New York University Law School Library Guide to the Thomas M. Franck Papers (1992-2010) This collection is accessible by appointment only. Please call to make an appointment. New York University Law School Library 40 Washington Square South New York, NY 10012 Phone: (212) 998-6600 www.law.nyu.edu/library Table of contents: Summary Information 2 Access Restrictions 2 Use Restrictions 2 Preferred Citation 2 Processing Information 2 Acquisition Information 2 Access Points 2-3 Biographical Information 3 Scope and Content of Collection 3 Arrangement of the Collection 3-5 Container List 6-17 Discarded Material from the Collection 17-24 Rules for Handing the Collection 25 Notice Warning Concerning Copyright Restrictions 25 Summary information: Creator: Thomas M. Franck Title: The Thomas M. Franck papers Dates: 1992-2010, bulk: 1992-1998 Abstract: Legal files resulting from Franck’s involvement with several International Court of Justice cases, materials relating to courses he taught, and other research materials. Quantity: 8.5 linear ft. Access restrictions: Collection is partially restricted. See container list for specifically restricted material. Use restrictions: There may be restrictions on the use of this collection. Requests for permission to publish material should be directed to the reference desk: (212) 998-6600. Preferred citation: Identification of item, date; Thomas M. Franck Papers; box number; folder number; New York University School of Law Library. Processing information: Processed by Kate Dundon in 2010-2011. Finding aid by Kate Dundon in 2011. Acquisition information: Donated by Martin Daly, partner to Thomas Franck, in February 2010. Access points: Names: Franck, Thomas M. Subjects: Convention on the prevention and punishment of the crime of genocide Genocide--Bosnia and Herzegovina Genocide--History--20th century Genocide--Prevention Genocide--Research International criminal law International humanitarian law Malaysia--Boundaries--Singapore Malaysia--Foreign relations--Singapore Pedra Branca (Singapore) Pulau Batu Puteh (Singapore) Secession--Quebec (Province) Singapore--Boundaries--Malaysia Singapore--Foreign relations--Malaysia Territorial waters--Malaysia Territorial waters—Singapore Organizations: International Court of Justice New York University Biographical information: Thomas M. Franck (1931-2009) was a lawyer, professor, and prominent scholar and practitioner of international law, authoring over 30 books and numerous articles. He joined NYU Law faculty in 1960, became the Murry and Ida Becker Professor of Law in 1988, and taught many courses relating to international law at NYU and as a visiting professor at the University of Cambridge, Stanford University and York University. He served as the director of the NYU Center for International Studies from 1965-2002, the Vice- President of the American Branch of the International Law Association from 1973-1994, and the President of the American Society of International Law (ASIL) from 1984-1993. Franck served as council for Chad in its territorial dispute with Libya from 1992-1994, and for Bosnia and Herzegovina in its landmark case against Yugoslavia under the Genocide Convention from 1992-1995, and as an ad hoc judge for Indonesia in its dispute with Malaysia over the sovereignty over Pedra Branca/Pulau Batu Puteh from 1992-1996. He retired in 2002, but continued to teach part-time at the NYU Law School, remain active in the American Society of International Law, and wrote and consulted on various matters. Included in the collection is a file that contains various biographical pieces on Franck. Scope and content of collection: The Thomas M. Franck papers consist of a selection of his legal files relating to his involvement with two International Court of Justice cases: the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), 1993-2007, and the Sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge (Malaysia/Singapore), 2003-2008. Court documents relating to the Reference re Secession of Quebec (1998), a small amount of material relating to courses he taught at NYU Law and other law schools, and several books and ICJ reports with his notes are also included. Arrangement of the collection: The collection is organized into five series: Series I: Bosnia/Herzegovina papers (1992-2008) Sub-series 1: Research Files (1992-1994, 2008) This sub-series includes research material used by Franck as a member of the legal team representing Bosnia and Herzegovina in the Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), 1993-2008. Sub-series 2: Bosnia/Herzegovina data (1995-1997) This sub-series includes a compilation of data and a related UN publication that provides evidence of violations of international humanitarian law that was gathered and analyzed by the UN Commission of Experts to Investigate Violations of Humanitarian Law in the Former Yugoslavia. Sub-series 3: ICJ Documents (1994-1998) ICJ memorials, preliminary objections, statements, replies, and annexes to the Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Yugoslavia). Series II: Malaysia/Singapore papers (1992-2001) Sub-series 1: Official communication between Malaysia and Singapore (1992-1994, 1999, 2001) This sub-series includes records of discussion of the first and second Malaysia-Singapore consultations on Pulau Batu Puteh/Pedra Branca, memorandums of sovereignty over Pulau Batu Puteh/Pedra Branca submitted by both Singapore and Malaysia, rebuttals to Malaysia’s case submitted by Singapore, memorials submitted to the International Court of Justice by Indonesia and Malaysia, and the ICJ Judgment on the Application by the Philippines for Permission to Intervene. Franck served as a Judge Ad Hoc for this case (appointed by Indonesia) Sub-series 2: Meetings/draft memorial (1995-1996) This sub-series includes materials relating to three meetings the Singapore legal team conducted in 1995- 1996 in order to draft a memorial in defense of Singapore. Materials include, meeting agendas and minutes, memorial drafts, legal opinions, correspondence, notes, and miscellaneous primary and secondary research materials. Sub-series 3: Pedra Branca Documents (ca. 1995-1996) This sub-series includes documents that were used by the Singapore legal team in their drafting of the memorial. Documents were collated into a series of spiral bound volumes and stamped ―Personal and Confidential.‖ Series III: Quebec Secession Reference (1997-1998) In 1991-1992, Franck worked on the Bélanger-Campeau Commission and co-authored the 1992 Commission report, Territorial Integrity of Quebec in the Event of the Attainment of Sovereignty, for the Quebec Ministère des Relations Internationales. Included in this series are pleadings in The Quebec Secession Reference, with notes by Franck on the report of Michael Crawford on State Practice and International Law in Relation to Unilateral Secession. Series IV: General research materials (1967-2009) Sub-series 1: IJC documents (1972-1998) This sub-series contains International Court of Justice Reports of Judgments, Advisory Opinions and Orders from 1984-2000, some with notes, as well as various Judgments, Requests for the Indication of Provisional Measures, and other ICJ documents from 1972-1998. Arranged alphabetically by title. Note on provenance: Notes were originally taken on sticky notes, which were subsequently photocopied on the page, then discarded. Photocopied notes have been placed in folders behind each publication. ICJ documents without notes have been discarded and listed individually on the discard list. Copies of all reports can be located the Law Library using Julius. Sub-series 2: Books and other research materials (1967-2009) This sub-series contains a number of books with notes, as well as other general research materials, drafts, and correspondence. Books are arranged alphabetically by author. Note on provenance: These materials were not part of the original donation of the Thomas M. Franck Papers. They were given to the Law Library as part of a large book donation, and were subsequently transferred to the papers due to the prevalence of notes. Series V: Course work (1975, 2004, 2007) This series contains course packs and other material relating to courses Franck taught at NYU, Hastings College of the Law at the University of California in San Francisco, and the Osgoode Hall Law School at York University in Toronto, Ontario. Note on provenance: The material in this series was not part of the original donation of the Thomas M. Franck Papers. It was given to the Law Library as part of a large book donation from Franck, and was subsequently transferred to the papers. Subject file: Thomas M. Franck This folder contains various published articles about Franck that were used in the creation of this finding aid Container list: Series I: Bosnia/Herzegovina papers (1992-2008) Sub-series 1: Research Files (1992-1994) Box Folder Title and description Date 1 1 Bosnia docket, 2/18/94, 1 of 2 1994 Resolutions and reports from the UN General Assembly, Security Council, and Economic and Social Council from 1992-1994 relating to Bosnian genocide. Includes notes. Documents in this folder are listed in a research memo entitled ―Bosnia Docket (as of 2/18/94).‖ 1 2 Bosnia docket, 2/18/94, 2 of 2 1994 Resolutions and reports from the UN General Assembly, Security Council, and Economic and Social Council from 1992-1994 relating to Bosnian genocide. Includes notes. Documents in this folder are listed in a research memo entitled ―Bosnia Docket (as of 2/18/94).‖ 1 3 Bosnia docket, 2/28/94 1994 Resolutions and reports from the UN General Assembly, Security Council, and Economic and Social Council from 1992-1994 relating to Bosnian genocide. Includes notes. Documents in this folder are listed in a research memo entitled ―Bosnia Docket (as of 2/28/94).‖ 1 4 List of UN Resolutions and Reports from 1991-1994 relating 1994 to Yugoslavia 1 5 Facts, 1 of 2 1992- 1994 U.S.