The ABA and SIL Take Policy Positions

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.

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.

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. Seewebsites on handout for details. Existing approved international policies at 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.

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.