    ArticlesAROUND THE WORLD WITH SEYMOUR MANSFIELDLegal News with an International Perspective 2007 saw significant developments on the international legal scene, commercially, economically and relating to world security and human rights. Several events in the last months of 2007 exemplify how increasing globalism shrinks our world and, to steal a phrase from the poet John Dunne, proves today "no man or country can any longer be an island." For our part, for over a decade through our active membership in the Lawyers Associated Worldwide (LAW) network, we have long ago recognized our clients need to have the finest legal services when they venture into international transactions and cross-border disputes. "First we kill all the lawyers": U.S. Lawyers Show Solidarity with Pakistani Bar. "First we kill all the lawyers" so said "Dick, the Butcher," in the famously misquoted and misunderstood Shakespeare play. In the actual context of the play, Dick was a lead thug planning to take over the country, and targeting the lawyers was his first step in breaking down the rule of law's protection of civil and property rights. We have recent analogy from this past November in Pakistan, where taking the lawyers and judges out of the action was a dictatorial regime's first step in reasserting totalitarian control in Pakistan. At the outset of Pervaiz Musharraf's self-determined "state of emergency (SOE)," the Constitution was suspended, Courts were closed, thousands of lawyers and judges were detained, whether just peacefully protestors or perceived obstacles to Musharraf's military "law," and Justices of the Pakistani Supreme Court were placed under arrest. Hundreds of Minnesota attorneys joined thousands of U.S. lawyers in publicly declaring their support for the rule of law by signing petitions and marching in protest of Musharraf's dictatorial actions. The Minnesota State Bar Association (MSBA) rallied its members on the steps of the Minnesota Justice Center in St. Paul as state and local bars around the U.S. engaged in similar protests. At the same time, the American Bar Association (ABA) and 600 of its members marched in protest past the U.S. Supreme Court in Washington, D.C. The state of emergency ended on December 15, 2007, with many pundits opining that the quick and spontaneous grassroots, condemnation worldwide helped hasten Musharraf's ending the SOE more than the U.S. and other governments' diplomatic cautions. As the world shrinks, so do we realize that even where we have no personal or commercial interest, no "man or country can be an island." World security may rest, in large part, on the rule of law, constitutional freedoms and the balance of governmental power. Without that, a self proclaimed "democracy" can be no more than a cloak for totalitarian tyranny. But closer to home, the quip from the ever eloquent Mario Cuomo provokes food for thought: "If U.S. lawyers are marching in the streets in support of the rule of law in Pakistan, why aren't we marching in support of the rule of law here." Climate Deal Is Approved, With Surprise U.S. Participation. With the U.S. having the Worlds largest "carbon footprint" (China is number 2 and will soon overtake the U.S. in a matter of years) and a history of rejecting application to the U.N.'s environmental treaties, our country's qualified signing on to the "Bali Roadmap" in Bali, Indonesia in mid-December, after strong resistance and other participants throwing "brickbats" our way, left most surprised and many delighted at what may be a potentially workable compromise which would modestly advance worldwide environmental goals. In my opinion, there can be little to no bona fide scientific dispute that global warming can only be managed through international collaboration, which must include the U.S. and rapidly developing countries like China and India. The U.N. climate conference in Bali agreed on a roadmap for negotiations of a new treaty to combat global warming, setting the agenda for negotiators working to find ways to reduce pollution and help poor countries adapt to environmental changes. This lack of inclusion of developing countries, including China (PRC) and India, was the primary reason that the U.S. signed the last U.N. climate convention, but through both the Clinton and Bush administrations, the Executive Branch refused to support and the Senate refused to ratify, the 1997 Kyoto Protocol. This refusal has been steadfast despite the Protocol's signing and ratification by 174 nations (including nearly all developed countries) and despite its symbolic approval by 754 of our cities in all 50 states, including Minneapolis and St. Paul and 36 other Minnesota municipalities, representing about 80 million Americans. Reaching agreement in Bali featured heated debate, punctuated with insults, threats, tears and booing directed at our country's resistance to the treaty. Fearing that it would be blamed for the collapse of the climate conference, the U.S. made a dramatic turnabout accepting compensation for developing countries for cutting their carbon dioxide emissions from burning fossil fuels, i.e., "greenhouse gases" and agreeing it would participate in the negotiations of goals to cut greenhouse gas emissions by more than half by 2050. The U.S., however, refused to negotiate or adapt short term goals which the Bush Administration thought too onerous for U.S. industry. The Bali Roadmap includes measures for preserving tropical rainforests and helping poor countries adapt to a green economy. It is intended to guide the world to a new climate treaty over the next two years, taking up where the Kyoto Protocol leaves off. If the two drawbacks that doomed Kyoto to failure are avoided, and it appears they are, the Bali Roadmap will be signed and ratified by the U.S. and apply to developing countries-notably China and India. This would be a modest small step forward, and the next two years, undoubtedly influenced by the message delivered by American voters in next November's presidential election, will tell the tale of whether the U.S. does move towards global collaboration in managing global warming, and hopefully beyond that, to leadership of that collaboration, or reverts to its past role as a critic and spoiler, which, like it did the Kyoto, would probably doom the Bali Roadmap to failure. MT&C Is Ready To Guide Its Clients In International Matters Through Active Involvement In Its Network-- Lawyers Associated Worldwide (LAW). Our Firm is a member of LAW, www.lawyersworldwide.com. LAW is a Swiss incorporated association of over 100 independent law firms located in major commercial centers in over 50 countries throughout the world, with its administrative headquarters in Minneapolis. Membership in LAW allows member firms to serve the legal needs of clients that are expanding their operations and relationships into new domestic and foreign markets because of the increasing globalization of the business world. Members of LAW are among the most prominent law firms in their respective jurisdictions, with both commercial and litigation practices that are geared to middle-market clients. A key aspect of LAW is the member firms' referrals of matters outside of their geographic sphere of influence, legal licensure or expertise to member firms able to serve as counsel or co-counsel with us in other states and countries. This referral practice allows the mid-level firms which comprise LAW to compete with large national and international firms. In that sense, LAW operates as a loosely associated international law firm with offices in almost 100 worldwide locations. Your author has been one of our Firm's representatives and one of LAW's most active leaders for the last ten years. I have had the privilege of serving on LAW's international governing board, the Executive Committee since 2004. Through our firm's active involvement with LAW we have participated in the referral practice which forms the heart of LAW. This year, our Firm handled a variety of matters by incoming and outgoing referrals, including, to list but a few:
• the securing of post probate assets for the heirs of a wealthy Singapore decedent from a large California based bank. Very careful quality scrutiny is exercised in selecting the members, and in maintaining membership, they must adhere to high level service standards. Through the Annual General Meeting (AGM) worldwide meeting, the three regional meetings and dozens of sub-regional meetings, members become intimately familiar with the senior partners-the "movers and shakers--in other member firms, their special practice niches and expertise, their "deal brokering" skills, and their influence and reputations in their jurisdictions. I know personally most of the key partners in over 85% of LAW's 100 member firms. I am professional friends with many of them. I am able to judge their energy, responsiveness and competency before we entrust our clients to them, and I am able to personally impress on that senior partner-my professional friend or acquaintance-the importance to me and the client of top notch, fairly priced legal services throughout the engagement. In the rare instance where a member-client relationship problem arises, I am eminently equipped to quickly repair the problem. Our Firm's other representatives, Earl Cohen and Jeffrey O'Brien, in both their own rights and through my broad coat tails, can also discern and insist on first class representation for our clients. Mansfield Tanick & Cohen is proud that through LAW it has become a very active and engaged player on the international legal scene. We look forward to increasing our international presence and practice and serving your legal needs in 2008 and beyond. For more information on LAW, please contact Earl Cohen, Jeffrey O'Brien or me. Wishing You Happy Holidays and a Super 2008, Seymour J. Mansfield Member of Lawyers Associated Worldwide |
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