Salzburg Cutler Fellows Program » Overview

Salzburg Global Seminar, in partnership with eleven of the leading law schools in the USA, offers the "Salzburg Cutler Fellows Program: The Future of Public and Private International Law", a one-of-a-kind program for students interested in international law and legal practice. Launched in the fall of 2012, the Salzburg Cutler 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 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 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 to 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 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 Program: The Future of Public and Private International Law
February 23-24, 2018

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.
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.
Getting Transition Right: The Role of Law and Policy
Getting Transition Right: The Role of Law and Policy
Louise Hallman 
The Role of Law...

Friday’s discussions touched on the need for a culture of respect for human rights and of trust in the rule of law in order to protect and embrace diversity in the transitional MENA region. But the question today was: what law?

International human rights conventions have been signed in most states, but this doesn’t guarantee their implementation.

The newly drafted constitutions still show a preference for the implementation of Islamic Law, but how can this ensure diversity and inclusivity are embedded in society if Islamic Law is so often (rightly or wrongly) considered to be in conflict with human rights law?

“If Islamic law is to be used as a source of law, then it must be subject to demands of the revolution: bread, dignity, social justice for all,” insisted one Fellow.

Free and open public discourse surrounding the application of both Sharia and Fiqh must be allowed and encouraged if it is going to form the basis of governments’ interactions with their citizens.  Greater "intellectual bravery" is needed, stated another Fellow.

Regardless of whether a person is a Muslim or a non-Muslim subject to Islamic Law, everyone should realize that they have the agency to discuss the application of Islamic Law.

“If you can’t handle Islamic law to be debated, then take it out of the public sphere."

...And the Role of Policy

Policy formation involves much more than just passing laws, Fellows heard today.

Policy is the plan to achieve an end goal, be that greater freedom of speech, better public health, or ending female genital mutilation. This plan then uses all available tools; one of these tools is enacting legislation, but it is by no means the only one.

Given officials’ reluctance to truly engage with their citizens (see adjacent story on Libya), civil society have a great role to play in driving policies that address not just political and civil rights but also economic, social and cultural rights.

But capacity building is needed to help these burgeoning groups identify and utilize all available tools, from surveying public opinion, writing policy briefs and engaging with media as well as politicians.

Salzburg Cutler Fellows Program set to hold second seminar
Salzburg Cutler Fellows Program set to hold second seminar
Oscar Tollast 
Over 40 of the USA’s top law students will convene on Friday for the second seminar of the Salzburg Cutler Fellows Program being held in Washington, D.C. The two-day session, entitled, ‘The Future of Public and Private International Law’, is being attended by students from nine of the top US law schools and will take place at the United States Institute of Peace. The session will be chaired by Salzburg Global Fellow William Burke-White, Deputy Dean and Professor of Law at the University of Pennsylvania Law School, and Visiting Professor at Harvard Law School. Participants will present their own research and scholarship on leading edge topics, refine their concepts based on constructive criticism from international experts, and build global networks with fellow peers and practitioners. The program will begin with a lecture from Salzburg Global Fellow James Bacchus, Chair of the World Economic Forum’s Global Agenda Council on Governance for Sustainability, and Chair of the Global Practice, Greenberg Traurig. After morning breakout sessions take place, this will be then followed with a keynote address from another Salzburg Global Fellow: Leonard McCarthy, Vice President for Integrity at The World Bank. Over the course of the two days, faculty and panel discussions will take place on topics involving contemporary challenges to international human rights, and media and the law. Saturday’s panel discussion on media and the law will feature Adam Liptak, the New York Times’ Supreme Court correspondent, and Salzburg Global Fellow Will Dobson, Politics and Foreign Affairs Editor at Slate. This year’s session follows on from last year’s inaugural event which featured Justice Richard Goldstone delivering the luncheon keynote address. Justice Goldstone, a member of the Salzburg Global Seminar Board of Director, served on the Transvaal Supreme Court and the Appellate Division of the Supreme Court of South Africa. He shared several stories about his own private and public law career and discussed his work as chief prosecutor of the United Nations International Criminal Tribunals. The Salzburg Cutler Fellows Program is named in honor of Lloyd N. Cutler, who served the Salzburg Global Seminar for more than two decades as Board Chair, faculty leader and mentor. It annually brings together 45 students nominated by their law schools with leading judges and practitioners for interactive exploration of public and private international law. Participating law schools at this year’s seminar include: 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. The Salzburg Cutler Fellows Program aims to encourage the careers of exceptional young lawyers – men and women who will shape the future course of international law and legal institutions.
Salzburg Global hosts Cyber Investigations Workshop
Salzburg Global hosts Cyber Investigations Workshop
Oscar Tollast 
A three-day workshop on cyber investigations in co-operation with the Human Rights Center is underway at Salzburg Global.

Human Rights Center at University of California, Berkeley School of Law has organized three intensive workshops to take place in 2013 and 2014 entitled the Salzburg Workshops on Improving War Crimes Investigations.

This particular session will include participants from the International Criminal Court (ICC) prosecutors, technology innovators, and non-governmental organizations.

One aim of the workshops is to discuss and formulate new partnerships and protocols for documenting genocide, crimes against humanity, and war crimes in court-admissible ways.

Workshops have also been designed to facilitate and encourage discussions on the use of technology, particularly cyber information, to strengthen war crimes investigations.

Program co-chair Eric Stover is the faculty director of the Human Rights Center and professor in the school of law.

Professor Stover explained to Salzburg Global that the session would work with the ICC’s Office of the Prosecutor to help look at ways to improve their capacity to collect and assess digital evidence.

“The way we define digital evidence is information that’s contained digitally on cell telephones, mobiles, videos, [and] computers.

“What’s happened over the last year has been a push to improve the capacity of the prosecutor’s office to conduct scientific investigations.”

Professor Stover said with any criminal investigation taking place in the world, three types of evidence were sought for: testimonial, physical, and documentary.

“Documentary evidence can be minutes from meetings, telephone intercepts, written orders, or information gleaned from cellular devices. The aim is triangulate such evidence with testimonial and physical evidenced obtained at the crime scene.”

However, coordinating these three types of evident can present a challenge in itself. Prof. Stover highlighted three arrest warrants issued by the ICC during the Libyan conflict in 2011.

“During the Libya conflict, a number of people on the street or elsewhere were sending to the court video clips, memory sticks and things of this sort.

“You can get bombarded with this. How do you organize it, analyse and then decide what is its probative value?”

The session being held at Salzburg Global will bring a number of experts from around the world who will meet and discuss challenges of digital access and gathering evidence.

Prof. Stover said: “We’re always in a race against technology. In recent years, more and more of this information is in the cloud, and that lays out a whole new set of challenges of how you access that information.”

Formal and national judicial procedures need to be followed in order to collect and analyze this data.

Prof. Stover suggested the ICC was beginning to set out a plan of action to meet these challenges.

It marks the Human Rights Center’s second workshop with the ICC. The first workshop was held at The Hague last year, which brought together the Office of the Prosecutor, investigators and forensic institutes to discuss how to improve scientific investigations, including the use of DNA analysis, remote sensing, and social media.

Prof. Stover said: “This workshop, like the past workshop, is not only [about] presentations by experts on the use of accessing and analysing this bit of evidence.

“It’s also to try to act as a connective tissue in the way to get the prosecution to meet new people and experts, so they can pursue these connections after the workshop.”

The Human Rights Center conduits research on war crimes and other serious violations of humanitarian law and human rights worldwide. The center supports efforts to hold perpetrators accountable and to protect vulnerable populations using evidence-based methods and innovative technologies.

Prof. Stover hopes the session will bring about a clearer articulation of the Office of the Prosecutor’s needs and how to resolve issues affecting the ICC’s work, including the American Service-Members’ Protection Act (2002).

He said: “We’re looking for ways in which the Act that act might be amended to better enable the court to get access to service providers and for the US government and private companies to be able to assist the court.”

Prof. Stover returns to Salzburg Global for his fourth visit, having previously attended sessions to help design a curriculum on international humanitarian law for journalists.

He said: “Ironically, given the topic of our workshop, what I like about Salzburg is that our participants can escape from the digital world, turn off their devices and actually talk to one another and understand issues more deeply.

“That’s what’s wonderful about being here: the quiet, the possibility for people to meet after the workshop itself and converse over dinner. “I think in these times it’s a nice place to go to get away from the buzz of the world.”

Salzburg Cutler Fellows Program launches inaugural seminar
Salzburg Cutler Fellows Program launches inaugural seminar
Jessica Roberts 
The inaugural class of Salzburg Cutler Fellows convened November 16 at the United States Institute of Peace in Washington, DC for a dynamic interchange on the future shape and practice of private and public international law. The Fellows were competitively chosen from among the most outstanding second year students attending nine of the nation’s top law schools—Columbia, Chicago, Georgetown, Harvard, NYU, Penn, Stanford, UVA and Yale—and heard from and were mentored by faculty from those schools as well as outstanding legal practitioners. The Salzburg Cutler Fellows Program is a new endeavor of the Salzburg Global Seminar’s Lloyd N. Cutler Center for the Rule of Law.  Cutler, founder of the Washington law firm, Wilmer Cutler & Pickering, and White House Counsel to two US presidents, served for more than a decade as the Chairman of the Salzburg Global Seminar. “Lloyd believed passionately in the role that law plays in nation-building, and in the roles lawyers could play in facilitating solutions to the world’s most pressing problems,” Salzburg President Stephen Salyer noted in his opening remarks.  Salzburg established the Lloyd N. Cutler Center for the Rule of Law in 2009 to extend Cutler’s legacy.   The Cutler Fellows Program is intended to help law students carve career paths that will help shape the future of law and legal institutions around the world. The day began with a discussion between John Bellinger, former Legal Adviser to the US Secretary of State and now a partner at Arnold & Porter in Washington, and Michael Reisman, professor of International Law at Yale Law School.   Professor William Burke-White, Deputy Dean of Penn Law School, moderated the conversation about the narrowing divide between public and private law in international practice. The opening plenary was followed by the first of two break-out sessions in which students presented and received feedback from faculty and other fellows on research proposals they conceived and submitted in advance of the seminar. The sessions were intense and energetic, as faculty offered detailed critiques of student papers submitted in five vital areas of international law: use of force and humanitarian law, international economic and monetary law, international trade, international institutions and relations, and domestic responses to international law. Justice Richard Goldstone delivered the luncheon keynote address. Goldstone served on the Transvaal Supreme Court and the Appellate Division of the Supreme Court of South Africa and was one of several liberal judges who issued key rulings that undermined apartheid from within the system by tempering the worst effects of the country’s racial laws. Over lunch, he shared with fellows several stories about his own private and public law career and discussed his work as chief prosecutor of the United Nations International Criminal Tribunals for the former Yugoslavia and for Rwanda. The closing plenary addressed creating career paths in international law and public service. Chris Brummer, professor at Georgetown Law who practiced for many years in the New York and London offices of Cravath, Swaine & Moore, was joined by Michael Bahar, General Counsel to the Minority Staff of the House of Representatives Permanent Select Committee on Intelligence, and Elizabeth Andersen, Executive Director and Executive Vice President of the American Society of International Law.  Amy Gadsden, Associate Dean at Penn Law, moderated the panel. The day ended with a networking reception for the fellows, faculty and distinguished speakers, but it signaled only the beginning for the Salzburg Cutler Fellows Program; with assistance from the online enterprise network provider Yammer, Cutler Fellows will continue to exchange ideas across schools and geographies. The article abstracts discussed in Washington will be improved from this exchange and later co-published by the Salzburg Global Seminar and leading law journals.  Cutler Fellows will be involved in extending the program in coming years to include participants in the United States and internationally.  The goal is to create a network of outstanding young lawyers who can advise and mentor others, and who will help shape international law and legal institutions for decades to come. 
The Rule of Law in a Globalized World
The Rule of Law in a Globalized World
Salzburg Global Seminar Staff 
At a time when the world is undergoing a great deal of economic, political and social upheaval, there is more and more interest in, and argument about, the meaning of the rule of law and the proper role of law in society - issues examined last week at the Salzburg Global Seminar's five-day session on 'The Rule of Law in a Globalized World'. A series of panels during the week explored the particular implications of globalisation for the rule of law in different areas of practice areas, but in so doing also highlighted several unifying themes. Education, especially, was an issue that came up time and time again. Right from the start, Kenneth Dam from the University of Chicago, who chaired the session, stressed the need to break the topic down into separate legal fields and explore not only rules, but governance, the nature of law itself and what this means in different parts of the world. In international trade, former U.S. Trade Representative Carla Hills pointed to the great strides that have been made in reducing poverty and boosting transparency with the opening up of global markets under agreed rules, particularly since the founding of the World Trade Organization. This opening is, of course, far from complete. Alan Wolff, co-chair of Dewey & Le Boeuf's international trade practice group, pointed out that there is still much progress to be made in terms of liberalizing trade and investment around the world. As the stalling of the Doha Round shows, in many cases there is still a long way to go before emerging countries and the West are anywhere near reaching a consensus on certain trade issues. But in Hills's view education - or perhaps re-education - could help to break the deadlock, since it is partly caused by the least developed countries (LDCs)' lack of the necessary know-how to negotiate trade issues effectively. If better informed, she suggested, they might be better placed to understand the benefits available to them. The importance of education was also one of the main points emerging from the panel on the rule of law in the Middle East. In this case it is not so much the developing countries as the developed nations of the West that could benefit from being better informed about the Middle East, according to Azizah al-Hibri, founder and chair of Karamah - Muslim Women Lawyers for Human Rights. If the West is to really understand the true causes and implications of the Arab Spring and what it means for the rule of law in this region, she argued, it needs to reject preconceived ideas, 'redefine its view of Islam and re-educate itself about the Islamic world'. As she explained, living in a globalized world has made this all the more essential: 'We are a global village now and we know that policies based on wrong assumptions have bad consequences. So perhaps it is time to look at each other more realistically and accurately, and this can only happen through knowledge, not through stereotypes.' As the Arab Spring itself demonstrated, modern technology has increased the flow of information around the world via the Internet and focused a spotlight on the rule of law across the Middle East. In more general terms, it is also interesting to note that the Internet has had a direct impact on the rule of law in relation to particular practice areas such as intellectual property (IP). As Johannes Christian Wichard, the head of global issues at the World International Property Organization, explained, international law-making has had a tough time keeping up with the sheer pace of digital advancement in recent years. In this sense, the challenges of controlling cyber space pose real questions about the future of IP protection and the rule of law in this sector. Moving away from practice-specific implications, globalization also has wider connotations for the rule of law in light of the pressures it places on businesses and financial institutions to adapt both their local and international operations to contend with new challenges. Both Peter Solmssen, general counsel at Siemens AG and Robert Shanks, of Raytheon, agreed that, in the business world, senior management is directly responsible both for enforcing the rule of law in the workplace and for creating a work ethos which prioritises compliance. As Solmssen went on to explain, his challenge, when brought in to "clean up" Siemens after the 2007 corruption scandal, was to 'change the entire culture of the company to make compliance a top priority.' He is also a firm believer that large companies like Siemens have a role to play in fighting corruption on a more universal level: They should look not only to enforce the rule of law in the way that they conduct business, he stressed, but also capitalise on their combined market power to help 'drive out corruption and promote transparency,' in the global marketplace as a whole. Meanwhile, the sessions on capital markets and emerging economies highlighted some of the immediate and continuing financial challenges faced in both developing and industrialised countries and what they mean for the overall development of the global market economy. Understandably, the prospects for development and growth in fragile states and low-income countries depend largely on a country's own particular economic and political circumstances. But, as Carlos Primo Braga, special representative and director for Europe External Affairs (EXT) at the World Bank, told us, if you look at the developing world as a whole you see that its fortunes are increasingly determined by the progress and stability of both middle-income countries (MICs) and so-called "booming" nations, such as China, India and Brazil, and their ability to manage their own growth effectively. Financial institutions themselves can also help promote the rule of law in the finance sector, says Michel Nussbaumer, chief counsel of the European Bank for Reconstruction and Development (EBRD). 'We have seen that there is a strong correlation between good legislation for business and good market development. Those countries with better legislation seem to do better in market development, so by supporting legal reform in the commercial sphere, we also contribute to the commercial process,' he notes. Since 1991, the EBRD has worked to promote the transition of Central and Eastern European countries to a market economy. As a result of its success in Europe, the Bank is now expanding its operations to North Africa and the Middle East where, as Nussbaumer says, it will need to adopt new strategies for promoting the rule of law, tailored to the particular needs of this region. On the final day three working groups, which had working through the week in the intervals between panel discussions, presented their findings. These suggested that the very nature of the rule of law and its implications can mean very different things for different nations. Although, as chairman Dam noted, a consensus cannot be reached on what factors are absolutely essential to the rule of law, it is possible to agree on one thing: we can be optimistic that if we examine the core values of each society, we can establish both viable and aspirational goals for the rule of law in both developing and industrialised countries, as well as on a more international level, in a world which contends with the increasing and ever-evolving pressures and challenges of globalisation.
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