Ronald 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.
The 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).
The 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).
Messrs. 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).
Paul Johnson of the Career Services Office at The John Marshall Law School in Chicago was the moderator of a panel on Alternative Careers in International Law at the 2017 Spring Meeting of the American Bar Association Section of International Law. Speakers on the panel were Brent Finnell (Bank of America, North Carolina); Elizabeth Fitzgerald (Department of State Health Services, Texas); and Grace Rodden (U.S. House of Representatives); and panel co-chairs Theresa Forbes (U.S. Department of the Treasury) and Khaliunaa Garamgaibaatar (The World Bank). The panel explored alternative career opportunities for international lawyers and the skill sets important for law students and new lawyers.
A second panel at the Spring Meeting of the ABA Section of International Law is continuing the discussion on how to create "practice ready" international lawyers. Pictured here with the Panel Co-Chair and Moderator Professor Carole Silver of the Northwestern University Pritzker School of Law are: the Honorable Gregory E. Mize (Judicial Fellow, National Center for State Courts); Wendy Collins Perdue (Dean of the University of Richmond School of Law in Virginia); Khary Hornsby (Director of International and Graduate Programs and an Associate Adjunct Professor of Law at the University of Minnesota Law School); Darrell G. Mottley (a principal shareholder of the D.C. law firm Banner & Witcoff, and the past president of the D.C. Bar); and Stephen Denyer (The Law Society of England and Wales).
A two-part program at the Spring Meeting of the American Bar Association Section of International Law focused on legal practice and professional competence in the global legal marketplace. The panelists are discussing how to train lawyers in problem solving, legal analysis and reasoning, legal research and writing, document drafting, negotiation skills, factual investigation, and other lawyering skills necessary for successful practice.
Pictured here in the first of the two panels are: Professor Diane Penneys Edelman (Villanova University Charles Widger School of Law); Professor Bob Lutz (Southwestern Law School in Los Angeles and Former Chair of the ABA Section of International Law); Steven M. Schneebaum (Immediate Past President of the International Law Students' Association, organizers of the Philip C. Jessup International Law Moot Court Competition); Melanie Frank (The Global Trade Group PLLC of Washington, D.C.); and Jayanth K. Krishnan (Indiana University Maurer School of Law in Bloomington).
The ABA Section of International Law Spring Meeting is in full swing at the Capital Hilton in Washington, DC. Among the panels being offered is one on the persecution of the Rohingya in Myanmar (Burma), the Muslim minority group described as "the most persecuted minority in the world."
The panel moderator is Professor Jonathan Turley (George Washington University School of Law). The speakers are: Tasnim Motola (Clifford Chance LLP, New York); Prof. James Silk (Yale Law School); John Sifton (Human Rights Watch); and Jillian Tuck (Unitarian Universalist Service Committee, Rights at Risk Program). The panel chair is the Honorable Delissa Ridgeway (U.S. Court of International Trade).
One of the topics involved an issue whether the abuses against the Rohingya rise to the level of genocide under Genocide Convention or whether they should be treated as crimes against humanity, an easier offense to prove because of the mental state required for a conviction. The abuses against the Rohingya include a lack of citizenship rights, forced displacement, religious persecution, and marriage restrictions.
The International Law Students' Association announced that the topics for the 2018 Philip C. Jessup International Law Moot Court Competition will be the validity of interstate arbitral awards, the capture of a marine vessel, the breach of nuclear disarmament obligations, and the conduct of naval warfare. The problem itself will be released in September and memorials will be due in January. Qualifying national and regional rounds are held around the world before the international finals in Washington DC in April 2018.
The ABA Section of International Law Europe Forum will address hot topics and recent developments in Europe and the United States. Presentations will be relevant to practitioners who already work in an international environment and to those who want to enhance their cross-border exposure. Programs will examine legal issues related to both cross-border transactions and international dispute resolution. Participants will also enjoy valuable networking events in unique and memorable venues.
Agenda: Over the course of two days, this Forum will present ten panels with distinguished speakers who will discuss issues of importance to the European region and transatlantic relations. Panel topics include:
Who Should Attend? Lawyers practicing in Europe or the United States; lawyers with a cross border practice or an interest in European affairs, in-house counsel handling matters in Europe, academics, regulators, and law students with a focus on Europe.
Trustees of Whittier Law School in Costa Mesa, California announced plans this week to stop admitting new students. A report in today's New York Times said the school had said that it was committed to ensuring that current students would be able to graduate, but it would not admit any new students for the Fall. Elizabeth Olson, Whittier Law School Announces Plan to Close, N.Y. Times, Apr. 20, 2017, at B4.
The New York Times reports that Whittier Law School, an ABA-accredited law school, currently has approximately 400 students. Its bar pass rate for the California Bar Exam last July was only 22 percent, and the employment rate for graduates was only 29.7 percent. The law school had opened in 1966 and was accredited in 1978.
This year's competition was by all accounts one of the best run and most competitive years. The problem was authored by Professor Jeffrey Brooks of Louisiana State University.
Jessup is the world's largest moot court competition, with participants from over 640 law schools in more than 95 countries. The Competition is a simulation of a fictional dispute between countries before the International Court of Justice, the judicial organ of the United Nations. One team is allowed to participate from every eligible school. Teams prepare oral and written pleadings arguing both the applicant and respondent positions of the case. For more information about the Jessup competition, click here.
The final round of the 2017 Philip C. Jessup International Law Moot Court Competition is about to start in Washington DC. It is being live streamed through the International Law Students Association (ILSA).
The American Society of International Law (ASIL) opens its 111th Annual Meeting today in Washington, D.C. under the theme, "What International Law Values." The meeting is being held at the Hyatt Regency Capital Hill from Wednesday to Saturday.
ASIL is a nonprofit, nonpartisan, educational membership organization founded in 1906 and chartered by Congress in 1950. ASIL's mission is to foster the study of international law and to promote the establishment and maintenance of international relations on the basis of law and justice. Its 3,500 members in more than a hundred countries include attorneys, academics, corporate counsel, judges, representatives of governments and nongovernmental organizations, international civil servants, students, and others interested in international law.
The ASIL meeting is known for its high-quality panels and the extraordinary lineup of international law experts who attend each year.
With more than 640 schools competing from 95 jurisdictions, the Jessup Competition is the world's largest and most prestigious moot court competition. The competition is organized by the International Law Students Association.
The competition is named for Dr. Philip C. Jessup, who served as the American Ambassador to the United Nations from 1948 to 1953. He was President of the American Society of International Law from 1954 to 1955. And he was a judge on the International Court of Justice from 1961 to 1970.
The final rounds, which are open to the public and are likely also to be webcast, will be held on Saturday, April 15, 2017, at 2:00 p.m. in Washington, D.C.
A Trust Fund for Victims, separate from the International Criminal Court, was created in 2004 by the Assembly of States Parties, in accordance with article 79 of the Rome Statute.The Trust Fund's mission is to support and implement programs that address harms resulting from genocide, crimes of humanity, and war crimes. To achieve this mission, the Trust Fund for Victims has a two-fold mandate: (i) to implement Court-Ordered reparations and (ii) to provide physical, psychological, and material support to victims and their families. By assisting victims to return to a dignified and contributory life within their communities, the TFV contributes to realizing sustainable and long-lasting peace by promoting restorative justice and reconciliation. You can learn more about the Trust Fund for Victims, including how to make an individual contribution to it, by clicking here.
The United Kingdom today gave notice under Article 50 of the Lisbon Treaty that pursuant to a democratic vote, it was leaving the European Union.
Here's the text of Article 50 of the Lisbon Treaty:
1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.
2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.
3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.
4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it.
A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.
5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.
And just what would that procedure be under Article 49 to rejoin after it withdraws from the European Union?
Any European State which respects the values referred to in Article 2 and is committed to promoting them may apply to become a member of the Union. The European Parliament and national Parliaments shall be notified of this application. The applicant State shall address its application to the Council, which shall act unanimously after consulting the Commission and after receiving the assent of the European Parliament, which shall act by an absolute majority of its component members. The conditions of admission and the adjustments to the Treaties on which the Union is founded, which such admission entails, shall be the subject of an agreement between the Member States and the applicant State. This agreement shall be submitted for ratification by all the contracting States in accordance with their respective constitutional requirements. The conditions of eligibility agreed upon by the European Council shall be taken into account.
The British Ambassador to the United Nations, Matthew Rycroft, made a statement confirming that although Britain was starting two years of negotiations to leave the EU, it would still be part of Europe and part of the UN Security Council. Click here to see the video of Ambassador Rycroft.
The annual conference of the Central States Law Schools Association (CSLSA) will be held at Southern Illinois University School of Law on October 6-7, 2017. The keynote speaker for the conference will be Dean Michael Hunter Schwartz. Watch this space or the CSLSA website for the call for papers.
The International Criminal Court (ICC) has sentenced the former Congolese Vice-President, Jean-Pierre Bemba Gombo, to another year in prison and about $325,000 in fines for interfering with his trial.
Judges ordered the that the sentence be served consecutively to Mr. Bemba's existing 18-year sentence for war crimes and crimes against humanity committed in the Central African Republic between October 2002 and March 2003.
In their ruling, the judges ordered the fine to be paid within three months to the ICC and then transferred to the Trust Fund for Victims, according to a press release.
Mr. Bemba, along with two of the four other people accused, were found guilty in October “for having jointly committed the offences of intentionally corruptly influencing 14 defence witnesses, and presenting their false evidence to the court.”
Mr. Bemba was also found guilty of soliciting the giving of false testimony by the 14 defense witnesses and attempting to corruptly influence two defense witnesses.
These charges were in addition to the main ruling issued in March 2016, in which the ICC found Mr. Bemba guilty beyond reasonable doubt on two counts of crimes against humanity (murder and rape) and three counts of war crimes (murder, rape and pillaging) committed in the Central African Republic in 2002-2003.
Mr. Bemba had been the commander-in-chief of the former Congolese rebel group, the Movement for the Liberation of Congo, as well as a vice-president of the Democratic Republic of the Congo during the 2003-2006 transition.
Clinical Fellow/Supervising Attorney, International Human Rights Clinic, Duke University School of Law
Duke University School of Law seeks to fill a Clinical Fellow/Supervising Attorney position in its International Human Rights Clinic beginning in the Summer of 2017.
Duke Law has deep faculty, student and institutional engagement in human rights and international law. In addition to its International Human Rights Clinic launched in the Spring of 2014, the law school is home to a Center for International and Comparative Law and a Center on Law, Ethics, and National Security. It offers a joint JD-LLM in international and comparative law, has many student organizations relating to international law, and publishes the student-edited Duke Journal of Comparative and International Law.
The Clinical Fellow/Supervising Attorney will work closely with the Director of the International Human Rights Clinic. She or he will primarily help supervise student fieldwork in Clinic projects and participate in the planning and teaching of the Clinic advocacy seminar. The Clinical Fellow/Supervising Attorney will also work closely with the Director and other faculty to expand Duke Law’s experiential learning opportunities in international law, including through student placements in competitive summer and semester fellowships and externships in human rights and related fields. The individual appointed to the position will receive mentorship in teaching, scholarship, and human rights lawyering and will have an opportunity to work with the faculty affiliated with the Center for International and Comparative Law.
Applicants should have a minimum of two to five years of relevant experience. In addition to a record of, or demonstrated potential for, clinical teaching, advocacy, and intellectual engagement, the ideal candidate will have experience: as practicing lawyers or human rights advocates, developing practice- oriented courses, supervising students in fellowships or externships, working collaboratively with faculty, and other evidence of in-depth knowledge of and practical engagement in international human rights law and mechanisms.
The initial term of the appointment is expected to be two years. Salary and benefits will be commensurate with experience and competitive with similar fellowship positions at other top U.S. law schools.
Duke University and Duke University Health System is an Affirmative Action/Equal Opportunity Employer committed to providing employment opportunity without regard to an individual's race, color, religion, age, gender, sexual orientation, national origin, genetic information, veteran status, or disability.
"Crimes against humanity" are part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack. These crimes include murder, extermination, enslavement, deportation and forcible transfer of a population, torture, rape, sexual slavery, and other inhumane acts intentionally causing great suffering. The International Law Commission has begun work on a Draft Convention on the Prevention and Punishment of Crimes Against Humanity. For the 2017 Herzog Memorial Lecture, Sean D. Murphy, a member of the International Law Commission and its Special Rapporteur for the Project, will discuss the Commission's important work on the prevention and punishment of crimes against humanity.
The International Law Commission. In 1947, the United Nations General Assembly established the International Law Commission to study and make recommendations that would encourage the "progressive development of international law and its codification." Its members are "persons of recognized competence in international law" who sit in their individual capacities and not as representatives of their governments.
Sean D. Murphy is a Professor at The George Washington University Law School and a leading authority on international law. He was recently re-elected to a second, five-year term on the International Law Commission.
Fred F. Herzog was born in 1907 in the Austro-Hungarian Empire. He studied law and in 1935 he became the youngest federal judge in Austria and the only Jewish judge in that country. Although appointed as a judge for life, he was removed from office in 1938 following the Nazi Anschluss of Austria. He escaped to Sweden and then to the United States, where he studied for an American law degree. He later became Dean of the Chicago-Kent College of Law and then The John Marshall Law School. He died in 2008 in Chicago at the age of 100.
Fred F. Herzog Memorial Lecture Series. The lecture series named in Dean Herzog's honor has included such notable speakers such as Hans Corell (Under-Secretary-General for Legal Affairs and the Legal Counsel of the United Nations), Laurel Bellows (President of the American Bar Association, speaking on Human Trafficking), Professor Deborah Lipstadt of Emory University (speaking on Combating Holocaust Denial), and Thomas Buergenthal (former Judge of the International Court of Justice and a survivor of the Nazi camps).
Who should attend? The lecture will be of great interest to lawyers and law students interested in international law and to all persons interested in preventing and punishing crimes against humanity.
The photo here shows some of the more than 120 participants who attended the 12th Global Legal Skills Conference at the Facultad Libre de Derecho de Monterrey, Mexico. Participants came from more than 17 countries, including Australia, Canada, Germany, Ireland, the Netherlands, Qatar, Romania, Switzerland, Turkey, the United Kingdom, and the United States. The conference is the world's leading conference devoted to international legal skills education, including "Legal English" for non-native speakers of English.
This year's conference also included a bilingual contract negotiation workshop for U.S. law students who spoke Spanish. The students had an opportunity to negotiate contracts with law students from Mexico, to improve their Legal Spanish and to learn about negotiating styles in Latin America.
Social media posts for this year's conference can be found by searching for #GLS12FLDM.
Congratulations again to the individual winners of the 2017 Global Legal Skills Awards: Catherine Beck (Indiana University Department of English); Joan Blum (Boston College Law School); Lurene Contento (The John Marshall Law School-Chicago); Kim Holst (Arizona State University Sandra Day O’Connor College of Law); Matthew Homewood (Nottingham Trent University, England); Chantal Morton (Melbourne Law School); and Rebecca Schillings (Hamad bin Khalifa University College of Law and Public Policy, Qatar).
There were two institutional winners: the International Law Institute in Washington, D.C., and the Centro de Estudios sobre la Enseñanza y el Aprendizaje del Derecho, A.C., in Monterrey, Mexico.
The 2017 Global Legal Skills Book Award went to Professors S.I. Strong, Katia Fach Gómez, and Laura Carballo Piñeiro for their book, Comparative Law for Spanish–English Speaking Lawyers: Legal Cultures, Legal Terms and Legal Practices (Edward Elgar Publishing 2017).
The Global Legal Skills Conference was started by Professor Mark E. Wojcik of The John Marshall Law School, who served as a Co-Chair of thie year's conference. The GLS-12 Conference was held at the Facultad Libre de Derecho de Monterrey, which twice before hosted the conference. The conference was also co-sponsored by the Instituto Tecnologico Autonomo de Mexico Department of Law (Mexico City), The John Marshall Law School (Chicago), and the University of Texas at Austin School of Law (Austin). Other cooperating entities included the American Bar Association Section of International Law (ABA-SIL) the International Law Institute, the International Law Students Association (ILSA), Scribes—The American Society of Legal Writers, and the Teaching International Law Committee of the American Branch of the International Law Association (ABILA). The conference has been held several times in Chicago, three times in Mexico, twice in Costa Rica, twice in Italy, and once in Washington, D.C.
The next Global Legal Skills Conference will be held more than 18 months from now in Melbourne, Australia in December 2018.