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 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.
Justice Richard Goldstone delivers inaugural Lloyd Cutler Lecture in Washington DC
Justice Richard Goldstone delivers inaugural Lloyd Cutler Lecture in Washington DC
Salzburg Global Staff Writer 
At the invitation of the Salzburg Global Seminar, the internationally renowned jurist Richard Goldstone delivered the first annual Lloyd N. Cutler Lecture on the Rule of Law in Washington, DC on November 9th.

The event was organized to launch the Lloyd N. Cutler Center for the Rule of Law, an initiative intended to help the Seminar expand and strengthen its program in this area, with which the late Lloyd Cutler (who chaired our Board of Directors from 1984 to 1994) was particularly associated. Justice Goldstone – perhaps the most experienced and widely respected judge and prosecutor in the field of international criminal law – was a friend of Lloyd Cutler and first attended the Salzburg Seminar at his invitation.

Now himself a Director of the Seminar, Goldstone chose as the theme of his lecture “The Rule of Law: Indispensable Prerequisite for Democracy”, giving examples both at a national level (both in his own country, South Africa, and in the US) and in the field of international criminal law. In the national context, he stressed that separation of powers between the branches of government is central to the Rule of Law, and challenged the recent United States practice of using “signing statements” to indicate that the President regards legislation as being unconstitutional and therefore having no binding effect on him. Justice Goldstone quoted with approval the report of an American Bar Association “Blue Ribbon Task Force” in July 2006, to the effect that such presidential assertions of constitutional authority “undermine the rule of law and our constitutional system of separation of powers.”

In the international context, Justice Goldstone praised the work of the International Criminal Court, which he described as “living proof that we no longer live in an age of impunity for war criminals”. He credited the Court’s creation to the work of former Secretary of State Madeleine Albright, during her tenure as US ambassador to the United Nations (1993-96), and added that he himself, during discussions at the Salzburg Global Seminar, had been helped to “convert” Lloyd Cutler “from the view that the United States should oppose the ICC to one that the United States should play a waiting game” – which, he said, was also the approach of the Clinton Administration.

In his address, Justice Goldstone drew not only upon his extensive legal career but also on memories of his personal and professional relationship with Lloyd Cutler. He referred to Cutler as “one the most open and inquiring minds one could imagine,” and praised his lifelong support for the Rule of Law, both within the United States and internationally.

Following the lecture – which, thanks to the generosity of B. Thomas Mansbach, a longtime friend of the Seminar and Chairman of the Advisory Board of the Cuter Center for the Rule of Law, was held at the Phillips Collection – Justice Goldstone engaged in a question and answer session with journalist Judy Woodruff of The NewsHour with Jim Lehrer, who asked about his recent report for the United Nations on the Gaza Conflict, which a few days earlier had been criticized in a resolution of the US House of Representatives. Goldstone pointed out that the Obama Administration, despite calling the report “deeply flawed,” has backed its two main recommendations – that Israel and Hamas should each set up internal inquiries into violations of the laws of war committed by their respective forces during the conflict in Gaza.

He also strongly denied the recent claim by Israeli Prime Minister Benjamin Netanyahu that the report would deny Israel the right to defend itself. On the contrary, he said, Israel has “the right, and indeed an obligation, to defend its citizens.” He noted that his investigation did not examine the justification for use of force by either Israel or Hamas, but only considered the manner in which force was used and whether it conformed to the laws of war. And he repeated his view that crimes “are committed by individuals, not by a collective people,” adding that his work on this report has not changed his views towards Israel as a state, which he continues to support.

Lloyd Cutler, who died in 2005, was a longtime leader of the Washington DC legal community, serving as an advisor and friend to both Democrats and Republicans, as well as White House Counsel for two Presidents. He was also a committed advocate for the Salzburg Seminar, chairing the organization’s Board of Directors for ten years and working to expand and internationalize the Seminar’s legal programs. The Lloyd N. Cutler Center for the Rule of Law is designed to celebrate the legacy of Cutler and enhance the Seminar’s reputation, which Cutler did much to establish, as a place where experts and emerging leaders from all countries gather to debate and promote the Rule of Law.

Richard Goldstone has served as chairman of the inquiry into violence and human rights abuses by the state security forces in the last years of apartheid in his native South Africa, as a judge on the South African Constitutional Court, and as the first chief prosecutor of the International Criminal Tribunals on the former Yugoslavia and Rwanda in the mid 1990s. He has also been a visiting professor at several of the top law schools in the world.

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