Jonathan C. Hamilton, “The Lessons of International Law in Practice,” Remarks, Virginia Journal of International Law, Charlottesville, Virginia (2004)

These are remarks delivered at the annual banquet of the Virginia Journal of International Law the University of Virginia.

It’s a pleasure to be back home at UVa.  I recently returned from an arbitration hearing at the World Bank offices in Paris, and Paris is nice, but nothing beats springtime in Charlottesville.  Lee has invited me to share a few thoughts about the lessons of international law in practice.

The Journal has contributed immeasurably to my legal practice.

• As a law student, I managed to procure a foreign associate spot with a law firm in Lima, Peru. When I arrived on my first day, I was introduced to all of the partners, ending with a partner who promptly told me that he agreed to act as my mentor when he noted on my c.v. that I was a member of the VJIL editorial board. He then referred me to an article he had published in VJIL some years earlier regarding Recognition and Enforcement of Foreign Judgments in Latin American Countries: An Overview an Update.

• As a federal law clerk, I was fishing for answers in a case involving a cross-border contract dispute. I found answers in a VJIL article on the Inter-American Convention on Letters Rogatory.

• As an associate of White & Case, initially in New York City, I got one of my first projects, an analysis of sovereign immunity over the entirety of U.S. legal history, from a former VJIL board member. I also concluded an article written with Judge Charles Brower, also of the Board of Advisors of the Journal and a former White & Case partner, with an approving block quote from an article by Professor Paul Stephan regarding The Futility of Unification and Harmonization in International Commercial Law, part of the Fifteenth Sokol Colloquium. VJIL ties were part of how I ended up practicing south of the border for three years at our Mexico City office. And VJIL ties assisted in facilitating my relocation to Washington, DC, as of 2003.

• At various times, I have drawn on other VJIL issues, such as Volume 11, Symposium on Foreign Investment in Latin America. Just two weeks ago, in preparations for that hearing in Paris, I discussed a fascinating VJIL article with a client in Europe. See Volume 38, Number 4, Andrew T. Guzman, Why Less Developed Countries Sign Treaties That Hurt Them: Explaining the Popularity of Bilateral Investment Treaties.

Suffice it to say, I can’t imagine law school or law practice without the Virginia Journal of International Law. In fact, at the first day of Law School orientation at the University, when Dean Robert Scott mention VJIL, I looked at a new friend and said: let’s do that. For those of you on the Journal, take advantage of the opportunities VJIL affords to you.

• While you are in school, keep in mind that you are at once tending to a proud tradition, and also enjoying the chance to leave your mark. I would just highlight one example in this regard.

• Last year, I was the beneficiary of three decades of hardbound VJIL volumes from the Washington office of White & Case, which has long supported the Journal. It did wonders for my legal library, but it is a sign of caution for the Journal. Subscribers no longer always want to pay for and store bulky volumes in expensive office space. And with a subscriber base that spans the globe, I would guess that holds true from Argentina and Zambia. Decades of bound volumes of the Virginia Journal of International Law will always be with me.

• So my kind suggestion to the new Board is to build on the work of the outgoing board and recent boards and consider from the outset how VJIL can adapt best to the age of the Internet.

For those of you wrapping up your VJIL experience, and trying to get issues out the door, please remember to support the Journal in the years to come.

• Remember that you can continue to support VJIL through recruiting efforts, designations of your annual giving and, yes, downloading an article from Westlaw from time to time.

• There are many ways to remain a friend of the Journal.

There is no better example of a dedicated supporter and friend of the Journal than Professor John Norton Moore who is here tonight.

• His many noteworthy contributions to the Journal over the years include articles such as Toward a New Paradigm: Enhanced Effectiveness in United Nations Peacekeeping, Collective Security and War Avoidance, Volume 37, Number 4, which my Board had the pleasure of publishing.

• He has made other important contributions to the Journal, as well, such as the gift of an elegant conference table and chairs for the then offices of the Journal. Years later, I am still not quite sure about the propriety of this gift under international law given that the chairs are marked “Property of World Bank.” But I seem to recall there was at least legitimate explanation for that. It made a difference for our routine staff meetings, and when taking breaks from throwing darts.

• In all seriousness, Professor Moore should known to students of international law and how it intersects with U.S. foreign affairs: Professor of Law and Director of the Center for National Security Law and Center for Oceans Law and Policy; six presidential appointments, including chairman of the board of the United States Institute of Peace; Principal legal adviser to the Ambassador of Kuwait during and after the Gulf War; Counselor to the State Department; and a generous host to innumerous students enrolled in his international law seminars.

Thank you.

Decades of bound volumes of the Virginia Journal of International Law will always be with me.

Jonathan C. Hamilton