{"id":1739,"date":"2007-01-01T09:06:49","date_gmt":"2007-01-01T13:06:49","guid":{"rendered":"http:\/\/www.journals.law.harvard.edu\/ilj\/site\/?p=1739"},"modified":"2011-08-04T08:14:47","modified_gmt":"2011-08-04T12:14:47","slug":"issue_48-1_vagts","status":"publish","type":"post","link":"https:\/\/journals.law.harvard.edu\/ilj\/2007\/01\/issue_48-1_vagts\/","title":{"rendered":"Louis B. Sohn"},"content":{"rendered":"<p>With  the passing of Louis Sohn, we have lost almost the entire cohort of  international lawyers who were \u201cpresent at the creation.\u201d This phrase,  which is the title of Dean Acheson\u2019s autobiography,<sup><sub><a href=\"#FN1\">1<\/a><\/sub><\/sup> refers to the lawyers having been involved in the planning, drafting,  and implementation of the post\u2013World War II international system. This  was an exhilarating achievement after the gloom of the international  anarchy of the 1930s and the horrors of World War II. The founding of  the United Nations, the International Monetary Fund, and other  organizations gave participants the satisfaction of having done  something truly constructive. It left that cohort with a sense of  accomplishment and great optimism about the future. The cohort comprised  both veteran international lawyers and recent law school graduates.  Louis was in an excellent position to observe and provide research  support for these projects as the following autobiographical passage  illustrates:<\/p>\n<blockquote><p>Dr. Ricardo J. Alfaro . . . was asked by  William Draper Lewis, the Director of the American Law Institute in  1942, to participate in drafting a statement on essential human rights  that would implement President Roosevelt\u2019s Four Freedoms. Alfaro was a  friend of Manley O. Hudson, Bemis Professor of International Law at  Harvard Law School, and came to see him about it. During the  conversation, he asked whether Hudson knew about any previous drafts of  international declarations on human rights. I was Hudson\u2019s assistant at  that time and was sitting across the table from them working on the book  on international tribunals. Hudson looked at me and, in his usual  style, said: \u201cLouis, find one for him.\u201d . . . I glanced behind me, and  there was a collection of the Hague Academy\u2019s <em>Receuil des Cours<\/em>. [I found a reference to the 1929 declaration of the <em>Institut de Droit International<\/em>]  and in a few minutes was able to hand Alfaro the text of the  declaration. He took notes, thanked us and departed. Of course, this  visit stimulated my interest in human rights. . . .<sub><sup><a href=\"#FN2\">2<\/a><\/sup><\/sub><\/p><\/blockquote>\n<p>These  internationalists thereafter worked to maintain the institutions thus  created, despite the difficulties they encountered. Louis focused on the  United Nations, where he became the expert. Those who survived into the  1990s saw their optimism vindicated by the end of the Cold War and the  development of cooperation between the former \u201cevil empire\u201d and the  Western community. Events beginning with the attack on Iraq in 2003  without the blessing of the Security Council have been devastating to  that optitism. A new generation of international law scholars has  emerged that welcomes the destruction of all obstacles to the United  States\u2019 exercise of its hegemonic powers. One rather hopes that Louis  never really absorbed the degree to which his system was shattered by  those events.<\/p>\n<p>Louis Sohn played an active role in public affairs  and saw success come to several ventures. He was able to make headway on  political fronts in alliance with various charismatic people. His work  was important in the creation of the Foreign Sovereign Immunity Act of  1976, with the principal public role played by Monroe Leigh, the Legal  Adviser, who had finely honed Washington bureaucratic and congressional  skills. Louis contributed significantly to the formulation of a text for  the U.N. Convention on the Law of the Sea, though the bureaucratic and  political work fell to the lot of John Stevenson, a polished Wall Street  lawyer. In his less successful efforts to build a more effective United  Nations, Louis was associated with Grenville Clark, whom he  characterized in his memorial address as \u201ca patrician gentleman.\u201d<sup><sub><a href=\"#FN3\">3<\/a><\/sub><\/sup> Louis, as co-reporter, was also a major participant in the work of the American Law Institute on the <em>Restatement (Third) of the Foreign Relations Law of the United States<\/em>.  Louis was elected to such important posts as the presidency of the  American Society of International Law (1988\u20131989) and chair of the  international law section of the American Bar Association (1992\u20132003).  One of the topics Louis dedicated his pioneering efforts to was the law  of human rights. While it would have appealed to him in any case, his  own experience in escaping Poland in 1939 on the last boat from Gdansk  coupled with what happened to those who could not leave must have given  him an added impetus. In this, his experience paralleled that of Thomas  Buergenthal, with whom he collaborated extensively. It was a major  innovation in international law to think that a state has duties to  treat its own nationals humanely, and it is much to Louis\u2019s credit that  he saw the possibilities and challenges so early.<\/p>\n<p>As a teacher,  Louis remained in a European mode. He was not a charismatic teacher in  large classes, although he delivered clear and precise lectures. His  outstanding impact was on graduate students with whom he acted as a <em>Doktorvater<\/em>.  He sympathized with their struggles, doubtless remembering his rather  difficult early years at Harvard Law School when he arrived in Cambridge  without any resources or backing. He pressed his students hard and led  them deep into the world of learning that he had accumulated. Louis and I  supervised a student\u2019s thesis having to do with the exploitation of  mineral resources in the deep seabed when the boundaries were in dispute  between two nations. Louis pressed him so hard in his research of the  maritime boundary issues that the student had trouble fitting in the  reading on issues of oil and gas law that he needed to complete my part  of the research. In any case, the student, now an important public  servant in his home country, became a loyal devotee of Louis, as did an  impressive string of doctoral degree holders. It is significant that  when the shadows lengthened on Louis\u2019s life, it was these graduate  students who communicated their concern, who visited Louis when that  seemed to be useful, and who passed on the news about his situation. One  of Louis\u2019s most passionate relationships was with books. He was, in a  sense, the ultimate international law scholar of the Gutenberg epoch  with a voracious appetite for reading and a tenacious memory. For one  thing, he had an enormous collection of U.N. documents, a body that grew  relentlessly from its modest beginnings in the 1940s to a mountain of  paper thirty years later. Colleagues were surprised when he could reach  into the mountainous pile and pull out exactly the document that they  needed. When he left Harvard to go to Georgia in 1981, the Mayflower  moving company summoned its largest sixteen-wheeler to move that  collection. When I asked the driver if he could handle the challenge, he  said that the truck could manage it, but expressed some concern about  one or two bridges near Athens, Georgia.<\/p>\n<p><strong> <\/strong><\/p>\n<p>The roll of honors that  Louis accumulated during his career includes almost every award  available in the field, and he deserved them all. They included the  Manley O. Hudson Medal of the American Society of International Law, the Leonard Theberge Award from the American Bar Association, and enough  honorary doctorates to entitle him to write, as some German dignitaries  do, \u201cDr. h.c. mult.\u201d<sup><sub><a href=\"#FN4\">4<\/a><\/sub><\/sup> But his real prize was the esteem and affection with which his students  and colleagues regarded him. We will not see his like in the years to  come.<\/p>\n<p><span style=\"text-decoration: underline;\"><br \/>\n<\/span><a name=\"FN1\"><\/a><sup><sub>1<\/sub><\/sup> D<span style=\"font-size: xx-small;\">EAN<\/span> A<span style=\"font-size: xx-small;\">CHESON<\/span>, P<span style=\"font-size: xx-small;\">RESENT<\/span> <span style=\"font-size: xx-small;\">AT<\/span> <span style=\"font-size: xx-small;\">THE<\/span> C<span style=\"font-size: xx-small;\">REATION<\/span>: M<span style=\"font-size: xx-small;\">Y<\/span> Y<span style=\"font-size: xx-small;\">EARS<\/span> <span style=\"font-size: xx-small;\">IN<\/span> <span style=\"font-size: xx-small;\">THE<\/span> S<span style=\"font-size: xx-small;\">TATE<\/span> D<span style=\"font-size: xx-small;\">EPARTMENT<\/span> (1969).<br \/>\n<a name=\"FN2\"><\/a><sup><sub>2<\/sub><\/sup> Louis B. Sohn, <em>How American Lawyers Prepared for the San Francisco Bill of Rights<\/em>, 89 A<span style=\"font-size: xx-small;\">M<\/span>. J. I<span style=\"font-size: xx-small;\">NT&#8217;L<\/span> L. 540, 546\u201347 (1995).<br \/>\n<a name=\"FN3\"><\/a><sup><sub>3<\/sub><\/sup> Louis B. Sohn, <em>Memorial: Grenville Clark<\/em>, 61 A<span style=\"font-size: xx-small;\">M<\/span>. S<span style=\"font-size: xx-small;\">OC&#8217;Y<\/span> I<span style=\"font-size: xx-small;\">NT&#8217;L<\/span> L. P<span style=\"font-size: xx-small;\">ROC<\/span>. 216, 217 (1967).<br \/>\n<a name=\"FN4\"><\/a><sup><sub>4<\/sub><\/sup> \u201cMany honorary doctorates.&#8221;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>With the passing of Louis Sohn, we have lost almost the entire cohort of international lawyers who were \u201cpresent at the 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