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18 Emory Int'l L. Rev. 53 (2004)
The Remedy of Apology in Comparative and International Law: Self-Healing and Reconciliation

handle is hein.journals/emint18 and id is 59 raw text is: THE REMEDY OF APOLOGY IN COMPARATIVE AND INTERNATIONAL LAW: SELF-HEALING AND RECONCILIATION Hilary K. Josephs* PRtCIS This Article explores the role of apology in both the comparative and international context, building upon the pioneering analysis of Hiroshi Wagatsuma and Arthur Rosett. From their observation of Japanese and American societies, Wagatsuma and Rosett theorize that apology made with sincerity and commitment is an effective form of dispute resolution across cultures. Lawsuits might be avoided entirely if people apologize to those they have wronged.1 This thesis is extended to the realm of international law and international relations. Two judicial opinions, one by a Japanese court and the other by the International Court of Justice, are offered in support of the proposition that the bombings of Hiroshima and Nagasaki constituted grave violations of the law of armed conflict. This Article proposes that the United States initiate a cycle of virtue * Professor of Law, Syracuse University College of Law. This Article developed out of a presentation at the Roundtable, Sharing Scholarship on East Asian Law, Harvard Law School, May 16-18, 2003. This presentation was entitled Apology: Here and There, Now and Then: Reflections on Wagatsuma & Rosett. The Roundtable was convened by William Alford and Mark Ramseyer to honor Arthur Rosett upon his retirement from the UCLA School of Law. This Article is dedicated to Arthur for his kind mentoring of so many people in the Asian law field, myself included. In the preparation of this Article, I have received gracious assistance from the following people (alphabetical by surname): Michiko Aoki, Hiroshi Asako, Rob Britt, Daniel Foote, Fumio Ito, Bill McCloy, William Wiecek, Tomoki Yamabayashi, and last but not least, Toshinori Yamada. As always, the Syracuse University Law Library was unfailing in its support, for which I thank Alissa DiRubbo, Tom French, Ted Holynski, Wendy Scott, and Eric Shute. My research assistants, M.T. Soltis and Andy McNeil, were enthusiastic and resourceful. However, I alone am responsible for any errors and the opinions expressed. 1 See Hiroshi Wagatsuma & Arthur Rosett, The Implications of Apology: Law and Culture in Japan and the United States, 20 LAw & Soc'Y REV. 461, 487-88 (1986).

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