International & Comparative Law Perspectives: Spring 2010

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International & Comparative Law Perspectives Publications

Spring 2010

Int'l & Comp. Law Program George Washington University

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international and comparative law perspectives News and current issues

[ perspectives ] spring 2010 climate change and 1, 2, 7 perspectives 1, 6 viewpoint international trade law: 3, 6 Recognition a conversation with gw law professor steve charnovitz 3, 5 WHat’s new 4, 5 PRofiles For Steve Charnovitz, the recent media and government attention on 6 our history 7 in print climate change—particularly in advance of the Copenhagen Climate 8 on the agenda Conference in December 2009—placed on center stage the issues that have shaped his research and writing throughout most of his professional career.

[ viewpoint ]

n this issue of Perspectives, we profile the work of our Iinternational and comparative law faculty and introduce readers to distinguished GW Law alumni who have been instrumental in shaping the field. The lead article features an interview about international trade law and climate change with Professor Steve Charnovitz.

harnovitz brings His work at the U.S. Depart- director of the Competitiveness numerous perspectives ment of Labor on international Policy Council, an independent Cto the discussion. First, labor issues; for Senator Carl federal advisory committee with he understands the policy angle, Levin; and for two speakers of representatives from the private having obtained a master’s of the U.S. House of Representa- sector and government that public policy from the Kennedy tives, Speaker Jim Wright and advised the president and the School of Government at Speaker Tom Foley, has given Congress on policies to make Harvard University after him unique insight into the U.S. the U.S. more competitive. graduating from Yale College. government. He was also policy Professor Charnovitz is not shy Assoc. Dean Susan Karamanian

continued on page 2 continued on page 6 n that n 2004, I continued on page 7 ndia and the U.S. t noted that t noted n the fall 2009 issue f you were a f you were - unilateral America’s n neither case does the dministration with its “my way ndia. I and contributed to the lack of to and contributed trust I between EDITOR: I Economy, you of The International about wrote the change, noting ism in climate possibility of “eco-imperialist Explain your unilateralism.” concerns. I CHARNOVITZ: out the article, I pointed parallelismthe Bush between A or the highway” attitude and the current political situation in which Congressional democrats trade are promoting unilateral as a way to measures by the U.S. China and actions to dictate I lead by positive example. U.S. Congress has that the U.S. Given a serious greenhouse not enacted gas reduction program, it is premature and hypocritical for threaten the Congress to sanctions against other countries that are also laggards. EDITOR: I member of Congress, what measures propose to you would deal with global warming? I CHARNOVITZ: the an article to pointing wrote need for framework legislation goal on climate setting a U.S. change, authorizing negotiations, for and setting out a procedure reviewCongress to and approve the results of multilateral negotiations. I that Congress had never taken to develop a simple first step

A t A n my view, n my view, t Copenha- A f that’s true, f that’s Professor Steve Charnovitz examines the relationship the relationship examines Professor Steve Charnovitz book recent in his WTO law and measures between climate System Trading World and the Warming Global - recom We CHARNOVITZ: countries mend that the largest agree cooperative - into enter of address the problem ments to deal with change and to climate to issues of how the trade-related for emissions associated account with imports and exports. Such agreementscooperative be could WTO inside the accomplished regime. or in the climate Barack Copenhagen, President about the the world Obama told in mitigation actions being taken and said that these new the U.S. millionspolicies “will of create new new jobs, power industries, and spark us competitive, keep new innovation.” I then new Congressional legislation does not need [to include] trade sanctions against other countries. do What concerns EDITOR: WTO you have from the of perspective on the outcome the Copenhagen summit? CHARNOVITZ: proposals on the gen, there were ban the use of border table to of seen a text measures. I haven’t those proposals, but in our book that the recommended we Copenhagen Summit enact a temporary on moratorium border measures pending the of newoutcome negotiations. few ago, weeks I read in World negotia - Online that “U.S. Trade ban such buried an effort to tors measures during the climate I change conference.” that was unwise and unfortunate

- lthough we Although we nstitute for nstitute f these environmen- So, what does he think about So, what does conomics] Economics] nternational nance, in particular. in particular. nance, to national attempts global and change in light of address climate the vast legal international regulate to regime that attempts rganiza- O Trade World trade, the sat down with We tion (WTO)? Charnovitz on for a conversation this issue, as well as on the on climate position of the U.S. change. new book Your EDITOR: World the and Warming [Global with , co-authored System Trading Gary and Jisun Clyde Hufbauer Kim and published by the Peter I Peterson G. I between examines the tension change address climate efforts to What are some of WTO law. and points? tension the key CHARNOVITZ: role of non-governmental in global goverorganizations in our book that trade note it easier liberalization can make for governments take to greenhouse reduce measures to gas emissions, the focus in our book is whether particular climate domestic or international We WTO law. measures violate that many of the are concerned measures being proposed in the WTO rules. violate would U.S. bill example, the climate For of House passed by the U.S. 2009 in June Representatives an adjustable importcontains certain on imposed be to charge that countries certain from goods legislation climate have not do compliance of cost a imposes that the of] [that as high as least at violate would provision This U.S. WTO rules, in my view. EDITOR: I tal measures are inconsistent WTO regime, then with the what measures should nations change address climate enact to minimize the tension? that would off changing better are we Or, WTO regime? the

w w and s l W la arative nternational and perspective comp nternational and Comparative internationa International and Comparative Law Perspectives is published by the I Comparative Law Program at The George Washington University Law School. Questions or comments should be sent to: Susan Karamanian [email protected] 202.994.1210 George Washington University Law School I Law Program 2000 H Street, N Washington, DC 20052 www.law.gwu.edu Second, he is a lawyer, trained he is a lawyer, Second, the breadth of Charno- Given about his support for free trade, that the yet he recognizes government to may need and social economic implement supportpolicies that trade liberalization. Law School, with a focus Yale at He law. on public international Cutler, Wilmer, at practiced &Dorr in Hale Pickering, trade law before international Third, Law in 2004. joining GW he has a firm grasp- of interna - tional and domestic environmen tal issues; in 1994, he co-founded Environ- the Global and directed Study (GETS) at Trade ment and for Environmen- Center Yale the The GETS tal Law and Policy. was one of the first institutions exclusively trade be devoted to to and the environment. training and focus, it should vitz’s as come no surprise that his work trade law hasin international a strong normative component. writing remains, however, His disciplined and rigorous. His haspath-breaking work tackled the broad issue of global governance, in general, and the continued from page 1 continued from s ] ctive rsp e [ pe

2 international and comparative law perspectives 3 international and comparative law perspectives

- nterna ew York York ew American n 2006, she was nternational Law nternational Remedies in in Buergenthal), Remedies Rights Human International Law (awarded the 2000 Merit from the of Certificate I American Society of tional Law), and the three- Genocide of volume Encyclopedia Humanity and Crimes against (awarded a Best Research book award by the N Public Library). She has authored many articles and law, books on international and human rights law, environmental international law and is a member of the of the board of editors - of Interna Journal American Shelton tional Law. Professor numerous of boards the on sits human rights and environmental organizations, including the Society of I for which she serves as vice president. I awarded the prestigious in Prize Elizabeth Haub Environmental Law. Luke Wilson Luke - Associa- continued on page 5 nternational Law nternational American Commis American Bar nter- [ what’s new ] [ what’s The Peter and Patricia and Patricia The Peter Professor Dinah Shelton, Dinah Shelton, Professor nter- nternational Court of Justice Courtnternational of Justice nternational Law, was Law, nternational tion Book Prize and tion Book Prize Thomas with co-authored sion on Human Rights for a Rights sion on Human beginning in term four-year She is the first 2010. January by the U.S nominated woman Professor for the commission. is the author or editor Shelton books: of three prize-winning the in Rights Human Protecting (winner of the 1982 Americas I Gruber Foundation Inter- Foundation Gruber recently Gruber Foundation established the Gruber I Foundation provide to Fellowship financial support for a GW clerk at the to Law graduate I is (ICJ) if that graduate its by the ICJ into selected The trainee program. foundation honors and Professor Dinah Shelton Elected to Inter-American Rights Human on Commission Dinah Shelton of Ahn Professor the Manatt/ I a member of recently elected the I Fellowship Law national

ct:

ffect A nitiatives,” continued on page 6 nternational nternational nternational nternational 13 iolations,” 13 elson II, V ntellectual ntellectual enezuela’s Social enezuela’s V -Health I -Health nternational Law,” Law,” nternational nformation Technology Technology nformation Alan N . Raslan, “Shari’a and the A. Raslan, n)determinable: Race in Race n)determinable: ttorney Liability under the Liability under ttorney nternational Law Fights Law Fights nternational astern Perspective,” Middle Eastern Perspective,” A Responsibility on Radio and on Radio Responsibility Foreign Corrupt Practices Corrupt Practices Foreign Legal and Ethical Challenges and 255 L. Rev. Mem. Solutions,” 39 U. (2009). Heba of I Protection Example of Property–The (2007). 497 Egypt,” 47 Idea Warfare Schaap, “Cyber Arie J. Operations: Development and under I Use 121 (2009). L. Rev. A.F. 64 “Prior Luis Olivera Soto, in Restraints “ 12 DePaul J. Health Care L. 105 Health J. 12 DePaul (2009). “The Literary Hilla, E John of Sovereignty in I 77 (2008). L. Rev. Widener 14 Law,” “State Damira Kamchibekova, for Extraterriorial Responsibility Rights Human 87 (2007). L. Rev. Rts. Hum. Buff. William D. Wendy Greene, “Determining “Determining Greene, Wendy D. the (I States,” the United Brazil and Race & L. 143 (2009). J. 14 Mich. R. Hassanien, Mohamed “I World: in the Muslim Terrorism A L. & Pol’y Int’l 221 J. Denv. 36 (2008). R. Hassanien, Mohamed - and Multilateral “Bilateralism Public I ism: Can Them? Between Law Reconcile - WTO Jurispru Options for Real & Bus. Int’l Rev. Asper 8 dence,” L. 51 (2008). Trade M. and Klaus Claudia E. Haupt Brisch, “I The Present Healthcare: Meets of German and and Future European E - -

ntroduc orms in An An I ijhoff mplementa- njury Litiga- Amerasinghe nnocent Civilian? Civilian? nnocent nternational Law nternational Arbitration,” reland: nnovations of ssues: Transparency Transparency ssues: ncorporation of the ncorporation iranjali Manel iranjali Manel ttorneys’ Fees Still Haunts U.S. U.S. Still Haunts Fees ttorneys’ Call to Change the Current Change the Current Call to nternational Commercial nternational nvestor-State American Branch ILA/Ameri- rskine, “Reforming Daniel H. Erskine, “Reforming I Personal Federal tion by I I Procedural Analysis and Proposal,” L. 1 & Comp. Int’l J. 15 Cardoza (2007). rbitration: Part I, Arbitration: Part David B. Dixon, “Que Lastima on Zapata! Bad CISG Ruling A Miami of Courts,”Univ. 38 45 (2007). L. Rev. Inter-Am. and I Scotland tion of Transparency N Transparency tion of I the I tion to in and Public Participation I (2009). Joint Study on the I Joint “Unlawful Bogar, Thomas J. Combatant or I A Status of for Determining Means on War in the Global Prisoners L. 29 Int’l J. 21 Fla. Terror,” ur LL.M. students’ recent Our LL.M. students’ recent publications in journals include: N Jr., Magraw, and Daniel Barstow “ can Society of I L. 337 Comp. & Int’l J. ILSA 15 (2009). Counterterrorism and and Dan Stigall, Counterterrorism - Law of Investiga the Comparative Press (Cambria tive Detention 2009). - Agricul Law, tion of International Infectious and Biotechnology, tural N Disease (Martinus Publishers 2007). Meredith Mariani, The Intersec Mariani, Meredith { Recognition } { Recognition LL.M. great pride in our take We of whom havestudents, many published. had their scholarship of our of two theses The recent have been LL.M. graduates aspublished books: ehru, n his ehru. While ehru. - ndia-Paki rab voice Arab voice t that A ndira Gandhi. ndira Gandhi. ot wanting to ot wanting to ld Delhi, where Delhi, Old ndian Muslims ndian Muslims ehru. So, Maksoud ehru. Maksoud So, ehru several repeated mbassador Maksoud’s Ambassador Maksoud’s s my friend Maksoud As my friend Maksoud Arab League with no During the 1965 I ehru followed him, and he also ven though it was nearly ndia earlier that morning,ndia earlier was was not thrilledndeed, Gandhi view of him ndira Gandhi’s particularly the on his first day in said repeatedly Maksoud country, no. But the ambassador insisted, that an recognizing stan war, friendship was with Gandhi instrumental in helping ease a volatile situation and gave rise to one of the most inspiring career. moments of Maksoud’s him and leaders came to Muslim that a group expressed concern of extremists was throwing at the homes of Muslims. stones called I Maksoud I not eager speak in public. to I someone about having Maksoud, the stage. take her, unknown to stares at him sent a fierce Her strong signal. N of N anger the daughter should speak on the issue. eventuallyGandhi agreed let to speak for exactly six Maksoud minutes—less than the 10min- the other to allocated utes the only after speakers—and for except other speakers, N Panditji N right before spoke everyone else was as introduced a Gandhi great liberation leader, the new introduced ambassador of the for only spoke fanfare. Maksoud show he was not to four minutes the other eager speak. Unlike to read a speech. he didn’t speakers, N I without notes. spoke speech, N times, “ said…,” as if they had been life-long friends. Maksoud, to moment, according I “moved from antagonism to respect.” E midnight, she suggested that the Masjid, the Jama they go to in mosque large thousands of I There, Gandhi taking cover. were the group, saying, “Why to spoke . ijaya V ndian ndira Ambassador ndia. On the ehru. rab League’s first Arab League’s ndian Prime Minister Minister ndian Prime ndians such as Dr. Ram Ram ndians such as Dr. Maksoud became interested in became interested Maksoud While at GW Law, Maksoud Maksoud Law, While at GW ndia through his friendships nouye, now the senator from the senator nouye, now Jawaharlal N Jawaharlal Lakshmi Pandit, the sister of the sister Lakshmi Pandit, then-I a to Maksoud invited Pandit O William dinner with Justice They struck up a Douglas. and Justice conversation Douglas, known for his interest and people, in foreign countries you help him, “Why don’t said to me?” Based- on that conversa an intern became tion, Maksoud an amazing quite the justice, to feat for a law student from consecutive two Lebanon. For 16, they years, on October Douglas’s Justice celebrated The Baghdad birthday at on I Street. On one Restaurant Felix of these occasions, Justice Byron and Justice Frankfurter joined them, along with White other guests. I with I Lohia, the Socialist Manohar Washington, leader who visited On February 4, 1961, at the D.C. arrived in age of 29, Maksoud Delhi as the I ambassador to morning of his arrival, he had breakfast with the Egyptian who suggested that ambassador, stay at the ambassa- Maksoud guest house until he found a dor’s That night, the Egyptian home. ambassador had a dinner for dignitaries, including I discuss a conference to Gandhi, be held the next day on Goa to with leaders of former colonies The ambassador of Portugal. should suggested that Maksoud speak at the conference. who had just arrived in Maksoud, school classmates, Daniel school classmates, I understand at “didn’t Hawaii, was I times a word and I saying, still he doesn’t!” think a fact made numerous contacts, that has served him well was close throughout his life. He of the I the daughter to ambassador time, at the oor of ations in Beirut Arab for some merican University in American University mbassador Maksoud came to came to Ambassador Maksoud quickly arranged for him to I quickly arranged for him to ccording to him, one of his law to ccording mbassador Maksoud, what Ambassador Maksoud, brings you to GW Law?” The Law?” GW brings you to had just seen each other in two Beirut and did not know they the same law both had attended school. from graduating Law after GW the his arrival, he Beirut. Upon that his “English was admitted hazy and too understand.” Americans to A diplomat gave him a mastery of an the facts and issues and engaging, manner. convincing talk to Law to GW return to about life as Before I a diplomat. the invitation, he extend could of lunches, couple a me to invited including a small gathering to Hunaidi, Rima Khalaf honor Dr. N of the U the former director for Development Programme and Queen N Arab States, N for the United across the quad, shouted “ Jordan. He also visited the Law also visited He Jordan. While we School one afternoon. walking outside, a Lebanese were who now works LL.M. graduate Arab Arab ndia fter learning After Ambassador Ambassador ations from 1979 to mbassador to I Ambassador to

mbassador Moustapha Ambassador Moustapha ftar at the home of the ftar at the home of the

spoke to a to The next day I spoke attended I attended This past Ramadan, mad Moustapha. mad Moustapha. Maksoud’s experience as experience a Maksoud’s journalist of (he was senior editor and then chief in Cairo Al-Ahram in Weekly of Al-Nahar editor Beirut) as and his experience a from 1966. 1961 to colleague about and he said, “Oh yes. Maksoud television is a regular on He about the Middle East.” I learned quickly that Ambassador Clovis Maksoud 1990; he resigned due to the 1990; he resigned due to League’s position on the Gulf position on the Gulf League’s also had been the He War. League worked at GW Law, the Law, at GW that I worked Clovis me to ambassador steered an unassuming man Maksoud, had me that he who politely told in 1951 at GW earned his J.D. Shortly- our conversa into Law. tion, Maksoud, mentioned that Mr. originally from was Lebanon, also having served asan ambassador, the chief representative of the and the Arab League the U.S. to N United by Susan Karamanian, Associate Dean for International Studies for International Dean Associate Karamanian, by Susan an I the U.S., Ambassador to of Syria I Clovis Maksoud (J.D. ’51) [ profiles ] [ profiles

4 international and comparative law perspectives 5 international and comparative law perspectives n 2008

dviser, and at dviser, lbany. I Albany. A Appeals of Cologne; ★ ew York at at York ew N at the law firm of practiced in Westphalen von Graf Cologne, with her practice focusing on information law; and taught as technology of an adjunct at the University primaryCologne. Her are in the research interests areas law, of constitutional constitutional comparative - and interna legal history, law, publications Her tional law. have appeared in the Boston Law International University Washington George Journal, and Law Review, International International of Journal Florida Law. strength in international law strength in international nation’s and its location in the served as Wilson capital. of The executive articles editor International Washington George and held several Law Review other on-campus positions. he secured Law, While at GW at the U.S. internships coveted Office DepartmentState, of of the Legal Department of the U.S. Division. Criminal Justice, Cologne, she at the University successfully defended her thesis in political Ph.D. study a comparative science, of religion-state relations in Dr. and Germany. the U.S. at the Regional clerked Haupt Court of - nterna nternational Law Fellow Law Fellow nternational [ what’s new ] [ what’s GW Law has a announced GW - Founda GruberThe first Claudia E. Haupt Claudia new position, the I tional and Comparative Law which allows a junior Fellow, scholar the opportunity to at research, and write teach, The first fellow is Law. GW who Claudia E. Haupt, her first law degree received of from the University Cologne and an LL.M., with highest honors, from GW She also holds a master’s Law. degree in political science of from University the State continued from page 3 continued from encourages educational and social justice, excellence, scientific achievements that human condition. the better By establishing the fellowship, is the Gruber Foundation the advance helping to development understand- and law. ing of international tion I of a graduate Wilson, is Luke College, who chose Bowdoin Law for its study at GW to InternationalNew and Fellow Law Comparative And I - ren’t you Aren’t American Arab American Ambassador Although he is no Arab League lit offices Maksoud likes to recall to likes Maksoud Throughout merican University in American University another moment in the media another moment the OPEC oil spotlight. During 1973 and 1974, embargo of was a Ambassador Maksoud special envoy of the the tour was sent to Summit. He landing in The morning after U.S. he found himself on the states, being inter Show Today The ( He Walters. viewed by Barbara wasdid not know who she as this U.S. was on his first time question first Her television.) “ was of, along the lines ashamed of yourself as on the NBC you must haveway to seen or Americans waiting for two three hours for gasoline because response of your embargo?” His I want to Walters, was, “Madam this opportunity to take the apologize to drivers for the inconvenience that our oil embargo has caused.” “ continued, She smiled. He hope one day that the the drivers will apologize to refugees who have Palestinian 40 on the breadlines for waited studio The phones in the years.” and in the She subsequently up quickly. more friendlyasked questions breakfast. him to and then took fascinating stories Maksoud’s about life as a diplomat, his well-developedviews about the substantive issues concerning Arab identity and the Palestinian issue remain evident. His Law clearly preparation at GW the helped launch him into put him arena and international in the path of contemporary leaders. world he longer an ambassador, field the in a as work to continues professor of international of the relations and director South for the Global Center at ★ D.C. Washington, - - - ations. Ambas n a ations. Along with Assembly rafat a visa to a visa to Arafat ccording to to ccording ations invites as a ations invites A n 1988 during the presidency I As he recalls his life, sador Maksoud has fond sador Maksoud Law memories of his GW professors, particularly Professor who introduced Malleson Tom law and comparative him to Malleson law. international visit the ambassador later would in Beirut the on his many trips to region, and he was instrumental in one of the events that Clovis event.” describes as a “career Secretary U.S. Reagan, of Ronald Shultz used his George P. of State prerogatives,” as “constitutional O deny PL he described them, to Yassar Chairman N the United to come consulted Ambassador Maksoud who advised him with Malleson, that the denial of the visa host country the U.S. violated N treaty with the United The treaty states that whomever The treaty states N the United or observermember state cannot be denied a visa, although the impose certain restric can U.S. tions on the person’s movement tions on the person’s I while in the country. told Maksoud moment of anger, media “stringers” that he would move the UN General seek to Assembly Geneva, Switzer to The General land. overwhelminglylater a adopted move the meeting. motion to to Geneva, On the flight the U.S. sat next to Maksoud who wasamused not ambassador, about flyingto all of the way Geneva for a UN General Assembly meeting. are you fearful? Come with me, Come with me, are you fearful? get your rickshaws.” had Gandhi whom the police, to they took her, brought with the streets. - this incident con Maksoud, to commitment Gandhi’s firmed considers secularism, which he legacies. one of her greatest they Through this incident, for each gained mutual respect other; it effectively cemented their close friendship.

uthority Armed American A slamic ‘Purse Are they Arab League ct: A 30 U Pa. J. Int’l L. 1367 Int’l J. Pa. U 30 nternational nternational nterdiction on the High on the High nterdiction 40 Geo. Wash. Int’l L. Int’l Wash. Geo. 40 Justified?,” 401 (2008). Rev. of Dan Stigall et al., “Use Rights and Human Force: Military- Counterin Decisions: in the Trends surgency and Law of I Conflict,” (2009). et al., “East Watanabe Kenji Asia Clean Development Engaging EastMechanism: Asian Countries in Sustainable Development and Climate through the Regulation L. Evnt’l Int’l Geo. DCM,” 20 645 (2008). Rev. “I Western, David the to The Key Strings’: Women’s Amelioration of Legal Rights in the Middle 127 (2008). L. Rev. A.F. East,” 62 Wilson, David Garfield “I and The Role Seas: on the Boarding of a Master and Searching of his Ship by L. Naval 55 Warships,” Foreign 157 (2008). ★ Rev. continued from page 1 continued from on our alumni The focus (J.D. examines Clovis Maksoud ’51), the former continued from page 3 Television ambassador to the U.S. and the U.S. ambassador to at current professor University, and John Foster Foster and John University, Dulles the former (LL.B. ’11), also We secretary of state. U.S. new two provide insight into fellowships in international law as welland comparative as on our faculty, updates students, and events. ★

sia sia A ew York) York) ew n 1959, N ational Cemetery web site allies and resolve the Suez Suez the resolve and allies . Garraty and Mark C. Carnes, O T By the time he was appointed appointed was he time the By rlington N Canal situation, and he wasCanal instrumental in ensuring that support was various provided to was Middle Eastern nations. He magazine’s as recognized Time I Year. of the 1954 Man he resigned the ailing from cancer, and state of secretary as position Dulles later. months two died Medal the Presidential received shortly his before of Freedom death. ★ Treaty Organization was estab - Treaty a negotiate helped also He lished. among force of use coordinated NA the treaty. Following those those Following treaty. the to appointed was he experiences, vacancy the fill to Senate U.S. the ( Wagner F. Robert of in 1949. had Dulles state, of secretary Soviet the on views entrenched and Containment Union. sufficient, be not would neutrality States United the believed; he engagedbe - to needed internation ally and have plan. a long-term views on “brinkmanship” andHis antagonized some “liberation” too considered were they because Dulles’ Under aggressive. Southeast the leadership, Sources: Pruessen,Ronald W. John Foster Dulles: The Road to Power (1982) John A eds., American National Biography, vol. VII (1999) Biographical Directory of the United States Congress: 1774-Present (2009) A - t that that t A ew York. York. ew ssembly in Paris in Assembly in Paris ew York Bar Bar York ew N N ew York City law firms firms law City York ew N Dulles quickly established established quickly Dulles Dulles completed his LL.B. LL.B. his completed Dulles examination, and after an an after and examination, search, he landed a job extensive & Sullivan of firm law the at in Cromwell time, time, and Law GW about little knew Dulles hire to inclined not were credentials. His his stellar despite an arranged Foster grandfather interview with a partner at based and, Cromwell & Sullivan Dulles a landed on the interview, clerk. a as job himself at Sullivan as & Cromwell lawyer. brilliant and energetic an doing was he years, few a Within work. substantive international Depart the U.S. moved to He ment of State during the war and and war the during State of ment as participated a member of later Paris the to delegation U.S. the at 1919, of Conference Peace limited for advocated he which a Germany, for reparations accepted not was that position proved years the over but returned eventually He prescient. - Sullivan becom & Cromwell, to ing executive partner of the firm. flourished, work international His He engagement. civic his did as a senior U.S. was appointed Francisco San the at adviser was later and 1945 of Conference the to delegation U.S. the of part UN General of position the assuming 1945, delegation the of chair acting returned when George Marshall Perhaps for surgery. the U.S. to important most his of one wasaccomplishments negotiating he with Japan; Treaty the Peace feverishly for one year on worked to foreign affairs through his his through affairs foreign to would who Lansing, Robert uncle, secretary become later of state Woodrow then-President under Wilson. years. He degree in just two the passed ] fter graduating first first graduating fter isenhower from 1953 1953 from isenhower A E story hi Dulles’s grandfather Foster, a Foster, grandfather Dulles’s John Foster Dulles, U.S. Dulles, U.S. Foster John year later, he moved to to moved he later, year in his class from Princeton in his class from Princeton Dulles Paris moved to University, where he studied philosophy and Sorbonne. the at law international A his with live to D.C., Washington, Foster, Watson John grandfather, Law. enroll in GW and to former secretary under of state had Harrison, Benjamin President Hague Second the to Dulles taken in 1907 when Conference Peace Dulles was a 19-year-old Prince- as attended Foster student. ton the envoy for China; Dulles later became a secretary the Chinese to French his to due delegation The trip helped language skills. in interest Dulles’s shape resolution dispute international interest That policy. foreign and was further nurtured because he at Wilson Woodrow met had exposed been had and Princeton to 1959, is one of GW Law’s most most Law’s GW of one is 1959, to who one alums, distinguished law international shape helped profoundly. John Foster Dulles (LL.B. 1911) Foster John President under state of secretary D. Dwight John Foster Dulles (LL.B. ’11) (LL.B. Dulles Foster John ur [ o

6 international and comparative law perspectives 7 international and comparative law perspectives

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ew U.S. ew U.S. An pproach to Approach to S NOTE: mportant N Rights-Based A aturelles Partagees, un nternational Cooperation nternational Rights-based A EDITOR’ change The current climate covers a wide range of debate issues that will to continue Charnovitzengage and Professor other scholars and lawyers. GW Law has several faculty members, including David Freestone, Lee Paddock, Glicksman, Robert on working and Dinah Shelton, change solutions. ★ climate Shared in Shared atural Resources,” - . Spanogle, “Secured Transactions in Transactions A. Spanogle, “Secured mpact on World Trade and the World World the and Trade World mpact on tmosphere: nteret Commun pour l’humanite,” in Les Commun pour l’humanite,” nteret Peace Movements and Movements Thomas Schoenbaum, Peace Chiba, September 11 (with Shin after Pacifism for Design Grand A ed.) (Edward Elgar 2008); in “Kyosei” Achieving Reconciliation: and Peace ed.) Murakami, Yoichiro (with Asia East I (Edward Elgar 2008); “ Cargo,” Circuit Case on Dangerous Second Law Maritime International of Journal and Crisis Financial 300(2009); “The Global its I Code Commercial Uniform 41 Economy,” 375 (2009). Journal Too: Them, “Remember Schooner, Steven We When Count Contractors Don’t Post Wash. War?” the Costs of Calculate 2009). 25, (May “I Dinah Shelton, on Shared N of Governance (Sharelle Hart, Issues Resources: ed. ) ( IUCN 2009); “ Conservation,”Approach to in Conservation et al.) (IUCN 2009); Greiber (T. with Justice N “Des Ressources I a la des Reponses et le Management: Hommes ed.) (Economica Crise (Michel Kalika, of the 2009); and “Equitable Utilization A Rights and Change?” in Human Climate ed.) Humphreys (Stephen Climate Change 2010). Press University (Cambridge John 279 L. Rev. Jeff. T. Eastern Europe,” 31 (2009). “The European Yukins, R. Christopher Directive: Defense Procurement 51 Gov’t Contractor American Perspective,” (2009). - -

ational Antinomies,” nternational nternational ation Books ijhoff 2010); Representatives to rush to through Representatives its 1,437-page bill without climate any hearings or without providing at least 24 hours for members public to or the of the House I read it before [they] voted. was why it never so understood rush to to urgent for the House 26, when pass the bill on June the Senate many months later still has not even begun consider ation of it. Aggression, Legitimacy 13 ASIL Insight 13 Insight ASIL wards,” 13 A As I Shaping in Shaping dministration” A 23 St. nitiatives by the Executives,” 23 St. nternational Criminal Court,” Criminal 20 nternational The Oceans in The Oceans States” of the United nterests Security I Comm. 987 (2009). J.L. John's (Cesare Romano, ed.) (Cambridge Univer ed.) (Cambridge (Cesare Romano, 2009). sity Press “Executive Self-Con Raven-Hansen, - Peter Other Check on N trols: Madison’s (Sept. 4, 2009). “ Murphy, Sean D. and the I Law (2009); of International European Journal and the I States “The United Coping with Court of Justice: States United The Scales: the and Sword in The 46 Tribunals Courts and and International From Mercenaries to Market: to Market: Mercenaries 2007/2008) and From Military Private of Regulation and Rise and Chia Companies (Simon Chesterman Press Lehnardt, eds.) (Oxford University L. 198 (2009). Int’l J. Am. 2007) in 103 “The Security Matheson, Michael J. I (David Harry and Caron Age in a Nuclear N eds.) (Martinus Scheiber, sion: Damage - Environ 39/1 International Underpinnings,” and Law (2009); “Climate 44 mental Policy 4 Carbon and Change and the Oceans,” 383 (2009). Climate Law Review Gregory E. Maggs, book review of Jeremy The Rise of the Most Blackwater: Scahill’s (N Army Mercenary Powerful “The Bush of The Role of Crisis: Times in Policy Foreign Department Law and the State International (Michael Scharf and Paul Adviser Legal Press University eds.) (Cambridge Williams, 2010); “Eritrea-Ethiopia Claims Commis

eral regimes should be open in the sense that governments that join them will able to be want to They should also be do so. openly transparent in the sense of providing public information notice and, where appropriate, opportunitiesand comment to civil society and business. - said in the article in The Interna it was inappropri- tional Economy, of House for the U.S. ate - nterna ierucci, print V ew Climate ew Climate irginia Bouvier, irginia Bouvier, in ArturoCarrillo, and Justice “Truth, in Reparations The Colombia: and Peace to Path in Reconciliation?” Building Colombia: War of time a in Peace (V States ed.) (United merica’s N America’s All multilat- t was sad that - “Transna 2009); Press for Peace nstitute (2009). Cottrol, “Slavery in Latin J. Robert International Oxford America” in The (Stanley N. Katz of Legal History Encyclopedia 2009). Press et al., eds.) (Oxford University of Principles “Modern David Freestone, The Legal Seas Governance:High Terry Macdonald, Macdonald, eds.) (Edward Elgar 2008); Terry and Power Democracy: Stakeholder Global (Oxford States Liberal Beyond Representation 2008); book review of Press University in Veil The Institutional Brolmann’s Catherine Law: International Public International (Hart Treaties and the Law of Organizations L. 627 Int’l J. Am. Publishing 2007), 103 The International Economy The International Unilateralism,” WTO of (fall 2009); “The Enforcement L. 558 (2009); Int’l J. Yale 34 Judgments,” J. Am. Scholarship on NGOs,” 103 “Recent in NGOs Reviewing L. 777 (2009); Int’l in Flexibility? Efficiency Law: International Dupuy and Luisa (Pierre-Marie tional Mass Claims Processes in I Claims Processes tional Mass I of Berkeley Journal tional Law and Practice,” Palmer) S. Law (with Jason International (forthcoming spring 2010). Charnovitz,Steve “ continued from page 2

viable U.S. climate policy. So if I policy. climate viable U.S. in Congress, I would were such frameworkadvocate legislation. I go to Obama had to President Copenhagen without any frommandate Congress. scrap EDITOR: Should we carbon trading/cap and trade regimes unless they can be truly open regimes? CHARNOVITZ: Printed onrecycled papercontaining30%post-consumerwaste.Printed ew - nterna ntellectual ntellectual cademy of A t 7 th World World th nstitute for I nstitute Washington, DC20052 2000 HStreet, N.W. Comparative Law Program International and nternational nternational Property, Competition, and Tax Tax and Competition, Property, Germany. Munich, Law, Planck I July 11-Augus Oxford University Law- GW in I Summer Program N Rights Law, tional Human College, Oxford. July 25-31 The I the Comparative Law and - American Society of Compara XVIII tive Law Law, Congress held at GW Washington American University and Georgetown College of Law, Law Center University (more information is available at http://www.wcl.american.edu/ events/2010congress/welcome. en.cfm). G30601 : Annual nternational nternational noon ntellectual Property Property ntellectual Y (more (more NY York, ew 28-July 24 l 5, l 13-17 Section of I y 7, noon - 5 pm y 7, ri ri ne nternational and Comparative nternational Munich I Munich Max Law Summer Program, Ap I Law Colloquium. Professor Sloane, Boston D. Robert Law. School of University Ap ABA Grand Law Spring Meeting, N Hyatt, information is available at http:// www.abanet.org/intlaw/ spring2010/). Ma Third Law’s GW Relations Foreign Potomac Professor (Convener: Roundtable Raven-Hansen). Peter Ju - t Be olte, olte, Ambassador Difference?” Difference?” A dviser, U.S. Department U.S. dviser, nternational Law Com- nternational A ugustus DiZeriga Lecture ugustus DiZeriga Lecture A March 29 of the Office Law and the GW Legal the conference, co-host of State “The I What Should I mission: Make Doing to George N Professor of Berlin, University Humboldt will2010 Susan N. present the and luncheon. at the conference include Confirmed speakers David Profes Caron, Professor sor Lori Damrosch, Hon. Hassouna, Hussein Hmoud, Hon. D. Mahmoud Professor Jacobsson, Marie Koh and Harold Donald McRae, Department of U.S. (legal adviser, State). atural Assignments ew Constitu- Washington, D.C. FIRST CLASS U.S. Postage Permit #593 nternational Law nternational PAID epal.” epal to the U.S., will U.S., the epal to

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nternational Law. nternational I GW Law and the Canadian Law and the Canadian GW Council on I Beverley Chief Justice co-host Court of the Supreme McLachlin at the annual meeting of Canada of the conomic Rights and N of Economic March 26, 5 pm speak on “Proposed speak on “Proposed March 4 pm 17, Shanka Sharma, ambassa- Hon. dor of N in the N Resources tion of N Comparative Constitutional Law Constitutional Law Comparative Professor (Convener: Roundtable David Fontana). March 5, noon - 5 pm [ on the agenda ] agenda the [ on

8 international and comparative law perspectives