supreme Court Justices and Court of Appeals Judges from Anglophone Member States of the Inter-Governmental Action Group Against Money Laundering in West Africa [GIABA] on a Study Tour from August 7 to 11, 2017. The representative countries include Nigeria, Liberia, Ghana, Sierra Leone, and The Gambia.
The seminar focused on Enhancing the Implementation of Robust Anti-money Laundering and Combating the Financing of Terrorism [AML/CFT] Measures in West Africa.
The mission of the ILI is to raise the levels of professional competence in all nations so that they may achieve practical solutions to common problems in ways that suit their needs. Through its commitment to fostering prosperity around the globe, the ILI has provided professional training and technical assistance to 31,000 government officials, legal and business professionals, and scholars from 186 countries.
GIABA’s mandate is to build the capacity of relevant officials in its Member States to effectively respond to the risks and threats of economic and financial crime, particularly money laundering and the financing of terrorism. Since 2008 GIABA has, in line with this mandate, organized nine Regional Capacity Building Seminars on Economic and Financial Crime for superior court judges responsible for the adjudication of cases involving economic and financial crimes in their respective countries.
Participants in these seminars recommended that Member States of GIABA should consider organizing international study tours in countries with judicial systems that are advanced in prosecuting economic and financial crimes. These study tours would allow the judges to collaborate with their counterparts in the host countries and discuss best practices. Consequently, the ILI is honored to have been selected to host the International Study Tour for Judges of Anglophone GIABA Member States.
Economic and financial crimes and their effects on global communities’ peace and security have become issues of great significance within the international community, and the West African region is no exception. Research studies conducted by GIABA have shown that despite an alarmingly high rate of criminal activity in GIABA Member States, few convictions have been made for such offenses. In addition, confiscation of the proceeds of crime and recovery of stolen assets are minimal.
Weakness in legislation is partly responsible for the present situation, but other contributing factors include lack of judicial independence resulting from undue executive influence, an elementary understanding of economic and financial crime and comprehensive investigation methods, social tolerance to corruption, and fear of retribution.
In order to address these findings, the specific topics covered within the seminar in addition to anti-money laundering included corruption, cybercrime, human trafficking, migrants smuggling, racketeering, financing the proliferation of weapons of mass destruction, and international initiatives adopted to combat these criminal activities.
Several high level speakers addressed the group, including officials from the Federal Bureau of Investigation, the Department of Justice, the International Monetary Fund, attorneys from the law firm of Wily Rein LLP, and members of the Judiciary. The group was also hosted by the US District Court in Baltimore.
According to Gina Wood, Legal Officer of GIABA, the Study Tour provided the judges with a wealth of knowledge - derived from both content and the quality of facilitation - that will assist in their effective adjudication of cases on economic and financial crime. “The judges are extremely grateful to GIABA and the ILI for making this possible,” she says.
The ILI looks forward to future cooperation with GIABA and values the opportunity to assist GIABA in its important work.
By: Surovi Bain
ILI Welcomes China Law Society for Judicial Accountability Program
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China Law Society attending a conference at the US Senate Judciary, | China Law Society at the US Supreme Court |
The International Law Institute was again honored to have received an esteemed delegation of senior legal scholars, practitioners, and government representatives from China Law Society.
This was the third program in as many years, focusing on systems to ensure judicial accountability in the US.
China Law Society (CLS) is a nationwide professional and academic organization, serving as a bond between Chinese legal professionals and legal practitioners. It plays an important role in developing the legal system, fostering legal research, and promoting the rule of law in China. China Law Society, its affiliated associations and local branches have actively organized legal professionals and practitioners in China to participate in the nation's legislation, judiciary, law enforcement and law popularization activities, have conducted legal researches and exchanges of multi-subjects, multi-levels and broad-fields, thus have made certain contributions to promoting rule of law in China, and to advance the development of the rule of law in China and to advance social prosperity.
Established in 1949, China Law Society now has 32 provincial branches, 56 affiliated associations and nearly 300,000 members. It serves at a very high level of prestige and input to the Chinese government and legal community and provides substantive legal impact both domestically and internationally. [www.chinalaw.org.cn]
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| Deputy Chief Michael Connolly, San Francisco Police Department lectures on Professional Standards of State Law Enforcement | Barbara Ward, U.S. Department Of Justice, Department of Professional Responsibility reviews Responsibilites and Oversight of US DOJ Prosecutors |
As a major channel of foreign legal exchanges in China, China Law Society maintains relations with more than 800 legal institutions from over 100 countries and regions globally. China Law Society maintains Memorandum of Mutual Cooperation with over 135 institutions from 88 countries. In cooperation with their international partners, China Law Society has conducted broad cooperation in mutual visits, academic studies, as well as legal professional training. *
The International Law Institute conducted training in 2015 with the China Law Society on “Judicial and Prosecutorial Independence; Selection Procedures of Judges and Prosecutors; and Oversight and Management Mechanisms”. That program provided the China Law Society thorough and diverse views and practices of the US judicial system and facilitated deeper comparative analysis of legal systems between US-China national systems, leading the China Law Society to submit a number of judicial reform recommendations upon their return to China. Selected recommendations by CLS were subsequently approved and enacted this year. In 2016, training on “Distribution of Judicial Powers” was also conducted by the International Law Institute and was well-received.
Discussion points for this training continued to focus on U.S. judicial practices, policies, and oversight systems. Detailed discussion points included introduction to the U.S. legal system; judicial accountability and effectiveness; role of the media and trust in judicial transparency; enforcement of court orders and judgments in criminal and civil cases; administrative litigation; safety of court personnel; professional standards and accountability of the federal police, judges, prosecutors, defense attorneys and state/local police; ethics and oversight of federal prosecutors; rights of the accused; U.S. jury system and witnesses; judicial and court training and support organizations; role of congress on the selection of judges; rules of evidence; precedents in the us court and guiding cases in china; procedure and independence of judicial elections; oversight of state judges; public law; court and case management and efficiencies; court technology; among others pertinent issues.
Training was conducted in Washington, DC and San Francisco.
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| Victoria Henley, Chief Counsel California Commission on Judicial Peformance | Dr. Mei Gechlik discusses China Guiding Cases and US Precedent |
The delegation was led by Mr. WANG Wei, Deputy Director-General of China Legal Exchange Center. The delegation was further comprised of: Mr. HUANG Jianzhong, Vice-President and Secretary-General of Law Society of Henan Province; Mr. LIN Hongwu, Director of Personnel Department of China Law Society; Mr. Zhang Tao, Deputy Director-General of Research Department of China Law Society; Mr. YANG Jianjun, Vice-President of Law Society of Shaanxi Province; Mr. ZHANG Liang, Executive Council Member of Law Society of Tianjin; Ms. MA Yan, Deputy Director-General of Beijing Justice Bureau; Mr. LI Dong, Executive Council Member of Law Society of Guangxi; Mr. WANG Jianhua, Director of Personnel Dept of the Third Branch of People’s Procuratorate of Chongqing; Mr. SUN Changguo, Deputy Procurator-General of People’s Procuratorate of Harbin; Mr. LI Xiaoyun, Deputy Secretary-General of Law Society of Qinghai Province; Mr. BAO Huimin, Director of Trial Administration Office of Shanghai Higher People’s Court; Mr. LI Yong, Deputy Director of Civil Procuratorial Dept of People’s Procuratorate of Jilin Province; Mr. WANG Lei, President, Research Fellow of Xinjiang Social Sciences; Mr. GUO Zhiyuan, Dean, Professor of Law School of Anhui University; Mr. ZHOU Chang, Council Member of Law Society of Hubei Province; Mr. ZHANG Xiaoqiang, Council Member of Law Society of Gansu Province; Ms. GUO Linjia, Secretary-General of Law Society of Chengdu; Mr. ZHANG Fan, Deputy Dean, Professor of Law School of Guizhou Minzu University; Mr. LI Gang, Deputy Director of Membership Department of China Law Society; Ms. LI Lei, Deputy Director of General Affairs Office of China Law Society; Mr. PENG Qiang, Judge of Higher People’s Court of Guizhou Province; and Ms. GUO Lin, Interpreter of China Legal Exchange Center.
This program was supported by the expert inputs from an assembly of training partners from the U.S. federal and state governments; law firms, and private sector legal organizations. ILI respectfully acknowledges the immeasurable expertise, contributions and program support from Prof. Michael Cedrone, Georgetown University Law School; Ms. Debbie Galloway, Mr. David Lindquist, Mr. Michael Wigglesworth and Ms. Erin Palmer, Administrative Office of the U.S. Courts; Prof. Stephen Wermiel, American University Washington College of Law; Ms. Kristina Browning, National District Attorney Association; Mr. William Geoffrey Anderson, Attorney; Honorable William Froehlich, U.S. Federal Administrative Judge; Ms. Laura Joyner, National Center for Judicial Security US Marshals Service; Mr. Charles Gravis, Federal Bureau of Investigation; Ms. Elizabeth Andersen, Ms. Denise Cardman, Ms. Ellyn Rosen, Mr. Dennis Rendleman and Ms. Mary McDermott, American Bar Association - Rule of Law Initiative; Ms. Tammy Reno, Mr. Kebharu Smith, Ms. Peng Wu, US Department of Justice; and Ms. Barbara Ward, U.S. Department Of Justice; Mr. Cory Carlyle and Ms. Jennifer Wicks, DC Association of Criminal Defense Lawyers; Mr. William Collins and Mr. Eugene Ohms, Public Defender Service for the District of Columbia; Mr. Louis Kelly and Ms. Sue Bailey-Jones, Superior Court of District of Columbia; Mr. James Chance, Federal Judicial Center; Ms. Katharine Willey, U.S. Senate Judiciary Committee; Mr. Chris Gauger and Mr. Jeff Adachi [Public Defender of the City and County of San Francisco], San Francisco Public Defenders; Dr. Mei Gechlik, Ms. LIN Jie and Ms. Helen Su, Stanford University China Guiding Cases Project; Mr. Peter Su, Partner and Member, Intellectual Property and Technology Practice, Dentons US LLP; Mr. YANG Qianwu, Senior Partner at Dentons Law Firm (Shenzhen); Deputy Chief Michael Connolly, San Francisco Police Department; Mr. Gregory Slocum, San Francisco Department of Elections; Ms. Victoria Henley - Chief Counsel, California Commission on Judicial Performance; Ms. Louis Renne and Mr. Jon Holtzman, Renne Sloan Holtzman Sakai LLP; and Ms. Laura Speed, Mr. Cory Jasperson, Mr. Robert Oyung, Ms. Francine Byrne, Ms. Heather Anderson, Ms. Heather Pitt and Ms. Jeannette Vannoy, California Judicial Council.
Program development and oversight by Robert Sargin, ILI Deputy Director. Special appreciation to ILI Associates, Mr. Lixun Chen and Mr. Qifan Huang; Ms. Wang Kun, Beijing Future-Land Information Consulting Co, Ltd; Mr. Tony Zhao and Ms. Landy Tu, interpreters.
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| Elizabeth Andersen, Director Rule of Law Initiative, American Bar Association, discusses Professional Standards of Judges | Mr. Cory Jasperson Director of Governmental Affairs Judicial Council of California led discussions on Court and Case Management and Technology |
RELATED ARTICLES:
CHINA LAW SOCIETY PROGRAM ARTICLE: http://www.clec.org.cn/plus/view.php?aid=1011
STANFORD UNIVERISTY GUIDING CASES PROJECT ARTICLE: https://cgc.law.stanford.edu/event/guiding-cases-seminar-20170731/
CALIFORNIA COURTS ARTICLE: http://newsroom.courts.ca.gov/news/chinese-delegation-is-latest-to-visit-judicial-council
ILI Africa Center for Legal Excellence and Drexel University Plan LLM Program
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Vice Chairman ILI-African Center for Legal Excellence - Swithin Munyantwali, |
The leadership of the International Law Institute [ILI] recently visited the island of Mauritius to plan the establishment of an LLM program in International Commercial Law for students in Africa, and had a landmark meeting with the President of the Republic of Mauritius.
ILI Chairman, Prof. Don Wallace Jr, Vice Chairman of ILI-ACLE [African Centre for Legal Excellence], Swithin J. Munyantwali, together with the Director of Strategic Initiatives [and Assistant Professor of Law] at Drexel University, Aimee L. Kahan, met with the President of the Republic of the Mauritius, H.E. Ameenah Gurib-Fakim in connection with the programme.