Whitney R. Harris World Law Institute Celebrating Our 10th Year Feature: The Proposed International Convention on the Prevention and Punishment of Crimes Against Humanity WHITNEY R. HArrIS WORLD LAW INSTITUTE INTERNATIONAL COUNciL THE WORK OF THE HARRIS INSTITUTE AT PROFESSOR JUNG-GUN KIM Former Dean, Yonsei University Washington University School of Law is College of Law and Graduate School guided by an active International Council, of Law and Intellectual Property 1 DEAN’S LETTER consisting of leading scholars, practitioners, ANTHONY LEWIS Kent D. Syverud and jurists from around the world. Former syndicated columnist, New York Times ELIZABETH ANDERSEN THE HONORABLE PROFESSOR HERBERT H.P. MA 2 CELEBRATING OUR FIRST 10 YEARS Executive Director & Executive Vice President, Former Grand Justice, Taiwan Judicial Yuan Leila Nadya Sadat American Society of International Law PROFESSOR SUSAN F. MARTIN THE HONORABLE JOHN B. ANDERSON Donald G. Herzberg Associate Professor of 6 CASH NICKERSON: President & CEO, World Federalist Association International Migration, Georgetown University NEGOTIATING A BETTER WORLD THE HONORABLE LOUISE ARBOUR STEVEN CASH NickERSON Former U.N. High Commissioner for Human Rights EVP, CFO, and General Counsel, 8 THE CRIMES AGAINST PDS Technical Services, Inc. THE HONORABLE JORGE ARRATE HUMANITY INITIATIVE Former Cabinet Minister, Chile HiS EXCELLENCY, JUDGE HiSASHI OWADA Judge, International Court of Justice PROFESSOR M. CHERIF BASSIOUNI 12 REMEMBERING President Emeritus, International Human Rights THE RiGHT HONORABLE SiR GEOFFREY PALMER WHITNEY R. HARRIS Law Institute, DePaul University College of Law Former Prime Minister, New Zealand PROFESSOR GEORGE A. BERMANN PROFESSOR ASHA RAMGOBIN 17 JUSTICE FOR EAST TIMOR Jean Monnet Professor of EU Law, Walter Executive Director, Human Rights Development AND BEYOND Gelhorn Professor of Law, Columbia University Initiative, South Africa THE HONORABLE PROFESSOR RUDOLF BERNHARDT THE HONORABLE PATRiciA M. WALD 18 BASSIOUNI RECEIVES Former President, European Court of Human Rights Former Judge, U.N. International Criminal Tribunal for the Former Yugoslavia, and former Chief Judge, WORLD PEACE THROUGH PROFESSOR RAJ BHALA U.S. Court of Appeals, D.C. Circuit LAW AWARD Raymond F. Rice Distinguished Professor of Law, University of Kansas PROFESSOR RUTH WEDGWOOD Edward B. Burling Professor of International Law 20 NOTES FROM THE FIELD PROFESSOR PAUL P. CRAIG and Diplomacy, Johns Hopkins University Professor of English Law, Oxford University PROFESSOR JOSEPH H.H. WEILER 26 HARRIS INSTITUTE EVENTS PROFESSOR FRANciS MADING DENG Jean Monnet Professor of Law, Chair, and Faculty Research Professor of International Politics, Law Director of the Hauser Global Law School Program, and Society, Johns Hopkins University School of 28 AMBASSADORS PROGRAM New York University School of Law Advanced International Studies OFFERS GLOBAL, REAL-WORLD PERSPECTIVES DAVID W. DETJEN Partner, Alston & Bird LLP *** 30 FOUR FACULTY MEMBERS THE HONORABLE RicHARD J. GOLDSTONE THOMAS M. FRANck AWARDED FULBRIGHTS Former Justice, Constitutional Court of South Africa, 1931–2009 and former Chief Prosecutor, International Criminal Tribunals for the Former Yugoslavia and Rwanda WHITNEY R. HARRIS 32 LEADING INTERNATIONAL 1912–2010 AMBASSADOR AÍDA IVONE GONZÁLEZ MARTÍNEZ SCHOLARS PRESENT Former Chairperson, U.N. Committee for the CUTTING-EDGE RESEARCH Elimination of Discrimination Against Women 35 INTERNATIONAL OPPORTUNITIES WHitNEY R. HARRIS WORLD LAW INStitUTE MAGAZINE IN MEMORIAM: PROFESSOR THOMAS M. FRANCK ABOUND FOR STUDENTS Professor Thomas M. Franck, a prominent expert in Leila Nadya Sadat, Henry H. Oberschelp Professor international law and a member of the Harris Institute’s 40 AMERICAN TRUST LAW of Law and Harris Institute Director International Council, died on May 27, 2009. He was 77. IN A CHINESE MIRROR Shelly Ford, Harris Institute Frances H. Foster Professor Franck was the Administrative Coordinator Murry & Ida Becker Professor Ann Nicholson, Managing Editor of Law Emeritus at New York 42 JUDICIAL REVIEW IN JAPAN University, where he taught David S. Law Ryan Rhea, Editor from 1957 until his retirement in 2002. Founding director of Erin Kawell, Designer/Art Director 44 THE ROLE OF FOREIGN the Center for International Studies at NYU, he was the AUTHORITY IN CONSTITUTIONAL Scott Hueting, Designer/Production Artist author of numerous books INTERPRETATION Mary Butkus, Bill Mathews, Andres Alonso, and many scholarly articles Melissa A. Waters Afbeelding Photography, Whitney Harris Collection on international law. and WUSTL Photographic Services, Photography A refugee from Nazi Germany, Professor Franck dedi- 46 AFRICA AND THE REVIEW Direct Communications to: cated his career to the cause of international human CONFERENCE FOR THE Shelly Ford rights. He served as a legal adviser to many foreign INTERNATIONAL CRIMINAL COURT Harris Institute Administrative Coordinator governments and worked on the constitutions for Leila Nadya Sadat Washington University School of Law several African nations: Tanganyika and Zanzibar, Campus Box 1120 which became Tanzania; Rhodesia, now Zimbabwe; One Brookings Drive and Sierra Leone. Additionally, he was an ad hoc judge 48 SELECTED INTERNATIONAL St. Louis, MO 63130-4899 and advocate before the International Court of Justice. AND COMPARATIVE (314) 935-7988 From 1995 to 2007, he served as counsel to Bosnia LAW SCHOLARSHIP [email protected] in the case against Serbia concerning the massacre of about 8,000 Bosnians in Srebrenica. DEAN’S LETTER N THIS GLOBAL AGE of legal education McDonnell International Scholars Academy, which and law practice, it is reassuring to know is devoted to developing future global leaders. that 10 years ago Washington University The Harris Institute and the Crimes Against School of Law was at the vanguard of Humanity Initiative are both headed by Professor schools creating centers on international Leila Nadya Sadat, whose tireless commitment to legal issues. This magazine celebrates the the project has been essential to its ultimate success. Ifirst decade of our Whitney R. Harris World Law Indeed, the Harris Institute owes its success today Institute, which today is among the top interna- to not only our generous sponsors, including Whit- tional and comparative law centers in the world. ney and Anna Harris and Cash Nickerson, but also Named after former Nuremberg prosecu- to the visionaries who established it 10 years ago— tor Whitney R. Harris, the Harris Institute has Professor Stephen Legomsky, the founding director; expanded from sponsoring cutting-edge conferences Chancellor Mark Wrighton; and Joel Seligman, my and scholarship to spearheading one of predecessor as dean. I am pleased that under the the most ambitious projects ever under- tenure of subsequent directors John Haley, and now taken by a law school in the field of Leila Sadat, the Harris Institute has continued to international law, the Crimes Against grow and thrive, conducting substantive research Humanity Initiative. As you will read and offering programs for students, a world-class in this magazine, this ground-breaking speaker series, and an ambassador’s program bring- initiative has drawn upon the expertise ing foreign policy perspectives to the law school. of some of the world’s most renowned While we miss Whitney Harris who passed away in international legal practitioners, judges, April, we remain forever inspired by his unflagging and scholars to create a proposed con- fight for international justice and vision of a world vention for the condemnation and pre- united under the rule of law. vention of such crimes. As we celebrate the Harris Institute’s 10th year, I It is fitting that the Harris Institute hope you will enjoy reading about its many exciting is based at our law school, which has programs and projects. I would also like to take this an extraordinary array of international assets and time to congratulate its faculty and staff and to wish programs, including talented faculty, an increas- it well in the coming years. ingly global alumni base, and both students from abroad and traditional law students interested in transnational legal issues. The Harris Institute’s Kent Syverud work dovetails with other exciting initiatives, such Dean of the Law School, as our Transnational Law Program, Executive LLM Ethan A.H. Shepley University Professor, Program, and Summer Institute for Global Justice. and Associate Vice Chancellor of It also builds upon other Washington University Washington, D.C., Programs partnerships and outreach efforts, including the Whitney R. Harris World Law Institute Magazine F A L L 2 0 1 0 | 1 DIRECTOR’S LETTER Anna Harris, Whitney R. Harris, and Chancellor Mark Wrighton at the Harris Institute naming 2000–2010: ceremony in 2002 Celebrating His Excellency Hisashi Owada, International Court of Justice Our First Ten Years Frederick O. Hanser, JD ’66, T IS WITH GREAT PLEASURE St. Louis Cardinals, right, that I welcome you to this with Yoshihiko Miyauchi, Kobe ORIX Bluewaves special 10th Anniversary Commemorative Edition of the Harris Institute Magazine. As I reflect Iback on the tremendous accom- plishments of the Harris Institute’s first decade, it seems appropriate From left: H.R.H. Prince to recognize and honor all of those Zeid Ra’ad Al-Hussein of Jordan, with special who worked together to establish guest Mrs. Treiman, what has now become one of the LEILA NADYA SADAT Whitney R. Harris, and Henry H. Oberschelp Professor premier centers in the United States