The International Law Institute was honored to take part in the Belts and Road International Strategic Cooperation forum, held in Shenzhen, China on April 14 – 15^th.  The forum was hosted by State-Owned Assets Supervision and Administration Commission of the State Council [SASAC – the body governing state-owned enterprises in China] and the State Administration of Foreign Expert Affairs [SAFEA].  This program served as a sub forum to the 15^th Annual Conference on International Exchange of Professionals.

In addition to SASAC and SAFEA the sub forum was co-sponsored by the Beijing Future-Land Information Consulting Co.

The International Law Institute together with the China International Legal Professional Alliance [CILPA] assembled experts from China and the US to discuss legal risk and risk prevention of ‘overseas investment compliance review’ and ‘intellectual property trade’ for Chinese SOEs expanding operations internationally, as part of the Belt and Road initiative.  

With the implementation of new Belt and Road initiatives and the expanded internationalized operations of Chinese central SOEs, identifying and mitigating legal risk has become of critical importance. It was our goal to bring awareness of potential risk related to intellectual property and complex international contract issues as central SOEs operate abroad.

The program was moderated by Ms. Helen CAI, General Manager of China International Intellectech Co. Ltd.  Speaking on behalf of CILPA and ILI were Dr. Richard Thurston, of Counsel, Duane Morris, LLP [NY and Taiwan offices].  Dr. Thurston previously served as Senior Vice President and General Counsel of Taiwan Semiconductor Manufacturing Company, Ltd., where he was also Chief Proprietary Information Officer (Trade Secrets), and Corporate Compliance Officer.   Dr. Thurston was joined by Mr. ZHENG ‘Chris’ Liu also from Duane Morris, LLP [DC office]. Also speaking were Mr. WANG Zhengzhi, Partner of Global-Law Law Firm [Beijing office], and Mr. CHEN Fayun, Senior Partner Grandall Law Firm.  Mr. CHEN also serves as Chair of the International Law & Practices Section of the Jiangsu Bar and also serves and a CEITAC arbitrator.  Participating for ILI was Robert Sargin, Deputy Director.

Mr. CHEN Fayun - Grandall Law Firm	Dr. Richard Thurston - Duane Morris, LLP	Mr. WANG Zhengzhi - Globe-Law Law Firm

The International Law Institute proudly announces Volume 2 in in our Series on International Law, Arbitration, and Practice.  Our new publication is titled "Natural Resources and the Law of the Sea: Exploration, Allocation, Exploitation of Natural Resources in Areas under National Jurisdiction and Beyond". 

This volume is principally edited by Lawrence Martin, a partner at Foley Hoag LLP where he serves as Deputy Chair of the firm’s International Litigation and Arbitration Department; Constantinos Salonidis, a Senior International Associate at Foley Hoag LLP with extensive experience in international dispute resolution; and Christina Hioureas, Chair of the United Nations Practice Group at Foley Hoag LLP. General editing of the work was performed by Ian A. Laird, Co-Chair of the International Dispute Resolution Group at Crowell & Moring LLP; Borzu Sabahi, a Partner in the International Arbitration Group of Curtis, Mallet-Prevost Colt & Mosle LLP; and Anne Marie Whitesell, a Professor and Faculty Director of the Program on International Arbitration and Dispute Resolution at Georgetown University Law Center.

A timely and in-depth investigation and analysis of key issues across the law of the sea and natural resources disciplines, Natural Resources and the Law of the Sea focuses on the United Nations Convention on the Law of the Seas (UNCLOS) and its application to the exploration, allocation, and exploitation of natural resources.  Natural Resources and the Law of the Sea features edited transcripts of speeches delivered by leading experts during the December 2016 conference co-sponsored by the International Law Institute and Georgetown University Law Center.  Accompanying these insights are additional papers from a number of scholars, practitioners, and various government officials addressing issues related to those discussed at the conference.

To Purchase: 

Natural Resources and the Law of the Sea: Exploration, Allocation, Exploitation of Natural Resources in Areas under National Jurisdiction and Beyond is available for purchase from Juris Publishing in both hardcover and digital formats.

Mr. Guogang LI

The International Law Institute is proud to announce the addition of Mr. Guogang Li as an Advisor with our International Trade Law Center, working alongside Mr. Patrick Macrory, Director. Mr. Li will also contribute as faculty in both in our Trade and International Investment seminars. Mr. Li brings unmatched expertise and experience to the Center and will be an invaluable asset to participants enrolled in the ILI’s Trade and Investment Courses.

Presently, Mr. Li is a Senior Trade Advisor at the firm White & Case in Washington, DC where he specializes in inbound and outbound trade remedy cases, World Trade Organization negotiations and disputes, regulatory issues involving trade and investment in China, and issues arising under China’s Anti-Monopoly law.

Previously, Mr. Li served as a Director in the Chinese Ministry of Commerce where he designed many of China’s trade laws and regulations and was a founding member of the Chinese anti-dumping law practice. Notably, in this role, Mr. Li was instrumental in the settlement of the world’s largest trade dispute involving China and the European Union valued at over US$20 billion.

Mr. Li is a graduate of American University Washington College of Law where he earned his LLM in international legal studies. During his tenure at American University Mr. Li was a Humphrey Fellow, sponsored by the U.S. Department of State. Mr. Li also holds a Master’s of Economics degree from the University of International Business and Economics in Beijing, China and a Bachelor’s degree in accounting from the University of Commerce in Tianjin, China.

China Law Society Meeting US Senate Judiciary		American College of Trail Lawyers with Richard Busse, Robert Goodin, Susan Harriman, Honorable Susan Illston, and the Honorable Charles Renfrew (ret.)

The International Law Institute was again honored to have received an esteemed delegation of senior legal scholars, practitioners, and government representatives from China Law Society.

This was the second program in as many years, focusing on the Distribution of Judicial Powers in the US.

China Law Society (CLS) is a nationwide professional and academic organization, serving as a bond between Chinese legal professionals and legal practitioners. It plays an important role in developing the legal system, fostering legal research, and promoting the rule of law in China. China Law Society, its affiliated associations and local branches have actively organized legal professionals and practitioners in China to participate in the nation's legislation, judiciary, law enforcement and law popularization activities, have conducted legal researches and exchanges of multi-subjects, multi-levels and broad-fields, thus have made certain contributions to promoting rule of law in China, and to advance the development of the rule of law in China and to advance social prosperity.

Established in 1949, China Law Society now has 32 provincial branches, 56 affiliated associations and nearly 300,000 members. It serves at a very high level of prestige and input to the Chinese government and legal community and provides substantive legal impact both domestically and internationally. [www.chinalawsociety.com]

Hon. Michael Mihm, U.S. District Court for the Central District of Illinois		Honorable Marian Horn, United States Court of Federal Claims

As a major channel of foreign legal exchanges in China, China Law Society maintains relations with more than 800 legal institutions from over 100 countries and regions globally. China Law Society maintains Memorandum of Mutual Cooperation with over 135 institutions from 88 countries. In cooperation with their international partners, China Law Society has conducted broad cooperation in mutual visits, academic studies, as well as legal professional training. *

The International Law Institute conducted training in 2015 with the China Law Society on “Judicial and Prosecutorial Independence; Selection Procedures of Judges and Prosecutors; and Oversight and Management Mechanisms”

That program provided the China Law Society thorough and diverse views and practices of the US judicial system and facilitated deeper comparative analysis of legal systems between US-Sino national systems, leading the China Law Society to submit a number of judicial reform recommendations upon their return to China. Selected recommendations by CLS were subsequently approved and enacted this year.

Mr. Meng Jianzhu, who heads the Central Political and Legal Affairs Commission of the Communist Party of China [overseeing the Judiciary, Prosecutors, Police and Public Safety] recognized ILI’s program as being exemplary and a model for foreign legal training. The program was highly publicized in China including “Democracy and Law” a leading legal publication.

Discussion points for this training continued to focus on U.S judicial practices, polices, and oversight systems.

Training was conducted in Washington, DC and San Francisco.

China Law Society at the Ninth Circuit Court of Appeals		Bob Horowitz, Director of Professional Services, American Bar Association

The delegation was led by Mr. XIAO Yubin, Deputy Director-General Membership Department, China Law Society. The delegation was further comprised of: Mr. SHAO Yu, Executive Vice-President Qinhai Law Society; Mr. DENG Jiawen, Executive Council Member, Fujian Law Society; Ms. JIN Nan, Director, Overseas Liaison Department, China Law Society; Mr. GAO Xin, Executive Council Member, Henan Law Society; Mr. SHEN Zhishen, Executive Council Member, Zhejiang Law Society; Mr. WU Peng, Executive Council Member, Jiangxi Law Society; Mr. LI Shaolin, Deputy Director-General Sichuan Public Security Bureau; Mr. FENG Zibao, Deputy Director-General, Ningxia Public Security Bureau; Mr. DU Hengnian, Deputy Director-General, Guangxi Justice Bureau; Mr. LIU Miao, Deputy Director-General, Shandong Justice Bureau; Mr. TANG Qingyang, Vice-President, Professor, Chongqing Party School; Mr. ZHAO Jie, Executive Council Member, Jinan Law Society; Mr. LI Yong, Council Member, Hainan Law Society; Mr. WANG Xiadong, Director, Inner Mongolia Social Management, Innovation Research Center; Mr. MIAO Lianying, Dean, Professor Law School Zhengzhou University; Ms. PENG Fenglian, Dean, Professor, Law School of Anhui Normal University; Mr. SONG Qing, Deputy Dean, Professor Low School of Guizhou Minzu University; Mr. YANG Weigui, Deputy Director, Personnel Department, China Law Society; Ms. SHEN Hui, Deputy Director, General Office Chinese Law Counseling Center; Mr. HE Peng, Program Officer, China Legal Exchange Center.

This program was supported by the gracious and expert inputs from a humbling assembly of training partners from the U.S. federal and state governments; law firms, and private sector legal organizations. ILI respectfully acknowledges the immeasurable expertise, contributions and program support from Professor James Feinerman, Georgetown University Law Center; Honorable Michael Mihm, Federal Judge, U.S. District Court for the Central District of Illinois; Honorable Marian Horn, United States Court of Federal Claims; Jim Chance, Federal Judicial Center; Lauren Mehler, US Senate – Senate Judiciary Committee; Ms. Tammy Reno and Ms. Barbara Ward, US Department of Justice; Mr. Joseph Cassilly, State's Attorney, Harford County, Maryland, representing the National District Attorney Association; Mr. Larry Moltzan, Chief National Center for Judicial Security, US Marshals Service; Mr. Geoffrey T. Cheshire, Legal and Policy Division Defender Services Administrative Office of the U.S. Courts ; Mr. Geremy Kamens, Acting Federal Public Defender, Eastern District of Virginia; Mr. Raul Ayala Assistant Federal Public Defender, Central District of California; Mr. David Porter Assistant Federal Public Defender, Eastern District of California Sacramento, CA)- Legal and Policy Division Defender Services Administrative Office of the U.S. Courts; Mr. Barry Pollack and Mr. Norman Reimer, National Association of Criminal Defense Lawyers; Mr. William Collins, Appellate Attorney and Ms. Janet Mitchell, Special Counsel and Supervising Attorney, Public Defender Service for the District of Columbia; Mr. Scott Harris, Clerk of the Supreme Court of the United States; Bob Horowitz, Director of Professional Services DC; Dennis Rendleman, Lead Senior Counsel, Ethics, Center for Professional Responsibility; Denise Cardman, Deputy Director, Governmental Affairs Office; Courtney Bronson, Associate Director Education, Center for Professional Development; Ms. Vanessa Hunsberger and Ms. Nominsuren Munkhuu, American Bar Association; Ms. Molly Dwyer Clerk of Courts, Ms. Lisa Fitzgerald, Chief Deputy Clerk; Kathleen Butterfield Court Historian, Mr. David Madden Assistant Circuit Executive For Public Information; Judge Marsha Berzon, Circuit Judge, and the Honorable William Fletcher, US Court of Appeals for the Ninth Circuit; Mr. Thomas Burke, Esq. Co-Chair Media Law Practice at Davis Tremaine LLP, Lecturer at Graduate School of Journalism Univ. California – Berkeley; Mr. William Freeman, Partner - Jones Day; Mr. Jeffery Apperson – Vice President, National Center for State Courts ; Mr. Richard Busse, Partner, Busse & Hart, LLP, Robert Goodin, Partner, Goodin, MacBride, Squeri & Day, LLP; Ms. Susan Harriman, Partner, Keker & Van Nest, LLP; Honorable Susan Illston, US District Court for the Northern District of California, and the Honorable Charles Renfrew (ret.), representing the American College of Trail Lawyers.

Program development and oversight by Robert Sargin, ILI Deputy Director. Special appreciation to ILI Associates, Ms. Shuyu Shen, Mr. Lixun Chen, Mr. Zitian Sun.

CLS at the US Supreme Court		Honorable William Fletcher, US Court of Appeals for the Ninth Circuit

Dr. Allan Burman discusses government contracting and procurement protocols

The International Law Institute, in collaboration with the Beijing Lawyers Association and the Beijing Foreign Studies University, has recently completed training, in Beijing, for Chinese lawyers who will be working with the new Asian Infrastructure Investment Bank [AIIB] as well as clients of the AIIB including vendors, sovereigns, co-investors, and related parties.

Led by Dr. Allan Burman, President of Jefferson Solutions and an ILI expert faculty, training focused on government procurement and contracting procedures, sourcing, bid and award protocols, performance based acquisitions, and the regulatory structure and oversights of each.  Dr. Burman further presented on procurement polices of multilateral development banks involved in the contracting of development projects utilizing the World Bank Procurement Framework and detailing Contracting, Compliance, Integrity and Transparency compliance.

Dr. Burman is noted for his exemplary career in the Federal government, serving in policy positions in the Office of the Secretary of Defense and in the White House’s Office of Management and Budget (OMB) under Presidents Reagan, Bush and Clinton. As Administrator for Federal Procurement Policy in OMB, Dr. Burman authored the 1991 policy letter that established “performance-based contracting” as the favored approach for contract reform. 

For Immediate Release                                                                     

special announcement

..................

It is with great pleasure that Professor Don Wallace, Jr., Chairman of the International Law Institute [www.ili.org] and Dr. James G. Apple, Chairman of the International Judicial Academy [www.ijaworld.org], announce the approval of a merger between the two organizations, effective October 1, 2016 with regulatory issues requiring several weeks to complete.

On behalf of their organizations, both Professor Wallace and Dr. Apple look forward to collaborating on advances in judicial and court training; supporting judicial reform initiatives globally; and expanding joint program offerings. Areas of specific focus will be court innovations and efficiencies; prosecutorial and defense attorney training; court technology; rights of the accused and human rights; influences of media on the courts and the judicial process; and specialized prosecutions, among other important topics.

Professor Wallace notes that the inclusion of IJA as ILI’s newest Center of Expertise will greatly enhance our program offerings as a full service institution assisting in strengthening judicial systems globally. Additionally, the ILI will be better positioned to support country-specific judicial and legal reforms with our clients around the world.

Dr. Apple affirms this notion, adding that the merger also allows IJA to expand its program options; its areas of outreach, including working with ILI’s global affiliates; as well as leveraging ILI’s vast access to international technical legal experts.

Under the merger, IJA will become a Center of Expertise within the International Law Institute.  Current Centers of Expertise include Alternative Dispute Resolution; Comparative Legislative Management; International Investment Law Center; International Trade Law; Private Investment in Infrastructure; and Procurement Law and Policy.

Dr. Apple will serve as the Center’s Director, and will continue to lead the mission and opportunities of the IJA.

The ILI is a leading provider of training and technical assistance in international law, international economics, and other aspects of international relations.  Established in 1955 and formerly part of Georgetown University, ILI is now an independent, non-political, non-profit educational institute serving a global constituency.  More than 30,000 participants, from over 186 countries, have been trained by ILI and its global affiliates. ILI also provides technical expertise to developing nations in the drafting of laws and the designing of their economic and government policies in efforts to further support and promote good and efficient governance through the rule of law. 

The ILI has drafted over 40 laws (subsequently enacted) for developing countries; designed and implemented country systems (Arbitration / Mediation, Public Procurement; Banking System; Anti-Corruption protocols) among other notable achievements.  Moreover, the ILI works closely with many governments across the globe including that of the United States where we work with the US Department of State teaching at the Foreign Service Institute as well as publishing various legal and scholarly texts.

The International Judicial Academy was founded in 1999 with the mission of “promoting the rule of law around the world through quality education, training and research” for judges, court officers, ministry of justice officials and other rule of law officers.  To accomplish this, the IJA has emphasized in its programs strengthening the judiciaries of client countries by promoting judicial independence and internationally recognized good practices. Its educational programs have promoted the effective roles of judges and court personnel in modern, fair, efficient, accessible, and transparent legal systems.

To date, the IJA has planned and conducted 160 seminars, conferences, and other educational programs for over 5,000 judges, court officers, and rule of law officials from nations in the Middle East, Far East, Africa, and South America.

IJA brings its scholarly publications including “International Judicial Monitor,” a globally recognized and awarded on-line publication which is created and operated in partnership with the American Society of International Law.  This publication is used to promote and exchange technical dialogue throughout the judicial community.

Published four times per year, the International Judicial Monitor features topics including: Justice in Profile; International Tribunal Spotlight; Global Judicial Dialogue; General Principles of International Law; Leading Figures in International Law; Justice Sector Assessment; In Review - New Publications on International and Comparative Law; Historic Moments in International Law; Private International Law Discourse; Judicial Reform Report which focuses on specific areas of judicial reform; editorial commentary; and 100 Ways International Law Shapes Our Lives.

The combined organization remains a non-profit, non-political, educational, and technical assistance organization, headquartered at the International Law Institute, 1055 Thomas Jefferson St. NW, M-100, Washington, DC  20007, +1.202.247.6006.

Werner Kronstein

The International Law Institute wishes to celebrate the life of one of its long-time leaders and honor his contribution to the Institute, the rule of law and the legacy of his father, who founded the Institute.

It is with great sadness that the International Law Institute reports the passing of Werner J. Kronstein.  Werner was a long-time member of the ILI’s Board of Directors, in recent years having served as its vice chairman. He was the son of Professor Heinrich Kronstein, the founder of the International Law Institute.  Werner spent the bulk of his legal career as a partner in the international law firm of Arnold & Porter, where he focused his practice on the representation of international corporations in matters before the Securities and Exchange Commission. Notwithstanding his busy practice, Werner always found time for the ILI.   In recent years especially he devoted much time and effort to honoring and promoting the legacy of his father, Heinrich Kronstein.

Werner received his A.B. from Georgetown University in 1953 and his LL.B. from the Georgetown University Law Center in 1956.

After World War II Werner’s father, Professor Heinrich Kronstein, devoted himself to developing closer ties between the European and American legal systems and was highly instrumental in bringing concepts of American antitrust law and other principles of American law to post-war Germany.  In recent years Werner spent extensive amounts of time in researching, collecting and cataloguing the important writings of his father on antitrust law and other topics and in honoring his father’s significant historical legacy.  This included Werner’s helping to organize a 2010 reunion in Frankfurt of the so-called Kronstein Kreis of lawyers who had worked and/or studied under Heinrich Kronstein; a 2014 symposium at Heidelberg University largely devoted to Heinrich’s legacy in bringing concepts of antitrust law to Germany after World War II; and a symposium at Heidelberg in June 2016 which addressed the topic of Antitrust Law in Information Technology Markets.  Werner also helped to honor his father’s legacy at ILI’s 60^th Anniversary dinner held in December 2015 at the German Embassy in Washington, DC.

Werner Kronstein is survived by his devoted wife of 53 years Ilse Marie, and his son Phillip.  

The International Law Institute was pleased to welcome a leadership delegation from the People’s Procuratorate of Shandong Province, China.  The esteemed delegation was headed by Mr. Lyu Shengchang, Vice Procurator-General of People’s Procuratorate of Shandong Province and accompanied by Mr. Wei Yun, Procurator-General of People’s Procuratorate of Zibo City; Mr. Liu Jiaxiang, Procurator-General of People’s Procuratorate of Zaozhuang, City; Ms. Yu Ping, Vice Procurator-General of People’s Procuratorate of Qingdao City; Miao Chengying, Director of Large Case Command Center of Anti-Corruption Bureau of People’s Procuratorate of Shandong Province; Mr. Li Yuxiang, Standing Committee Member of Police Force Division of People’s Procuratorate of Shandong Province; and Ms. Wang Yang, General Manager of Shandong Regov Foreign Affairs Service Co., Ltd.

Meetings focused on prosecutorial investigation of misappropriation of public money and the recovery of assets and specialized programs for prosecutorial and enforcement agencies.

The meeting was hosted by Robert Sargin, ILI Deputy Director along with Kim Phan, ILI Executive Director; Ralph Caccia, Expert Faculty and Partner of Wiley & Rein LLP., and Stefan Cassella, Expert Faculty and Owner of Asset Forfeiture Law, LLC. The conference was supported by the assistance of ILI Associates Ms. Shuyu Shen and Mr. Zitian Sun.

The International Law Institute has for many years worked closely and constructively with officials and the legal community in Shandong Provice, and hopes to be of continued assistance as a specialied techncial resource.