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74 Ind. L.J. 1397 (1998-1999)
How Is International Human Rights Law Enforced

handle is hein.journals/indana74 and id is 1407 raw text is: How Is International Human Rights Law
Enforced?t
Addison C. Harris Lecture
January 21, 1998
HAROLD HONGu KOH
I am greatly honored to deliver this distinguished Lecture, particularly given the
illustrious list of lecturers who have preceded me to this podium.' My own path to
this podium began in Washington, D.C., where as a private lawyer I specialized in
issues of international business and trade law: what most American law schools
now think of as international business transactions.2 But even while working on
these matters, I became increasingly diverted toward the novel, growing field of
international human rights. While in private practice in the early 1980s, I became
involved in the representation of the American hostages who had been held for 444
days in the U.S. embassy in Tehran. Once starting an academic career, I took
occasional forays into international human rights advocacy,4 but my main focus
remained on the law of international business transactions and United States foreign
policy, two examples of what Henry Steiner and Detlev Vagts have felicitously
dubbed Transnational Legal Problems.'
t ) 1999 Harold Hongju Koh.
* Gerard C. and Bernice Latrobe Smith Professor of International Law and Director, Orville
H. Schell, Jr. Center for International Human Rights, Yale Law School (on leave), Assistant
United States Secretary of State, Democracy, Human Rights and Labor. These remarks were
originally delivered as the January 1998 Addison Harris Lecture at the University of Indiana School
of Law-Bloomington. They grow out of a chapter in a forthcoming book entitled Why Nations
Obey: A Theory of Compliance With InternationalLaw, which I am writing under the auspices
of the Century Foundation and the Guggenheim Foundation. This Lecture also shares thoughts
with my 1998 Frankel Lecture at the University of Houston Law Center, Houston, Texas, and the
1997 Waynflete Lectures at Magdalen College, Oxford University. I am deeply grateful to Dean
Alfred Aman, Acting Dean Lauren Rebel, Dean Kelly Townes, Professor David Williams, the
Harris Lecture Speaker's Committee, and the Editors of the Indiana Law Journal for their
enormous hospitality while I was in Hoosier country.
Not long after delivering this Lecture, I was nominated and confirmed as Assistant Secretary for
Democracy, Human Rights and Labor in the Clinton Administration. These lightly edited remarks,
which have been footnoted for publication, obviously represent only my own views, and not
necessarily those of the United States Department of State.
1. Past Harris lecturers include my former Harvard professors Paul Bator and Charles Fried,
as well as my current Yale colleagues Guido Calabresi, Owen Fiss, Jules Coleman, and Robert
Gordon.
2. See genera//y Harold Hongju Koh, InternationalBusiness Transactions in United States
Courts, 261 RECUBILDES COURS 13 (1996).
3. See Persinger v. Islamic Republic of Iran, 729 F.2d 835 (D.C. Cir. 1984).
4. See, e.g., David Cole et al., Interpreting the Alien Tort Statute: Amicus Curiae
Memorandum of International Law Scholars and Practitioners in Trajano v. Marcos, 12
HASTINGS INTL & CoN,,. L. REv. 1 (1988).
5. See generaty HENY J. STEINRR ETAL,  RsNATIONAL LEGAL PRoBLEMS (4th ed. 1994).

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