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101 Geo. L.J. Online 1 (2012-2013)

handle is hein.journals/gljon102 and id is 1 raw text is: Address: Twenty-First-Century International Lawmaking HAROLD HONGJU KOH TABLE OF CONTENTS IN T R O D U C T IO N ................................................................................................................................ 1 I. OUR VARIED INTERNATIONAL LEGAL ENGAGEMENT PRACTICES ................................................. 2 A. TREATIES AND INTERNATIONAL AGREEMENTS ....................................................................... 2 B . EN SU R IN G CO M PLIAN CE ......................................................................................................... 8 C. CU STOM ARY INTERNATIONAL LAW ......................................................................................... 12 D. EMERGING MODES OF NONLEGAL UNDERSTANDINGS, LAYERED COOPERATION, AND CD IPLO M A TIC LA W TA LK . ......................................................................................................... 13 E. HYBRID PRIVATE-PUBLIC ARRANGEMENTS ............................................................................. 16 C O N C L U S IO N ................................................................................................................................. 1 8 INTRODUCTION The last time I spoke at Georgetown University Law Center was on the occasion of the eightieth anniversary of the Legal Adviser's Office, known affectionately at the State Department as L.1 I have now been the Legal Adviser at the State Department for more than three and a half years. During that time, at nearly every public event I attend, I find myself being asked questions about one issue: armed conflict. Nearly every question I am asked involves * Legal Adviser, U.S. Department of State; Martin R. Flug '55 Professor of International Law (on leave), Yale Law School. © 2012 Harold Hongju Koh. This is a lightly edited and footnoted version of the 33rd Thomas F. Ryan Lecture, which was delivered at the Georgetown University Law Center, Washington, D.C., on October 17, 2012. I am grateful to Deans Bill Treanor and Greg Klass and the Ryan Lecture Committee for including me in Georgetown's great tradition in international law and human rights, particularly the legacy of the late, great Father Bob Drinan, in whose honor I had the joy of giving the inaugural lecture for the Drinan Chair in Human Rights just a few years ago. See Harold Hongju Koh, Father Drinan's Revolution, 95 GEO. L.J. 1709 (2007). I was especially touched to meet Christine Coffey Ryan, the wife of the late Thomas F. Ryan, and her daughter, White House Fellow Missy Ryan, and to learn of the many illustrious lawyers who preceded me as Ryan Lecturer, especially my late boss, Associate Justice Harry A. Blackmun. Finally, I am grateful to my many wonderful colleagues at the Legal Adviser's Office who gave me ideas and support for this lecture, including my Deputy Sue Biniaz; my Counselors of International Law, Geoff Klineberg, Sarah Cleveland, and Bill Dodge; Assistant Legal Advisers Evelyn Aswad, Paul Dean, and Alexandra Perina; and my friends and colleagues Kevin Baumert, Gilda Brancato, Steve Fabry, Virginia Frasure, Julie Herr, Brian Israel, Ian McKay, and Kathleen Milton. My greatest thanks go to my fabulous Special Assistants Kimberly Gahan, Emily Kimball, and, for his particular contributions to this work, David Zionts, who has been a particular joy to work with, during the early days of what will doubtless be a brilliant scholarly career in international law. 1 Harold Hongju Koh, Remarks, The State Department's Legal Adviser's Office: Eight Decades in Peace and War, 100 GEO. L.J. 1747 (2012).

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