International Law Prof Blog

ABA Section of International Law Conferences in Singapore, Denmark, and South Africa

The American Bar Association Section of International Law will be holding conferences in Singapore (May 10-11, 2018), South Africa (May 21-22, 2018), and Denmark (June 10-12, 2018).

Click here for more information about the conferences and the ABA Section of International Law.

(mew)

U.S. Supreme Court Again Limits Alien Tort Statute Lawsuits Against Foreign Corporations

The U.S. Supreme Court has ruled that foreign corporations may not be sued in U.S. courts for complicity in human rights abuses committed abroad, unless such lawsuits are explicitly authorized by Congress. The vote was 5-4, with the Court's more conservative justices providing the majority in a plurality opinion authored by Justice Anthony M. Kennedy. Click here to read the U.S. Supreme Court's decision in Jesner v. Arab Bank PLC.

(mew)

Supporting the Law Library of Congress

The Legal Writing Institute and Scribes—The American Society of Legal Writers—have each sent letters congratulating the American Bar Association on passing Resolution 109 at the 2018 Midyear Meeting in Vancouver, Canada. That resolution urges the U.S. Congress “to approve appropriations to the Library of Congress necessary to enable the Law Library of Congress to adequately staff, modernize, and enhance its services, collections, facilities, digital products, and outreach efforts.”

The Law Library of Congress is the largest law library in the world, with approximately three million volumes. Much of its collection is unique and unavailable even in countries where the materials originated. Building and maintaining such a unique and magnificent collection requires trained staff and sufficient resources, including special facilities to store and preserve rare law books. Researchers around the world use this unique collection.

LWI and Scribes also wrote in support of the ABA Standing Committee on the Law Library of Congress, an entity first established 86 years ago as the Special Committee on Facilities of the Law Library of Congress. Now known as the ABA Standing Committee on the Law Library of Congress, it helps inform the public, bar association members, and members of the legal community about the vast and unique collections of treasures in the Law Library of Congress.

(mew)

Amendments to Rules of the U.S. Court of International Trade

Notice of Amendments to the Rules

On September 19, 2017 and March 20, 2018, the United States Court of International Trade approved amendments to the following Rules that will become effective on April 23, 2018:

Rule 1. Scope and Purpose
Rule 4. Service of Summons and Complaint
Rule 5. Serving and Filing Pleadings and Other Papers
Rule 6. Computing and Extending Time; Time for Motion Papers
Rule 7. Pleadings and Motions
Rule 16. Postassignment Conferences; Scheduling; Management
Rule 26. Duty to Disclose; General Provisions Governing Discovery
Rule 30. Depositions by Oral Examination
Rule 31. Depositions by Written Questions
Rule 33. Interrogatories to Parties
Rule 34. Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes
Rule 37. Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Rule 55. Default Judgment
Rule 56.1. Judgment on an Agency Record for an Action Other Than That Described in 28 U.S.C. § 1581(c)
Rule 56.2. Judgment on an Agency Record for an Action Described in 28 U.S.C. § 1581(c)
Rule 73.1. Documents in an Action Described in 28 U.S.C. § 1581(a) or (b)
Administrative Order 02-01 In re Electronic Filing Procedures and Submission of Confidential Information

Technical amendments were also made to Form 21 and the listing of Judges of the Court

A copy of the amendments is available for review at the Court’s website: www.cit.uscourts.gov

 

(mew)

Understanding the EU General Data Protection Regulation

The European Union's General Data Protection Regulation (GDPR) will enter into effect on May 25, 2018 for the 28 members of the European Union. As an EU regulation (rather than a directive), it does not require any national implementing legislation.

The GDPR applies to companies and other organizations located within the European Union and to organizations outside of the EU that offer goods or services to EU data subjects. The GDPR applies to all companies that process or hold the personal data of persons who reside in the European Union, regardless of whether the company is located inside or outside the European Union.

Under the GDPR, companies and other data collectors must advise EU data subjects of what they are doing with the personal data collected, give the EU data subjects the right to do something about how their information is being handled or stored, and then comply with requests made by the data subjects. The GDPR will apply to any organization that processes personal data that is traceable to an identifiable EU person. The data subject to the regulation includes most electronic information of organizations. Penalties for violating the GDPR are severe: for some violations, fines can be imposed up to €20 million or 4% of the worldwide annual revenue of the prior financial year, 

Under Article 5 of the GDPR:

1. Unless you have specific permission from the data subject, or unless you are specifically authorized by EU law, you cannot use the personal data of European citizens for purposes other than that for which you originally collected the data.
2. You cannot simply hold on to data, you must minimize the retention of data
3. You need more than a "culture of privacy," you must have written policies and procedures that ensure the integrity and confidentiality of records.

A panel at the Annual Conference of the American Bar Association Section of International Law considered various aspects of the GDPR, including how the new regulation will affect U.S.-bound discovery from the European Union. The panel was called "Is GDPR Article 48 a Catch-22 for Litigants in the United States?"

Pictured here (from left to right) are: Daniel S. Meyers (TransPerfect Legal Solutions); Kenneth N. Rashbaum (Barton LLP); Alexander Blumrosen (Kuckenburg Bureth Boineau et Associes, Paris, France); and Therese Craparo (Reed Smith LLP).

The ABA Section of International Law Annual Conference continues its substantive programming through tomorrow. 900 lawyers, law students, and legal professionals are in New York attending the Conference.

(mew)

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ABA-SIL Annual Conference Underway in New York City -- Panel on Buying Real Estate in Other Countries

The American Bar Association Section of International Law is holding its Annual Conference this week in New York City. The "Annual Conference" is what used to be the "Spring Meeting" for the Section, which combined its Spring and Fall Meetings into an Annual Conference. Attendance is strong and the program is filled with interesting and practical panels.

For example: Are you planning to buy property in another country? Look for properties near major airports, destinations that you can reach in less than six hours of travel, and that have access to health care. That's one of the tips from a panel today on "Financing Your Dream Property Overseas -- Challenges and Opportunities in Mortgage Lending for International Real Estate Developers," a panel organized by the Section's Cross Border Real Estate Practice and co-sponsored by the International Private Client Committee, the International Tax Committee, the International Financial Products and Services Committee, the International Anti-Money Laundering Committee, the Europe, Mexico, Canada, China, and Asia/Pacific Committees. In addition to the "location, location, location" tips being provided, there's useful information about registering title, paying taxes and registration fees, and avoiding various risks in a foreign real estate transaction.

The panel is sponsored by the firm Duff & Phelps, a firm offers expertise in the areas of valuation, corporate finance, disputes and investigations, compliance and regulatory matters, and other governance-related issues.

The speakers on the foreign real estate panel are (from left to right in the photograph): Margaret D. Baisley (Baisley Law, New York); John Hutmacher (Blake, Cassels & Graydon LLP, Toronto, Canada); Bruce Greenberg (Duff & Phelps, Mexico City); Benjamin C. Rosen (Rosen Law SC); Brian X. Franke (Vice President, Mortgage Sales Manager at HSBC); and Gerard Hernandez-Colet (Partner at Cuatrecasas Gonclaves Pereira SLP, Barcelona, Spain).

Another useful tip? Say no when the seller offers to "record" a lower purchase price than you actually pay -- a fraud designed to lower the transfer tax due on the transaction. If you agree to have the seller record a lower price you become a party to a fraudulent transaction and risk criminal prosecution for fraud.

The ABA Section of International Law Annual Conference continues with programming until Friday and a Section Council Meeting on Saturday. The conference is being held at the Grand Hyatt in New York City.

(mew)

 

 

Benjamin Franklin's Papers are Now Online

The papers of American scientist, statesman and diplomat Benjamin Franklin have been digitized and are now available online for the first time from the Library of Congress. The Library announced the digitization today in remembrance of the anniversary of Franklin’s death on April 17, 1790.

The Franklin papers consist of approximately 8,000 items mostly dating from the 1770s and 1780s. These include:

• the petition that the First Continental Congress sent to Franklin, then a colonial diplomat in London, to deliver to King George III;
• letterbooks Franklin kept as he negotiated the Treaty of Paris that ended the Revolutionary War;
• drafts of the treaty;
• notes documenting his scientific observations, and
• correspondence with fellow scientists.

The collection is online at: loc.gov/collections/benjamin-franklin-papers/about-this-collection.

Hat tip to the Library of Congress.

(mew)

Job Opening: British Red Cross Fellows

The British Red Cross invites applications for the post of British Red Cross Research Fellow – International Humanitarian Law based at the Lauterpacht Centre for International Law.

The British Red Cross works to disseminate knowledge of and to encourage respect for international humanitarian law (IHL).  It co-operates closely with the International Committee of the Red Cross (ICRC) in these areas.

The British Red Cross is seeking to hire two international law researchers to help up-date the collection of practice supporting the ICRC Study on Customary International Humanitarian Law.

Working as members of a five-person research team based at the Lauterpacht Centre for International Law at the University of Cambridge, the post-holders will analyse documents concerning world-wide practice in the area of international humanitarian law from a variety of sources and will incorporate the relevant parts of the documents into a database.

The ideal candidates will hold an LL.M. with a focus on international law or have the equivalent professional experience. A demonstrated understanding of relevant areas of international law, in particular of IHL, excellent analytical skills and the capability to work in a precise, structured and detailed manner are essential, as well as excellent written English.

One of the successful candidates must have a good knowledge of Spanish and ideally knowledge of Spanish legal terminology

The other successful candidate must have a good knowledge of French or Spanish and ideally any other relevant languages. Please apply online via the British Red Cross website www.redcross.org.uk/About-us/Jobs, where further information about these roles is available. If you are unable to apply online please contact Alexandra Taylor on [email protected]

The closing date for applications is Sunday, 29 April 2018. Interviews will take place during the week commencing 21 May 2018

The British Red Cross is committed to welcoming people from the widest possible diversity of background, culture and experience. The British Red Cross, incorporated by Royal Charter 1908, is a charity registered in England and Wales (220949) and Scotland (SC037738).

JOB POSTCODE:      CB3 9BL                       

SALARY:                    GBP 25,000 - GBP 27,000

LOCATION:               The Lauterpacht Centre for International Law, Cambridge

CONTRACT TYPE:    Fixed term 31 December 2020 (with possibility of extension)

HOURS:                      35 HOURS

CLOSING DATE:        Sunday, 29 April, 2018

(mew)

ABA Section of International Law Annual Conference in New York

Here's another reminder that the American Bar Association Section of International Law will hold its Annual Conference in New York from April 17-21, 2018 at the Grand Hyatt Hotel. This "Annual Conference" replaces the Section's Spring and Fall Meetings, so it's even more important to attend. Lawyers and other legal professionals from around the world will gather to consider and discuss "The Fusion of Private and Public International Law," the theme of this year's conference. Click here for more information about the ABA Section of International Law Annual Conference in New York.

About the ABA Section of International Law

The ABA Section of International Law develops policy in the international arena, promotes the rule of law, and enhances the education of international law practitioners. The Section focuses on a full range of international legal issues and is involved in a wide variety of substantive legal activities.

The Section's purposes are to:

• promote interest, activity, and research in international law and to further its development;
• increase knowledge among members of the legal profession and the general public;
• promote professional relationships with lawyers similarly engaged in foreign countries; and
• implement Goal IV of the Association – "To advance the rule of law in the world."

The Section has more than 60 regional and practice specific committees, task forces, and working groups within twelve divisions – Africa/Eurasia, Americas/Middle East, Business Law I, Business, Law II, Business Regulation, Constituent, Disputes, Finance, Legal Practice, Public International Law (Treaty) I, Public International Law (Treaty) II, and Tax, Estates & Individuals. Committees closely monitor and disseminate information on domestic and international policy developments with implications for law practice. Click here for more information about ABA Section of International Law.

Upcoming Section Regional Meetings

In addition to the Section's Annual Meeting in New York, the Section of International Law is also hosting

• Singapore, May 10-11, 2018. Investment Arbitration and Trans-Pacific Transactions Conference.
• May 21-22, 2018, Cape Town, South Africa. Challenging the Perception of Risk in Africa.
• Copenhagen, Denmark, June 10-12, 2018. Life Sciences Conference.

(mew)

Pathways to Employment in International Law Program in Washington D.C.

The American Bar Association Section of International Law and the International Law Students' Association (ILSA) hosted a Pathways to Employment in International Law Program during the annual meeting of the American Society of International Law.

The career program attracted students from around the world, including this group of students from (mostly) Brazil.

The speakers (seated, from left to right) were: Douglas Pivnichny (International Atomic Energy Agency in Vienna, Austria); Renee Dopplick (private practitioner and Editor of the International Law News, published by the American Bar Association Section of International Law); Mark E. Wojcik (Professor at The John Marshall Law School in Chicago); and Eckard Hellbeck (White & Case and previously with the German Foreign Ministry). The photo was taken by Vasco Rodrigues of Brazil.

(mew)

ASIL Annual Meeting in Full Swing; The 2018 Jessup Competition Too!

IThe Annual Meeting of the American Society of International Law is in full swing at the Hyatt Regency Capitol Hill Hotel in Washington, D.C., the hotel that is also hosting the White and Case International Rounds of the Philip C. Jessup International Law Moot Court Competition, organized by the International Law Students' Association.

The ASIL Annual Meeting sessions are well attended and the overall meeting attendance may break 1,200 attendees from around the world. It's a high-energy conference with engaging panels and lively hallway conversations during the generous breaks.

Congratulations to the ASIL and its President Lucinda A. Low, President-Elect Sean Murphy, Executive Director Mark Agrast, Deputy Executive Director D. Wes Rist, and the Annual Meeting Co-Chairs Kathleen Claussen, Jacob Katz Cogan, and Taladzwa Pasipanodya. Congratulations also to the speakers, interest groups, sponsors, patrons, and exhibitors who are each adding to the Annual Meeting.

Check Twitter for posts from each of the panels at the ASIL Annual Meeting. Twitter posters are using the hashtag #ASILAM.

Check Facebook for updates on the Jessup Competition. The final round at 2:00 p.m. Eastern Time on Saturday will be live streamed.

(mew)

 

This Week at State

A video compilation of highlights from the past week at the U.S. Department of State and the U.N. Security Council.

 

(mew)

Following a Ruling on Same-Sex Marriage from the Inter-American Court of Human Rights, Costa Rica Elects Its Next President

News reports from Costa Rica suggest that Carlos Alvarado Quesada (PAC), a 38-year-old former labor minister and a novelist, will be elected as the 48th President of Costa Rica with approximately 61 percent of the votes. He appears to have defeated his opponent, Fabricio Alvarado Muñoz (PRN), a former television journalist and an evangelical Christian singer who campaigned on his strong opposition to same-sex marriage.

Same-sex marriage became a key electoral issue in Costa Rica because the Inter-American Court of Human Rights (which has its seat in the capital of Costa Rica) ruled in January 2018 that parties to the American Convention on Human Rights (including Costa Rica) must recognize same-sex marriage.  In the Americas, same-sex marriage is legal in Argentina, Brazil, Canada, Colombia, the United States, and Uruguay. It is also legal in some Mexican states, but under Mexican law all states of Mexico must recognize the validity of those marriages even if the state itself does not yet perform same-sex marriage. The new ruling from the Inter-American Court of Human Rights is expected to extend same-sex marriage throughout other countries in the Americas.

The President of Costa Rica is the head of state and head of government of Costa Rica. The current President of Costa Rica, Luis Guillermo Solís, was ineligible to run for a second term. (Under Costa Rican law as we understand it, an incumbent president must wait at least eight years before running to be President again.)

Click here for the decision (in Spanish) of the Inter-American Court of Human Rights on same-sex marriage.

Hat tip to rw.

(mew)