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

 

 

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

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

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

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

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

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

 

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

 

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

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

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

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

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

 

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

Don Wallace, Jr.*

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

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

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

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

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

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

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

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

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

 

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

Lagos_Leg_Draft_B       Lagos_Leg_Draft_A
Legislative Drafting Participants   Advanced Level Legislative Drafting Program Participants

 

 

The International Law Institute was recently requested to conduct multi-level training courses in Legislative Drafting for the Lagos State House of Assembly, Nigeria.  The goal of the training was to increase technical capacity for Assembly Members, support staff and State House administrators.

The two training programs were conducted in June, in Accra, Ghana.  The event was opened and closed by the Speaker of the Lagos State House of Assembly, Rt. Hon. Adeyemi Ikuforiji.

A Basic Legislative Drafting seminar was held from June 3 – 6. Art Rynearson, ILI's Course Advisor for ILI's Workshop on Legislative Drafting and ILI's Advanced Workshop on Legislative Drafting seminar, was facilitator and faculty for the event. Sixty-seven participants attended the event, which included several Honorable Members of the Assembly.  The Basic seminar covered an introduction to legislative drafting and involved over a dozen drafting projects. 

An Advanced Legislative Drafting seminar was held the following week, form June 10 – 13. Tony Coe, faculty in for ILI's Workshop on Legislative Drafting and ILI's Advanced Workshop on Legislative Drafting seminars, was the facilitator and faculty. Twenty-three participants attended this event, including several Honorable Members who also attended ILI legislative drafting programs held in DC, previously. The Advanced seminar examined drafting highly complex legislation.

In addition, coursework on Leadership, Management, and Decision Making was also conducted by the ILI's Executive Director, Ms. Kim Phan.

2013_June_TOT


The International Law Institute (ILI) and the Bangladesh International Arbitration Centre (BIAC) successfully concluded the Trainer of Trainers (TOT) seminar in Dhaka, Bangladesh. The TOT seminar took place on June 9 to 12, in Dhaka, Bangladesh. This is the third and final training in the first phase of the Training in Commercial Arbitration in Bangladesh Project, which aims at increasing the local capacity in commercial arbitration. The program is sponsored by the International Finance Corporation (IFC) and it is part of a series of efforts by the Ministry of Law, Justice and Parliamentary Affairs to address the increasing backlog in domestic courts.

During the closing ceremony, the Minister of Law, Justice and Parliamentary Affairs, Barrister Shafique Ahmed, remarked on the importance of this project, helping to solve the problem of “over 2.4 million cases pending in the courts, as at the end of last year.”

The TOT seminar included presentations by all participants in the seminar, under the guidance of international arbitrator David Branson, and ILI´s ADR expert, Carlos Ivan Davila. The presentations were of the highest quality and BIAC may now count on 25 outstanding lawyers who will be able to continue capacity building efforts in arbitration. The ILI will continue to support BIAC, with a new round of trainings in Commercial Arbitration. The ILI recognizes the high quality of the professionals who participated in these trainings, and expects to collaborate in the future with its alumni in Dhaka.

 

Musisi1   Musisi2

Madam Jennifer Ssemakula Musisi, Executive Director
of the Kampala Capital City Authority (KCCA)

      From Left: Charles Ouma, KCCA's Deputy Director for Legal Affairs;
Swithin Munyantwali, Executive
Director, African Centre for Legal
Excellence; Kim Phan, ILI
Executive Director; Madam Jennifer Musisi;
Her Excellecy, Ambassador Oliver 
Wonekha; Prof. Don Wallace,
ILI Chairman; Innocent Silver,
KCCA; and Uganda Embassy Deputy
Chief of Mission,
Alfred Nnam

 

By: Stephanie Yongzhe Wang June 21, 2013

Madam Jennifer Ssemakula Musisi, Executive Director of the Kampala Capital City Authority (KCCA), discussed her recent work in reforming Uganda's capital city of Kampala at a symposium co-sponsored by the International Law Institute and its Uganda affiliate, the African Centre for Legal Excellence (ACLE). The symposium was held at ILI's offices in Washington, DC.

The KCCA is the governing body of the Capital City. It has been responsible for initiating and formulating governance policies and service delivery standards, and monitoring the general administration of the City on behalf of the central government since 2010. Comprised of 344 new professional and qualified staff headed by the Executive Director, the KCCA started the reform with streamlining internal management processes for revenue management, recruitment, and public accountability. "A vibrant, attractive, and sustainable city is the vision," declared Madam Musisi, "and our mission is to deliver quality services in the City."

Prior to her role as KCCA Executive Director Madam Musisi began her career as State Attorney with the Uganda Directorate of Public Prosecutions in the late 1980s. In 1999, she began working at the Uganda Revenue Authority (URA). Madam Musisi is credited with co-authoring the administrative changes which in 2005 culminated in wide reaching URA reforms, in an attempt to rid the agency of corruption. Ms. Musisi rose to the rank of Commissioner of Legal and Board Affairs at URA. Following the expiration of her contract at URA, she retired from the agency in 2010. In April 2011, Ugandan President Yoweri Museveni appointed Jennifer to be the first Executive Director of the newly-created KCCA.

Since the appointment in 2011, Madam Musisi has experienced a life full of drama as a resolute reform leader in Uganda. In her speech, Madam Musisi specified the hardships in setting up a brand-new governing institution in Kampala from inception, and the troubles associated with discovering 151 bank accounts left by the former KCC and reduced them to 8. According to Madam Musisi, collecting revenues was not easy especially in countries like Uganda, where financial management systems had broken down and no online financial system had been established yet.

There were, of course, inevitable difficulties in fundamental reform of a city, including rising political tensions due to the change of power structures in the city. This created many political and operational obstacles to the reform process in Kampala. Ignoring countless death threats from time to time, Madam Musisi continues to work long and exhaustive days to keep the new institution and the reform policies functioning well. "There is so much to do," said Jennifer. Nevertheless her adamant determination of restructuring the city has never been influenced. Jennifer's unrelenting focus on installing good and transparent governance, ensuring quality services for citizens of Kampala, and doing so in a non-political manner, while also managing so many obstacles and threats have earned Madam Musisi the moniker as the "Iron Lady of Uganda".

Her efforts have begun to pay off. Madam Musisi happily shared the results that revenue collections increased 100% in the year 2012. Outstanding progress has been also achieved in: road and drainage construction, garbage collection, updating health center and school infrastructures, increasing green spaces, and developing markets and commercial centers.

Ms. Musisi cautioned however that challenges remain in Kampala which include; insufficient funds, misinterpretation of the KCCA Act, politicization of projects, under-staffing within the KCCA, rebuilding the attitudes of the residents in city leadership, and low capacity of private sector to deliver on contracts.

Madam Musisi strongly emphasized the need for international investment and technology to help develop infrastructure and human resource projects in Kampala. Knowledge and technology transfer programs, short-term volunteer placements in engineering, physical planning, education, health, water and sanitation, as well as support to youth and women's programs would be the potential international partnership opportunities highly appreciated by the City.

Present during the symposium were; Ugandan Ambassador to the United States Her Excellency, Ambassador Oliver Wonekha; Deputy Chief of Mission Ugandan Embassy to the US, Alfred Nnam; KCCA's Deputy Director for Legal Affairs, Charles Ouma; senior officials from the US Environmental Protection Agency and US Department of Agriculture. Representatives from the American Bar Association, directors at the ILI, and other legal professionals from DC were also present.

Chairman of the ILI Professor Don Wallace Jr., Executive Director of the ILI Kim Phan, and Executive Director and Co-Founder of the ILI Uganda (African Centre for Legal Excellence) Swithin Munyantwali jointly hosted the symposium.

The symposium happened to fall on Madam Musisi's birthday. As such the symposium was capped off by a spontaneous birthday song sung by all the attendees in good wishes for Jennifer's birthday. In replying to a question of what would be her special birthday wish, Madam Musisi re-emphasized the current entrenched political system in Uganda and wished that reform disagreements and political self-interest could be put aside to focus on promoting and delivering greater benefits to the people of Kampala and throughout Uganda.

 

KCCA_Invitation

 

Shandong_Prosecutors_2013
 

 

The International Law Institute was proud to welcome Ms. Li Shaohua, Deputy Chief Procurator of Shandong Province, accompanied by an esteemed delegation of senior procurators of Shandong province, China.

Ms. Li was accompanied by Mr. Yang Kean, Plan Equipment Finance Dept., Shandong Province; Mr. Gong Shengchang, Chief Procurator, Rizo City, Shandong; Mr. Shao Ruqing, Chief Procurator, Binzhou City, Shandong; Mr. Lin Shuguo, Deputy Chief Procurator, Linyi City, Shandong; and Mr. Yu Jiliang, Administrative Researcher, General Office of the People's Procuratorate of Shandong Province.

The purpose of this conference focused on discussing the basis and establishment of US prosecutorial authorities, management and training; review of various aspects of the US judicial system and regulatory procedures; and to provide a comparative overview of the US prosecutorial system. This meeting was jointly hosted by Robert Sargin, ILI Deputy Director and head of ILI's Asia initiatives, and Dr. James Apple, Chairman and Founding Director of the International Judicial Academy [IJA].

ILI is proud of our continued relationship with the Shandong Procuratorate and other legal institutions within Shandong Province.  It is our sincere hope that our meetings, training opportunities and exchanges within the Shandong government and legal community will provide substantive benefit to these organizations.

Also attending this conference was Mr. Li Huabing, Shandong COGO Business Travel Consultancy; Ms. Zhang Xi, ILI Associate; and Mr. Chou Kuang-Hao, providing translation.


The International Law Institute is very proud to support Law Day at the the Law Library of Congress.  

ILI encourages everyones participation in this special and most important event.
 

LawDay2013

The Movement in America for Civil and Human Rights


May 1, 2013 - 1:00 PM
Law Library of Congress
Free to the Public



Law Day Program Features U.S. Civil and Human Rights - April 1, 2013 by Jeanine Cali

Mark your calendars! In celebration of Law Day 2013, the Law Library of Congress will host "The Movement in America for Civil and Human Rights."

This program is part of the Law Library's annual celebration of Law Day, a national day to celebrate the rule of law and its contributions to the freedoms that Americans enjoy. In 1957, the American Bar Association instituted Law Day to draw attention to both the principles and practices of law and justice. President Dwight D. Eisenhower established Law Day with a proclamation in 1958. For more information on the celebration, visit Margaret's Law Day Guide.
 

Our event will begin at 1:00 p.m. on Wednesday, May 1, in the Mumford Room, located on the sixth floor of the Library's James Madison Building,101 Independence Ave. S.E., Washington, D.C. The event is free and open to the public; tickets are not required.


The Law Library gratefully acknowledges the Friends of the Law Library of Congress for their support of this program.

Law Day 2013. Design by the American Bar Association.

Carrie Johnson, Justice Correspondent for National Public Radio (NPR), will moderate a panel discussion on the movement in America for civil and human rights and the impact it has had in promoting the ideal of equality under the law in accordance with this year's theme "Realizing the Dream: Equality for All." This year's event is special in that it marks the 150th anniversary of the issuance of the Emancipation Proclamation and the 50th anniversary of the "I Have a Dream" speech by Dr. Martin Luther King Jr.


In addition to the panel discussion, the first draft of the Emancipation Proclamation, handwritten by President Abraham Lincoln, will be placed on rare display at the close of the program for thirty minutes. The draft document was first read by President Lincoln to his cabinet on July 22, 1862.


During the centennial of the Emancipation Proclamation, Dr. King delivered his famous speech on the steps of the Lincoln Memorial on August 28, 1963. Having reread the speech recently, I was struck by the following passage as it relates to this year's program.

"In a sense we have come to our nation's capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men, yes, black men as well as white men, would be guaranteed the unalienable rights of life, liberty, and the pursuit of happiness."

As a nation, are we living up to the rights expressed by President Lincoln and Dr. King? Are all citizens treated equally under the law? What are the next frontiers for civil rights and human rights? These questions and more will be discussed by our distinguished panelist – Sherrilyn Ifill, President & Director-Counsel, NAACP Legal Defense & Educational Fund, Inc.; Jeffrey Rosen, Professor of Law at The George Washington University and Legal Affairs Editor of The New Republic; Risa L. Goluboff, Professor of Law and History at the University of Virginia and Scholar in Residence at the John W. Kluge Center in the Library of Congress; and Kirk Rascoe, Director of Opportunity, Inclusiveness, and Compliance at the Library of Congress.

Remember to follow us on Twitter: @LawLibCongress leading up to and during the event, using #LawDay.

 

leg drafting             Art_Rynearson
Legislative Drafting Step-By-Step   Arthur Rynearson

 

The International Law Institute is pleased to announce the co-publication, along with Carolina Academic Press, of Legislative Drafting Step by Step, by Arthur J. Rynearson.

For 26 years, Arthur Rynearson worked at the non-partisan Office of Legislative Counsel of the United States Senate as a professional drafter of legislation, turning policy proposals into bills drafted to fit seamlessly into the existing body of law. When he retired, the Senate passed a resolution commending his exemplary service as "the primary drafter of all legislation relating to international relations, international security, immigration, and the State Department, and all matters related to Senate consideration of international treaties."

Drawing on his expertise as a legislative drafter, the author has written a book designed to teach and illustrate the best practices in legislative drafting, and how to avoid drafting pitfalls which may end up in legislation that is ambiguous or confusing.

Arthur Rynearson serves as course advisor and principal lecturer for ILI's programs: Workshop on Legislative Drafting and Advanced Workshop on Legislative Drafting. He also serves as a key instructor in ILI's program on Legislative Strategic Planning and Management. 

Mr. Rynearson teaches and consults domestically on state and national legislative matters.

Mr. Rynearson also travels to share his experience and technical knowledge internationally. Recently, in conjunction to with ILI special program initiatives, Mr. Rynearson conducted specialized training for Members of the Lagos State Assembly on Legislative Strategic Management, customized to fit the needs of the State Assembly. Mr. Rynearson also conducted a workshop on legislative drafting for the National Institute for Legislative Studies, the training institute for the Nigerian National Assembly.



.

AR_Constitutional_Reform_Committee                     AR_LEG
Nigerian Senate Constitutional
Reform Committee
  International Conference on Law Reform
and Law Making Process, Abuja, Nigeria 



ILI is very proud of our relationship with Mr. Rynearson and is very thankful for his generous sharing of knowledge and practical solutions in the most important role of drafting of law.

ILI
spoke with Mr. Rynearson on the release of his forthcoming publication, Legislative Drafting Step by Step:

       ILI:  


Why did you write Legislative Drafting Step-by-Step?

  AR:   Two reasons, closely related, drove me to write the book. First, I wanted to pass on to beginning and intermediate-level drafters the skills and best practices that I acquired over more than 25 years as a professional legislative drafter in the U.S. Senate. Second, I wanted to fill the knowledge gap, and remove the fears, of many legislative staffers about legislation and legislative drafting. Only by understanding the basics of legislative drafting can a legislative staffer hope to collaborate effectively with veteran drafters to produce well-written legislation. In short, the book aims to make a contribution towards legislative capacity-building. The methods and practices described in the book are not confined to the U.S. Congress, but may be applied to any democratic legislature. This is entirely in keeping with ILI's rule-of-law mission.
      .
  ILI:  
How do you see the book being used?

  AR:   In two ways: The book can be read cover-to-cover, since it provides a comprehensive framework of analysis for converting legislative policy proposals into a bill, resolution, or amendment.  But it may also be used as a reference work in which the reader can research particular drafting issues to see how I would approach them. Either way, I would encourage every reader to try the drafting exercises in the book and test their writing skills.
      .
  ILI:  
How is Legislative Drafting Step-by-Step different from other books on the topic?

  AR:   The book is unique in that its 5-step approach to drafting legislation is exclusively my own, but also because the connections drawn between well-written legislation and rule-of-law values represent my own thinking. The book is, hopefully, concise, easy-to-understand and user-friendly, with many illustrations and examples to illuminate the text. This helps make the book different from other drafting manuals.
      .
  ILI:  
Does the reader need any background in drafting legislation in order to profit from reading the book?

  AR:      

No. Legislative Drafting Step-by-Step does not require the reader to have any prior experience with legislative drafting. Each chapter begins with basic information on the topic, becoming progressively more technical and detailed. So the book serves both as an introduction to legislative drafting and also to provide additional layers of understanding for intermediate-level drafters. The book not only teaches drafting techniques, but also explains the reasons behind the techniques, of which some drafters are unaware.

The book is designed to assist anyone who is handling legislation or statutes, so the readership should be quite broad, encompassing not just legislators and their staffs, but also lobbyists, lawyers in private practice, and law professors teaching statutory law. The book also describes how statutory law fits into our constitutional system. The subject of statutory law is overlooked by many law schools, and many lawyers are not skilled at using statutes. They should benefit from reading the book.

       
  ILI:  
Will the book be useful in connection with other legislative systems besides the U.S. Congress?

  AR:   Absolutely. The book attempts to demonstrate that drafting techniques cannot be taught in a vacuum. There is a relationship between well-written legislation and certain enduring rule-of- law values such as transparency and accountability. These are universal values which should be embedded in the legislation of any democracy. It is my belief that foreign legislators and legislative staff, particularly in emerging democracies, can benefit from the book just as well as legislators and their staffs in the U.S. Congress. Legislative Drafting Step-by-Step is an effort to enhance legislative capacity-building without regard to a particular legal system, so long as it is democratically based. 
 
  ILI:  
What do you wish readers to take away from Legislative Drafting Step-by-Step?

  AR:  

First, I want readers to learn the best practices in writing legislation. I also want readers to become aware that sound drafting practices and rule-of-law values go hand-in-hand. To draft legislation that is not transparent or that does not promote accountability is to draft legislation poorly. And there are other democratic, rule-of-law values discussed by the book that are equally important.



Legislative Drafting Step by Step is available for purchase through Carolina Academic Press, and should be released during May, 2013.  Learn More or Purchase HERE.


External Link: Arthur Rynearson - Biography

 

 

Bangladesh_BAIC_2013

From left, Sabur Khan, DCCI president; Toufiq Ali, Chief Executive of Bangladesh
International Arbitration Centre (BIAC);Rokia A Rahman, MCCI President; Shafique Ahmed,
Law Minister; Latifur Rahman, Member of BIAC Council and Chairman of Transcom
Group; Kyle Kelhofer, Country Manager of IFC; Carlos Davila, Program Manager, ILI
lead the Commercial Arbitration program.

 

The ILI and the Bangladesh International Arbitration Centre (BIAC) organized the first seminar on commercial arbitration in Dhaka, Bangladesh. The seminar took place in January 2013.

The seminar was sponsored by the Minister of Law; Justice and Parliamentary Affairs of Bangladesh; and the International Finance Corporation (IFC) as part of an initiative to alleviate the growing backlog of cases in local courts and to expedite adjudication of commercial disputes. The trainingr was offered as part of a more comprehensive program which will include the training of a local arbitrators and training for judges who have jurisdiction over arbitration.

The training was attended by 65 professionals from the business community in Bangladesh, including prominent lawyers, bankers, accountants, engineers, distinguished business executives and other members of civil society.

The program was inaugurated by the Minister of Law, Justice and Parliamentary Affairs, Barrister Shafique Ahmed.

The opening ceremony included a welcome Chief Executive of BIAC, Dr. Toufiq Ali; remarks by the Chairman & CEO of Transcom, Latifur Rahman; IFC Country Manager, Kyle Kelhofer; President of the Metropolitan Chamber of Commerce and Industry, Dhaka (MCCI), Rokia Afzal Rahman; President of Dhaka Chamber of Commerce & Industry (DCCI), Md. Sabur Khan; and Carlos Ivan Davila, Program Manager from the ILI.

 

Related Articles:

National News Organization of Bangladesh:   http://www1.bssnews.net/newsDetails.php?cat=0&id=305984&date=2013-01-13
The Financial Express:    http://www1.bssnews.net/newsDetails.php?cat=0&id=305984&date=2013-01-13
The Daily Star:    http://www.thedailystar.net/newDesign/news-details.php?nid=265053