1. The ABA and SIL Take Policy Positions Policy pursued as a matter of civic duty. SIL uniquely positioned to provide technical input and to influence policy on international legal matters. Goal 4 of the Section’s Strategic Plan: “Identifying and influencing public policy issues important to international law, global business, and international institutions.” – Each Section Committee called on to appoint a vice-chair to coordinate policy activities. – Each Section Committee challenged to develop at least one substantive policy proposal during each Association year. See: http://www.abanet.org/intlaw/leadership/manuals/ABA%20International%20Strat%20Plan%20- %20FINAL.pdf. http://www.abanet.org/intlaw/leadership/manuals/ABA%20International%20Strat%20Plan%20- %20FINAL.pdf

2. How Policy Initiatives are Developed Most begin with the committees. Some come from task forces. On occasion, begins with one of the SIL leaders. Three methods of forming policy: – Report and recommendation – Blanket authority – Technical comments Will briefly review first two; third, which is less frequently used, is explained on the website. See: http://www.abanet.org/intlaw/leadership/policydev.html and websites dealing with “policy” listed on handout.http://www.abanet.org/intlaw/leadership/policydev.html

3. Reports and Recommendations R&R used to establish policy of the ABA as a whole. Recommendations: a short, to the point resolution — e.g., that the Association recommends that the U.S. Congress adopt certain legislation. Report: legal background and reasons why the recommendation should be adopted (15 page limit). Coordinated among SIL committees, approved by the Council, coordinated with other Sections, and approved by the House of Delegates. See websites on handout for details. Existing approved international policies at http://www.abanet.org/intlaw/leadership/policy.html. http://www.abanet.org/intlaw/leadership/policy.html

4. Blanket Authority “Blanket authority” allows SIL to take policy position when time does not permit House of Delegates’ approval or matter insufficiently important or too specialized to be submitted there. Usually commenting or testifying on matters within SIL special expertise to a federal, state, or municipal legislative body, governmental agency, court, or international governmental body. After SIL Council approves, the comments or testimony sent to other ABA Sections with a request for blanket authority. Other Sections have 10 days (or, in urgent cases 2 days) to comment or object. Authority valid for 2 years (or, where 2 day comment period, for 90 days). Existing blanket authorities are at http://www.abanet.org/intlaw/leadership/policy/blanket.html.http://www.abanet.org/intlaw/leadership/policy/blanket.html

5. Example of R&R Process April 2008: Idea of joint SIL-American Society of International Law Task Force to consider general consequences of Medellín Supreme Court Decision. July 2008: 15 Member Task Force on Treaties in U.S. Law formed. Worked via conference call, meetings and e-mail to formulate unanimously agreed report and recommendations. Adopted March 2009; considered at April 2009 SIL Council; revisions made to recommendations May 2009 to deal with questions raised; approved by Council July 2009; approved by House of Delegates in February 2010. See: http://www.abanet.org/leadership/2010/midyear/daily_jourmal/108C.pdf and http://www.asil.org/files/TreatiesTaskForceReport.pdf.http://www.abanet.org/leadership/2010/midyear/daily_jourmal/108C.pdf http://www.asil.org/files/TreatiesTaskForceReport.pdf