International Law Institute

International Law Institute
Motto Fostering Prosperity Through the Rule of Law
Established 1955
Focus International Development, Capacity Building, Technical Assistance,
Chairman Professor Don Wallace, Jr.
Key people

Kim Phan -Executive Director Robert Sargin - Deputy Director Chief Financial Officer

Director of China Program
Location Georgetown, Washington D.C., United States
Address 1055 Thomas Jefferson St. NW Suite M-100
Website http://ili.org/

The International Law Institute, also known as the ILI, was founded as part of Georgetown University in 1955.[1][2][3] The ILI provides training and technical assistance to help find practical solutions to the legal, economic and financial problems of developing countries.[4] The ILI has trained over 15,000 officials, managers, and practitioners- from more than 185 countries- since it held its first seminar in 1971. Since 1983, the ILI has been an independent, non-profit educational institution[5] serving government officials, legal and business professionals and scholars from its headquarters in Washington, D.C.

The ILI is headquartered in Washington, D.C., and has regional centers in Kampala, Uganda,[6][7] Abuja, Nigeria,[8] Cairo, Egypt,[9] Santiago, Chile, and Istanbul, Turkey. The ILI's training and technical assistance programs are conducted by adjunct faculty and advisors, professionals of all nationalities from government, academia, multilateral organizations, and the private sector.[10] 2

Mission of The International Law Institute

"To raise levels of professional competence and capacity in all nations so that professionals everywhere may achieve practical solutions to common problems in ways that suit their nations’ own needs. The ILI conducts research, provides practical training and education in Washington its regional campuses, and elsewhere; advises governments and private entities internationally; and publishes books and scholarly articles." [11][12][13]

History of the International Law Institute

The Institute was founded in 1955 at the Georgetown University Law Center[14] A sister institute, the Insitut für Ausländisches und Internationales Wirtschaftsrecht,[15] was founded at the same time at Johannes Goethe University in Frankfurt, Germany; it continues its work today.[16] Professor Heinrich Kronstein, the Institute's first director,[17] fled Germany in the 1930s[18] and spent more than a decade studying and teaching at the law schools of Columbia University and Georgetown University.[19] Following World War II he returned to Germany to work for the reconstruction of legal education. Professor Kronstein believed that closer ties between European and American legal systems would facilitate business and trade.[20] The Institute's early years were marked by scholarly work and academic exchanges.[15]

Beginning in the early 1970s—under the leadership of a new director, Professor Don Wallace, Jr., of Georgetown[21] - the ILI expanded its focus to include professional training in the legal, economic, and financial problems of developing countries. An early collaborator in this work was Professor Robert Hellawell[22] of Columbia University Law School.

The earliest courses offered were Foreign Investment Negotiation and International Procurement. Since then the curriculum has evolved to reflect, and promote, the centrality of the private sector and an enabling role on the part of the public sector in promoting the conditions for economic growth. This direction was heightened in the early 1990s when the Institute's work expanded to include the problems facing nations formerly part of the Soviet Union as they began to make the transition to market economies and the rule of law.

Today the International Law Institute is an independent, not-for-profit organization.[5] It continues to work closely with Georgetown University,[23] as well as with numerous corporations, international organizations,[24][25] and governments.[26]

Publications

The International Law Institute publishes numerous publications. The most notable is The Digest of United States Practice in International Law, covering developments in U.S. International Law annually, published with the assistance of the US State Department and the Oxford University Press. The Digest is available both in print and on the State Department's website.[27] The posting on the web is the Department of State's Office of the Legal Adviser and the International Law Institute's attempt to make the historical record of U.S. practice of international law accessible.

The Digest traces its history back to an 1877 treatise[28] by John Lambert Cadwalader, which was followed by multi-volume encyclopedias by Francis Wharton (1886), John Bassett Moore[29] (1906), Green Hackworth[30] (1940–1943) and Marjorie Whiteman[31](1963–1971), and an annual Digest beginning in 1973 under the editorship of Arthur Rovine and later Marion Nash Leich, which concluded with cumulative volumes for 1981--[1988].[32] Although publication was temporarily suspended after 1988, the office resumed publication in 2000 and has since produced volumes covering 1989 through 2008. A cumulative index covering 1989-2006 was published in 2007, and an updated edition of that index, covering 1989-2008 will be published in 2010.[33]

In addition, the ILI publishes books on international and transnational commercial law, trade, litigation, commercial dispute resolution, and foreign legal systems.[34] Recent and ongoing ILI publications include Introduction to Legal English, by Mark Wojcik, now in its third edition, designed to introduce legal English to law students and lawyers whose first language is not English;[35] and International Judicial Assistance, by Bruno A. Ristau and Michael Abbell,[36] a seven-volume work designed as a practical guide for attorneys engaged in transnational litigation.

Training Courses

The International Law Institute offers courses which cover topics relating to national and international business, investment, and governance. These topics include procurement, privatization, arbitration and mediation,[37] negotiating and implementing trade agreements, The World Trade Organization(WTO) rights and obligations, project management, legislative drafting, judicial administration,[38] corporate governance, bank restructuring, and borrowing & debt management.

In addition, for foreign lawyers and law students preparing for graduate legal(L.L.M) study in the U.S, and others whose jobs require an understanding of the U.S. legal system, the ILI runs the longest continually running U.S. legal orientation program. Two courses are offered- introduction to Legal English and Legal Writing and Orientation to the U.S. Legal System. Participants are introduced to the U.S. legal methods and process, central U.S. judicial doctrines and the basic research skills needed in the study of the U.S. law and for communicating with the U.S. colleagues and clients.[39]

Technical Assistance

The ILI serves as an advisor to governments and multilateral organizations in many areas, including among others, specific negotiations, problems, and special assignments, such as drafting of agreements, legal education (Russia),[40] focused studies, revision of regulations, contract standardization, legislative drafting, procurement, and project management. Some projects on which the ILI has worked are Central Banking Reform (China), Judicial Reform (Commonwealth of Independent States),[41] Transportation Infrastructure to Support Trade (Ukraine),[42] Administrative Law Reform (Ukraine), WTO Judicial Training (China),[43] Procurement Reform (Honduras).

Center for Public Procurement Law and Policy

The International Law Institute established the Center for Public Procurement Law and Policy to strengthen its program of legal training and technical expertise to developing and transition countries in public procurement law and policy.

International Trade Law Center

The ILI has established an International Trade Law Center to assist countries in participating effectively in the WTO and the markets it creates. The Center provides advice to national governments on establishing the legal and administrative structures necessary to comply with their obligations under the WTO agreements, as well as advice on issues relating to dispute resolution. The Center provides training to participants in government, in business, and in professional practice with respect to the WTO rules, procedures, and practices.

Alternative Dispute Resolution Center

The Center is chiefly a teaching institution. It offers the following arbitration and mediation seminars at the ILI's Washington headquarters: "Arbitration and Mediation", "Advanced Arbitration and Mediation" and "Arbitration for Judges". Recently, the Center has created a new seminar on "Oil & Gas Contracts and Dispute Resolution" The seminars cover the legal structures that underlie arbitration and mediation, as well as an opportunity for participants to take part in mock arbitrations and mediations. The Center has developed special programs for judges, to assist them in their critical tasks of overseeing and supporting ADR regimes in their countries.

Private Investment in Infrastructure Center (PII Center)

The Private Investment in Infrastructure Center (PII Center) of the International Law Institute provides training and technical assistance related to the policy, financial and legal aspects of private participation in the provision of infrastructure.

Center for Comparative Legislative Management

The International Law Institute's Center for Comparative Legislative Management offers advise to legislatures at the state, national, and international levels on both strategic and operational issues. The main focus of the Legislative Management Center is to assist lawmakers and staff in being more effective in their oversight and legislative responsibilities.

International Investment Law Center

The International Law Institute's International Investment Law Center provides training and technical assistance relating to international treaties and investor-state arbitration, as well as custom training programs.

Leadership

Board of Directors

Professor Don Wallace, Jr. (Chairman) Professor of Law Georgetown University Law Center

Charles O. Verrill, Jr., Esq.(President) Partner, Wiley, Rein & Fielding Board of Visitors Duke University Law School

Werner Kronstein, Esq. Former Partner, Arnold & Porter LLP

Kim Phan Executive Director - International Law Institute Former Asian Development Bank US-AEP Representative/ US Mission to ADB Foreign Commercial Service/US Embassy

Robert Sargin Deputy Director - International Law Institute; Chief Financial Officer and Director of the ILI's Asia Initiatives. Board Member of Friends of the Law Library of Congress; Board Member of United Rule of Law Appeal [Non-ILI Board Member]

Spencer S. Griffith, Esq. (Vice Chairman) Partner - Akin Gump, LLP Former Managing Partner of Akin Gump's Beijing Office

Hongxia Liu Associate Vice Chancellor & Chief Operating Officer, New York University, Shanghai Formerly Executive Director at the World Justice Project Director of Legal Research at the US Law Library of Congress Representative and Director, Asia Pacific at International Law Development Organization (IDLO)

Umit Herguner, Esq. Founding Partner - Herguner Bilgen Ozeke Attorney Partnership, Istanbul Former President of the Turkish Corporate Governance Association Formerly Special Counsel, Reid & Priest, New York Former Asst. Professor of Public International Law, Istanbul University School of Law

Foster De Reitzes Former Partner, Wilkinson Barker Knauer, LLP, 30 years private practice - litigation, administrative law, energy

Swithin Munyantwali Executive Director - African Centre for Legal Excellence - (ILI Uganda) Non-Executive Director - Barclays

Eli Whitney Debevoise II Partner - Arnold & Porter LLP

Russell Carpenter, Esq. (Counsel to the Board of Directors) [Non-Board Member] Senior Counsel - Covington & Burling

Stuart Kerr Jones Day

References

  1. ↑ West Publishing Company, The Guide to American Law: Everyone's Legal Encyclopedia, Volume 6, West Pub. Co., 1984, ISBN 9780314732248, retrieved 2001-06-09
  2. ↑ Klaus Peter Berger (Editor), Georg Borges (Editor), Harald Herrmann (Editor), Zivil- Und Wirtschaftsrecht Im Europaischen Und Globalen Kontext / Private and Commercial Law in a European and Global Context, de Gruyter Recht (May 2007), p. 1271, ISBN 3-89949-242-0, retrieved 2001-06-10
  3. ↑ See Additionally Challenges of Forging Civil Society Partnerships for Judicial Reform /Waleed H. Malikat page 14
  4. ↑ idealist.org
  5. 1 2 "Guide Star- Non-profit verification". Retrieved 2010-06-10.
  6. ↑ "Northern Uganda Rehabilitation Programme (NUREP) has awarded a Human Rights Based and Conflict Sensitive Approaches (HRBA) consultancy to the International Law Institute.". Retrieved 2010-06-10.
  7. ↑ "Idealist".
  8. ↑ "African Parliamentary Knowledge Network- Nigeria". Archived from the original on July 20, 2009. Retrieved 2010-06-10.
  9. ↑ "African Parliamentary Knowledge Network". Archived from the original on July 15, 2009. Retrieved 2010-06-10.
  10. ↑ "ILI Faculty". Retrieved 2010-06-10.
  11. ↑ "International Law Institute". Ili.org. Retrieved 2010-06-10.
  12. ↑ see additionally http://www.bodleian.ox.ac.uk/law/guides/internationallaw
  13. ↑ see additionally http://law.case.edu/centers/cox/content.asp?content_id=61
  14. ↑ Id. at citations [1],[2],[3]
  15. 1 2 Contractual Adaptation and Conflict Resolution By Martin Bartels, Volume 8 in Studies in Transnational Law of Natural Resources, published for the Institut fur Auslandisches und Internationales Wirtschaftsrecht at Frankfurt am Main; translated and edited in English by James E. Silva, Kluwer Law and Taxation Publishers, Deventer, Netherlands, and Alfred Metzner Verlag, Frankfurt am Main, 1985, pp. 187, DM 120
  16. ↑ ILF at Goethe University
  17. ↑ Fulda, Carl H., Reviewed work(s): Law and Economic Power. Selected Essays by H. Kronstein, The American Journal of Comparative Law, Vol. 12, No. 1 (Winter, 1963), pp. 105–107, JSTOR 838410
  18. ↑ Grewe, Wilhelm G. The Epochs of International Law. Rev. by Byers, Michael Transl. by Byers, Michael. 2000 (at pp. 161-162, 169. in original- pages unknown in translation) Cited by Van der Pijl, Kees. The Making of an Atlantic Ruling Class. London: Verso, 1997. 331 pages., available at chapter six, reference #125.
  19. ↑ Gerber, David J. (1993). "Heinrich Kronstein and The Development of United States Antitrust Law". In Lutter, Marcus. Der Einfluß deutscher Emigranten auf die Rechtsentwicklung in den USA und in Deutschland. Tübingen: Mohr. pp. 155–170. ISBN 3-16-146080-4.
  20. ↑ See Heinrich Kronstein, Crisis of "Conflict of Laws," 37 Geo L.J. 483, 486-87 (1949)
  21. ↑ Georgetown Law Center Faculty Webpage
  22. ↑ Hansell, Herbert (April 2002), Robert Hellawell--A Remembrance, Colombia Law Review Vol. 102, No. 3, pp. 539–540, JSTOR 1123754
  23. ↑ ILI works with Georgetown University to publish the Georgetown Journal of International Law http://www.law.georgetown.edu/journals/gjil/masthead.html
  24. ↑ see the commentary produced by ILI for the World Bank regarding Country Systems http://siteresources.worldbank.org/INTPROCUREMENT/Resources/Consultations-ILI.pdf
  25. ↑ "Procurement - External Training". Go.worldbank.org. 2008-06-24. Retrieved 2010-06-10.
  26. ↑ The history of the ILI
  27. ↑ U.S. State Department Website
  28. ↑ Digest of the Published Opinions of the Attorneys-General, and of the leading decisions of the Federal Courts, with reference to international law, treaties and kindred subjects. John Lambert Cadwalader, 1877
  29. ↑ John Bassett Moore, Francis Wharton, United States. President, United States. Dept. of State, United States. Dept. of Justice, A Digest of International Law: As Embodied in Diplomatic Discussions, Treaties and Other International Agreements, International Awards, the Decisions of Municipal Courts, and the Writings of Jurists, United States. Dept. of Justice, G.P.O., 1906, retrieved 2001-06-10
  30. ↑ Hackworth, Green Hayward. Digest of International Law. 8 vols. Washington, D.C., 1940–1944.
  31. ↑ Whiteman, Marjorie M. Digest of International Law. 15 vols. Washington, D.C., 1963–1973
  32. ↑ Crook, John R., CONTEMPORARY PRACTICE OF THE UNITED STATES RELATING TO INTERNATIONAL LAW: GENERAL INTERNATIONAL AND U.S. FOREIGN RELATIONS LAW: New Publications Close Multiyear Gap in Official U.S. Digest of U.S. Practice, 100 A.J.I.L. 693(2006)
  33. ↑ US Fed News March 30, 2010 (accessed June 3, 2010), Department of State Announces Publication of 2008 Digest of U.S. Practice in International Law
  34. ↑ such works include the following (all citations are from the Library of Congress Collection): Legal Environment for Foreign Direct Investment in the United States / Rudolph S. Houck III, editor, Nancy L. Caywood, editor ; Don Wallace, Jr., director. The International Framework for Money and Banking in the 1980s / Gary Clyde Hufbauer, editor. Career Preparation and Opportunities in International Law / John W. Williams, editor. Contract Law in the USSR and the United States. Default and Rescheduling : Corporate and Sovereign Borrowers / edited by David Suratgar. Economic and Political Incentives to Petroleum Exploration : Developments in the Asia-Pacific Region / edited by Jeremiah D. Lambert, Fereidun Fesharaki. Financing Third World Development : a Survey of Official Project Finance Programs in OECD Countries / Fariborz Ghadar, editor ; Michael [i.e. Michel] A. Amsalem ... [et al., contributors]. The World Trade Organization : Legal, Economic and Political Analysis / editors Patrick F.J. Macrory, Arthur E. Appleton, Michael G. Plummer. The International Consultant / H. Peter Guttmann. Venezuelan Law Governing Restrictive Business Practices / Gustavo Brillembourg Also See; the ILI catalog of publications The Library of Congress publisher information page on the ILI
  35. ↑ "The John Marshall Law School - Director Mark Wojcik". Jmls.edu. Retrieved 2010-06-10.
  36. ↑ "Library of Congress LCCN Permalink for 84063137". Lccn.loc.gov. Retrieved 2010-06-10.
  37. ↑ "Global Arbitration Review". Retrieved 2010-06-10.
  38. ↑ "International Judicial Monitor". Retrieved 2010-06-10.
  39. ↑ "Chicago-Kent College of Law: Office of International Law and Policy". Kentlaw.edu. 2010-04-09. Retrieved 2010-06-10.
  40. ↑ Review Legal Curricula in East African Law Schools Africa News, The Monitor (Kampala) March 2, 2010 Tuesday
  41. ↑ Doing Business in Russia: Now It's as Easy as ABC Business America September 1995,Vol. 116 No. 9
  42. ↑ Global training in the world today: an overview of international initiatives and programs that the US government and nonprofit organizations undertake to assist nations in achieving a democratic structure and economic health; PUBLIC MANAGEMENT TRAINING The Public Manager March 22, 2004 Pg. 7(3) Vol. 33 No. 1 ISSN 1061-7639
  43. ↑ China's WTO Commitment on Independent Judicial Review: Impact on Legal and Political Reform, Veron Mei-Ying Hung 52 Am. J. Comp. L. 77 (2004)
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