Salzburg Cutler Law Fellows Program » Overview

Salzburg Global Seminar, in partnership with eleven of the leading law schools in the USA, offers the "Salzburg Cutler Law Fellows Program," a one-of-a-kind program for students interested in international law and legal practice. Launched in the fall of 2012, the Salzburg Cutler Law Fellows Program was named in memory of Lloyd N. Cutler, former White House Counsel for two presidents and Chairman of the Board of Salzburg Global Seminar. Cutler strongly believed that one of the keys to progress was the early identifying and mentoring of young leaders with a yearning to make the world a better place through law and the rule of law.

The Salzburg Cutler Law Fellows Program convenes up to 55 students nominated by their law schools along with leading judges and practitioners for a highly interactive exploration of leading edge issues in international law, covering international human rights and humanitarian law; national security; international courts; rule of law; and international finance, monetary, and trade law. Guided by lawyers from a range of traditional and non-traditional areas, including some of the top international law firms in the US, the Salzburg Cutler Law Fellows receive advice on how to determine career goals, manage career trajectories, identify the jobs beyond the first horizon of job seeking post-law school, and how expand and utilize professional networks. In addition to these high-level workshops, students receive feedback on their own original research and writing on topics concerning the development of both public and private international law. Salzburg Cutler Fellows automatically become members of the Salzburg Global Fellowship and its international network.

The Salzburg Cutler Law Fellows Program is currently open to students from the following eleven US law schools: Chicago, Columbia, Duke, Georgetown, Harvard, Michigan, New York University, Penn, Stanford, Virginia, and Yale.

Upcoming Session:

Salzburg Cutler Fellows Law Program: Future of Public and Private International Law
February 24-25, 2017


Fourth Annual Salzburg Cutler Fellows Program Convenes in Washington
Fourth Annual Salzburg Cutler Fellows Program Convenes in Washington
Katharina Schwarz 
From February 18-20, 55 students from 11 top US law schools participated in the two-day Salzburg Cutler Law Fellows Program held in Washington, DC. The largest and most diverse cohort to-date, the Fellows hailed from across the United States and from countries as diverse as Australia, Colombia, China, Nigeria, the Netherlands, United Kingdom, Albania, Germany and New Zealand.   Salzburg Global President Stephen Salyer and session faculty co-chair William Burke-White opened the first day of the session at the United States Institute of Peace, before John Bellinger III and Mary DeRosa, who served as National Security Council Legal Advisers under George W. Bush and Barack Obama respectively, led a discussion on legal challenges facing the new American president, moderated by session faculty co-chair Mark Wu of Harvard Law. Some of the same concerns arose again over lunch as Ashley Deeks of UVA and Matthew Waxman of Columbia Law, both experts on the law of war, addressed how technology does and does not change how war is waged and regulated.   The remainder of the day was dedicated to intensive workshops with leading international law faculty. As part of the selection process, each Fellow prepared and presented a research paper on topics across public and private international law: from finance to human rights, and free speech to the law of war. These lively discussions inform eventual publication and form part of the Cutler program’s dual core of participation and publication.  Friday’s session closed with a talk by Ambassador Eveline Herfkens of The Netherlands, who helped lead development of the Millennium Development Goals, and who spoke on migration, xenophobia, gender equality and a range of other topics—a discussion which the students refused to allow to end on time! On the second day at the NYU Washington Campus, the program turned to exploring traditional and non-traditional pathways to international law and public service, according to Lloyd Cutler’s belief in supporting young leaders. Juan Mendez, the UN Special Rapporteur on Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, former General Counsel of Human Rights Watch, and imprisoned in his native Argentina for defending those protesting human rights abuses by the government, offered personal reflections on international law and public service.  Four younger lawyers, all engaged in public service activities from defending Guantanamo detainees to re-developing economic approaches for inclusive development, then led small group sessions on developing careers that include various forms of public service.  With these mentors, the students explored choices in navigating career paths, aligning passions and maximizing personal effectiveness. In early feedback, at least one student noted that the program was “worth its weight in gold.” 
The Salzburg Cutler Law Fellows Program is part of a series of programs within the Cutler Center on the Rule of Law. The Salzburg Cutler Law Fellows are supported by the eleven participating US law schools and dedicated individual donors. The second day is graciously hosted by New York University’s DC campus. More information on the session can be found here: www.salzburgglobal.org/go/cutlerfellows4 
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From Lawyers to Public Servants – Cutler Fellows Convene in Washington
From Lawyers to Public Servants – Cutler Fellows Convene in Washington
Katharina Schwarz 
On February 20-21, 43 Salzburg Cutler Fellows gathered at the United States Institute for Peace for the third Cutler Law Fellows Program to present cutting edge thinking on international law and explore careers that embrace public service.   Representing ten of the top US law schools—Chicago, Columbia, Duke, Georgetown, Harvard, NYU, Penn, Stanford, Virginia, and Yale – each year Salzburg Cutler Fellows prepare, submit and defend a paper intended for publication, hear from leading lawyers, judges and public servants, and explore career pathways in private and public international law. The Salzburg Cutler Fellows Program was founded in 2012 as the second program of Salzburg Global Seminar’s Lloyd N. Cutler Center for the Rule of Law, joining an annual Cutler Lecture at the US Supreme Court which was inaugurated in 2009. Both programs honor Salzburg Global Seminar’s former Chair of the Board of Directors and the founder of the Washington law firm Wilmer Cutler & Pickering, Lloyd N. Cutler.  Cutler served as White House Counsel to Presidents Carter and Clinton, and played a pivotal role in convening lawyers and judges from across the world at Schloss Leopoldskron, the home of Salzburg Global Seminar since 1947.  Salzburg Global Seminar’s President, Stephen Salyer, opened the program with reflection on Cutler’s legacy and on his hopes for what the growing network of Salzburg Cutler Fellows could come to mean in the world.  He then introduced Friday’s keynote speaker, John B. Bellinger III, a partner at Arnold & Porter and former legal advisor to the Department of State. After sharing some thoughts on his own career, Bellinger discussed the evolution of public and private international law, and the United States’ role in developing international norms and institutions.  He commented at length on the debate surrounding the US domestic authorization for the use of force against Islamic State, and on how the discussion illustrates tension in the roles of the President and Congress as well as over how to reconcile effective action with constitutional limitations on executive war-making authority.    The Fellows next split into six working groups: (1) trade law, led by Professor Mark Wu (Harvard); (2) international law and economic law, led by Professor Jose Alvarez (NYU); (3) law of war, led by Professors Jenny Martinez (Stanford) and Ashley Deeks (UVA); (4) comparative law, international law in U.S. law, and IR/IL, led by Professors Daniel Abebe (Chicago) and Rachel Brewster (Duke); (5) foreign policy, international criminal law, and global governance, led by Professor William Burke-White (Penn) and Sara Lulo (Yale); and (6) human rights, rule of law, and immigration, led by Professors Rangita de Silva (Penn) and Muneer Ahmad (Yale).  Each student was given ten minutes to present the central argument of his or her paper, followed by criticism and discussion. Faculty and other Fellows provided feedback on focus, execution, framing, and methodology, the goal being to strengthen each paper and improve the chances for publication. Each group also delved into issues surrounding the areas of law under consideration. Fellows also heard from a faculty panel on corruption, international investment and trade negotiations, moderated by William Burke-White, the program’s faculty chair (Penn Law), and featuring Jose Alvarez (NYU), Mark Wu (Harvard), and Rachel Brewster (Duke).  The panel explored the future of bilateral investment treaties, the international trade regime, and the challenges posed by corruption.  Jeffrey Rosen, President and CEO of the National Constitution Center, closed the day’s proceedings with a presentation and lively discussion on whether there is a “right to be forgotten.”  Rosen emphasized American principles of free speech, while a number of students debated how to define a privacy right more in line with the position held by many Europeans: that technology makes a wide range of information easily and forever accessible in a way that serves little if any public purpose, and that there needs to be an enforceable legal right and process to excise such information from the web. That evening, the Fellows continued their networking over dinner at Washington’s Metropolitan Club, sponsored by the law firm Arnold & Porter. John Bellinger welcomed the Cutler Fellows on behalf of the firm, and Tom Mansbach, Chair of the Cutler Center for the Rule of Law at the Salzburg Global Seminar, offered thanks to Arnold & Porter for their support, and to Mr. Bellinger for his personal encouragement of the program. On the following morning, the Fellows convened at New York University’s Washington, DC Campus.  NYU Trustee Ron Abramson welcomed the students and then turned the floor over to Justice Richard Goldstone, Salzburg Global board member and former Chief Prosecutor of the UN International Criminal Tribunals for the former Yugoslavia and Rwanda and member of the Constitutional Court of South Africa. Justice Goldstone described the evolution of efforts to dismantle apartheid in South Africa, including the less-well-understood role played by US foundations and human rights lawyers. In closing, he reflected on his own journey as a lawyer and urged the students to pursue opportunities for public service across their careers. The program then shifted to welcome four speakers representing diverse avenues for public service. To further explore these and their own personal goals, the Fellows broke into four small groups, led by Michael Bahar (Staff Director and General Counsel to the Minority Staff of the House Select Committee on Intelligence and Navy JAG; former Deputy Legal Advisor to the White House); Alka Pradhan (Counterterrorism Counsel at Reprieve, US); Douglas Rutzen (President and CEO of the International Center for Not-for-Profit Law); and Tom Wyler (Senior Advisor for Trade and Investment, Office of the Secretary at the U.S. Department of Commerce). In 15-minute speed sessions, the groups rotated through speakers and lenses, considering everything from professional goals and excitement levels to geographic flexibility and work-life balance.  Following lunch, Professor Burke-White hosted a final session on paper publishing and entering academia, wrapping up a full and productive two days of discussions on international law and public service. Salyer closed the session, urging the Salzburg Global Fellows to stay engaged with Salzburg Global and with each other.  “You have an extraordinary opportunity to shape the future of international law and institutions,” he said.  “Seize it.”
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Salzburg Cutler Law Fellows Program
Salzburg Cutler Law Fellows Program
Salzburg Global Staff 
Over 40 of the USA’s top law students will convene on this weekend for the third seminar of the Salzburg Cutler Fellows Program being held in Washington, DC. The two-day session, looking at the future of public and private international law, is being attended by students from ten of the top US law schools and will take place at the United States Institute of Peace and NYU Washington DC, with networking events at the Georgetown University Law Center and the Metropolitan Club. The two-day seminar is designed to illuminate career options, allow participants to present and critique ideas, and build networks to assist in making career choices. The Salzburg Cutler Fellows Program annually convenes students nominated by their law schools along with prominent judges, practitioners, and professors for a highly interactive exploration of leading edge issues in international law. The program, now it in its third year, is named after Lloyd N. Cutler, a Washington “Super Lawyer” as well as long-time Chairman of Salzburg Global Seminar. Lloyd Cutler (1917–2005) had a brilliant legal career. Founder of the Washington, D.C. law firm Wilmer Cutler & Pickering, and White House Counsel to two U.S. presidents, he fulfilled the calling of a public servant over his lifetime as he repeatedly accepted appointments in Democratic and Republican administrations and gave service to a vast array of charitable, educational, and legal organizations that he led and supported. Cutler was also a long-time champion of Salzburg Global Seminar, serving as chair of its Board of Directors for a decade. Believing passionately in the role that law plays in nation building, and in the ability of the law and legal experts to contribute solutions to the world’s most pressing challenges, Cutler was able to bring to Salzburg high court judges from around the world. In addition, he was personally committed to ensuring that promising young international lawyers, academics, and jurists had access at Salzburg Global Seminar to a rich variety of judicial traditions, international legal institutions, and the international legal community at large. It is in this spirit that Salzburg Global developed the Salzburg Cutler Fellows Program. This year’s session will again be chaired by Salzburg Global Fellow William Burke-White, Inaugural Director of the Perry World House, Deputy Dean and Professor of Law, University of Pennsylvania Law School. The program will include lectures on “the right to be forgotten,” international investment and trade negotiations, and the role of the lawyer in public service. John B. Bellinger III, Salzburg Global Fellow, former legal advisor to the US Department of State and National Security Council and now partner at Arnold & Porter LLP, will give the opening address, with a lecture also to be delivered by Salzburg Global board member and internationally renowned jurist Richard Goldstone, former chief Prosecutor of the UN International Criminal Tribunals for the former Yugoslavia and Rwanda. The Salzburg Cutler Fellows will also have opportunity to discuss their own research and opportunities for publication, as well as explore their personal goals and diverse avenues for law and public service with Michael Bahar, Staff Director and General Counsel to the Minority Staff of the House Select Committee on Intelligence and Navy JAG; former Deputy Legal Advisor to the White House; Alka Pradhan, Counterterrorism Counsel at Reprieve, US; Douglas Rutzen, President and CEO of the International Center for Not-for-Profit Law; and Tom Wyler, Senior Advisor for Trade and Investment, Office of the Secretary at U.S. Department of Commerce. Participating law schools at this year’s program are: New York University School of Law, Columbia Law School, Georgetown University Law Center, Harvard Law School, Duke University School of Law, Stanford Law School, University of Chicago Law School, University of Pennsylvania Law School; University of Virginia School of Law, and Yale Law School.
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Re-envisioning Salzburg Global Seminar
Re-envisioning Salzburg Global Seminar
Salzburg Global Seminar 
Salzburg Global Seminar proudly presents its new periodical, The Salzburg Global Chronicle. Replacing the traditional annual President’s Report, the new publication “chronicles” Salzburg Global’s programs at Schloss Leopoldskron and around the world, including profiles on both “up-and-coming” leaders and high profile Salzburg Global Fellows, and features on the impact Salzburg Global Seminar, its programs, staff and Fellows have in the world beyond the Schloss.

Highlights include:

15 Faces for the Future  

Salzburg Global Seminar’s mission is to challenge current and future leaders to tackle problems of global concern. To this end, Salzburg Global brings young, emerging leaders to Schloss Leopoldskron, not only for our Academies programs, but for every Salzburg Global session. Nearly 500 of our 1844 Fellows who attended sessions between 2011 and 2013 were under the age of 40, in addition to the more than 800 Academies participants. Below are just 15 of our remarkable young Fellows.

The Power of Partnership 

Salzburg Global Seminar’s programs would not happen without our partners. Partners provide not only the intellectual capital and input to drive the session forward but often the much needed financial capital necessary to bring Fellows and faculty to Salzburg. But what do partners get out of working with Salzburg Global?

A Distinct History, a Universal Message  

For three days, at a palace once home to the local Nazi party leader, experts from across the globe considered the value of Holocaust education in a global context at a symposium hosted by Salzburg Global and the US Holocaust Memorial Museum. They proved the Holocaust is more than just a European or Jewish experience.

Strength in Diversity 

LGBT rights are moving up the international agenda, and while progress is being made, at the same time some countries are passing increasingly regressive laws. In June 2013, Salzburg Global convened its first ever Salzburg Global LGBT Forum addressing LGBT and Human Rights: New Challenges, Next Steps, starting a truly global conversation.

An Unlikely Constellation of Partners  

Historically Black Colleges and Universities and the Appalachian College Association, member institutions of which serve predominantly white students, do not seem like the most obvious of partners. But this did not stop them from coming together to transform their schools into sites of global citizenship through the Salzburg Global Seminar-led, Andrew W. Mellon Foundation-funded Mellon Fellow Community Initiative.

Media Change Makers

Since helping to launch the program in 2007, Salzburg Global President Stephen L. Salyer has taken a hands-on role in the Salzburg Academy on Media and Global Change: helping to devise the program, delivering lectures and mentoring students. This year, he met with student representatives from each region represented at the eighth annual program to find out how the Academy is helping shape them. The Chronicle is available online at chronicle2013.salzburgglobal.org and to download as a PDF and in our ISSUU Library    Download the Salzburg Global Chronicle as a PDF Print copies are available at Hotel Schloss Leopoldskron and all upcoming Salzburg Global Seminar events and programs.
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Salzburg Global 2014 Program now available online
Salzburg Global 2014 Program now available online
Oscar Tollast 
Salzburg Global’s 2014 Program will feature over 25 distinctive sessions and workshops inspired by three interdependent values: Imagination, Sustainability and Justice. The three values underpin Salzburg Global’s new program ‘clusters’ and aim to form the foundations for global citizenship. Under these ‘clusters’, a number of topics will be discussed. For example, participants will be asked how societies can renew their education, how to improve life chances for present and future generations, or examine how societies can reframe responsibilities. The 2014 Program brings together distinctive multi-year projects and partnerships with the common goal of promoting vision, courage and leadership to tackle the most complex challenges of a globalized society. The Salzburg Academies – covering Global Citizenship, Media and Global Change, and the Future of International Law – will continue to prepare outstanding young people with the skills to drive change. Salzburg Global Seminar remains determined in breaking down barriers separating people and ideas. It spans the world’s regions and challenges countries at all stage of development and institutions across all sectors to rethink their relationship and identify shared interests and goals. The program is available for download as PDF. 2014 Program Brochure
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Salzburg Cutler Law Fellows Convene for Second Seminar
Salzburg Cutler Law Fellows Convene for Second Seminar
Bodie Stewart 
Following in the footsteps of the successful inaugural program in 2012, the second group of Salzburg Cutler Fellows recently came together in Washington, D.C. to share and critique some of their original research. Speakers and panelists were drawn from top U.S. law schools, renowned international law firms and business organizations, including the World Bank, the Department of State and the New York Times. This year’s Fellows were again chosen from nine of the top U.S. law schools—Chicago, Columbia, Duke, Georgetown, Harvard, Penn, Stanford, Virginia, and Yale. Fellows received feedback on their original research in working groups led by top-flight faculty from the participating schools as well as from special guests, including Jim Bacchus—the head of Greenberg Traurig’s Global Practice—and the Program Chair, William Burke-White—a law professor and Deputy Dean at Penn Law who is currently visiting at Harvard Law. The Salzburg Cutler Fellows Program was founded in 2012 by the Salzburg Global Seminar’s Lloyd N. Cutler Center for the Rule of Law, named after the founder of the Washington law firm Wilmer Cutler & Pickering. Cutler was White House Counsel to two U.S. presidents and served for more than ten years as the Chairman of the Salzburg Global Seminar. Salzburg Global Seminar President and CEO Stephen Salyer noted that Cutler was once referred to as Washington’s last “super lawyer,” not least due to his abiding interest in the public service component of international law, and the role that law had to play in finding solutions to the most pressing problems of the day. The founding of the Cutler Fellows Program in 2012 was in part a tribute to Cutler, who strongly believed that one of the keys to progress was the early identifying and mentoring of young leaders with a yearning to make the world a better place through law and the rule of law. On Friday, November 1, Stephen Salyer officially commenced the Program. His opening remarks were tinged with sadness, however, as he took a few moments to remember the passing of John “Jack” Fontaine, a long-time supporter of the Salzburg Global Seminar. The torch of tribute was then passed to John Townsend, the Chair of Hughes Hubbard & Reed, the firm that Fontaine had worked at—and led—for decades. Townsend spoke fondly of Fontaine, recalling in particular one instance where Fontaine had used his “no-fuss” approach to convince colleagues to support one of his passions, the Florida Philharmonic. Following Salyer and Townsend, James Bacchus — a former WTO Appellate Body member and chairman and currently Chair of the Global Practice at Greenberg Traurig — spoke of how WTO law contributes to the formation of international law, which contributes to supplanting the formerly prevalent notion of “might makes right” between nations with the rule of law. After his talk, Bacchus, also a member of the B-20 advisory group to the G-20 gave insight into the considerations behind landmark WTO cases from the ultimate insider’s perspective. The Fellows then split into five different working groups, each with one to two related focuses: international human rights; international humanitarian law; international courts; rule of law; and international finance, monetary, and trade law. Within these groups, the Faculty and Fellows discussed the Fellows’ papers, giving constructive criticism and feedback on aspects such as focus, execution, framing, methodology. Bacchus also took part in this part of the program, joining the international finance, monetary, and trade law group. The Fellows then reconvened after lunch to hear Leonard McCarthy, Vice-President for Integrity at The World Bank. McCarthy, the former head of public prosecutions in South Africa (nominated by then-President Nelson Mandela), laid bare the connections between corruption and stunted development. He said he couldn’t imagine a more fascinating career than the one he has led, and voiced his hope that some of the Fellows would consider similar careers or career interludes in the public service. Following McCarthy’s keynote and ensuing discussion, the Fellows broke off into their groups for another hour to continue giving and receiving feedback on their research. This breakout was followed by a panel on current trends in international human rights law, moderated by the Program Chair, Bill Burke-White of Penn Law. It brought Matt Waxman of Columbia Law and Tom Ginsburg of Chicago Law together in a forum that allowed the professors to offer the Fellows insight into issues permeating the international law arena—including hot topics such as autonomous killer robots. The following morning, Fellows convened at Hogan Lovells DC office. The Cutler Fellows were treated to a fascinating discussion of the role of law in media and reporting. The panelists—Adam Liptak of the New York Times and Will Dobson of Slate, moderated by Stephen Salyer—discussed how their legal training informs their reporting on legal and political issues. Following the conclusion of the first panel, Amy Gadsden of the University of Pennsylvania Law School moderated a career panel, which included William Burke-White, the Program Chair, Peter Harrell of the Department of State, Nicola Port of ACE Group, and Heath Tarbert of Weil, Gotshal & Manges LLP. Over the course of an hour, these four individuals provided Cutler Fellows with valuable advice to take away from the program, including how to determine career goals, manage career trajectories, identify the jobs beyond the first horizon of job seeking post-law school, and how to expand and utilize professional networks. It provided a fitting end to a productive two days of discussions for Cutler Fellows and allowed them to look at the next steps forward.
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Salzburg Fellow Lelia Mooney Edits New Book on Rule of Law
Salzburg Fellow Lelia Mooney Edits New Book on Rule of Law
Oscar Tollast 
A new volume published by the American Bar Association Section of International Law has been edited by a Salzburg Global Fellow. Lelia Mooney has edited the volume entitled, ‘Promoting the Rule of Law: A Practitioner’s Guide to Key Issues and Developments,' which explores the concept of the rule of law and the significance of its contribution to the development of democratic societies. Targeted at a broad audience, the volume also features a foreword by Justice Richard Goldstone, a member of Salzburg Global Seminar’s Board of Directors. Chapter contributors include: Fionnuala Ni Aolain, Patricia O’Brien, Martin Schoenteich, Hassane Cisse, David Stewart, Renaud Sorieul, Colette Rausch and Thomas Nachbar. Contributors look at the different actors involved in the rule of law work, the origins and evolution of this mandate, and how to promote the rule of law more effectively to make it more responsive, inclusive, coordinated, humane and enduring. In the introductory chapter, Ms Mooney outlines 12 key lessons that put the main conclusions of the book into context, providing a framework for further discussion, inquiry and learning. Ms Mooney is an international lawyer, development and diversity professional with over twenty years of experience designing, managing and evaluating projects across sectors in Latin America and the Caribbean, Asia and Africa. The projects have focused on complex governance, rule of law, social inclusion, sustainability, multi-stakeholder engagement initiatives and local capacity development. She currently serves as the Diversity Officer of the ABA Section of International Law where she also co-Chairs the UN and International Organizations Committee. Ms Mooney has been a consultant to the World Bank, the United States Institute of Peace, Rule of Law Center, and has worked on a number of initiatives. She has attended a number of sessions at Salzburg Global, including: the 1995 Session on Participatory Democracies and NGOs, the 1997 Special Session with the Kettering Foundation and the Inter-American Democracy Network and the 2002 Session on the Reform of International Organizations. Salzburg Global spoke to Ms Mooney through email to find out more about her latest publication. For those unaware of its actual meaning, how would you define the rule of law? Modern definitions of the rule of law still embody the principles that defined these millennia’s old ideals, which can be rooted back to the Greeks, Romans, King John and the Magna Carta, liberal theory and liberal political systems. Overall, these principles held that the law should be predominant in a society, be respected by the government – rule of law as opposed to rule by law, where the government uses the law to govern and considers itself to be above the law. [The law should also] be enforced by an independent judiciary separate from lawmakers, [which is] central to the actual meaning of the rule of law, and treat all persons equally. All these qualities are still central to the actual meaning of the rule of law. At the same time, the growth of the modern rule of law movement has seen an evolution of several other definitions – ‘working definitions’ of the rule of law. These working definitions have emerged as part of different institutional mandates and commitments to fostering the ideal of the rule of law while promoting it abroad or in different jurisdictions. The book addresses these institutional definitions in the context of promotion efforts of the rule of law enterprise and its evolution over the years by showing conceptual understandings, advances in good practices and important methodologies. What is the best way for a rule of law to develop and be put into action in countries and states? The book discusses this issue across the different sections and the contributing authors offer insightful reflections. To be sure: there is no best way or pre-packaged solutions for developing the rule of law and putting it into action. In fact, the evolution of the rule of law, in both its concept and application, has taught an important lesson: promoting the rule of law is not just a technical and automatic exercise that puts a machine in motion. While technical capacities are vital, the process of fostering the rule of law in different legal jurisdictions and societies, however, also requires the ability to integrate technical legal skills into a profoundly multifaceted activity that also looks at culture, context, social and political issues of that particular society. In the volume’s introductory chapter, you outline 12 key lessons that put the conclusion of the book into context. Why are these lessons key and are some lessons more important than others? The book not only offers many practical insights into specific aspects of rule of law missions but also considerable food for thought about the rule of law enterprise and its evolution over the years. The reader will undoubtedly discover a wide variety of stimulating ideas and provocative arguments. The 12 key lessons that emerge from this volume reflect accepted wisdom in the rule of law field, whereas others spotlight new or growing challenges, as well as emerging opportunities that require further thought, reflection, research and learning. We live in an age where ‘data’ is a word commonly heard and used. For that reason, I was struck by one of your lessons that involved this concept. How can data be used to measure failures in the design and implementation of a rule of law mission? More and more, rule of law missions and initiatives are moving towards pairing legal knowledge, and its promotion, with strategic output and outcome based analysis that not only focuses on measuring shortfalls in the micro level but also helps define cross-regional analysis across sectors, governments and institutions. Numbers and data should not be seen as the enemies but strategic allies of rule of law promotion efforts. This will entail more comprehensive approaches, multi-disciplinary teams and openness to measuring and understanding failures as a strategy to design and integrate long-lasting locally driven - and owned - solutions to justice and development problems. Another important element that shouldn't be overlooked is the impact of information and communication technologies in supporting rule of law initiatives. IT platforms and social networking have indeed the potential to create the conditions to reform and strengthen the delivery, management, and administration of rule of law initiatives. It is important, however, to place focus on exploring how these platforms and interventions can facilitate access of traditionally excluded groups and have the true potential for combining access, scale, and sequencing to actually generate long-lasting impact on structural reforms by facilitating true inclusion of diverse voices and participation that can express both their support and demand for the rule of law. The book features a large number of contributions from people with high levels of expertise, including Justice Richard Goldstone, a Salzburg Global Seminar board member. What does Justice Goldstone discuss? Justice Goldstone addresses the rule of law from a historic perspective. The concept itself, the rule of law, is almost 800 years old. He explains that it begun when King John was forced by his feudal barons to agree to respect the law and to restrict his powers by law and that is how the Magna Carta was born, based on a key foundation of principles: the separation of powers, an independent judiciary, and equality of all before the law. Justice Goldstone also talks about the challenges of achieving the rule of law in South Africa during apartheid years and how the collaboration with lawyers and the American Bar Association, in particular, and other foundations, led to the establishment of the Legal Resources Center that used the courts to establish fundamental rights for millions of black South Africans. Lastly, Justice Goldstone reflects upon the importance of acknowledging the role different actors play in today’s rule of law enterprise (such as the military in conflict and post-conflict settings) and how to design rule of law missions in a strategic and meaningful way. It’s hard to summarize an entire book in a few sentences, particularly with different contributions. But what are the main issues the contributing authors address? The book is structured in four parts. Part I addresses the origins and evolution of the rule of law concept and mandate. Part II analyzes the interplays between the rule of law and economic development within the context of international law, the inter-connectivity that exists between private international law and public international law, and their contributions to the development of a growing rule of law agenda. Part III looks at war-torn societies examining efforts to nurture the rule of law in conflict and post-conflict settings including linkages between rule of law and the security sector and the role of different actors such as the military while also looking at issues of diversity, gender and social inclusion of traditionally excluded and marginalized groups. Part IV spotlights operational issues such as the elements – the key elements that a rule of law mission should include as part of its design, management and evaluation process. The volume concludes with an appendix that offers practical advice on how to launch a career in the rule of law field, regardless of where you are. Why did you decide to aim this volume at a broad audience? Over the course of 20 years working across Latin America and some parts of Africa and Asia, I have had extensive discussions with colleagues from different legal traditions and backgrounds around some of the main themes that seem to consistently arise in rule of law enterprises around the world. Promoting the rule of law and democratic governance not only demands impressive legal expertise but also the kinds of skills that are rarely emphasized in law schools as part of the legal education curriculums or even in the legal departments of international organizations. [This includes] the ability to reflect upon the practice and challenges, to actively listen to and to engage in dialogue with the users and recipients of technical reforms. Without these skills, we are unlikely to apprehend and respond to their needs, and thus our efforts to promote the rule of law will likely create nothing of enduring value. This book is addressed to a broader audience in order to expand the scope of the enterprise by envisioning platforms and initiatives that are multi-sectoral and interdisciplinary in nature. Moreover, the book acknowledges the importance of understanding the diversity and welcomes the contributions of those involved in rule of law development representing the diversity of a mosaic of traditions, cultures, legal backgrounds and languages as part of the future of the rule of law movement. I learned at the very early stages of my career that Salzburg Global Seminar is a very unique place where these dialogues across cultures, backgrounds and languages happen and could leverage its uniqueness to foster them even more while thinking about opportunities to foster the rule of law in developing, conflict and post-conflict societies. I say this as a former Salzburg Seminar Fellow of the 1995 session on ‘Building and Sustaining Democracies: The Role of Non-Governmental Organizations,’ co-chaired by the insightful leadership of Baroness Prashar of Runnymede CBE, together with Stephanie Clohesy and Macky Mandela. By collaborating and exchanging ideas, good practices and fostering a network of worldwide leaders, actions at the local and regional level were strengthened and supported by cross-regional learning and interactions. Immediately after that I moved on to leading the Inter-American Democracy Network with Asociacion Conciencia in Argentina and was able to leverage this fantastic network of knowledge and good practices from colleagues around the globe. What impact are you hoping for this book to have? My hope is that book will be a catalyst for further understanding, discussion, research and practice to support the strengthening of authentic and meaningful engagement to promote, foster, support and uphold the rule of law at the national and international levels across legal traditions and sectors. This is not an easy task, but the more different actors involved in this enterprise today - lawyers, bar associations, judiciaries and all the branches of governments, civil society organizations, international and multilateral organizations and donor agencies, the private sector, civilian and military agencies, amongst others – create conditions for strategic engagement to support dialogue, understanding and practice the rule of law as an ideal and as an enterprise will find its outmost realization. At the practice level, the book provides a wealth of practical information, advice and guidance for rule of law professionals seeking to undertake challenging, exciting and rewarding projects.
'Promoting the Rule of Law: A Practitioner's Guide to Key Issues and Developments' is available to buy at the
American Bar Association's web store.
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