Former Members of The Commission on International Rules of Judicial Procedure Malcolm R. Wilkey, 1958-1959, when Assistant Attorney General, Office of Legal Counsel, Department of Justice; now, member of the firm of Butler, Binion, Rice & Cook, P.0. Box 2200, Houston 1, Texas. THE FORMER MEMBERS OF THE ADVISORY COMMITTEE ON INTERNATIONAL RULES OF JUDICIAL Henry P. de Vries, 1959-1961; Professor of Law, Columbia University Major General George W. Hickman, Jr., USA, Retired, 1959-1961; Henry G. McMahon, 1959-1961; Professor of Law and former Dean, Alexander Nekam, 1959-1961; Professor of Law, Northwestern University Law School, Chicago, Illinois; formerly, Hungarian Ministry of Justice and Foreign Office, Budapest. Lyman M. Tondel, Jrl, 1961; member of the firm of Cleary, Gottlieb & C THE FOURTH ANNUAL REPORT OF THE COMMISSION ON INTERNATIONAL RULES OF JUDICIAL PROCEDURE I. This report is submitted at a time when the Commission has sub stantially completed the first phase of its work a study of the federal and state statutes and the federal rules of procedure involved in practice in international litigation. The Cormission's reccr.mendations for improvement of the federal statutes have been submitted to the President in form for presentation to the Congress. This report covers the period from that of the Third Annual Report, submitted on January 20, 1962, to date. Since the last Annual Report the following changes have occurred in the membership of the Commission: On April 3, 1962, the President appointed Abner V. McCall, the President of Baylor University, Waco, Texas, as a public member of the Commission. On August 17, 1962, Nicholas deB. Katzenbach, a Department of Justice representative, resigned after beccming Deputy Attorney General, and the Attorney General designated Norbert A. Schlei, Assistant Attorney General in charge of the Office of Legal Counsel, as his successor. On January 2, 1962, Salvatore Bontempo, a Department of State representative, resigned and on November 6, 1962, the Secretary of State designated Abba P. Schwartz, Administrator of the Bureau of Security and Consular Affairs, as his successor. No change has occurred in the membership of the Advisory Committee. 1 During the period covered by this report the Commission and its Advisory Committee have continued their collaboration with the Columbia University Law School. As stated in the Second Annual Report of the Cormission, when the Congress, in 1959, failed to make an appropriation of funds to finance the work of the Commission for the ensuing year, the Commission, with the approval of the President, decided to seek funds from private sources. The Carnegie Corporation, in April, 1960, made a grant of $350,000 to the Columbia University Law School for the purpose of financing a program of the Columbia Law School, which included research and drafting necessary to the Commission's program. The grant covered the period expiring December 31, 1962. The Law School established a Project on International Procedure as an instrumentality for administering the grant and for collaborating with the Commission and its Advisory Committee. The Commission and the Columbia Project agreed upon a plan of operation as scon as the Carnegie grant was announced. It was decided that the staffs of the Commission and the Columbia Project would undertake a study of all the federal statutes and federal rules of procedure involved in international judicial assistance and draft such revisions of the statutes and rules as appeared necessary to effect improvements. It was also determined to make a study of the law and rules of procedure of the states, and to prepare, for recommendation to the National Conference of Commissioners on Uniform State Laws, uniform or model state laws embodying the substance of recommendations to be made for the improvements of federal law and procedure. A drafting group, made up of members of the Columbia Project and certain members of the Advisory Committee, was established. Its membership was as follows: Judge Albert B. Maris, a member of the Advisory Committee, who served as Chairman of the group; Philip W. Amram, Chairman of the Advisory Committee; Professor Rudolf B. Schlesinger and Dr. Charles J. Zinn, members of the Advisory Committee; Harry LeRoy Jones, Director of the Commission; Professor Willis L. M. Reese, Chairman of the Faculty Executive Committee of the Columbia Project; Professors Hans Smit and Arthur R. Miller, Director and Associate Director of the Columbia Project, and Professors Maurice Rosenberg, Henry P. de Vries, Jack B. Weinstein and Paul R. Hays (who has since become a judge of the Court of Appeals for the Second Circuit) of Columbia Law School. The Chairman of the drafting group, Judge Albert B. Maris, is also Chairman of the Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States. At the invitation of the Chairman of the Standing Committee, the drafting group early established liaison with the Advisory Committee on Civil Rules of the Judicial Conference, of which the Honorable Dean Acheson is Chairman and Professor Benjamin Kaplan, of Harvard Law School, is Reporter. In its study of the rules of civil procedure which relate to foreign practice the drafting group has continually worked in collaboration with the Civil Rules Advisory Committee and, to a lesser extent, with the Advisory Committee on Rules of Criminal Procedure and the Advisory Committee on Admiralty Rules. Of the proposed amendments to the Rules of Civil Procedure contained in the Preliminary Draft circulated to the Bench and Bar by the Committee on Rules of Practice and Procedure of the Judicial Conference in October, 1961, draft |