Friday, June 23, 2017

American Declaration on the Rights of Indigenous Peoples

One year ago, the General Assembly of the Organization of American States (OAS) adopted the "American Declaration on the Rights of Indigenous Peoples." Click here for an "Insight" about that Declaration from the American Society of International Law. It was authored by Stefania Errico, an Honorary Research Fellow at the Coventry University Centre for Agroecology, Water, and Resilience (United Kingdom).

Here's an excerpt:

Comprised of forty-one articles divided into six thematic sections, the American Declaration [on the Rights of Indigenous Peoples] recognizes a wide-ranging series of individual and collective rights deemed “indispensable for [indigenous peoples’] existence, well-being and integral development as peoples." According to Article XLI, these rights constitute the minimum standards for the survival, dignity, and well-being of the indigenous peoples of the Americas. In keeping with the approach commonly followed in the other instruments concerning indigenous peoples, the Declaration does not provide any definition of the term “indigenous peoples.” Rather, it relies on the criterion of self-identification according to the “practices and institutions of each indigenous people” in order to define its scope of application.

Self-Determination, Autonomy, and Participation

In its Preamble, the [American] Declaration reproduces some paragraphs of [the UN Declaration on the Rights of Indigenous Peoples (UNDRIP)] and recalls the historic injustices suffered by indigenous peoples, the urgent need to respect and promote their inherent rights, and the importance of eliminating all forms of discrimination against them. Strikingly, however, it does not acknowledge indigenous peoples as peoples “equal to all other peoples,” as UNDRIP had done, making explicit the link between indigenous groups as peoples and the right to self-determination. By doing that, UNDRIP acknowledges that indigenous peoples, like other peoples, have a full right to exercise self-determination, including in its external dimension, should the conditions be met.

A similar statement is not found in the American Declaration, which merely states that indigenous peoples have the right to self-determination, borrowing language from common Article 1 of the UN Covenants on Human Rights and Article 3 of UNDRIP, and lays down that in exercising this right, indigenous peoples have the right to autonomy or self-government in matters relating to their internal and local affairs, reproducing Article 4 of UNDRIP. This right is understood as a right to internal self-determination, in accordance also with the limits formulated in Article IV to safeguard “the territorial integrity or political unity of sovereign and independent States.”

(mew)

June 23, 2017 | Permalink | Comments (0)

Call for Presenters for the AALS Section on International Legal Exchange Program at the 2018 AALS Annual Meeting in San Diego

The AALS Section on International Legal Exchange is pleased to announce a call for presenters from which one or two additional presenters will be selected for the section’s program during the AALS 2018 Annual Meeting in San Diego. The session topic is: “A Global Guide to International Legal Exchange: Practical Secrets of Success and What to Do When Things Go Horribly Wrong.” The program will be held on the first day of the AALS Conference, Wednesday, January 3, 2018, from 1:30 to 3:15 p.m. The session is co-sponsored by the AALS Section on North American Cooperation.

This program will review recent changes to the ABA standards that make it easier to send U.S. law students on overseas programs sponsored by their own schools. That presentation will be made by William E. Adams, Jr. (Deputy Managing Director, ABA Section of Legal Education and Admissions to the Bar). That introduction will be followed by a survey of successful international exchange programs, including an objective assessment of the value these exchanges should have for law students. We will also review the responsibility of schools to look after non-U.S. law students and exchange ideas on how to prevent and respond to problems that might arise in international exchange programs.

The panel co-moderators will be Professors George Edwards (Indiana University Robert H. McKinney School of Law) and Gabrielle Goodwin (Indiana University Maurer School of Law). Confirmed speakers also include Charlotte Ku (Texas A&M University School of Law), Sue Liemer (Elon University School of Law), and Mark E. Wojcik (The John Marshall Law School-Chicago).

To submit your name as a possible presenter, please submit your name and a brief description of what you would like to contribute to the discussion. Please send an email to Professor Mark E. Wojcik at mwojcik@jmls.edu. The due date for submission is Tuesday, September 12, 2017. Members of the Section’s Executive Committee will review the proposals and select presenters. Final decisions will be made by September 20, 2017.

Like others on the panel, presenters will be responsible for paying the AALS registration fee as well as their own hotel and travel expenses.

If you have any questions about the call for presenters, please contact Professor Mark E. Wojcik at The John Marshall Law School-Chicago, mwojcik@jmls.edu or (312) 987-2391.

(mew)

June 23, 2017 | Permalink | Comments (0)

Thursday, June 22, 2017

Save the Dates: ABA Section of International Law Conference in Seoul, South Korea

October 17-20, 2018

American Bar Association Section of International Law Conference, Seoul, South Korea

Theme:  Artificial Intelligence and Intellectual Property

(mew)

June 22, 2017 | Permalink | Comments (0)

American Society of International Law Seeks Academic Partners

The American Society of International Law offers individual memberships, of course, but for several years now it has also offered law schools and other institutions the option of becoming an ASIL Academic Partner. Benefits of being an academic partnership include a 50% discount on individual ASIL memberships for students and faculty members, advertising and promotional benefits, complimentary career development services for your students, and access to a variety of ASIL-sponsored publications and events throughout the year.

Get more information by visiting www.asil.org/academicpartner

Hat tip to Tania F. Cohen, ​Partnerships Coordinator at the American Society of International Law.

(mew)

June 22, 2017 | Permalink | Comments (0)

China Criticizes 14 Universities for Supposed Weakness in Ideology

The Central Commission for Discipline Inspection (“CCDI”) of the People’s Republic of China is the highest internal-control institution of the Communist Party of China (CPC). It enforces internal rules and regulations and combats corruption in the Communist Party. Because most Chinese government officials are also Communist Party members, the CCDI is effectively the top anti-corruption body in China. The CCDI was established in 1978.

Although it usually focuses on anti-corruption, the CCDI has recently accused 14 of China’s top-ranked universities of having weak ideological and political commitments, according to a report in the Financial Times. The universities were instructed to “take responsibility” for their ideological and political shortcomings. See Emily Feng, Political Control: Beijing Probes Universities that Fail to Toe Communist Line, Financial Times, June 20, 2017, at 2.

The 14 Chinese universities targeted include ones that have academic programs and research partnerships with prominent educational institutions in the West. Id. The Chinese universities include Peking University, Tsinghua University, and Wuhan University (which has a joint venture agreement with Duke University). Here is a link to a list of the universities criticized.

The Financial Times notes that the CCDI’s ideological report continues a trend that started in 2012, to tighten political control over all aspects of civil society including education. Emily Feng, Political Control: Beijing Probes Universities that Fail to Toe Communist Line, Financial Times, June 20, 2017, at 2. The report now comes in advance of the 19th Chinese Communist Party Congress scheduled for this Fall. Id. The CCDI had sent its inspectors to 29 universities in China earlier this year to find “political bias” and to uphold the Communist Party’s leadership. Id. 

(mew)

June 22, 2017 | Permalink | Comments (2)

Wednesday, June 21, 2017

The “Global Citizenship Law” Program at the European University Institute in Florence and the WZB Berlin has a PhD Vacancy

The “Global Citizenship Law” Project, co-hosted by the WZB Berlin Social Science Center and the European University Institute, is seeking to appoint a Research Fellow (Ph.D. Candidate) in the field of “International Law and Governance of Citizenship.”

The application deadline is July 31, 2017. Details about the Ph.D. vacancy are available here.  Details about the project are available here

Hat tip to Professor Liav Orgad, Director of Global Citizenship Governance, Robert Schuman Centre for Advanced Studies, European University Institute and Head of the Project Group on International Citizenship Law, Migration, Integration, Transnationalization Research Unit, WZB Berlin Social Science Center.

(mew)

June 21, 2017 | Permalink | Comments (0)

Early Bird Registration Now Open for the ABA Section of International Law Fall Meeting in Miami

The American Bar Association Section of International Law will hold its 2017 Fall Conference in Miami from October 24-27, 2017. Early-Bird Registration is now open (until September 8, 2017) and the preliminary brochure is available HERE.

(mew)

June 21, 2017 | Permalink | Comments (0)

Tuesday, June 20, 2017

International Human Rights Litigation: A Guide for Judges.

The U.S. Federal Judicial Center recently published a free, online guide called International Human Rights Litigation: A Guide for Judges. This Guide was written to assist federal judges in resolving federal cases involving international human rights claims, and it provides a comprehensive analysis of substantive and procedural issues involved in such cases.  The Guide includes a detailed analysis  on the Alien Tort Statute (ATS), the Torture Victim Protection Act (TVPA), and other federal statutes that we know and love.  It also includes a model scheduling order for human rights cases, case summaries, tables, and research references (current as of December 31, 2016).

The Guide was drafted to be neutral as between human rights plaintiffs and defendants, and thus should provide useful information for all. Because it was commissioned by a federal government agency (the Federal Judicial Center) for the benefit of federal judges, lawyers, and agencies, the Guide has been placed in the public domain and is available as a free resource.  And we like that. Readers can freely distribute, print, and otherwise use and transmit the Guide in its present form, provided that no changes are made to the manuscript itself.  You can find and download the Guide by searching on the FJC website or nu this link to the author’s SSRN site (Abstract ID # 2978170).

  • Recommended citation: David Nersessian, International Human Rights Litigation: A Guide for Judges 1-178 (Federal Judicial Center 2016).

Congratulations to the Federal Judicial Center and to Dr. David L. Nersessian, an Assistant Professor  at Babson College in Massachusetts.

(mew)

 

 

June 20, 2017 | Permalink | Comments (0)

Monday, June 19, 2017

World Refugee Day

June 20 is World Refugee Day. According to the United Nations, 20 people are forced to leave their homes to escape war, persecution or terrorism every minute of the day.  In light of the unprecedented refugee crisis this year, the United Nations has launched a campaign, Stand with Refugees, to encourage action to improve the lives of refugees. What will you do today?

(cgb)

June 19, 2017 | Permalink | Comments (0)

Friday, June 16, 2017

ASIL Midwest Call for Submissions

ASIL-Midwest, an interest group of the American Society of International Law (ASIL), is co-sponsoring its fourth scholarly works-in-progress conference at the Cleveland-Marshall College of Law in Cleveland, Ohio on September 15-16, 2017. The goal is to create a friendly, open conversation about works in progress and to foster a Midwestern United States international law community. To that end, the workshop will include both full drafts and early works in progress.

Those interested in presenting at the conference should send a 500-word abstract to ASIL-Midwest Co-Chair Cindy Buys, Southern Illinois University School of Law by Friday, July 28, 2017. Please also include a sentence about the stage the paper is expected to be in by September (e.g., reasonably complete draft, early work in progress, etc.). Papers may address any International Law topics, and this Call for Submissions is open to everyone in the international legal community.  Preference will be given to ASIL members who are also members of the ASIL-Midwest Interest Group.  Paper presenters will be asked to circulate their drafts (or a summary of the project if it's early stage) to workshop attendees no later than September 1, 2017.  

Those interested in serving as a commentator for a paper should also send an email to the Co-Chair Cindy Buys by July 28.  Commentators will be asked to prepare five to eight minutes of comments on one or more of the papers. Those interested in presenting are also encouraged to comment on the other papers and should indicate whether they are willing to serve as commentators as well.

ASIL members and Cleveland-Marshall College of Law faculty, staff, and students may attend for free. Participants who are not ASIL members or Cleveland-Marshall College of Law affiliates will be required to pay a $50 registration fee (includes workshop and some meals) for the conference. Some meals will be provided, but participants are responsible for their own travel and hotel expenses. More details regarding transportation, hotels and other logistics will be provided shortly.

For any questions about papers and presentations, please contact ASIL-Midwest Interest Group Co-Chairs, Cindy Buys or Neha Jain, University of Minnesota Law School.  For questions about conference logistics, contact immediate past-Chair, Milena Sterio, Cleveland-Marshall College of Law.

(cgb)

June 16, 2017 | Permalink | Comments (0)

RIP Robert Brodegaard

BrodegaardWe have learned that international dispute resolution attorney Robert F. Brodegaard has died. Robert was a great advocate of promoting international dispute resolution and he organized wonderful CLE programs on the subject. He was a a partner at Robert F. Brodegaard and Associates. In his law practice, he focused on international dispute resolution and U.S. commercial litigation arising under a wide variety of domestic and foreign laws in a diverse set of industries. Over a career that lasted 42 years, he represented foreign and domestic corporations, governments, and governmental agencies in litigation, mediation, and arbitration of international commercial, investment, and intellectual property disputes, as well as representing foreign and domestic parties in connection with enforcing foreign judgments and arbitral awards. He appeared in state and federal courts around the nation. His complex commercial litigation and trial practice ranged from litigating and acting as trial counsel in cases brought under the securities, RlCO, and antitrust laws to professional malpractice, lender liability, and fraudulent conveyance claims.

Robert (Bob) was well known to many lawyers around the world because of his practice and his leadership in the American Bar Association Section of International Law. He was also active in the Association of the Bar of the City of New York; the ABA Sections on: Litigation and Antitrust Law, the Inter-American Bar Associations; the American Society of International Law; and the Union International des Avocats. He had a fantastic sense of humor and was well loved. He will be deeply missed by family, friends, and lawyers around the world.

A celebration of his life will be held on Tuesday, June 20, 2017 at the Unitarian Church of All Souls located at 1157 Lexington Avenue, in New York City.  A memorial service will begin at 6:00 p.m. In lieu of flowers, the family requests donations to the ASPCA in Bob Brodegaard's name via their website //www.aspca.org/donate (honor donations).

Mark E. Wojcik

June 16, 2017 | Permalink | Comments (1)

Wednesday, June 14, 2017

Save the Dates! Upcoming ABA International Conferences

The American Bar Association Section of International Law, with more than 20,000 members around the world, has some of the most interesting and productive conferences you'll find. Here's a list of upcoming events. Visit the ABA Section of International Law website for more information on any particular conference or forum.

   
Oct 20-22, 2017: Pre-Fall Conference Module (San Juan, Puerto Rico)
Oct 24-28, 2017: Section of International Law Fall Conference (Miami, Florida)
Jan 31-Feb 6, 2018: ABA/Section Midyear Meeting (Vancouver, Canada)
April 17-21, 2018: Section of International Law Annual Conference (New York City)
June 10-12, 2018: Europe Forum (Copenhagen, Denmark)

(mew)

June 14, 2017 | Permalink | Comments (0)

Friday, June 2, 2017

U.S. Announces its Withdrawal from the Paris Climate Accord

U.S. President Donald Trump announced yesterday that the United States would withdraw from participation in the Paris climate accord.

The Accord de Paris is an agreement within the United Nations Framework Convention on Climate Change (UNFCCC). Representatives from 195 countries negotiated the agreement at the 21st Conference of the Parties of the UNFCCC, adopting the Paris Accord by consensus on 12 December 2015.  As of June 2017, 148 UNFCCC members have ratified the agreement. Under the Paris Accord, each country determines its own contribution to mitigate global warming. There is no enforcement mechanism (other than public opinion) to force a country to set a specific target by a specific dated. 

In announcing that the United States would withdraw from the Paris agreement, Donald Trump said that the United States would seek to reopen negotiations, something immediately oppotsed by countries such as France, Germany, and Italy.

Three U.S. states have joined the United States Climate Alliance in response to the U.S. announcement, and another seven states are said to be in talks to join the group.

(mew)

June 2, 2017 | Permalink | Comments (0)

Deadline Extended to Submit Proposals for the WTO Public Forum

The World Trade Organization has extended the deadline for submitting proposals for the 2017 Public Forum. Tne new deadline is June 18, 2017.  This year’s Public Forum – entitled “Trade: Behind the Headlines” — will be held on 26-28 September, are invited to complete an application form. Click here for more information.

(mew0

June 2, 2017 | Permalink | Comments (0)

Authorized statement of the governor of Puerto Rico, Ricardo Rosselló, on the Withdrawal of the U.S. from the Paris Climate Agreement

(June 1, 2017- San Juan) “Climate change is a real problem and it requires all of us to leave a sustainable planet to the next generation. Our administration is committed to protecting the environment. As a Governor who is also a scientist, I oppose the United States withdrawal from the Paris Agreement. Our administration is committed to protecting our environment, and we recognize that even small changes can have big, lasting effects on our planet. Puerto Rico, an Island that 3.4 million American Citizens call home, would suffer greatly from the devastating effects of rising sea levels. But we all stand to lose if we don't take meaningful action right now. We call upon all local governments across the nation to continue to pass rules and regulations that protect our climate. As most of the world move forwards, our nation cannot sit idle and lag behind.”

June 2, 2017 | Permalink | Comments (0)

Friday, May 12, 2017

Save the Date: December 2018 Global Legal Skills Conference in Melbourne, Australia

Melbourne Law School Melbourne Law School (Building)It's 18 months away, so you can block out the days on your calendar and start saving your frequent flier miles for a trip to Australia for the next Global Legal Skills Conference.

The 13th Global Legal Skills Conference will be held at Melbourne Law School from December 10-12, 2018.

JMLS LogoThe Conference will be co-sponsored by The John Marshall Law School of Chicago (where the conference series was founded). The Conference Co-Chairs will be Chantal Morton (Director of the Legal Academic Skills Centre and Director of Teaching at Melbourne Law School) and Mark E. Wojcik (Professor at The John Marshall Law School and founder of the Global Legal Skills Conference Series).

Previous Global Legal Skills Conferences have been held in Chicago, Washington, D.C., Costa Rica, Mexico, and, most recently, Italy. The conference is the leading global conference dedicated to legal skills education, and participants come from around the world to attend the conference. Participants include law professors, professors of English as Second Language, lawyers, judges, court interpreters, law students, language students, and other academics.

The GLS-13 Conference is being presented in cooperation with a number of international organizations, including these organizations already confirmed:

  • Scribes--The American Society of Legal Writers
  • The Teaching International Law Interest Group of the American Branch of the International Law Association

We acknowledge and pay respect to the Traditional Owners of the lands upon which the Melbourne Law School is situated.

(mew)

May 12, 2017 | Permalink | Comments (0)

Thursday, May 11, 2017

Save the Dates! Upcoming ABA International Conferences

The American Bar Association Section of International Law, with more than 20,000 members around the world, has some of the most interesting and productive conferences you'll find. Here's a list of upcoming events. Visit the ABA Section of International Law website for more information on any particular conference or forum.

June 11-13, 2017: Europe Forum (Barcelona, Spain)
Oct 20-22, 2017: Pre-Fall Conference Module (San Juan, Puerto Rico)
Oct 24-28, 2017: Section of International Law Fall Conference (Miami, Florida)
Jan 31-Feb 6, 2018: ABA/Section Midyear Meeting (Vancouver, Canada)
April 17-21, 2018: Section of International Law Annual Conference (New York City)
June 10-12, 2018: Europe Forum (Copenhagen, Denmark)

(mew)

May 11, 2017 | Permalink | Comments (0)

Friday, May 5, 2017

Cleveland-Marshall Announces New Dean

The Cleveland State University Board of Trustees announced that the next dean of the Cleveland State University Cleveland-Marshall School of Law will be the current interim dean, former Ohio Lieutenant Governor Lee Fisher.  Dean Fisher is described as a Clevelander who has dedicated his life to public service and social justice, and that he is coming to the law school with the intent of collaboratively running an institution dedicated to preparing its students to make this world a better place. Congratulations, Cleveland-Marshall and Dean Fisher.

Hat tip to km.

(mew)

May 5, 2017 | Permalink | Comments (0)

Thursday, April 27, 2017

Justice Samuel Alito at the Spring Meeting of the ABA Section of International Law

Justice AlitoRonald A. Cass interviewed U.S. Supreme Court Associate Justice Samuel Alito during a luncheon at the Spring Meeting of the ABA Section of International Law, in a discussion that ranged from the dynamics of the U.S. Supreme Court to Justice Alito's opinions on baseball.

Ronald A. Cass is President of Cass & Associates, PC, a legal consultancy in Great Falls, Virginia, specializing in international trade, intellectual property, anti-trust law, administrative law, and regulation. He also is an international arbitrator in NAFTA, ICSID, UNCITRAL and AAA cases. He served Presidents Reagan and Bush as Vice Chairman and Commissioner of the U.S. International Trade Commission, and is Dean Emeritus of Boston University School of Law, where he served as Dean from 1990-2004. He is also the Section of International Law's liaison to the World Trade Organization.

(mew)

April 27, 2017 | Permalink | Comments (0)

Two Lawyers from Goldman Sachs Japan Win Outstanding International Corporate Counsel Awards

20170427_082412The 2017 Outstanding International Corporate Counsel Award was presented this morning at the ABA Section of International Law Spring Meeting to Naosuke Fujita and Hiroki Inaba of Goldman Sachs Japan Co., Ltd. They were recognized for their pioneering work on behalf of the LGBT community in Japan and for their advocacy on behalf of same-sex marriage in Japan. 

The Outstanding International Corporate Counsel Award is given to a member of the Section of International Law who is a practicing attorney employed by a company or other entity as an in-house counsel and who has demonstrated a significant contribution to the legal profession and the furtherance of the practice of law in an international context (but not a government or international organization). 

20170427_082520The two individuals recognized today in Washington, D.C. are Naosuke Fujita, Managing Director and General Counsel of Goldman Sachs Japan Co., Ltd. and Hiroki Inaba, Vice President and Senior Counsel in the Goldman Sachs Legal Department. Both men work in Tokyo.

(Pictured here from left to right are: Deniz Sadan Tamer (Co-Chair of the International Corporate Counsel Forum of the ABA Section of International Law); Hiroki Inaba of Goldman Sachs Japan; Sara Sandford (Chair of the ABA Section of International Law); Naosuke Fujita of Goldman Sachs Japan; and Peggy Kubicz Hall of Greene Espel PLLP in Minneapolis (Co-Chair of the International Corporate Counsel Forum of the ABA Section of International Law).

20170427_082916Messrs. Fujita and Inaba were recognized for their pioneering work on behalf of the LGBT community in Japan and for their advocacy on behalf of same-sex marriage in Japan. They created several research and policy documents on LGBT rights and marriage equality, including a survey of same-sex marriage. They were also responsible for drafting a request to the Japanese Federation of Bar Associations (日本弁護士連合会) asking that this important and influential association of lawyers make a statement in support of marriage equality in Japan.

More than 800 lawyers from around the world are attending this week's Spring Meeting of the American Bar Association Section of International Law. Messrs. Fujita and Inaba received a standing ovation from the audience of global lawyers for their work on LGBT rights and marriage equality in Japan.

This was the first time that the award was presented to two individuals. Previous winners of the Outstanding Corporate Counsel Award are: Christine M. Castellano (2011); M. Catherine Vernon (2012); Ingrid Busson-Hall (2013); Alan Crain (2014); and Getchen Bellamy (2015).

(mew)

 

April 27, 2017 | Permalink | Comments (0)