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Thomas Buergenthal Served As the United States Judge on the International Court of Justice (ICJ) from 2000 to 2010
Thomas Buergenthal served as the United States judge on the International Court of Justice (ICJ) from 2000 to 2010. Between 1979 and 1991, he was a judge and president of the Costa Rica-based Inter-American Court of Human Rights. He was as judge and president of the Administrative Tribunal of the Inter-American Development Bank (1989-94); vice chairman of the Claims Resolution Tribunal for Dormant Accounts in Switzerland. He also was a member of the UN Human Rights Committee; the UN Truth Commission for El Salvador; and the Ethics Commission of the International Olympic Committee. From 1989 – 2000 and again from 2010 – 2016 Buergenthal was the Lobingier Professor of Comparative Law & Jurisprudence, George Washington University Law School. He served as Dean of the Washington College of Law of the American University from 1980-1985. His other academic posts included: Professor of Law, State University of N.Y. (Buffalo) Law School; Fulbright & Jaworski Professor, University of Texas Law School; I.T. Cohen Professor, Emory University Law School. While at Emory, he also served as the Director of the Human Rights Program of the Carter Center. Buergenthal earned the following academic degrees: B.A. (1957), Bethany College, West Virginia; J.D. (1960), New York University Law School (Root- Tilden Scholar); LL.M. (1961) and S.J.D (1968), Harvard Law School. He is the recipient of the following honorary degrees: Bethany College, 1981; University of Heidelberg, 1986; Free University of Brussels (V.U.B), 1994; State University of New York (Buffalo), 2000; American University (Washington, D.C.), 2002; University of Minnesota, 2003; George Washington University, 2004; University of Göttingen, 2007; New York University, 2008; St. -
THE POLISH POLICE Collaboration in the Holocaust
THE POLISH POLICE Collaboration in the Holocaust Jan Grabowski The Polish Police Collaboration in the Holocaust Jan Grabowski INA LEVINE ANNUAL LECTURE NOVEMBER 17, 2016 The assertions, opinions, and conclusions in this occasional paper are those of the author. They do not necessarily reflect those of the United States Holocaust Memorial Museum. First printing, April 2017 Copyright © 2017 by Jan Grabowski THE INA LEVINE ANNUAL LECTURE, endowed by the William S. and Ina Levine Foundation of Phoenix, Arizona, enables the Center to bring a distinguished scholar to the Museum each year to conduct innovative research on the Holocaust and to disseminate this work to the American public. Wrong Memory Codes? The Polish “Blue” Police and Collaboration in the Holocaust In 2016, seventy-one years after the end of World War II, the Polish Ministry of Foreign Affairs disseminated a long list of “wrong memory codes” (błędne kody pamięci), or expressions that “falsify the role of Poland during World War II” and that are to be reported to the nearest Polish diplomat for further action. Sadly—and not by chance—the list elaborated by the enterprising humanists at the Polish Foreign Ministry includes for the most part expressions linked to the Holocaust. On the long list of these “wrong memory codes,” which they aspire to expunge from historical narrative, one finds, among others: “Polish genocide,” “Polish war crimes,” “Polish mass murders,” “Polish internment camps,” “Polish work camps,” and—most important for the purposes of this text—“Polish participation in the Holocaust.” The issue of “wrong memory codes” will from time to time reappear in this study. -
Memorial Minute in Memory of Wechsler
430 • 2000 PROCEEDINGS The Memorial Minute in memory of Herbert Wechsler was read by Chair of the Council Roswell B. Perkins. Herbert Wechsler December 4, 1909 - April 26, 2000 Out of the nine decades of the life of Herbert Wechsler, 46 years were ones of membership in The American Law Institute and 21 years were ones of extraordinary service as the third Director of the Institute. It is unlikely that the magnificence of his contributions to the Institute will ever be surpassed. In his oral interview with Paul Wolkin in 1989, Herb said (and I cannot refrain from calling him Herb in spite of the formality of this biographical memorial): I remember it took quite a lot of courage on my part, after I'd been a Reporter for a couple of years, to ask Judge Goodrich if he'd either propose me or get me proposed as a member. He looked at me with astonishment and said, "You mean you're not a member?" Of course Judge Goodrich, Herb's predecessor as Director, promptly remedied this institutional oversight in the same year, 1954. Herb's choice of a career in service of the law was attributable in part to the fact of his being the son of a lawyer, Samuel Wechsler. Herb was born in New York City, brought up in Manhattan, and entered City College of New York at the age of 15, graduating in 1928 with a degree in French. In a dialogue recorded in the Columbia Oral History Project, conducted between 1978 and 1982, Herb gave us this vignette of his col lege days: I was not only apolitical, but rather anti-political in col lege. -
Why Do Nations Obey International Law?
Review Essay Why Do Nations Obey International Law? The New Sovereignty: Compliance with InternationalRegulatory Agreements. By Abram Chayes" and Antonia Handler Chayes.*" Cambridge: Harvard University Press, 1995. Pp. xii, 404. $49.95. Fairness in International Law and Institutions. By Thomas M. Franck.- Oxford: Clarendon Press, 1995. Pp. 500. $55.00. Harold Hongju Koh Why do nations obey international law? This remains among the most perplexing questions in international relations. Nearly three decades ago, Louis Henkin asserted that "almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time."' Although empirical work since then seems largely to have confirmed this hedged but optimistic description,2 scholars Felix Frankfurter Professor of Law, Emeritus, Harvard Law School ** President, Consensus Building Institute. Murray and Ida Becker Professor of Law; Director. Center for International Studtcs. New York University School of Law. t Gerard C. and Bernice Latrobe Smith Professor of International Law; Director. Orville H, Schell, Jr., Center for International Human Rights, Yale University. Thts Essay sketches arguments to be fleshed out in a forthcoming book, tentatively entitled WHY NATIONS OBEY: A THEORY OF COMPLIANCE WITH INTERNATIONAL LAW. Parts of this Review Essay derive from the 1997 \Vaynflete Lectures. Magdalen College, Oxford University, and a brief book review of the Chayeses volume in 91 Am. J. INT'L L. (forthcoming 1997). 1 am grateful to Glenn Edwards, Jessica Schafer. and Douglas Wolfe for splendid research assistance, and to Bruce Ackerman, Peter Balsam, Geoffrey Brennan. Paul David, Noah Feldman. Roger Hood, Andrew Hurrell, Mark Janis, Paul Kahn, Benedict Kingsbury, Tony Kronran. -
The American Law Institute
University of Pennsylvania Law Review And American Law Register FOUNDED 1852 Published Monthly. November to June. by the University of Pennsylvania Law School, at 34th and Chestnut Streeth, Philadelphia, Pa. VOL. 72. NOVEMBER, 1923. No. I. THE AMERICAN LAW INSTITUTE. The Law: "A few strong instincts and a few plain rules."-WVordsworth. The formation, under the laws of the United States applica- ble to the-District of Columbia, oii February 23, 1923, of a corporation under the name of TiE AMERICAN LAW INSTITUTE, for cducational purposes and specifically "to promote the clarification and simplification of the law and its better adaptation to social needs, to secure the bet- ter administration of justice, and to encourage and carry on scholarly and scientific legal work," marks a definite and important step in a movement which has been under discussion and in progress in England and America for a number of years past. The significance of this particular incorporation is indicated by the fact that it was authorized and directed at a meeting attended by the Chief Justice of the United States and two of the Associate Justices of the United States Supreme Court, by five Judg.s of United States Circuit Courts of Appeals, by Judges of twenty-seven of the highest courts of. States of the American Union, besides the President and mene- 2 UNIVERSITY OF PENNSYLVANIA LAW REVIEW. bers of the Council of the American Bar Association, and rep- resentatives of seventeen State Bar Associations, of thirty-three law schools, of Commissioners on Uniform State Laws from twenty-two States, as well as by two hundred other lawyers from various parts of the Union. -
The Global Dimension of RFRA. Gerald L
University of Minnesota Law School Scholarship Repository Constitutional Commentary 1997 The Global Dimension of RFRA. Gerald L. Neuman Follow this and additional works at: https://scholarship.law.umn.edu/concomm Part of the Law Commons Recommended Citation Neuman, Gerald L., "The Global Dimension of RFRA." (1997). Constitutional Commentary. 375. https://scholarship.law.umn.edu/concomm/375 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Constitutional Commentary collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. THE GLOBAL DIMENSION OF RFRA Gerald L. Neuman* A multi-faceted controversy is currently raging over the con stitutionality of the Religious Freedom Restoration Act of 1993 (RFRA),t the federal legislative response to the Supreme Court's decision in Employment Division v. Smith.z In Smith, the Supreme Court eliminated most constitutional claims to religious exemption from generally applicable laws, abandoning a prior practice of subjecting such claims (verbally at least) to a compel ling interest test. The majority asserted that the Free Exercise Clause does not require state or federal governments to accom modate conscientious objectors to compliance with generally ap plicable laws. Congress, in turn, emphasized that "laws 'neutral' toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise," and acted to "re store the compelling interest test" as a matter of statutory right.3 Congress's authority to enact such a statute, particularly as applied to generally applicable laws of the states, has been dis puted. -
A Lucky Child
Reading Group Guide A LUCKY CHILD A MEMOIR OF SURVIVING AUSCHWITZ AS A YOUNG BOY by THOMAS BUERGENTHAL LLuckyChild_TPtextF1.indduckyChild_TPtextF1.indd 223131 77/31/10/31/10 112:57:482:57:48 AAMM A brief conversation with Thomas Buergenthal You write in your book that you were “lucky” to get into Auschwitz. What did you mean by that? What role did luck play in your sur- vival during the Holocaust? What I meant is that, unlike most people who arrived at Auschwitz, there was no selection at the station. Had there been a selection, children and old or sick people would have been “selected out,” that is, taken to the gas chambers. Hence, I was lucky to have gotten into the camp. Why did you wait so long to tell your story? Would your memoir have been different if you had written it right after the war? I waited so long because I was very busy raising a family, teaching, writing law books, and doing many other important things. Had I written the book right after the war, the book would have dwelt too much on all the cruelties I witnessed and been hate fi lled. In the process, the book would not have focused on the issues I consider important. 2 LLuckyChild_TPtextF1.indduckyChild_TPtextF1.indd 223232 77/31/10/31/10 112:57:482:57:48 AAMM Reading Group Guide What was it like for you when you returned to Auschwitz many years later? Were you surprised by what you found there? What surprised me most of all was that the SS no longer recorded the names of the prisoners who arrived at Auschwitz in late 1943 and in 1944. -
International Court of Justice
INTERNATIONAL COURT OF JUSTICE Peace Palace, Carnegieplein 2, 2517 KJ The Hague, Netherlands Tel.: +31 (0)70 302 2323 Fax: +31 (0)70 364 9928 Website: www.icj-cij.org Press Release Unofficial No. 2010/17 10 June 2010 Judge Thomas Buergenthal will resign as Member of the International Court of Justice with effect from 6 September 2010 THE HAGUE, 10 June 2010. Judge Thomas Buergenthal will resign as Member of the International Court of Justice (ICJ) with effect from 6 September 2010. His term would have expired on 5 February 2015. The United Nations has fixed 9 September 2010 as the date for the election of his successor by the Security Council and the General Assembly. The Member of the Court then elected will complete Judge Buergenthal’s term. Judge Buergenthal has been a Member of the Court since 2 March 2000. After his first term, he was re-elected as from 6 February 2006. Former Judge and President of the Inter-American Court of Human Rights and the Administrative Tribunal of the Inter-American Development Bank, Judge Buergenthal is also a Member of the American Bar Association, the American Society of International Law, the American Law Institute, the Council on Foreign Relations and the German Society of International Law. In addition, he is an associé of the Institut de droit international. Holder of numerous prizes and distinctions, Judge Buergenthal sits on the Editorial Board of various publications. He is the author of many books, essays and articles. ___________ Judge Buergenthal’s official biographical note is available on the Court’s website (www.icj-cij.org) under the heading “Members of the Court/Current Members”. -
MILITANT LIBERALISM and ITS DISCONTENTS: on the DECOLONIAL ORIGINS of ENDLESS WAR a Dissertation Presented to the Faculty Of
MILITANT LIBERALISM AND ITS DISCONTENTS: ON THE DECOLONIAL ORIGINS OF ENDLESS WAR A Dissertation Presented to the Faculty of the Graduate School of Cornell University In Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy by Aaron B Gavin December 2017 © 2017 Aaron B Gavin MILITANT LIBERALISM AND ITS DISCONTENTS: ON THE DECOLONIAL ORIGINS OF ENDLESS WAR Aaron B Gavin, Ph. D. Cornell University 2017 MILITANT LIBERALISM AND ITS DISCONTENTS tells a story about the reinvention of liberalism during the era of decolonization. The dissertation shows how a persistent pattern of militant liberalism came to structure the postwar international order—one where the United States engages in militant action to protect the liberal international order from irredeemable illiberal threats, precisely when its hegemonic influence reaches its limit. While anti-totalitarianism and the war on terror are defining episodes in the development of this pattern, the dissertation argues that it was only liberalism’s encounter with decolonization that made the practice of militant liberalism ideologically coherent and enduring. After shattering the civilizational justifications of nineteenth century liberalism, decolonization provided militant liberals with a unique enemy, the Third World, upon which to distinguish and legitimate their own logic of violence, all while destroying alternative political possibilities arising out of the decolonial process. The dissertation explores these themes through four political thinkers—Isaiah Berlin, Louis Henkin, Frantz Fanon, and Carl Schmitt—and narrates a story about the legitimation of militant liberalism and the eventual rise of its discontents. On the one hand, Berlin and Henkin spoke of Thirdworldism as uniquely threatening: the former arguing that Thirdworldist nationalism often morphed into romantic self-assertion, and the latter claiming that Thirdworldists exploited state sovereignty allowing international terrorism to proliferate unbound. -
Thomas Buergenthal — a Lucky Child by Katie Davis
Thomas Buergenthal — A Lucky Child by Katie Davis Katie Davis: I’m Katie Davis. We know the history of World War II — and still, when someone tells his or her own story, we always learn. Thomas Buergenthal saw the Nazi concentration camps Auschwitz and Sachsenhausen through a child’s eyes. He was separated from his parents in the camps and managed to survive by his wits ... and luck. And that is what he called his first book: A Lucky Child. And Thomas Buergenthal turned his luck into a force for change. Begin with a bicycle and a pony. [AUDIO: OLD MUSIC ON VICTROLA HIT UNDER; MAX BLOCH TENOR SINGS GERMAN WAR SONG] Katie Davis: The boy learns to ride them both — in the dust of the camp, out of sight of the S.S. guard. Later, the Polish army gives him the circus pony and a uniform. It is 1945, and he rides to Berlin with the Polish Army to fight the last German soldiers. [MUSIC (FADES AWAY)] Katie Davis: He was Tommy then. Six years old at first, then 10 and 11, born to German Jewish/Polish parents. And the family was forced into a ghetto, in Kielce, Poland. [NEWSREEL GERMAN/WARSAW GHETTO ** JEWS MUST BE IN JEWISH AREAS.] Katie Davis: The family was forced into a ghetto in Kielce, Poland, and he can remember his father, shaving at the kitchen sink while orders were shouted from the street. Thomas Buergenthal: I observed my father, whose great strength was that you could see that he always thought things out before he did it. -
JD Columbia Law School 1965 AB Columbia College 1962 Bar
BERNARD H. OXMAN Office: Home: School of Law TEL: 305 284 2293 10 Edgewater Drive (9H) University of Miami FAX: 305 284 6619 Coral Gables, FL 33133 Coral Gables, FL 33124-8087 <[email protected]> TEL: 305 443 9550 Education: J.D. Columbia Law School 1965 A.B. Columbia College 1962 Bar Admissions: District of Columbia, New York Employment: University of Miami School of Law, 1977-present Richard A. Hausler Professor of Law, 2008 to present Professor of Law, 1980-present Director, Maritime Law Program, 1997-present University Faculty Senator, 1996-2008; 2009-2017 Associate Dean, 1987-90 Associate Professor, 1977-80 Subjects taught regularly: conflict of laws, international law, law of the sea, torts AJIL: American Journal of International Law Co-Editor in Chief, 2003-2013 International Decisions Editor, 1998-2003 Board of Editors 1986-present Adjudication, Judge ad hoc, International Court of Justice: Arbitration, Black Sea Maritime Delimitation case (Romania v. Ukraine), Review Panel: 2006-2009 Judge ad hoc, International Tribunal for the Law of the Sea: Land Reclamation case (Malaysia v. Singapore), 2003 Bay of Bengal Maritime Delimitation case (Bangladesh v. Myanmar), 2010-2012 Indian Ocean Maritime Delimitation case (Mauritius/Maldives), 2019- Member, Arbitral Tribunal constituted under Annex VII of the UN Convention on the Law of the Sea: Land Reclamation case (Malaysia v. Singapore) (2003-2005) ARA Libertad case (Argentina v. Ghana) (2013) Chair, Review Panel Established under Article 17 and Annex II of the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean Objection of the Russian Federation to CMM 1.01 (2013) Arbitrator, various international commercial arbitrations Counsel for the Philippines in South China Sea arbitration (Phil. -
American Law Institute Library
Includes Restatement tool locator! American Law Institute Library The American Law Institute is the leading independent organization in the United States producing scholarly work to clarify, modernize, and otherwise improve the law. The Institute is made up of lawyers, judges, and law professors of the highest qualifications. It drafts, discusses, revises, and publishes Restatements of the Law, model statutes, and principles of law that enormously influential in the courts and legislatures, as well as in legal scholarship and education. ALI has long been influential internationally and, in ecentr years, more of its work has become international in scope. FEATURING: • Restatements & Principles of the Law • Proceedings of ALI Annual Meetings • ALI-CLE Publications • Uniform Commercial Code • ALI Reporter • Scholarly Articles • ALI Annual Reports • Model Penal Codes • Links to current case law “This is the most prestigious legal group in the United States. The American Law Institute is the leading institution in forming written expression of legal principles that have evolved in many areas of the law.” – Justice Sandra Day O’Connor, ALI Annual Meeting, May 2002 RESTATEMENTS OF THE LAW Includes current Restatements! The Restatements of the Law is one of the most respected and well-used sources of secondary authority, covering nearly every area of common law. We have reordered this subcollection to be listed by category. Each category includes a “More Information” link along with a description of the agency. HeinOnline Categories Include: