Fall 2001

The Institute for Global Legal Studies Takes Its Second Step CONTENTS From the Dean ...... 1 From the Director: The Year in Review...... 2 “Globalization, American Business, and the Implications for Legal Education,” by Keyvan Tabari ...... 4 About Washington University ...... 7 The United Nations and the Protection of Human Rights: Launching the Institute for Global Legal Studies ...... 8 The International Speaker Series...... 10 Upcoming Conference on Constitutional Courts ...... 12 The International Curriculum ...... 14 Joint Degree Programs ...... 14 Student International Activities...... 15 International Student Exchanges and Study Abroad ...... 16 Master of Laws for International Students...... 18 Late-Breaking News ...... 20 The Faculty: Global Activities...... 21 Introducing the International Council...... 32 Your Support ...... 36

The Janite Lee Reading Room at the Washington University School of Law FROM THE DEAN INSTITUTE FOR GLOBAL LEGAL STUDIES We have enjoyed a lively and productive year at the Washington Stephen H. Legomsky, Director Leslie Kerr, Associate Director University School of Law. Several new Linda McClain, Office Manager initiatives have begun to bear fruit. In this brief message I highlight and FACULTY ADVISORY BOARD salute the work of our new Institute for Stuart A. Banner Global Legal Studies. It has become a Amanda Collins (Student major force at the School of Law, at Representative) Clark D. Cunningham the University, and in the St. Louis, John N. Drobak national, and international com- Dorsey D. Ellis, Jr. munities. Joel Seligman, Dean and the Lee Epstein Ethan A. H. Shepley University Professor Frances H. Foster As I have said in the past, the John O. Haley international strengths of this law law school a new level of commitment William C. Jones (Emeritus) school were evident to me well before to global education and research. The Daniel L. Keating (Ex Officio) Leslie Kerr I embarked on the deanship here. November 2000 inaugural colloquium Charles R. McManis The Washington University School on the United Nations and human A. Peter Mutharika rights convened a Stanley L. Paulson stunning array of Leila Nadya Sadat Our new Institute for Global Legal Studies international author- Joel Seligman (Ex Officio) has become a major force at the School of ities in St. Louis to Michele Shoresman Karen L. Tokarz Law, at the University, and in the St. Louis, address what must national, and international communities. surely be regarded as INTERNATIONAL COUNCIL one of the most urgent Hon. John B. Anderson issues of our time. Hon. Louise Arbour of Law has long had one of the Other Institute events of the past year Hon. Jorge Arrate nation’s most impressive programs have similarly served to educate, to Prof. M. Cherif Bassiouni Prof. George A. Bermann of international and comparative law. inform, to contribute to the solutions Prof. Dr. Dr. h.c. Rudolf Bernhardt The levels of student interest and of real problems, and to stimulate. Prof. Paul P. Craig faculty preeminence have always Hon. Francis Mading Deng been striking. Most exciting of all, I know that David W. Detjen what the Institute has accomplished in Prof. Thomas M. Franck The Institute for Global Legal Studies its brief lifetime is only the beginning. Hon. Richard J. Goldstone has only solidified the success of I am honored and delighted to be a Amb. Aída González Martínez Whitney R. Harris our international program. Under part of its early development, and Richard C. Hottelet the leadership of its director, Steve I encourage you to read the rest of Dr. Charlotte Ku Legomsky, the Charles F. Nagel this publication to learn more about Anthony Lewis Professor of International and activities that might interest you. Hon. Prof. Herbert H.P. Ma Comparative Law, and its new Better yet, attend our events if you Prof. Susan F. Martin associate director, Leslie Kerr, can. We would enjoy having you. Rt. Hon. Sir Geoffrey Palmer Prof. Asha Ramgobin the Institute has brought to the Hon. Patricia M. Wald Prof. Ruth Wedgwood Prof. Joseph H. Weiler

1 Institute for Global Legal Studies are FROM THE proud to be part of the vanguard. DIRECTOR: For the Institute, the past year THE YEAR IN has been frenetic but momentous. We completed the building and REVIEW furnishing of our spacious new physical facilities. We also made two By now we have all heard repeatedly important hires. Leslie Kerr, the new how vital it is for modern law associate director of the Institute, schools—and lawyers—to think brings her well-rounded background in global terms. The many reasons in law, journalism, development, and have become familiar. Information, community service. Linda McClain, goods, services, and even people cross Stephen H. Legomsky, Director of the Institute for Global Legal our new office manager, comes to us international boundaries with such Studies and the Charles F. Nagel with many years of experience in breathtaking ease that few of today’s Professor of International and corporate executive assistant positions. law students can isolate themselves Comparative Law We have also expanded our internal from foreign and international issues faculty advisory board to include 19 and expect to become top-notch service, and external relations. Our colleagues. lawyers or policymakers. In his new Institute for Global Legal Studies thoughtful article on pages 4–6, has formalized and enhanced this This was also the year in which we international lawyer Keyvan Tabari commitment. assembled our International Council. examines why this is especially so This external advisory board currently So we like to think that the in the commercial context. consists of 23 distinguished individuals Washington University School of Law The Washington University School can now legitimately boast of having of Law is proud of its long-standing one of the finest international law Internationalism is alive and well commitment to global legal education. programs in the nation. This is a in the American Midwest. Intellectually vibrant faculty and culturally significant statement. For too many who have graciously volunteered to years, the We like to think that the Washington University share their expertise. They come from premier School of Law can now legitimately every continent except Antarctica (so Midwest law far!). They are statesmen, scholars, boast of having one of the finest international schools—with diplomats, judges, lawyers, and other law programs in the nation. only a few accomplished men and women exceptions— whose advice and guidance will prove students work together here in search lagged somewhat behind their East indispensable. The members of the of innovative global solutions to real- Coast and West Coast counterparts in International Council are profiled on life problems. Our international focus the field of international legal pages 32–35. As you will see, they is reflected in our student recruitment, education. Today, however, the same make a stunning group. teaching strategies, curriculum, technologies, economic trends, and extracurricular student activities, social and cultural patterns that have In November 2000, the Institute held international student exchange brought the world’s nations ever closer its first major event: an inaugural programs, career services, advising, have also diminished the regional colloquium, “The United Nations and faculty appointments, scholarly differentials among the 50 states of the the Protection of Human Rights.” research and other professional United States. Internationalism is alive Participants included John B. projects, conferences, speaker series, and well in the American Midwest. Anderson, Professor M. Cherif public interest programs, community Washington University and its Bassiouni, Dr. Francis Mading Deng,

2 Ms. Erika Elizabeth Feller, Professor L. Paulson and Lee Epstein. They have We have begun discussions with the Thomas M. Franck, Justice Richard confirmed the participation of more St. Louis Chapter of the American Red than 30 superb scholars from various Cross about a program in which the countries, including Professors Ronald The more we do, the more ideas Red Cross would train Washington Dworkin, Jürgen Habermas, Gerald University law students to teach we discover for future projects. Stourzh, Nobel Laureate Douglass area high school students about North, Kim Scheppele, Robert Alexy, international humanitarian law. J. Goldstone, Ambassador Aída and Frank Michelman. The details We also advised and assisted our González Martínez, Mr. Whitney appear on pages 12–13. law students in the creation of a new, R. Harris, Mr. Richard C. Hottelet, student-edited Global Studies Law Review, Judge Patricia M. Wald, and Professor Several other events are also being which has now begun operating. Ruth Wedgwood. The papers have planned. We expect soon to announce And we have greatly expanded our been published as volume 5 of the detailed plans for a one-day confer- Web site and upgraded our com- Washington University Journal of Law ence on the International Criminal munications in the hope that our and Policy. The papers and a video Court, a debate series on international work will be of benefit to increasing webcast of the conference are also issues, and a number of individual numbers of students and others. available on the Institute Web site. For details, please see the separate The more we do, Beginning with the fall semester of 2001, there article on the United Nations the more ideas colloquium (pages 8–9). will be a cradle-to-grave advising program for we discover for prospective, current, and former students future projects. In addition to the inaugural of the Washington University School of Law We shall con- colloquium, we have been fortunate who have interests in foreign, tinue to grow as to attract a stream of interesting comparative, or international law or policy. resources permit. and accomplished speakers. During Our friends have the Institute’s two-year existence, been good to us, some 28 individuals (or delegations presenters. We are also working on an and we hope that our work proves of speakers from Turkey, India, China, International Salon Series, in which worthy of their generosity. In the and Europe) have given presentations law school faculty and other experts meantime, if you find yourself in the to students, faculty, or both on sub- will lead discussions in the homes of vicinity of Washington University, jects of international or foreign law gracious volunteer hosts. please stop by for a specific event or or policy. Almost all these events are just to say hello. We always enjoy open to the public. The speaker series Apart from specific events, the showing off our new digs and would is described in more detail on pages Institute this past year has laid the also love to explore ways in which you 10–11. (Let us know if you would like groundwork for a number of ongoing might participate in the life of our to receive e-mail notices of upcoming student-oriented activities. Beginning vibrant and rapidly evolving Institute. events.) with the fall semester of 2001, there will be a cradle-to-grave advising program for prospective, current, Our friends have been good to us, and former students of the and we hope that our work proves Washington University School of worthy of their generosity. Law who have interests in foreign, comparative, or international law During this past year, planning or policy. This program will offer continued for the November 1–3, counseling on course selection, 2001, conference on constitutional extracurricular activities, post-law courts, co-organized by two of our school study programs, career distinguished faculty members, Stanley opportunities, and job placement. Leslie Kerr Linda McClain

3 disputes. While occasionally ad hoc GLOBALIZATION, tribunals are established by interested AMERICAN governments to resolve isolated economic disputes between their BUSINESS, AND nationals, the common alternative for settling international claims is THE IMPLICATIONS arbitration pursuant to agreement FOR LEGAL of the parties. Furthermore, no international agency exists to enforce EDUCATION the arbitrators’ awards; the prevailing by Keyvan Tabari party has to rely on the enforcement machinery of the country where the ©Keyvan Tabari 2001 Keyvan Tabari losing side’s assets are located. Finally, The information contained in this article may often there is no international law not be published, broadcast, rewritten, or jobs, goods may be produced any- for the arbitrators to apply. Instead, otherwise distributed without the prior written where, and all markets have become they frequently must refer to the authority of Keyvan Tabari. accessible to entrepreneurs. domestic laws of the country INTRODUCTION These new opportunities pose serious designated by the parties. The importance of international threats to the existing economic order. The customs and usages that gradually commerce for American business Particularly, the fear that the expan- emerge from commercial transactions cannot be exaggerated. It has sion of international commerce generate the international legal norms. generated nearly one-third of the may cause extensive job losses in However, without a system of new jobs in the recent business cycle; international courts to embody exports have been crucial in the International commercial negotiations these norms in their rulings, growth of countless industries; and the are inherently complicated. The process they do not receive the force low cost of imports has been a major becomes even more complex when the and mandate of precedents. factor in controlling inflation. The parties manifest dissimilar expectations There is another way for promotion of international commerce rooted in different cultural values. establishing binding legal rules: is also a primary security strategy legislation by international in the post-Cold War era, as global conventions. The United interdependence in pursuit of pros- the traditional sectors of American Nations and other intergovernmental perity is perceived to be the best economy has given rise to a politically organizations originate the drafts of insurance against violent conflicts. charged debate about its merits. To control the impact of international these conventions. But these drafts are rarely enacted into multinational Two recent historic developments have business, many proposals have been legislation. While some noteworthy altered the character of international made to regulate it. international conventions have finally commerce, while making its expansion been concluded—among them the possible. First, the collapse of the International commerce is, of course, conventions on contracts for the in- Soviet Union and the embracing of already managed within the framework ternational sale of goods; on several capitalistic economics by China have of a legal order. But the rules of this procedural aspects of civil litigation, removed from the path of free order are different from those of a such as the limitation period, service, enterprise the restraining ideology domestic (national) legal system. and discovery; and on enforcement of of wealth redistribution. Second, Understanding these different rules arbitration awards—they are few in the leaping advances in technology is necessary for success in international number and govern only the nationals have integrated markets and labor business. of the states that adhere to them. forces of distant lands. Now, to an unprecedented degree, international INTERNATIONAL LEGAL ORDER International rule-making is, therefore, capital flows in all directions, skilled To begin with, the international legal left largely to private contracts be- human resources move freely to fill system lacks courts for adjudicating

4 tween parties to international INTERNATIONAL AGREEMENTS can be difficult. In order for the parties transactions. National governments, Because of these considerations, to express their intent unmistakably, however, impose limits to their international commercial negotiations a shared language is essential. English freedom of contract. For example, a are inherently complicated. The may well have become the lingua nation may decree export restrictions process becomes even more complex franca of global commerce, but often to prevent its citizens from selling when the parties manifest dissimilar it is not the native tongue of one or products or services to another expectations rooted in different more of the parties to the negotiations. country. Such intrusions by national cultural values. For instance, in In such circumstances, the same word governments could also be made negotiating a contract an American could have different connotations for retroactive, as in the case of currency would ordinarily be more interested various parties, allowing for potentially controls that block the expatriation in limiting his exposure, while his conflicting interpretations. The of the profits of foreign businesses. foreign counterpart might focus on awkward language sometimes found More drastically, a hostile new regime enlarging the scope of his authority; in international agreements and may choose to expropriate the assets the American would aim conventions is symptomatic of this at direct expression of his problem and the unsatisfactory Now, to an unprecedented degree, goals, while his attempts to deal with it. international capital flows in all directions, counterpart might prefer skilled human resources move freely to circumspection; the Nonverbal communications are equally important in international negotia- fill jobs, goods may be produced American would seek pragmatic solutions to the tions. They, too, are rooted in the anywhere, and all markets have become diverse cultural backgrounds of the accessible to entrepreneurs. problems, while his counterpart might insist parties. What is an innocuous pause on logical consistency; for one party in response to a proposal of a foreign business. Expropriation and the American would want clarity during the negotiations could appear has even been carried out without in the projected plans of action, while portentous to another, and thus a fair compensation. Assessing the his counterpart might desire the adversely affect the negotiations. likelihood and the extent of these flexibility of nuanced vagueness. These political risks is part of the due objectives, observed in dealing with Disparate cultures also produce diligence required for any inter- different nationalities, might well be distinct styles of negotiations. Some national venture. compatible, but their synthesis emphasize bargaining for every requires understanding and finesse. transaction, while others aim at long- Just as these risks are posed by the term relationships. Some require intrusive role of the nation-states in In crafting an international agreement, decision-making by consensus, while international trade, sometimes national even the basic task of communication in other cultures one person makes the governments render protection against them. Thus, government (or quasi- government) agencies, such as export–import banks and export development corporations, aim at insuring their nationals against certain risks of international commerce. Similarly, through trade agreements, governments attempt to remove the barriers to foreign markets facing their nationals. The beneficial prospects of such favorable interventions by the national governments must be taken into account in any international business plan. German Marshall Fund visitors

5 significant decisions. A practice that agreement: formation, administration, CONCLUSION is acceptable in some cultures might and the resolution of disputes. Ameri- The increasing involvement of appear unethical in other cultures. can attorneys are generally equipped American business in international All of these differences must be by aptitude, training, and experience commerce is both unavoidable and fully taken into account for the to perform the essential legal tasks desirable. A more developed inter- international negotiations to of assessing the potential risks and national legal system would encourage reach fruition. articulating the client’s message clearly commerce by enhancing the needed and persuasively. Their service in stability and predictability. National The ultimate test of a successfully international commerce will be even governments should help by agreeing to multinational conventions that are negotiated contract comes during more productive if they meet certain beneficial and fair to all and by fore- its implementation. The smooth special qualifications. going restrictive unilateral regulations. administration of international The success of private international agreements depends on the parties’ First, they should have adequate contracts hinges on understanding the training in public and private differences between the parties that Nonverbal communications are equally international law, and are often due to cultural factors. In international relations, as important in international negotiations. negotiating, and in administering well as in the relevant major these contracts, as well as in resolving legal systems of the world. international commercial disputes, continuing sensitivity to and respect Second, they should develop the American business could benefit for differences between them, aptitude for sensitivity to cultural greatly from the counsel of lawyers especially in management styles. The differences in order to accommodate with the proper aptitude, training, need for local “know-how” frequently them in pursuit of their client’s and experience in international law. dictates entering into joint ventures objectives. Third, they should act with partners from the country where more as facilitators than as advocates, the agreement is to be performed. since the international legal context Partnership relationships are always is not adversarial. Fourth, they should complex, and the international assume a lower profile, because their Keyvan Tabari is an international association of strangers with different clients’ international business partners lawyer. He has represented clients ways of doing things accentuates often perceive the customary active from many countries over the last 27 years. A member of the California Bar, this fact by adding a complicating role of an American attorney as too Mr. Tabari practices in San Francisco, dimension. Furthermore, the joint aggressive and threatening. Fifth, they where he is of counsel to Chandler, ventures must comply with local laws, should be general counselors more Wood, Harrington & Maffly LLP. Mr. Tabari holds a PhD in international which present yet another aspect of than narrow specialists, as their clients’ law from Columbia University, an MA the distinct legal context of success usually rests not on prevailing in international relations from international commerce. in any specific issue, but on a systemic Columbia University, a JD from treatment of many factors. Sixth, Washington University (where he was While a businessperson engaged in an editor of the Washington University they should learn to work with other Law Quarterly), and a BA from Duke international commerce should have indispensable aides and advisers to University. He has served as a judge a grasp of the principles of applicable their clients, including interpreters, pro tem at the California Superior local laws, compliance with them international relations experts, country Court and as a judge of the Philip Jessup International Law Moot Court. may require the services of local specialists, social scientists, and local He has lectured on law and culture, as counsel. Selecting local counsel counsel. Seventh, they should gain well as on international law, at various and maintaining liaison with counsel experience in distinct areas specific universities. Mr. Tabari is a member of the board of directors of Roots of are best done with the help of the to international commerce, such as Peace and is on the advisory council of business’s principal attorney. export control, currency exchange the Toda Institute. If you wish to regulations, international dispute contact the author directly, send an e-mail to [email protected]; call NTERNATIONAL AWYERS resolution, international taxation, I L 415-421-9670; fax 415-986-4874; or The lawyer’s contribution is pivotal payment of international debts, and send a letter to One Maritime Plaza, in all three phases of any international international financing. 4th Floor, San Francisco, CA 94111.

6 University. Of those, nine did the ■ With the 7th-largest endowment of ABOUT major portion of their pioneering all private universities in the United WASHINGTON research here. States, Washington University has been able to support an assortment ■ UNIVERSITY 4 Washington University faculty of ambitious educational and members have been awarded research initiatives. The School of Law and the Institute MacArthur fellowships. for Global Legal Studies benefit ■ Washington University’s overall ■ immensely from being part of one of 2 faculty members received the undergraduate programs currently the world’s great research universities. National Book Award, and 3 rank 15th in the nation. The Founded in 1853, Washington received the National Book Critics George Warren Brown School University has a long tradition of Circle Award. of Social Work in recent years excellence in both education and has been ranked 2nd. The School ■ 3 poets laureate and 7 Pulitzer research and a commitment to making of Medicine is consistently ranked Prize winners have been associated a difference in the world. in the nation’s top 5, as are several with Washington University. of its departments. Washington University is a medium- ■ 11 faculty members have received This record of innovation and success sized university. Its approximately the National Medal of Science. 12,000 students come from all 50 makes the other departments of states in the United States and from ■ 27 current faculty members have Washington University valuable more than 90 countries. Eighty-seven been elected to the National partners with the School of Law and percent come from out of state. Academy of Sciences, and 23 other the Institute for Global Legal Studies. current faculty have been elected We collaborate on teaching, research, A few facts and figures paint a picture to the Institute of Medicine of the conferences, and other projects, to the of extraordinary contribution to National Academy of Sciences. benefit of our students and the human knowledge: community. ■ 22 current faculty members have ■ 21 Nobel Laureates have been been elected to the American associated with Washington Academy of Arts and Sciences.

Washington University’s Hilltop Campus

7 THE UNITED NATIONS AND THE PROTECTION OF HUMAN RIGHTS Launching the Institute for Global Legal Studies On November 17–18, 2000, the Institute for Global Legal Studies officially opened its doors. Our inaugural event, open to the public, was a colloquium entitled “The United Nations and the Protection of Human Rights.” Cutting the ribbon: The Institute for Global Legal Studies officially opens its doors. One would be hard pressed to find a more suitable inaugural topic. International Criminal Tribunal for ■ Ambassador Aída González More than any other organization, the Former Yugoslavia Comes of Age: Martínez of Mexico chairs the the United Nations simultaneously New Law and Old Rights.” Committee for the Elimination embodies the dreams and the failures of Discrimination against Women, of the world’s collective efforts in Judge Wald’s speech was followed by established by the Women’s Con- pursuit of peace, prosperity, and those of several other luminaries: vention. Her speech (delivered justice. And perhaps more than any in her absence) was entitled ■ other subject, human rights law raises Justice Richard Goldstone, now “Human Rights of Women.” fundamental questions about the a member of the Constitutional ■ respective roles of the individual, Court of South Africa, was the Mr. John Anderson, formerly a the state, and the international com- first chief prosecutor of the United member of the U.S. Congress and munity in shaping a rule-ordered world Nations International Criminal in 1980 an independent candidate that protects and advances the dignity Tribunals for the former Yugoslavia for president of the United States, of the human spirit. and Rwanda. He spoke on “The is now the president and chief Role of the United Nations in the executive officer of the World The opening keynote speaker was Prosecution of International War Federalist Association. He spoke Judge Patricia Wald, formerly chief Criminals.” Justice Goldstone was on “Global Governments and judge of the United States Court of introduced by Mr. Whitney Harris, Democratization.” Appeals for the D.C. Circuit and now a member of the prosecuting team a judge on the International Criminal at Nuremberg and the author Tribunal for the former Yugoslavia. of Tyranny on Trial, a leading The title of her address was “The account of the Nuremberg trial.

■ Dr. Francis Deng, formerly the Sudanese ambassador to the United States, is now the United Nations Secretary General’s special representative for internally displaced persons. His topic was “The Global Challenge of Internal Displacement.” Francis Mading Deng and Whitney R. Harris Patricia M. Wald and M. Cherif Bassiouni

8 ■ Mr. Richard C. Hottelet was a CBS DePaul. His topic was “Appraising foreign correspondent in Edward R. U.N. Justice-Related Fact-Finding Murrow’s bureau and is a longtime Missions.” expert on the United Nations. ■ Mr. Hottelet’s paper (delivered Thomas M. Franck is the Murry in his absence), entitled “Ups and and Ida Becker Professor of Law Downs in U.N. History,” provided and director of the Center for historical vignettes on great mo- International Studies at New York ments and crises in the life of the University School of Law. An United Nations. eminent and prolific scholar and A. Peter Mutharika and P.P. Craig More than any other organization, the United Nations simultaneously may be purchased for $10. For details embodies the dreams and the failures of the world’s collective on how to obtain it, please contact efforts in pursuit of peace, prosperity, and justice. Ms. Teri Dent, administrative And perhaps more than any other subject, human rights law raises coordinator of the Journal, at fundamental questions about the respective roles of the individual, Washington University School of Law, the state, and the international community in shaping a rule-ordered One Brookings Drive, Campus Box world that protects and advances the dignity of the human spirit. 1120, St. Louis, MO 63130-4899 USA (telephone: 314-935-6498, fax: 314-935-6493, e-mail: ■ Ms. Erika Feller directs the the recently retired president of the [email protected]). Department of International American Society of International Protection of the Office of Law, Professor Franck gave a paper The conference was also video the United Nations High Com- entitled “When, If Ever, May States webcast. You can see and hear any missioner for Refugees, based Deploy Military Force Without or all of the speakers by visiting the in Geneva. She spoke on “The Prior Security Council Institute Web site at http://law.wustl. Evolution of the International Authorization?” edu/igls/index.html. (Click on “Grand Refugee Protection Regime.” Inaugural Colloquium” and then “View ■ Professor Ruth Wedgwood is the Conference.”) You can also access ■ Professor M. Cherif Bassiouni a professor of law at Yale Law all of the written papers from the same of DePaul University College School, a senior fellow for inter- Web site. (Click on “View the of Law was nominated in 1999 national organizations and law at conference papers.”) for the Nobel Peace Prize. A the Council on Foreign Relations, distinguished diplomat, Professor and director of research for the The Institute is grateful to Steven Bassiouni is the father of the American Society of International Cash Nickerson, Class of 1985, International Criminal Court, Law. A highly distinguished scholar chairman and chief executive officer the former head of the U.N. fact- who has also played key roles in of Team Mucho, finding mission numerous diplomatic negotiations, Inc., and to in Sarajevo, and Professor Wedgwood spoke on Evelyn Thomas director of the “United Nations Peacekeeping Nickerson. International Operations and the Use of Force.” Their generous Human Rights gift made the All the conference papers have Law Institute at conference and been published as volume 5 of the book possible. Washington University Journal of Law and Policy. The hardbound volume

Erika Feller Ruth Wedgwood

9 THE GROUP VISITS INTERNATIONAL Delegation of 12 law deans and professors from Turkey Delegation of 6 German Marshall Fund fellows from 6 European countries SPEAKER Delegation of 4 Legislative Affairs officials from the People’s Republic of SERIES China* Delegation of 3 scholars from the Indian Law Society Law College In its first two academic years (1999–2001) the Institute for Global Legal Studies has placed a high INDIVIDUAL SPEAKERS priority on bringing stimulating and Jorge Arrate, Ambassador of Chile to Argentina accomplished speakers to the School Michael Byers, Associate Professor of Law, Duke University of Law. In addition to those who Giselle Byrnes, Lecturer in History, Victoria University of Wellington, participated in the inaugural New Zealand colloquium on the United Nations Vojtech Cepl, Constitutional Court of the Czech Republic and the Protection of Human Rights Roger Clark, Professor of Law, Rutgers University* (see pages 8–9 ), the following guests Caremela Conroy, United States Department of State* all enhanced the international vibrancy of the School of Law during this time Margaret Dagen, Civil Rights Pioneer period. Achilleas Demetriades, Human Rights Attorney from Cyprus David Detjen, International Lawyer with Walter, Conston, Alexander & Green, New York* Richard Dicker, Associate Counsel for Human Rights Watch* Thomas M. Franck, Murry and Ida Becker Professor of Law, New York University If you would like to receive Ronald Glossop, Vice President, World Federalist Association e-mail notices of upcoming Whitney R. Harris, Trial Counsel for the International Military Tribunal at speakers, please e-mail your Nuremberg (1945) full name and contact Anthony Lewis, Syndicated Columnist, New York Times information to Linda McClain Larry Liu, Representative of the Falun Gong at [email protected]. Mary Kay Magistad, China Correspondent for National Public Radio Susan Martin, Executive Director, Institute for the Study of International Migration, Georgetown University Peter Mirfield, Tutor and Fellow in Law, Jesus College, University of Oxford Kevin O’Malley, American Bar Association’s Central and East European Law Initiative* Jean Koh Peters, Clinical Professor of Law, Yale University* Asha Ramgobin, President, Legal Aid Organizations of South Africa* Paul Saulski, Fellow, Taiwan Ministry of Education* Eric Stein, Professor Emeritus, University of Michigan Victoria Thomas, Barrister, United Kingdom*

* Speaker sponsored by a unit of the Washington University School of Law other than the Institute for Global Legal Studies

10 Ambassador Jorge Arrate Anthony Lewis

Margaret Dagen

Whitney Harris (right)

Thomas M. Franck

Susan Martin

Larry Liu Achilleas Demetriades

11 on which future researchers will be UPCOMING able to build. ONFERENCE ON C While the patterns are not absolute, CONSTITUTIONAL Professors Paulson and Epstein generally characterize the American COURTS system of constitutional review as more diffuse than the centralized Few ingredients have been as crucial European model, where typically only to the success of the world’s emerging one national court is empowered to democracies—or, for that matter, the decide constitutional questions. They established democracies—as faith in also depict the powers of American the rule of law. In turn, few institutions judges as ex post, concrete, and have been as essential to maintaining confined to real cases or controversies. that faith as a free and independent Many of the European constitutional judiciary. courts, in contrast, may adjudicate disputes in advance and even in the The presence or absence of consti- Stanley L. Paulson, the William Gardiner Hammond Professor of Law and Professor absence of real cases or controversies. tutional courts, and the attributes of Philosophy in Arts & Sciences The impact of these and other of these courts, have been among the variables is one of the many questions key variables in the design of a judicial Political Science in Arts & Sciences. to be explored during the conference. system. Nonetheless, as constitutional Formerly chair of the Department courts scholars Stanley L. Paulson and of Political Science, she is a highly Professors Paulson and Epstein have Lee Epstein observe, there has been respected social scientist with a special divided the conference into three relatively little comparative scholar- interest in courts generally and segments. The first segment will ship on constitutional courts. This gap constitutional courts in particular. consider the historical development is especially surprising, they point out, and diffusion of the centralized when the increasingly marginal role European constitutional court of the Supreme Court of the United The presence or absence model. It will begin with States in American life is contrasted of constitutional courts, and the Austria, where the model with the increasingly activist roles of attributes of these courts, have first took root, and then the European constitutional courts. been among the key variables in examine the spread of Signs of change are in the wind, but the design of a judicial system. centralized constitutional courts serious comparative scholarship on to Germany, to post-war constitutional courts is still embryonic. western Europe, and, finally, to Together, they are organizing the first the post-Soviet republics. The second Stanley L. Paulson, a distinguished in a series of major international segment will take up questions of authority on European legal philos- conferences of the Institute for Global institutional design. Here the con- ophy generally and Hans Kelsen in Legal Studies. Entitled “Constitutional ference will explore such issues as particular, holds a joint appointment Courts,” the conference will be held at the methods for selection and tenure at Washington University as the the Washington University School of of constitutional court justices, William Gardiner Hammond Professor Law on November 1–3, 2001. They standing requirements for litigants, of Law and professor of philosophy in have assembled some of the world’s jurisdiction, the timing of judicial Arts & Sciences. Lee Epstein also holds most eminent legal scholars and social review, justiciability and advisory a joint appointment, as a professor of scientists to share information, opinions, and the availability of law and the Edward Mallinckrodt exchange ideas, prepare and present ex ante review. The third and final Distinguished University Professor of papers, and ultimately produce a book

12 segment will be a juridico– ■ Douglass C. North, the Spencer T. The conference papers will be philosophical discussion of the Olin Professor in Arts & Sciences at published as a book co-edited by compatibility of constitutional Washington University in St. Louis. Professor Epstein and Professor review with democratic principles. A Nobel laureate, he is an econ- Scheppele. The conference will also omist best known for his work be video webcast, and the papers made The conveners have assembled a on institutions. available on the Institute’s Web site. stunning array of participants, including the following: ■ Kim Lane Scheppele, professor For continuing updates, of law and sociology at the Uni- please visit our Web site at ■ Robert Alexy, University of versity of Pennsylvania. Professor http://law.wustl.edu/igls/index.html, Kiel, Germany’s leading legal Scheppele has co-directed the and click on “Constitutional Courts philosopher. Program on Gender and Culture Conference.” at Central European University ■ Ronald Dworkin, author of Taking Budapest. She is one of the world’s Rights Seriously (1977), A Matter of leading authorities on centralized Principle (1985), Law’s Empire (1986), constitutional review in central and and other major works in jurispru- eastern Europe. dence. Formerly the professor of jurisprudence at Oxford University, ■ Michael Stolleis, director of the Professor Dworkin is the Quain Max Planck Institute for Legal Professor of Jurisprudence at the History in Frankfurt. He is the University of London, as well as leading historian of public law in professor of law and professor of Germany and the author of a philosophy at New York University. monumental three-volume work on the history of German public ■ Jürgen Habermas of Germany, one law (Geschichte des öffentlichen Rechts of the world’s leading social and in Deutschland). political philosophers. ■ Gerald Stourzh of the University ■ Gretchen Helmke of the University of Vienna. The doyen of Austrian of Rochester. She has conducted legal history, he is internationally Lee Epstein, the Edward Mallinckrodt research on the “insecure tenure” known for his work on the devel- Distinguished University Professor of of Latin American jurists. Political Science in Arts & Sciences opment of constitutional review and Professor of Law in Europe. ■ Frank I. Michelman, the Robert Walmsley University Professor The conference goal is to combine at Harvard Law School. pathbreaking research with direct educational benefits for our students. ■ Walter Murphy, the McCormack Thus, in the fall of 2001, Professor Professor of Jurisprudence Emeritus Epstein will teach a semester-long at Princeton University. Professor seminar entitled “Constitutional Murphy is widely regarded as one Courts.” It will track the subject matter of the world’s leading authorities of the conference and enable students on comparative law and judicial to study the subject in depth, both processes. before and after hearing and inter- acting with the most exciting and innovative figures in the field.

13 to interdisciplinary study and the Library at Washington University THE plethora of resources available on holds 120,000 volumes and provides INTERNATIONAL campus. The typical model is a four- extensive online services. Students year course of study that culminates enjoy a stimulating array of interesting CURRICULUM in a JD degree and a master’s degree, speakers and other extracurricular with several cross-listed courses that activities that enrich their Below are the international, foreign, provide credits toward the two degrees understanding of East Asian language, and comparative law courses offered simultaneously. Students can obtain culture, and politics. For more by the Washington University School both degrees in considerably less time information, visit the School of Law’s of Law during the current and imme- than it would take to pursue the two Web site at http://law.wustl.edu, and diately preceding academic years degrees sequentially. click on “Joint Degrees” and “East (2000–02). (The letter “S” in paren- Asian Studies.” Or visit the Web site theses indicates that the course is a Two of these joint programs have of East Asian Studies at http://www. seminar.) special relevance here because they artsci.wustl.edu/~eas/. Or send e-mail hold particular interest for students to [email protected]. Chinese Law (S) contemplating international careers Comparative Law: Europe, Latin in private practice, public practice, The joint JD/MA program in law and America, and East Asia diplomacy, or academia. European studies is another attractive Constitutional Courts (S) option. The program is co-directed Global Studies Law Review Particularly ambitious and well by Leila Nadya Sadat, professor of Immigrants, Citizens, and Human established is the joint JD/MA pro- law (see her biography in the faculty Rights (S) gram in law and East Asian studies. section), and by Paul Michael Lützeler, Immigration Law This program links law students to an the Rosa May Distinguished Uni- International and Comparative exceptional program in East Asian Competition Law (S) versity Professor in the Humanities International and Comparative studies, in which more than 40 faculty in Arts & Sciences. Professor Lützeler, Products Liability Law members have expertise in Chinese, who is a member of the German International Criminal Law Academy of Sciences International Criminal Law Case and Letters, specializes Studies (S) All the joint degree programs reflect in the literatures and International Human Rights Law the priority that the School of Law cultures of the German- International Intellectual Property Law (S) and Washington University assign speaking world. International Investment Law (S) to interdisciplinary study and the plethora International Law of resources available on campus. In addition to these International Moot Court (Jessup formally structured Competition) programs, students often International Organizations Japanese, and Korean social sciences, design their own joint degrees, International Tax humanities, and languages. Faculty combining a JD with a master’s degree Japanese Law members at the School of Law have in another field of interest. Two recent Socialist Law in Transition (S) expertise in the legal systems of China, students, for example, have decided to Transnational Litigation Japan, and Korea, as well as more pursue joint JD/MA degrees in law and United States Constitution and Foreign Affairs general expertise in international law in Jewish, Islamic, and Near Eastern and comparative law. With the studies. addition of John Haley, the Wiley B. JOINT DEGREE PROGRAMS Rutledge Professor of Law and the For more information on any The School of Law offers several preeminent American authority on of our joint JD/MA programs, joint degree programs, coordinated by Japanese law (see his biography in the e-mail Dean Shoresman at Dean Michele Shoresman. All of them faculty section), the program in law [email protected]. reflect the priority that the School of and East Asian studies is poised for Law and Washington University assign further advances. The East Asian

14 Washington University hosted the The new student journal is called STUDENT Midwest regional competition. To the Global Studies Law Review. Its avoid any potential conflict of first editor-in-chief, Michael Corey INTERNATIONAL interest, the team elected to compete Christman, leads a talented and ACTIVITIES outside the Midwest region and travel enthusiastic editorial board. The to the Southeast Region. There it faculty adviser is John O. Haley, Students at the Washington University once again emerged as the regional the Wiley B. Rutledge Professor of School of Law engage actively in the champion. In the international round, Law. Professor Haley’s prominence international life of the school and the the team finished 3rd among 132 U.S. in Japanese law and comparative law community. Apart from enrollment in teams and 13th among the more than is described in the faculty section of international courses and collaboration 300 teams in the world, again winning this publication. The new journal in major conferences, students serve several individual awards. In 2001, will recruit, select, edit, and publish on the faculty advisory board of the the Washington University team articles, essays, and book reviews Institute and run a number of won its third consecutive regional from internationally recognized extracurricular organizations. championship and finished 7th overall scholars. It accepts solicited and out of more than 300 teams in the unsolicited manuscripts from all over Washington University’s Jessup international round. The 2001–02 the world. Volume 1 of the Global International Moot Court team team captain is Joel Richardson. Studies Law Review will be published has especially thrived during the in March 2002. past several years. Thanks are due The School of Law also has an to a combination of talented and energetic International Law Society The Asian American Law Students motivated students and the commit- (ILS). This year’s president and vice Association (AALSA) provides a com- ment of Professor Leila Nadya Sadat president are Amanda Collins and munity for Asian and Asian-American and the 2000–01 coaches, Gilbert Maura Yusof, respectively. The students within the School of Law and Sison and Andrew Ruben. All have students invite interesting speakers, a bridge to Asian attorneys. Students devoted countless hours to coaching disseminate information to the law in the international LLM program the team to some stunning successes. school community about international often join AALSA, thus generating law and international projects, and additional opportunities for Asian- In 1999, the Washington University explore other internationally related American students to make personally team won its Midwest regional com- projects of interest to students. An meaningful and professionally valuable petition and finished 8th among U.S. ILS officer (this year, Jay Cohen) also contacts with current and future Asian teams and 31st in the world. It also serves as liaison to the international attorneys. AALSA also hosts Asian produced the second-best applicant’s LLM program. For several years a cultural events and provides mentoring memorial (appellant’s brief) in the continuing committee of the ILS for Asian and Asian-American stu- world and the 4th-best respondent’s worked hard on a proposal to start a dents. AALSA currently has members memorial in the world. In 2000, new student international law journal from China, Japan, Korea, Taiwan, at Washington India, Pakistan, the Philippines, University. Last Thailand, and Vietnam (as well as year the proposal from non-Asian countries). This obtained final year’s president is Amy Choi. faculty and As this publication goes to press, the administration Institute has been discussing with the approval. St. Louis Chapter of the American Red Cross a project in which Red Cross experts train volunteer law students to teach international humanitarian law to area high school students. Executive Board meeting of the International Law Society (Amanda Collins, president, on the right)

15 INTERNATIONAL STUDENT EXCHANGES AND STUDY ABROAD

In 1998 a special law school com- Photo by Professor Clark Cunningham mittee chaired by Professor Clark Cunningham developed an innovative program that has greatly expanded opportunities both for Washington University law students to study abroad for a semester and for foreign law students to study at Washington University. These programs enable students to learn foreign law, gain Utrecht, the Netherlands comparative insights, and challenge Washington University, in contrast, As of August 2001, Washington Uni- fundamental premises of U.S. law. has created exchange programs with versity School of Law has exchange leading foreign law schools agreements in place with each of the These programs enable students to under which our law seven foreign law schools listed below. learn foreign law, gain comparative students take regular Unless otherwise indicated, all courses insights, and challenge fundamental courses in those schools, at the foreign law school are in premises of U.S. law. But they do much thus studying under the English. Students must still submit leading scholars of those individual applications, which are more. They allow students to experience countries side-by-side reviewed by the Committee on Foreign a foreign culture, understand the workings with foreign law students. Study. The committee makes of a foreign university, and forge lifelong Students receive full credit recommendations to the full faculty. friendships and professional ties. at their home law schools If approved by the faculty, student for courses taken while on applications are then submitted to But they do much more. They allow exchange, pay the same tuition as if in the American Bar Association for students to experience a foreign residence under reciprocal tuition final approval. culture, understand the workings agreements, and remain eligible for of a foreign university, and forge scholarships and other financial aid. ■ Utrecht University, Utrecht, the lifelong friendships and professional Netherlands. Utrecht University ties. In those cases where the student We have developed exchanges mainly has a history reaching back to is taking courses in a language other with those foreign law schools that the 7th century. Six Nobel prize than English, refinement of language offer courses in English and that, winners have been associated with skills is another benefit. in most cases, do not have exchange Utrecht, which has the largest agreements with other U.S. law teaching staff of all the Dutch The most common study-abroad schools. Before approval by the School universities. Because Utrecht is approach by U.S. law schools is of Law, Professor Cunningham an international university serving to operate their own foreign campuses. personally visited each of the English- the entire European community, American law students thus study only language foreign law schools to learn a large number of law courses are with other Americans and are usually more about the instruction and to offered in English. The Netherlands taught by a mixture of American law clarify the arrangements. Institute of Human Rights is based professors and local practicing lawyers. at Utrecht. During the 2000–01

16 school year, four Washington private law school dedicated to three terms of clinical education University law students studied at innovative teaching techniques, before graduation. In 1999, their Utrecht and two Utrecht students including small-group instruction. students won both of the major studied here. There are seminars and lectures in international law school compe- English, as well as German language titions: the Jessup International ■ Inns of Court School of Law, courses for those with adequate Moot Court and the International London, United Kingdom. This proficiency. The exchange program Client Counseling Competition. law school was founded by the four is expected to begin in 2002. One student from the National Inns of Court, where English law Law School studied at Washington ■ originated in the Middle Ages. It is Monash University Faculty of Law, University in spring 2001. the leading institution authorized Melbourne, Australia. Monash, the by the English Bar to prepare law largest university in Australia, has ■ National University of Singapore. graduates of English universities to more than 2,000 law students. The leading law school in South- become barristers. The school has This exchange is built around the east Asia, the Faculty of Law at the designed a course specifically for strong clinical programs of both National University of Singapore our students, “Introduction to the Monash and Washington Univer- hosts the internationally famous English Legal Profession,” that sities. Students from each law Asia–Pacific Centre for Environ- includes visits to the Royal Courts school enroll in clinical courses mental Law and the Centre for of Justice and to chambers in the in the other school, the first such Commercial Law Studies. In the Inns of Court where barristers program to be developed by an 1999–2000 academic year, 136 of practice law. After completion American law school. During spring its 750 law students came from of this course, students enroll in 2001, one Monash student studied 17 foreign countries, drawing from advanced practice courses that at Washington University and two Europe, North America, Africa, apply specific subjects, like inter- Washington University students Asia, and Australia. This law school national trade and competition law went to Monash. prides itself on having the best of the European Community, to record in the world in the Jessup ■ National Law School of India, simulated cases. The first two International Moot Court Com- Bangalore, India. The most pres- Washington University students petition. Student exchanges began tigious law school in India, the studied at the Inns of Court in in fall 200l, with one student going National Law School admits only spring 2001. each way. 60 students per year. Its innovative ■ The Gerd Bucerius Law School, five-year curriculum combines ■ Kobe University Graduate School Hamburg, Germany. This is a new, social science and law courses with of Law, Japan. This is our oldest exchange program, closely linked to the joint degree program in East Asian studies. For this program, Japanese language proficiency is required.

Professor Cunningham chairs the law school’s Committee on Foreign Study. The student exchange program is

Photo by Professor Clark Cunningham administered by Assistant Dean Michele Shoresman. For more information, visit the School of Law’s Web site at http://law.wustl.edu, and click on “Faculty and Curriculum” and then “Student Exchange Programs.”

Students, professor, client, and baby in a legal clinic at the National Law School of India

17 MASTER OF LAWS FOR INTERNATIONAL STUDENTS

The Washington University School of Law has a thriving Master of Laws (LLM) program for international students. Admission requirements include a basic law degree from a foreign university, a strong academic record, and a thorough grasp of English. Michele Shoresman, the assistant dean for graduate and joint degree programs (see her faculty Dean Michele Shoresman with international LLM students activities summary on page 31), directs the program. Dean Shoresman’s excep- practitioners, academics, and others typically their peers, since both tional blend of energy, kindness, and who come to Washington University groups consist mainly of young extraordinary personal attention is for a variety of reasons—to immerse postgraduates), and have the entire well known to our international themselves in international law, to JD curriculum at their disposal. At students and has helped make their acquaint themselves with the U.S. the same time, all the international experience meaningful and fulfilling. legal system, to refine their English LLM students take a year-long course, language skills, or to experience “Introduction to U.S. Law and Meth- Our international LLM students hail American culture. ods,” designed solely for them. In that from all over the world. In the past way, the students receive the basic two years, they have come from Two competing models of graduate instruction and practice that will Argentina, Brazil, Colombia, Egypt, legal instruction for international enable them to handle the JD courses. students are prevalent in the United Moreover, by being together in this Dean Shoresman’s exceptional States. One model relies on special intensive course for a year, they build blend of energy, kindness, courses open only to foreign graduate lasting friendships and solidarity. students. Under the other model, and extraordinary personal foreign graduate students enroll Special care is taken attention is well known in existing JD courses. At the to our international students Washington University School of to include the and has helped make their Law, our goal is to have the best of international students’ experience meaningful both worlds. The majority of the spouses and significant and fulfilling. instruction that international LLM others in a range of activities students receive occurs through and to help provide social enrollment in regularly scheduled JD Eritrea, France, Germany, India, Israel, and cultural opportunities courses. In this way, these Italy, Japan, Korea, Mexico, Moldova, for them as well. international students are fully Pakistan, the People’s Republic of integrated into the life of the law China, Taiwan, Thailand, Ukraine, school, meet and get to know their Ms. Leigh Hunt Greenhaw teaches and Venezuela. They are recent grad- American counterparts (who are “Introduction to U.S. Law and uates, government officials, private

18 Methods.” She brings not only her academic records and practical One productive recent addition to the considerable legal talents, but also her experience have enriched the international LLM program is rich experiences of prior residences in instruction immeasurably. the Judicial Observation Program. several diverse countries and cultures. Each year, international LLM students The course provides an overview of The students choose their other who choose to do so are paired with the basic principles and vocabulary courses from the JD curriculum. Some federal or state judges in St. Louis for of major areas of U.S. law and the students prefer to focus on U.S. law, six weeks during the summer. They legal system, specific instruction and either generally or by concentrating observe the courts in action, prepare on a specialty area like intellectual property, Our international LLM students commercial law, or criminal As the international hail from all over the world. law. Others prefer a heavy LLM program has grown, In the past two years, dose of international law. it has become a kind of extended they have come from Still others choose a family for our international Argentina, Brazil, Colombia, combination. students, both while they are

Egypt, Eritrea, France, Whatever their curricular here and after they graduate. Germany, India, Israel, Italy, interests, the international Japan, Korea, Mexico, LLM students receive a memoranda, and in the process gain an Moldova, Pakistan, great deal of counsel. They extra level of practical understanding. the People’s Republic of China, meet frequently with Dean Taiwan, Thailand, Shoresman and Ms. As the international LLM program has Greenhaw. Each semester Ukraine, and Venezuela. grown, it has become a kind of they also meet with other extended family for our international faculty members for person- students, both while they are here writing practice in U.S. legal methods, alized curricular advice tailored to and after they graduate. Perhaps exposure to preferred formats and their particular interests, experiences, as important, it has brought immeas- styles for written communication in and talents. Each international student urable benefits to our American the United States, and instruction and is also assigned a personal mentor, a students and faculty, whose lives have practice in U.S. legal research. JD student who has volunteered for been enriched and invigorated by their Traditional classroom instruction is that position. Throughout the year, new overseas colleagues and friends. supplemented by writing exercises, there is also a steady stream of special small-group tutorials, and individual seminars and field trips, social acti- For more information on Washington consultation. vities, and other events designed to University’s LLM program for integrate the students into the life of international students, please visit Two alumni—Michael Downey and the law school, the University, and the the School of Law’s Web site at K. Lee Marshall—assist Ms. Greenhaw local community—both academically http://law.wustl.edu, and click on in teaching the course. Their strong and socially. Special care is taken to “Joint Degrees and LLM Programs.” include the international students’ spouses and International students are fully significant others in a range integrated into the life of the law school, of activities and to help meet and get to know their American provide social and cultural counterparts, and have the entire JD opportunities for them curriculum at their disposal. as well.

19 before an impartial tribunal, ways University faculty and other experts LATE-BREAKING to best ensure fair and effective to lead discussions in the homes NEWS procedures in politically charged of gracious volunteer hosts. The settings, the potential exposure idea is to stimulate discussion and Additional Institute projects were of American troops and top provide a meaningful service to too embryonic to permit full coverage government officials to criminal in this publication, but a few are prosecution, and the role of the We shall arrange for United States in shaping the rules worth noting. As they come closer Washington University to fruition, details will appear on the and operations of the new court. faculty and other experts Institute’s Web site, at http://law.wustl. The faculty organizer for this event edu/igls/index.html. is Professor Leila Nadya Sadat, to lead discussions a prominent authority on inter- in the homes of The Institute will soon national criminal law and the gracious volunteer hosts. ICC in particular. (See her faculty start a debate series. activities summary on page 30.) At press time, the tentative plan a broader public, while encouraging ■ The Institute will soon start a is to hold a two-person debate in more widespread community debate series to be held at the October 2001 and to follow it with involvement in the work of the School of Law and open to the a full-fledged conference at a later Institute. public. The series will focus on date. Both the debate and the ■ international issues that are both conference will be held at the We are currently discussing, controversial and important. In Washington University School of with the St. Louis Chapter of the each debate, two knowledgeable, Law. The Institute will co-sponsor American Red Cross, plans for articulate advocates will argue the a humanitarian law project. The goal is for Red Cross experts opposing sides. Some debaters Plans are being laid will be Washington University law to train volunteer students from for a two-part event faculty members; some will be our law school in the tenets of drawn from other quarters. on the subject international humanitarian law, of United States ratification so that these students can then ■ Plans are being laid for a two-part of the proposed teach the subject in area high event on the subject of United International Criminal Court. schools. This is a project in which States ratification of the proposed everyone wins: The Red Cross International Criminal Court. The furthers its educational mission ICC, which is the subject of an the events with the United Nations on issues of humanitarian law, the international convention adopted Association of the USA. law students receive additional in Rome in 1998, is rapidly nearing training and the opportunity the requisite number of ratifica- ■ Through the generous volunteer to experience teaching, the high tions. President Clinton signed the efforts of Charlene Bry, publisher school students profit from the treaty for the United States on of the Ladue News, and of several stimulation and the knowledge, December 31, 2000, but Senate other friends of Washington and the public profits as future ratification is not imminent. Vigor- University, the Institute for Global adults become sensitized to issues ous public discussion has focused Legal Studies will soon begin of fundamental human rights and on such subjects as the importance a “salon series.” Working together, the rule of law. of bringing war criminals to trial we shall arrange for Washington

20 and policy initiatives for women and extensive research at the National THE FACULTY: children in Nepal. Eleven Nepali Library of New Zealand and the Public GLOBAL students and the dean of the Tribhuvan Record Office in London. In the Law School will visit the law school and (Northern Hemisphere) summer of ACTIVITIES the University’s George Warren Brown 2002, Professor Banner will be a School of Social Work early this fall. Fulbright Senior Scholar, splitting Faculty members of the Washington They will participate in the clinical his time between teaching in the law University School of Law have been course and accompanying seminar, in faculty of the University of Sydney engaged in a variety of local, national, which they will work with Washington and researching at the State Library and international projects related University law students to research the of New South Wales. to teaching, research, and policy legal treatment of women and children formation. Detailed faculty bio- in the United States. Four Washington graphies and publication lists (not University law students spent the past just the international activities) appear summer in Nepal working on these on the Washington University School issues. Four students will spend the of Law’s Web site. (Visit http://law. next summer in Kathmandu. wustl.edu, and click on “Faculty” and its various subheadings).

Here are some of the foreign, comparative, and international activities of the faculty and Neil Bernstein administration of the Washington Professor of Law University School of Law: Professor Bernstein, an expert in both labor law and insurance law, recently spoke at the First International Underwriting Congress in Mexico City Stuart A. Banner on “Market Conduct: A Global Professor of Law Perspective.” He is also writing the Professor Banner is a legal historian U.S. chapter of the International whose work is wide ranging. He has Encyclopaedia of Insurance Laws. written several books, including Anglo- In August 2001, he participated in a American Securities Regulation: round-table discussion at St. Antony’s Cultural and Political Roots, 1690– College of Oxford University on employ- Jane Harris Aiken 1860, published by Cambridge ment discrimination laws of the United University Press, as well as two States, the United Kingdom, and the Professor of Law important articles on the early property European Union. Professor Aiken received a Fulbright laws of New Zealand. He recently grant for fall 2001 to go to Tribhuvan chaired a panel at the annual meeting University in Kathmandu, Nepal. She of the American Society for Legal will teach a course, Women and the History in Toronto on 19th-century Law, and develop a clinical program Australia. He is writing a book on that will work in collaboration with the British and post-colonial land policies Civil Justice Clinic at Washington concerning indigenous peoples in North University School of Law. The focus America and Australasia, after will be on providing legal assistance

21 Philip Berwick Kathleen Clark Clark D. Cunningham Associate Dean for Information Professor of Law Professor of Law Services and Lecturer in Law Professor Clark, a specialist in gov- Professor Cunningham’s wide-ranging In November 1999, Dean Berwick ernment ethics who studied Russian interests include comparative consti- and Wei Luo, assistant law librarian, in the Soviet Union and Spanish in tutional law, the law of India, and received a research grant from the Guatemala, has been involved in international collaborations to reform U.S.–China Legal Cooperation Fund various international law reform and legal education. He has been a Parsons to support their comparative study of anti-corruption activities. These include Visiting Scholar at the University of U.S. and Chinese codification systems. an Olin Foundation-funded trip to Kiev Sydney (Australia); an Indo–American In June 2000, they held a symposium to liaise between U.S. academics and Fellow at the Indian Law Institute and several round-table discussions advisers to the Ukrainian Parliament, (New Delhi); and a visiting scholar in Beijing with the Legislative Affairs an ABA–CEELI project commenting on at Sichuan University (China), the Office of the State Council of the Uzbekistan’s proposed code of conduct University of Palermo (Argentina), People’s Republic of China, which for lawyers, lectures in Venezuela about and the National Law School of India. is responsible for drafting, promul- integrating ethics into law school He directed a U.S.–India Ford Founda- gating, recording, and compiling courses, and a workshop for Nigerian tion project, Enforcing Human Rights administrative regulations. At the NGOs lobbying the legislature to adopt Through Law School Clinics, and served symposium, Dean Berwick presented a code of ethics. She has spoken at as one of two Americans on the first his paper on the United States Codifi- international conferences in Australia, steering committee of the Global cation System. Since then, China has Canada, France, the Netherlands, Alliance for Justice Education. In decided to continue to work with Dean Poland, and South Africa. She also 1997, he organized and chaired Berwick and Mr. Luo to study the U.S. serves on the board of the Immigration an international conference on codification system for the purpose of Project, a nonprofit legal services “Rethinking Equality in the Global creating a Chinese codification system. organization for indigent foreign Society” that brought together leading Further grants have now been awarded migrant workers and others. legal scholars, social scientists, and for that project. In October 2000, policymakers from India, South Africa, Dean Berwick and Mr. Luo hosted a and the United States to examine Chinese delegation in St. Louis and affirmative action policies from a Washington, D.C., and followed up cross-national and interdisciplinary with a larger symposium in Beijing in perspective. August 2001. This continuing project will make Chinese law more open and He currently directs an international accessible, a critical element in the research project on lawyer–client Chinese government’s rule of law communications with participants from initiative. [For further information England, Scotland, Australia, South on Mr. Luo, see page 27.] Africa, the United States, and India. He is also co-authoring a book, based on the “Rethinking Equality” conference, with Dr. N.R. Madhava

22 Menon, one of the three members technologies, animal experimentation, Czech Republic. He has also parti- of the Law Commission of India and health care policy in Acapulco, cipated in a joint project of the United and former dean of the National London, Tokyo, Amsterdam, Milan, States and the New Independent States Law School of India. Professor and Munich. on democracy and the market economy Cunningham has made scholarly for business and government leaders in presentations at many international the former Soviet Union. His co-edited conferences, including the Worldwide book, The Frontiers of the New Advocacy Conference at the Inns of Institutional Economics, has been Court School of Law (London), the translated into Chinese. International Seminar of Legal Clinics (Buenos Aires), the Hart Workshop on Legal Education (Institute for Advanced Legal Studies, University of London), the Inaugural Conference of the Global Alliance for Justice Education (India), and the Second John N. Drobak and Fourth International Conferences Professor of Law and on Clinical Legal Education and Professor of Economics Scholarship (UCLA/University of Professor Drobak, an expert in law London). At the law school he has and economics, holds an appointment chaired the international programs in the Department of Economics in Dorsey D. Ellis, Jr. committee and currently coordinates Arts & Sciences and also teaches in William R. Orthwein the law school’s various international the Olin School of Business. At the Distinguished Professor of Law student exchange programs. law school, he directs the Center for Formerly dean of Washington University Interdisciplinary Studies. He has been School of Law, Professor Ellis was on the faculty of the United States recently a visiting senior research Business School in Prague since its fellow at Jesus College, Oxford inception in 1991. There he annually University, and then a visiting pro- co-teaches an MBA course for central fessor of law at Victoria University Europeans with Nobel Laureate of Wellington, New Zealand, where Douglass North. He has advised the he worked on international and finance minister of the Czech Republic comparative aspects of the law of on the large-scale voucher privatization competition and the law of product program and the Republic of Georgia in liability and gave numerous presenta- connection with the drafting of its post- tions. Earlier he had been a visiting Rebecca S. Dresser Soviet constitution. He is also one of member of the Senior Common Room Professor of Law and Professor the founders, the secretary, and a at Mansfield College, Oxford University. of Ethics in Medicine member of the board of directors of He has also spoken on product liability An expert in medical ethics, Professor the International Society for New law in Seoul, Korea. His courses Dresser holds joint appointments at Institutional Economics, whose include international and comparative Washington University’s School of Law members represent 45 countries. product liability law and seminars and School of Medicine. She has Professor Drobak has spoken at the in international and comparative co-chaired a symposium in Helsinki society’s annual conferences in Paris, competition law and international on informed consent in clinical trials. at the World Bank, and at the Univer- environmental law and policy. He is a Professor Dresser has also given sity of Tübingen, Germany. He gave the member of the American Law Institute. presentations on biomedical and keynote address at an event honoring psychiatric research, reproductive the 2000 Manager of the Year for the

23 served on the ABA Task Force on Cuban Technical Assistance, the Advisory Committee for the Soviet Lawyer Internship Project, the board of directors of the American Society of Comparative Law, the board of advisers of the Parker School Journal of East European Law, the editorial board of Lee Epstein Frances H. Foster the Post-Soviet Media Law and Policy Professor of Law and Edward Professor of Law Newsletter, and the Domestic and International Law Commission of the Mallinckrodt Distinguished Professor Foster is a specialist in the U.S.–U.S.S.R. Emerging Leaders University Professor of laws of socialist and former socialist Summit. She reads Chinese, French, Political Science nations. As an undergraduate at Italian, Russian, Serbo–Croatian, Formerly chair of the Department of Princeton, she majored in Slavic Spanish, Latin, and ancient Greek. Political Science in Arts & Sciences languages and literatures and received Professor Foster’s courses include at Washington University, Professor certificates in Latin American studies Chinese law and a course titled Epstein is one of the most renowned and Russian studies. She then went “Socialist Law in Transition: Russia, political scientists in the United States. on to receive joint JD/MA degrees from China, and Cuba.” A prolific scholar, with particular Yale in law and international relations expertise in the study of courts, she and a JSD from Stanford Law School, is working on a study of constitutional where she completed a dissertation courts in various nations, with principal that examined Soviet influences on emphasis on the courts of several Chinese law. She has been a research Eastern European states. Together fellow at Harvard Law School’s East with Professor Stanley L. Paulson, Asian Legal Studies Program, a fellow she is co-organizing a major inter- at Harvard’s Russian Research Center, national conference on constitutional a Mellon Postdoctoral Fellow in courts to be held at the law school in Russian and East European Studies November 2001. (See the conference at Stanford, and a consultant on article on page 12.) international tax. Michael M. Greenfield She has written widely on Chinese, Walter D. Coles Professor of Law Russian, and Cuban law. Topics run the In March 2001, Professor Greenfield gamut from democracy and freedom delivered a lecture in Berlin on of the press to legal culture, restitution “Payment Systems for Cross-Border of expropriated property, the transfer of and Internet Transactions” to the Hong Kong to the People’s Republic Committee on Consumer Policy of of China, inheritance law, economic the Organisation for Economic Co- legislation, software protection, and operation and Development (OECD). codification. Professor Foster has

24 university’s Asian Law Program for nearly a decade. His overseas visiting teaching and research appointments include Vytautas Magnus University in Kaunas, Lithuania; the Max Planck Institute in Hamburg, Germany; Tohoku University in Sendai, Japan (as a Fulbright lecturer and visiting Leigh Greenhaw professor); Tübingen University in William Catron Jones Lecturer in Law Germany; Kobe University in Japan; Charles F. Nagel Professor the University of Freiburg in Germany Ms. Greenhaw teaches an introduction of Law Emeritus (as an Alexander von Humboldt Fellow); to U.S. law and methods course for One of the West’s foremost scholars and Monash University in Melbourne, international LLM students. She has in the field of Chinese law, Professor Australia. He was also a visiting been a visiting scholar at Macquarie Jones has been a postdoctoral fellow professor at the Harvard Law School. University School of Law in Sydney, in Chinese at Columbia University; Australia, where she gave a faculty Professor Haley has authored, edited, a visiting professor at the University seminar on law and religion. She has or co-edited nearly a dozen books, of Freiburg; a visiting professor at resided in the Philippines, Nigeria, including the landmark Authority National Taiwan University (twice); Switzerland, Spain, and Australia. Without Power: Law and the Japanese a visiting research scholar at the Paradox (Oxford University Press, University of Tokyo; a visiting research 1991). His most recent book is fellow at the Institute for Developing Antitrust in Germany and Japan: Economics in Tokyo; a Fulbright The First Fifty Years, 1947–1998 lecturer at Wuhan University in the (University of Washington Press, People’s Republic of China; and a 2001). He has also written many member of the Committee on Legal articles and essays, the best known Educational Exchange with the being “The Myth of the Reluctant People’s Republic of China. Among Litigant” (1978). He is credited with Professor Jones’s major works are transforming the field of Japanese law Basic Principles of Civil Law in China in the United States. His writings span and The Great Qing Code. His many John O. Haley an extraordinary range, addressing articles cover broad terrain, including Wiley B. Rutledge Professor such diverse subjects as the Japanese the history of British and American of Law criminal process; Japanese land use commercial law and arbitration, law; Japanese constitutional and philosophy of law, Japanese sales A distinguished legal comparativist administrative law; Japanese political law, the Ch’ing dynasty, Chinese and a leading American authority on economy; Japanese regulation of criminal law, thought control in pre-war Japanese law, Professor Haley joined foreign lawyers; East Asian business Japan, political campaigns in China, the Washington University faculty in transactions; international, foreign, and Chinese constitutional law, and Chinese 2000. Formerly at the University of comparative competition law; the civil environmental law. He has spoken all Washington in Seattle, where he was law tradition in Europe, Latin America, over the world, recently delivering the the Garvey, Schubert & Barer Professor and East Asia; German antitrust law; Ritholz Lecture at the Harvard Law of Law and Professor of International and international legal education. School on the subject of Chinese civil Studies, Professor Haley directed that law. Although now retired from full-time teaching, Professor Jones remains an active scholar and generous colleague.

25 immigration law, international human rights, international criminal law, and a seminar titled “Immigrants, Citizens, and Human Rights.”

Professor Legomsky earned his D.Phil. from Oxford University in comparative immigration law. Since Peter A. Joy Stephen H. Legomsky then, he has been a Parsons Fellow at the University of Sydney, the Professor of Law Charles F. Nagel Professor of Hugo Anton Engelhart Distinguished An expert in clinical teaching, criminal International and Comparative Visiting Professor at the St. Mary’s law, and the legal profession, Professor Law and Director of the University Institute on World Legal Joy’s interest in international law is Institute for Global Legal Problems in Innsbruck, a summer long-standing. He attended the Hague Studies faculty member at the University of Academy of International Law in 1983. Professor Legomsky is the inaugural San Diego Institute of International He has also written, and engaged in director of the Institute for Global and Comparative Law in Mexico City pro bono advocacy, in the field of Legal Studies. He is the author of and later in Florence, a visiting pro- immigration law. Immigration and Refugee Law and fessor at the University of Konstanz Policy (now in its second edition), (Germany), an adjunct professor at which has been adopted as the Webster University in Geneva, and a required text for immigration courses visiting professor at Victoria University at 128 law schools in the United of Wellington. Professor Legomsky has States. His other books, published by chaired the immigration law section the Oxford University Press, include of the Association of American Law Immigration and the Judiciary: Law Schools and the Law Professors Com- and Politics in Britain and America mittee of the American Immigration and Specialised Justice, a study of Lawyers Association. He now chairs the theory and practice of specialized the Refugee Committee of the courts and administrative tribunals in American Branch of the International Daniel L. Keating the United States and New Zealand. Law Association. He has testified Tyrrell Williams Professor His articles have been mainly in the before Congress and has advised of Law and Associate Dean related fields of immigration, refugee, President Clinton’s transition team; for Academic Affairs and citizenship law, with emphasis on former President Bush’s commissioner migration policies of major receiving Dean Keating is a distinguished of immigration; the Administrative states; expulsion; asylum adjudication; scholar in the field of commercial law. Conference of the United States; the the detention of aliens; the constitu- His course book on the law of sales immigration ministers of Russia and tional foundations of immigration includes materials on the Convention Ukraine; and the governments of restrictions; the role of the judiciary on Contracts for the International Sale Belarus, Azerbaijan, and Tajikistan in immigration disputes; the meaning of Goods, as does his co-authored on migration, refugee, and citizenship of citizenship; dual nationality; employ- course book on commercial issues. Since 1995, Professor er sanctions; and the racial and ethnic transactions. Legomsky has given 65 invited implications of immigration quotas. presentations in 12 countries. His international courses include

26 He is an elected member of the American Law Institute; the recipient of Washington University’s Distin- guished Faculty Award and the law school’s triennial teaching award; and a member of the editorial boards of the Legal Scholarship Network’s Immigration and Refugee Law and Policy Abstracts, the Immigration Wei Luo Daniel R. Mandelker and Nationality Law Review, and Director of Technical Services Howard A. Stamper Professor the Carnegie Endowment’s Research and Assistant Librarian of Law Perspectives on Migration. He is also Mr. Luo has a degree in economics A distinguished authority in the fields a member of the advisory board of from Xiamen University in the People’s of land use, environmental law, and the Foundation for Legal Studies in Republic of China. He was an instruc- state and local government, Professor Istanbul. tor at the School of Law of Xiamen Mandelker is the author of 21 books, University, teaching international trade including a book on housing subsidies law and international business law, in the United States and England and and has also practiced as an attorney another on green belts and urban in China. He created and maintains the growth in England. Among his seven Web site of the Internet Chinese Legal additional monographs are one on Research Center and is the webmaster environmental policy in England and of the Asian–American Law Librarian another on urban development in Korea Caucus homepage. Mr. Luo is the and the Philippines. His countless book author of several books and several chapters and scholarly articles include journal articles on Chinese law. He is writings on environmental impact the president of the Asian American assessment in the United Kingdom Ronald M. Levin Law Librarian Caucus, the chair of and Canada, planning and housing in Henry Hitchcock Professor the Asian Law Working Group for the Slovenia, city planning in the former of Law American Association of Law Librarians Soviet Union, and compensation in Professor Levin is a widely acclaimed (AALL), and a member of the Foreign town and country planning in England. expert and prolific scholar in the field Legal Periodical Index Committee for of administrative law. The third edition the AALL. He and Philip Berwick, At various times in his career, Professor of his co-authored book, Administrative associate dean for information services, Mandelker has been a Ford Foundation Law and Process in a Nutshell, has are working with China’s government on law faculty fellow at the University of been translated into Japanese and a project that may lead to a codifica- London; a visiting fellow at University Chinese for dissemination in Asia. tion of Chinese law. [See the previous College London; a visiting fellow at the entry for Philip Berwick on page 22 University of Copenhagen; a visiting for details.] Mr. Luo presented his scholar in the Urban Planning Depart- study, entitled “The Advantages of ment in Haifa, Israel; a visiting scholar Codification and Some Suggestions to at the Institute of State and Law in Create a Chinese Codification System,” Moscow; and a faculty member at the at a symposium in Beijing in 2000. Salzburg Seminar in American Studies. He has been retained as a consultant by Hong Kong for a study of zoning

27 amortization; by the Nuffield protection, biodiversity, biotechnology, Foundation Inquiry on British Town and computer technology. He also and Country Planning; by the city of directs the law school’s recently Melbourne, Australia, for development established graduate program in of a strategic plan; and by the United intellectual property and technology Nations Centre on Housing, Building law. To recruit overseas students for and Planning. He delivered the fif- that program, Professor McManis teenth Denman Lecture at Cambridge completed a four-week lecture tour University and has given speeches for in Taiwan, Japan, Korea, the People’s A. Peter Mutharika the United States Information Agency Republic of China, and Malaysia. Professor of Law in Israel and in the former Yugoslavia. Professor Mutharika has been an active He has been a Fulbright Fellow at and influential scholar in international the International Intellectual Property law, with particular expertise in matters Training Institute in Taejon, Korea; concerning Africa and the developing a consultant to the World Intellectual world. He has written or edited several Property Organization at the University books, including The Regulation of of Delhi; a participant in the Regional Statelessness under International Symposium on Intellectual Property and National Law, The Alien under Law Teaching and Research in Beijing; American Law (2 volumes), and an exchange professor at Yonsei International Law of Development University and at Sichuan University (6 volumes). His many articles cover in the People’s Republic of China; a such subjects as state succession, visiting lecturer on several occasions Charles R. McManis loss of nationality, treaty acceptance at Nihon University and at the Japan Professor of Law and Director of in Africa, development assistance, Institute for International Business the LLM Program in Intellectual democratization, Malawi constitutional Law; a member of the Asia Pacific Property and Technology Law law, the African perspective on inter- Legal Institute delegation to the 68th national law, the UN Security Council’s Professor McManis is co-authoring a biennial conference of the International role in peace management, the invest- law school course book on international Law Association; a participant in that ment climate in the Common Market intellectual property and has written institute’s workshop on Trade-Related for Eastern and Southern Africa, and a number of leading articles in the Aspects of Intellectual Property African state capability and repara- same field. Among other subjects, Protection in Taipei; and a member tions. He is working on a book on his writings address the intellectual of the Committee of Experts on Inter- foreign investment security in Sub- property aspects of international national Intellectual Property Law of Saharan Africa. mergers; international protection for the American Law Institute. Professor computer chips; intellectual property McManis recently hosted a delegation He has been a UNITAR lecturer, law in East Asia and the European of Japanese tax professors and practi- and later an international law fellow, Community; and the relationships tioners at Washington University. among international intellectual at the International Law Commission property law and environmental in Geneva; a consultant to the UN Institute for Training and Research in New York; an academic visitor at the London School of Economics; a visiting lecturer at Haile Selassie I University in Addis Ababa, Ethiopia; a lecturer in international law at the UN Training Programme in international law and

28 diplomacy for foreign service officers the editorial advisory board of the Professor Paulson’s books and articles from Africa and Asia at Makerere Fordham International Law Journal; have been written in English and University in Uganda; a lecturer in law and the board of editors of Third World German, with translations of his work at the University of Dar Es Salaam, Legal Studies. He has also been a book appearing in Italian, French, Spanish, Tanzania; a visiting lecturer at Rutgers reviewer for Transnational Publishers Portuguese, Serbo–Croatian, and University School of Law; a resident and Oceana Publications. He is an Japanese. In these writings he has magistrate for the Tanzanian Judiciary; advocate of the High Court of Tanzania. dealt with a variety of subjects, the senior vice chairman and general The international courses that he including the philosophies of Kelsen counsel of the Europe Southern Africa teaches or has taught include public and Kant and aspects of the theories Consultancy (Pvt.) Ltd., in Lilongwe, international law, international trans- of legal norms. The volume by Gustav Malawi; an invited (by Parliament) actions, international investment law, Radbruch, Rechtsphilosophie, which resource person at the Malawi international trade law, international he co-edited, was published last Constitutional Conference, at which development law, comparative consti- year. The Oxford University Press he played a leading role in the tutional law, international diplomatic (Clarendon) recently published the conceptualization and structuring of law, and international organizations. 700-page Normativity and Norms: Malawi’s new democratic constitution; He is also a human rights activist Critical Perspectives on Kelsenian the general counsel to the Malawi currently involved in reparations, Themes, which he co-edited and Action Committee (a human rights reconciliation, and reconstruction translated with his wife, Bonnie organization advocating democ- issues. He is an avid reader of Latin Litschewski Paulson. He is now ratization); a member of the UN and history. working on another major book on Panel of Experts considering the Kelsen, along with numerous articles. new international economic order; an expert and rapporteur on state A small sampling of his overseas succession at the UN regional con- fellowships and visits include stints ference on international law for Africa at the University of Göttingen (senior in Ghana; the editor of the Eastern Fulbright award); the Max Planck Africa Law Review; the general Society for Public International counsel and international repre- Law and Comparative Public Law sentative of the United Party (of in Heidelberg; the University of Malawi); the president of the African Münster (NEH grant); the University Law Association in America; and the of Vienna (senior Fulbright award); the founding president of the International Stanley L. Paulson Free University of Berlin (Alexander Third World Legal Studies Association. William Gardiner Hammond von Humboldt Foundation research Professor of Law and Professor fellowship); the University of Genoa; Professor Mutharika has presented of Philosophy in Arts & Sciences the University of Valladolid, Spain papers throughout the world, including (Fulbright); the University of Sheffield; A prolific and respected scholar in England, Malawi, the United States, the University of Sydney (Parsons legal philosophy and comparative Ethiopia, Italy, Kenya, South Africa, fellowship); the Kelsen Institute in constitutional law, Professor Paulson Ghana, and Canada. He has served on Vienna (appointed by the Austrian holds joint appointments at the School countless advisory boards, including federal chancellor); the Hebrew of Law and in Arts & Sciences. Spe- the international advisory board of the University of Jerusalem (Fulbright); cializing principally in European legal New Community Corporation, Newark, the University of Paris (Fulbright); the philosophy, he is a leading authority on New Jersey; the board of directors of Austrian Federal Academy of Public Hans Kelsen, the immensely influential the UN Association of St. Louis; the Administration (each year for the past Austrian legal philosopher. board of directors of the International decade); the Institute for Advanced Third World Legal Studies Association;

29 Studies in Bratislava, Slovakia; and Touvier and Maurice Papon, the role the University of Kiel, Germany. He of the European Court of Justice, and has given literally hundreds of overseas the euro (on which she organized a invited presentations in North America, major conference). Professor Sadat is South America, Europe, Africa, Asia, an active speaker both in the United and Australia. He is a member of the States and abroad. She is engaged editorial boards of several journals, in a collaborative project, sponsored including Ratio Juris (Oxford), Ragion by Princeton University, to fashion Pratica (Genoa), Diritto e Cultura Leila Nadya Sadat international rules on the exercise (Naples and Rome), the Liverpool Law Professor of Law of universal jurisdiction. Review, and Res Publica (Manchester Professor Sadat, who has written widely and Liverpool). He is co-organizing, She chairs the International Criminal in both international and comparative with Professor Lee Epstein, the first Court Committee of the American law, is best known for her work in in a series of major international Branch of the International Law international criminal law. After law conferences for the Institute for Association. In that capacity, and as school, she received her diplôme Global Legal Studies. It will be on an NGO delegate to the conference d’études approfondies in private the subject of constitutional courts preparatory committee and to the international law and international and will be held November 1–3, 2001, 1998 United Nations diplomatic commercial law from the University at the School of Law. conference in Rome at which the of Paris I before practicing law for court was established, Professor Sadat several years at three distinguished played an active role in the resulting firms in Paris. She has taught abroad convention. She is also a member of in France, Italy, Ireland, and Greece the U.S. Commission on International and has completed judicial clerkships Religious Freedom; a member of the in the French Cour de Cassation and Executive Committee of the American the Conseil d’État (as well as for Judge Branch of the International Law Asso- Tate of the Fifth Circuit in the United ciation; a member of the Executive States). Her book, The International Committee of the American Society Criminal Court and the Transformation of Comparative Law; secretary of the of International Law: Justice for the AALS section on comparative law; vice New Millennium, published this sum- president of the American Branch of Theodore Ruger mer, is supported by a grant from the the International Association of Penal Associate Professor of Law United States Institute of Peace. The Law; and a board member of the Revue Professor Ruger has written on special editor of two other books on Québécoise de Droit International, the the European Union’s regulation of the International Criminal Court, she International Law Students Association, pharmaceutical products. He has also is also co-author of the only casebook the American Journal of Comparative served as a consultant to the World on international criminal law currently Law, and the Société de Législation Bank on the subject of legal and published in the United States. Her Comparée. Admitted to the French judicial reform. many articles, written in English and Bar, she is a member of the board French, deal with such topics as geno- of directors of the Alliance Française cide, crimes against humanity, the new of St. Louis. Professor Sadat is fluent International Criminal Court, official in French and conversant in Italian, language laws in the United States Spanish, and Arabic. and France, the prosecutions of Paul

30 At Washington University, her courses University. In these roles she obtained training committee for the Global have included international criminal several large grants for students, fac- Alliance for Justice Education (GAJE) law, comparative law, European Union ulty, conferences, and other work. She Inaugural Conference in Trivandrum, law, international business planning teaches an undergraduate course on India, in winter 1999, she will play a and drafting, and the United States Chinese, Japanese, and Korean edu- similar role with the second GAJE Constitution and foreign affairs. She cational policies and has taught a conference in Durban, South Africa, has also led the Jessup International travel-study course in the People’s in winter 2001. She moderated a panel Moot Court team to extraordinary Republic of China. She has been a at the 2000 ABA Annual Meeting honors in consecutive years. Fellow at the Japan Institute for Social in London on “Designing Quality and Economic Affairs, a Korea Society Clinical Education in Overseas Law Fellow in Korea, and a Fulbright School Programs.” Professor Tokarz Fellow for international educators to was a convener of an international Germany. She has published several conference in St. Louis on “Teaching, papers and book chapters on East Practicing, and Delivering Justice: The Asian education. Role of Law School Clinical Programs” in winter 2000; a faculty member in the “Legal Clinics Initiative,” sponsored by the U.S. State Department and the Organization for Security and Cooperation in Europe, at Jagellonian Michele W. Shoresman University in Krakow in winter 1996; and a convener of the first international Assistant Dean for Graduate Clinic Directors Conference in St. Louis and Joint Degree Programs in 1995. She has taught a course titled Dean Shoresman directs most of the “Comparative Employment Rights: The graduate programs at the School of United States, Israel, and the European Law, including the LLM for overseas Community.” students, a program that she has Karen L. Tokarz Professor of Law and Director dramatically expanded and improved. of Clinical Education She also directs the school’s many joint degree programs, including those in Professor Tokarz is a leader in both East Asian and European studies. (See national and international clinical articles on those programs earlier in education, as well as an expert in this publication.) In previous positions, civil rights mediation and the law she directed the Asian Studies of employment discrimination. In fall Outreach Program of the University 2001, she will be working in Durban, of Illinois at Urbana–Champaign and South Africa, with Professor Asha later served as associate director of Ramgobin of the University of Natal International Studies and then director on developing clinical legal education of Overseas Programs at Washington in South Africa. A member of the

31 as chair of the drafting committee. INTRODUCING He is the author of numerous THE leading books in the field of international criminal law. Professor INTERNATIONAL Bassiouni chaired the UN fact- COUNCIL finding mission in Sarajevo. ■ George A. Bermann is the Charles In addition to the 19-member internal Keller Beekman Professor of Law faculty advisory board, the Institute and director of the European Legal this year created an International Studies Center at Columbia Uni- Council composed of 23 (at press versity. He is president of the time) distinguished scholars, judges, American Society of Comparative statesmen, diplomats, journalists, Law. One of the world’s most international lawyers, and other eminent comparativists, Professor exceptional individuals from around John B. Anderson Bermann has written numerous the world. This external advisory leading books and articles on board will counsel and assist the foreign, comparative, and European director, the Institute staff, and the and then Osgoode Hall Law Union law and policy. He has faculty advisory board as our overall School, Justice Arbour is a prolific visited at several European planning evolves and as specific author. She has received numerous universities and institutes. projects unfold. We are deeply awards in Canada, the United honored and grateful that these States, the United Kingdom, the ■ The Honorable Rudolf Bernhardt, individuals have agreed to associate Netherlands, and France. former president of the European themselves with the Institute. Court of Human Rights, has been ■ The Honorable Jorge Arrate, a professor of law at the University Here are some short profiles of the ambassador of Chile to Argentina, of Frankfurt and for many years members of our International Council: is the former minister of mines directed the Max Planck Institute and economic adviser to President for Comparative Public Law and ■ The Honorable John B. Anderson, Allende. He is also former minister International Law in Heidelberg. a former member of Congress of education, minister of labor and He was the editor of the Encyclo- from Illinois, was the independent social security, and minister pedia of Public International Law from candidate for president of the secretary-general of Chile. 1981 to 2000. United States in 1980. He is presi- ■ dent and chief executive officer of M. Cherif Bassiouni is a professor ■ Paul P. Craig is the professor of the World Federalist Association. of law and director of the Interna- English law at Oxford University Mr. Anderson has been a visiting tional Human Rights Law Institute and a fellow of St. John’s College, professor in political science at at DePaul University. A distin- Oxford. A prolific author, he is several universities. guished diplomat, Professor England’s leading authority on Bassiouni was nominated in 1999 administrative law and a distin- ■ The Honorable Louise Arbour is a for the Nobel Peace Prize for his guished authority on European justice of the Supreme Court of more than 20-year crusade on Union law as well. Professor Craig Canada. She was formerly the chief behalf of an international criminal has visited at several law schools prosecutor of the UN International court. A United Nations conven- in the United States, Canada, and Criminal Tribunal for the former tion to establish such a court was Australia. An honorary Queen’s Yugoslavia and Rwanda. Previously adopted in Rome in the summer Counsel, he was elected to the a legal academic at York University of 1998, with Professor Bassiouni British Academy in 1998.

32 United States and Germany. He this same period, he wrote For has served as the executive editor Humanity and began serving as a of the International Law Practicum justice on South Africa’s since 1988. Mr. Detjen has also Constitutional Court and as chan- served in a number of leadership cellor of the University of the positions at the Washington Witwatersrand in Johannesburg. University School of Law. ■ Ambassador Aída Ivone González ■ Thomas M. Franck, the Murry Martínez of Mexico was recently and Ida Becker Professor of Law the chair of the United Nations and director of the Center for Committee for the Elimination of International Studies at New York Discrimination Against Women University, is one of the past (CEDAW) and coordinator of century’s legendary figures in International Women’s Affairs international law. A prolific and in Mexico’s Ministry of Foreign

Francis Mading Deng influential scholar and the recently Affairs. Her impressive diplomatic retired president of the American lineage includes service as her Society of International Law, country’s assistant undersecretary ■ Francis Mading Deng is the Professor Franck has advised for migration and human rights, representative of the United numerous governments and inspector general of Mexican Nations secretary-general for commissions and has represented Foreign Missions, adviser to the internally displaced persons. nongovernment organizations at secretary of foreign affairs, and Dr. Deng has served his country, conferences for international Mexico’s representative to numer- the Sudan, as minister of state for agreements. ous international organizations and foreign affairs, ambassador to the conferences. Scandinavian countries, ambassador ■ The Honorable Richard J. to Canada, ambassador to the Goldstone, justice of the ■ Whitney R. Harris is best known United States, and permanent Constitutional Court of South as a former trial counsel for the representative to the United Africa, is another legendary figure International Military Tribunal at Nations. Equally distinguished as in international criminal justice. In Nuremberg and for his classic book a diplomat and a scholar, he has the 1990s alone, Justice Goldstone written numerous influential books. chaired the Commission of Inquiry He has held visiting academic ap- regarding public violence and pointments at Yale and New York intimidation (the Goldstone Com- Universities and has been a senior mission), served as the first func- fellow at the Brookings Institution. tioning chief prosecutor of the United Nations International ■ David W. Detjen, a partner at Criminal Tribunals for the former Walter, Conston, Alexander & Yugoslavia and Rwanda, chaired Green, the New York office of the international experts task force Alston & Bird LLP, is a distinguished that drafted the Declaration of international lawyer who represents Human Duties and Responsibilities European clients in international for the director general of business transactions. He has writ- UNESCO (the Valencia ten several books, including The Declaration), and chaired the Germans in Missouri, 1900–1918 and International Independent Inquiry legal handbooks published in the on Kosovo. During a portion of Justice Richard J. Goldstone

33 on Nuremberg, Tyranny on Trial, world events. For six years he now in its third edition. He has moderated America and the World been a professor of law at Southern on National Public Radio. He Methodist University, the author of continues to write editorials for numerous other books and articles, the Christian Science Monitor and the executive director of the other newspapers. American Bar Association, a ■ successful attorney, and a delegate Dr. Charlotte Ku, a respected to the 1998 Rome Convention for international law scholar, is the International Criminal Court. executive vice president and executive director of the American ■ Richard C. Hottelet, the renowned Society of International Law. She CBS foreign correspondent, was a has taught at the University of young journalist when he covered Virginia and at Johns Hopkins Germany from 1938 until well into University, is a member of the the war, eventually finding himself Council on Foreign Relations, M. Cherif Bassiouni imprisoned by the Gestapo for four and formerly chaired the board of months. Beginning in 1944, he directors of the Academic Council ■ Susan F. Martin directs the served in Edward R. Murrow’s on the United Nations System. Institute for the Study of London bureau. Mr. Hottelet has International Migration at ■ also covered the great events of Anthony Lewis, the renowned Georgetown University. She is the Cold War, great crises at the syndicated columnist for the New the former executive director of United Nations, and other major York Times, has twice been awarded the United States Commission on the Pulitzer Prize for journalism. Immigration Reform (better known Formerly chief of the New York Times as the Barbara Jordan Commission) London bureau, he has written and the former research director several books on constitutional for the U.S. Select Commission on law and the American political Immigration and Refugee Policy. landscape, has been a lecturer at A historian by training, she has Harvard Law School, and has held taught at Brandeis University and the James Madison Visiting Profes- the University of Pennsylvania. sorship at Columbia University Dr. Martin is one of the world’s since 1983. leading scholars and consultants on international migration and refugee ■ The Honorable Herbert H.P. Ma, policies. She has performed many the Law Foundation Professor of years of field work in war zones Law at National Taiwan University, and other traumatized regions. is a former grand justice of Taiwan’s highest court. He has written six ■ The Right Honorable Sir Geoffrey books, some in Chinese and some Palmer is the former prime minister Herbert H.P. Ma in English. His treatise, General of New Zealand, after having Principles of Private International Law, is served as attorney general, minister now in its 12th edition. He has of justice, leader of the House of visited at Columbia University; Representatives, and minister of the Harvard University; the University environment. A prolific scholar, he of Washington; and several other has held professorships at Victoria universities in Austria, Hong Kong, University of Wellington and the France, Canada, and the People’s University of Iowa. Sir Geoffrey Republic of China.

34 has served as an ad hoc judge of the International Court of Justice. Today he is a distinguished international lawyer and a member of Her Majesty’s Privy Council.

■ Asha Ramgobin, a prominent South African public interest lawyer, is professor of law and director of the Law Clinic at the University of Natal– Durban. She is also presi- dent of the Legal Aid Organisations of South Africa, and co-founder and trustee of the Asso- Paul P. Craig and Ruth Wedgwood ciation of University Legal Aid Institutions of South Africa Trust. Relations, director of research ■ Joseph H. Weiler, until recently the ■ The Honorable Patricia M. Wald, for the American Society of Manley Hudson Professor and Jean judge of the United Nations International Law, and vice Monnet Professor at Harvard International Criminal Tribunal president of the American Branch University, is now the faculty for the former Yugoslavia, was of the International Law Asso- director of the Global Law School previously the chief judge of the ciation. She is a distinguished and Program at New York University. United States Court of Appeals for prolific international law scholar, A distinguished and prolific scholar the D.C. Circuit. She has been a investigator, and negotiator. in comparative law, international prolific and respected scholar in law, and European law, Professor such diverse fields as criminal Weiler is co-director of the Acad- justice, juvenile law, mental emy of European Law at the disability law, poverty and public European University Institute in interest law, administrative law, Florence, professor at the College constitutional law, judicial process, of Europe in Belgium, a fellow of and women and the law. Judge the American Academy of Arts and Wald has played key roles in Sciences, and a founding editor of countless professional associations, the European Journal of European Law national commissions, and legal and the World Trade Review. He is a reform efforts in the United States member of numerous advisory and overseas. She has received boards, councils, and scientific many professional awards. committees. ■ Ruth Wedgwood is professor of international law at Yale Law School, a senior fellow for inter- Judge Patricia M. Wald national organizations and law at the Council on Foreign

35 YOUR SUPPORT

While still young, the Institute’s exciting programs of education, research, and community service are already helping to promote global under- standing and to prepare our graduates to address the needs of a new international era. These are our contributions to peace, justice, security, and a better world for ourselves, our children, and generations to come.

It is our intention to evolve into one of the world’s premier international legal centers—an achievable goal, with adequate resources. We are immensely grateful to our many generous friends who have made the early success of the Institute possible. How You Can Help ■ UNRESTRICTED INSTITUTE GIFTS Cash Nickerson These gifts allow the director the flexibility to allocate funds to the Institute’s most pressing needs. Among other things, unrestricted gifts permit the director to move quickly to secure speakers of interest to “My wife and I were delighted the entire community or to design a program responsive to rapidly to sponsor the Institute’s grand emerging issues. inaugural colloquium on ‘The United Nations and the Protection ■ SPECIAL INSTITUTE GIFTS of Human Rights.’ You managed These gifts are designated for specific purposes of particular interest to gather together some of the to the donor. They can include sponsoring and naming a particular most extraordinary statesmen and conference, an Institute publication, a speaker series, a debate series, other human rights authorities or a visiting scholar program. A major gift can also be made to name in the world, and the result was the Institute’s physical facilities or to name the Institute itself. magnificent. We also appreciated your kind public recognition Like other gifts to Washington University, all gifts to the Institute of our contribution. It’s clear to for Global Legal Studies are tax deductible. They are much appreciated me that the Institute is rapidly and go far toward helping us promote the kind of constructive international ascending to the ranks of the understanding that remains our ultimate objective. world’s most renowned centers of international legal studies, and If you would like to discuss any of the many ways—including naming I can only say that we are proud opportunities—in which you can support the work of the Institute, please to be part of its growing success.” contact the Institute’s director:

Steven Cash Nickerson, Professor Stephen H. Legomsky Class of 1985, Chairman and CEO Washington University School of Law of Team Mucho, Inc., Nasdaq TMOS Campus Box 1120 One Brookings Drive St. Louis, MO 63130-4899 USA Telephone: 314-935-6469 Fax: 314-935-5356 E-mail: [email protected]

36 Photo Credits: Washington University Photographic Services and Washington University School of Law Janite Lee Reading Room photo inside the front cover and Anheuser-Busch Hall photo above © Peter Aaron/Esto Institute for Global Legal Studies Campus Box 1120 One Brookings Drive St. Louis, Missouri 63130-4899 Telephone: (314) 935-7988 Fax: (314) 935-7961 E-mail: [email protected] http://law.wustl.edu