1 For the founding vision of the Journal, see Editorial Comment, understood to be by James Brown, Scott 1 AJIL 129, 130–31 (1907)Google Scholar, and Draft of’the Proposed Journal of International Law, 1 ASIL Proc.29(1907)Google Scholar [hereinafter Draft of the Proposed Journal], For later assessments, see James Brown, Scott The Journal Entering upon a Second Decade, 11 AJIL 131(1917)Google Scholar; George, A. Finch The American Society of International Law, 1906-1956,5 Q AJIL 293(1956)Google Scholar; and William, W. Bishop Jr. Some Thoughts on the Journal, 56 AJIL 997(1962)Google Scholar.

2 Bishop, supra note 1, at 998.

3 Frederic, L. Kirgis The Formative Years of the American Society of International Law, 90 AJIL 559,559(1996)Google Scholar. On “quintessentially American” characteristics of the Journal’s founding editor in chief, James Brown Scott, see id. at 571 & n.85 (citing a biographical dissertation on Scott for the proposition that he “tended to project America’s traditions, democratic heritage and institutions upon other nations regardless of their cultural backgrounds”).

4 Arthur, K. Kuhn Remarks at Luncheon of Executive Council and Board of Editors, 25 ASIL Proc. 246,247(1931)Google Scholar, quoted in George, A. Finch Arthur, K. Kuhn November 11, 1876-July 8, 1954, 48 AJIL 592, 596–97 (1954)Google Scholar. Emphasis on the “American” was characteristic of Finch, who strongly resisted scrutiny of American practices under international human rights treaties. See, e.g., George, A. Finch The Need to Restrain the Treaty-Making Power of the United States Within Constitutional Limits, 48 AJIL 57.Google Scholar By comparison, Kuhn took more internationalist positions. Compare Arthur, K. Kuhn The Genocide Convention and State Rights, 43 AJIL 498(1949)Google Scholar (in favor of U.S. participation), with George, A. Finch The Genocide Convention, 43 AJIL 738 Google Scholar (opposed).

5 For the speaker’s later reminiscences on disagreements between American international lawyers in the interwar years (especially over neutrality), see Arthur, K. Kuhn Pathways in International Law: A Personal Narrative 146–54, 187-88 (Greenwood 1969) (1953)Google Scholar.

6 Draft of the Proposed Journal, supra note 1, at 30.

7 Finch, supra note 1, at 298.

8 See Hague Convention for the Pacific Settlement of International Disputes, Oct. 18, 1907, Art. 44, 36 Stat. 2199, TS No. 536; Statute of the Permanent Court of International Justice, Dec. 13,1920, Art. 4,1926 PCIJ (ser. D) No. 1 (designating Perm. Ct. Arb. national groups to nominate PCIJ judges).

9 ICJ Statute, June 26, 1945, Arts. 2, 59 Stat. 1055, TS No. 993 (judges to be elected “regardless of their nationality”), 3 (no two may be nationals of same state; candidate with potential multiple nationalities “shall be deemed to be a national of the one in which he ordinarily exercises civil and political rights”), 31 (mechanism to ensure a judge of the nationality of or appointed by each party).

10 Id., Arts. 9 (“in the body as a whole the representation of the main forms of civilization and of the principal legal systems of the world should be assured”), 38 (sources of law include “general practice,” “general principles,” and as a subsidiary source, “the teachings of the most highly qualified publicists of the various nations”).

11 Root, Elihu The Need of Popular Understanding of International law, 1 AJIL 1(1907).Google Scholar

12 See Kirgis, supra note 3, at 568 (“The founders were driven by the belief that international law could control, or at least significantly influence, the conduct of national governments if its rules were clearly identified with the tools of science, and if an appropriate, law-based dispute-settlement mechanism were available.”). Essays in this issue dealing with conceptions of international law and its influence on policy include David, J. Bederman Appraising a Century of Scholarship in the American Journal of International Law, 100 AJIL 20(2006)Google Scholar; Richard, H. Steinberg & Jonathan, M. Zasloff Power and International law, 100 AJIL 64 Google Scholar; and Thomas, M. Franck The Power of Legitimacy and the Legitimacy of Power: International Law in an Age of Power Disequilibrium, 100 AJIL 88.Google Scholar

13 The Paquete Habana, 175 U.S. 677, 700 (1900).

14 Id. at 695-709. This value has been confirmed through numerous references to the AJIL not only by the U.S. Supreme Court but also by foreign tribunals. See HCJ 7957/04, Mara’abe v. Prime Minister (Sup. Ct. Isr. Sept. 15, 2005), available at <http://elyonl.court.gov.il/files_eng/041570/079/al4/04079570.al4.pdf>; references in Bederman, supra note 12, at 58 & nn.255-57, and notes 18-19 infra.

15 See George, A. Finch James Brown Scott, 1866-1943, 38 AJIL 183, 185–86 Google Scholar (on common law approach of Scott’s international law casebook published in 1906, the first in the United States).

16 According to The Paquete Habana, 175 U.S. at 700, Japan was “the last State admitted into the rank of civilized nations.” References to Japanese periodicals dealing with international law are found in the AJIL’s first issue. See Societies of International Law, 1 AJIL 135, 136–37 (1907)Google Scholar and text at notes 45-46 infra.

17 Erie R.R. v. Tompkins, 304 U.S. 64 (1938) (no general federal common law in cases of federal jurisdiction based on diversity of citizenship).

18 Philip, C. Jessup The Doctrine of Erie Railroad v. Tompkins Applied to International Law , 33 AJIL 740(1939)Google Scholar.

19 Banco Nacional de Cuba v. Sabbatino, 376 U.S. 398, 425 (1964) (paraphrasing Jessup’s AJIL article to the effect that “rules of international law should not be left to divergent and perhaps parochial state interpretations,” and thus treating the act of state doctrine as federal); Sosa v. Alvarez-Machain, 542 U.S. 692, 730 n.18 (2004) (recalling Sabbatino’s endorsement of Jessup’s reasoning).

20 The quotation in the text derives from the masthead of the Columbia Journal of Transnational Law. On the concept of transnational (as contrasted to international) law, see Philip, C. Jessup Transnational Law (1956)Google Scholar; Transnational Law in A Changing Society: Essays in Honor of Philip C. Jessup (Wolfgang, Fried-mann Henkin, Louis & Lissitzyn, Oliver eds., 1972).Google Scholar

21 Cf. Bishop, supra note 1, at 999 (reporting suggestion of a board committee that, “while maintaining public international law as the area of primary concern, the Journal would also include articles which consider private international law and other related legal aspects of transnational problems and events”).

22 Id. at 998-99.

23 Examples include the Revue générate de droit international public, established in 1894. The Hague Academy of International Law observes a distinction between public and private international law in its general and special courses. The Hague Conference on Private International Law addresses international matters of concern to private individuals and companies.

24 Editorial Comment, supra note 1, at 131. The AJIL’s first issue included a list of “the principal periodicals devoted wholly or in part to questions of international law,” then consisting of seven reviews published in continental Europe (the oldest having been launched in Belgium in 1869, followed by two in France, two in Germany, and one each in Spain and Italy) and two in Japan, plus the American Political Science Review (the first issue of which had appeared in November 1906 with a section on international law). Societies of International Law, supra note 16, at 135-37.

25 The British Year Book of International Law was established in 1920; thereafter came the International and Comparative Law Quarterly in 1952, the Indian Journal of International Law in 1960, the Canadian Yearbook of International Law in 1963, the Australian Year Book of International Law in 1965, and many others.

In addition to specialized journals and yearbooks of international law published in British Commonwealth countries and elsewhere in the common law world, we now have the phenomenon of English-language journals of international law published in places where English is a second language: the European Journal of International Law headquartered in Florence, the Leiden journal of International Law, and the Austrian Review of International and European Law are among the growing number in this category.

26 Bishop, supra note 1, at 999.

27 A recent directory identifies seventy-four student journals and about a dozen peer-edited reviews published in the United States under the heading of International and Comparative Law.” Directory of Law Reviews 25-30, 49 - 50 (compiled by Michael H. Hoffheimer, LexisNexis, 2005). These include periodicals covering comparative and foreign or European law.

28 A large number, beginning with the founding at Columbia University of the Columbia Journal of Transnational. Law by Wolfgang Friedmann in 1961 (with its present name from 1964), now embrace the “transnational” conception.

29 These include journals specializing in international human rights law, international environmental law, or international business law.

30 Editorial Comment, supra note 1, at 131.

31 We likewise leave the internal law of the European Union to other journals and deal with European law only in its public international law aspects or as relevant to U.S.-EU relations.

32 See, e.g., Special Issue: The United States Constitution in Its Third Century: Foreign Affairs, 83 AJIL 713 (1989).Google Scholar

33 It is not easy to categorize and quantify non-American authors. Christos Ravanides carried out such a study using affiliations outside the United States as the relevant factor for identifying an author as American or foreign. See note * supra and text at note 121 infra. The present discussion draws on the information compiled by Ravanides but approaches it from a different standpoint.

34 Carlos Calvo, 1 AJIL 137(1907)Google Scholar.

35 1 AJIL Supp. 1-6 (1907). Other source material involving Drago was reprinted in connection with the North Atlantic Fisheries case between the United States and Great Britain, in which he was an arbitrator. See 4 AJIL 948,988(1910)Google Scholar (tribunal’s award and Drago’s dissent).

36 Amos, S. Hershey The Calvo and Drago Doctrines, 1 AJIL 26(1907).Google Scholar

37 Luis, M. Drago State Loans in Their Relation to International Policy, 1 AJIL 692(1907)Google Scholar, cited in Bederman, supra note 12, at 23 n. 18, and Detlev, F. Vagts International Economic Law and the ASIL, 100 AJIL (forthcoming in the continuation of this centennial essay series later in 2006)Google Scholar. Drago’s Discursos y Escritos was reviewed at 34 AJIL 167 (1940).

38 Anderson, Luis The Peace Conference of Central America, 2 AJIL 144(1908)CrossRefGoogle Scholar.

39 Alvarez, Alejandro Latin America and International Law, 3 AJIL 269(1909)CrossRefGoogle Scholar; Samore, William The New International Law of Alejandro Alvarez, 52 AJIL 41(1958)CrossRefGoogle Scholar; cf Koskenniemi, Martti The Gentle Civilizer of Nations 302–05 (2002)Google Scholar (on Alvarez’s non-European voice as “unthreatening for the legal establishment”).

40 See The Spanish Edition of the American Journal of International Law, 6 AJIL 957(1912)Google Scholar. The Spanish edition of the AJIL was discontinued in favor of a new Spanish-language international law journal based in Havana under the editorship of Antonio S. de Bustamante y Sirvén. See James, Brown Scott The Revista de Derecho Internacional, 16 AJIL 437,438(1922)Google Scholar; see also Kirgis, supra note 3, at 587-88.

41 The Monroe Doctrine, however, has been covered almost exclusively from the point of view of U.S. policymakers. See, e.g., Root, Elihu The Real Monroe Doctrine, 8 AJIL 427(1914)CrossRefGoogle Scholar; Charles, Evans Hughes Observations on the Monroe Doctrine, 17 AJIL 611(1923)Google Scholar. More than fifteen AJIL articles and editorials have been devoted to the Monroe Doctrine, and more than ten books on the doctrine have been reviewed in the AJIL; it is striking that essentially all of these are by American authors (leaving to one side a brief notice of a treatment in a Soviet publication in 1929, see 24 AJIL 655 (1930)).

42 See, e.g., William, D. Rogers Of Missionaries, Fanatics, and Lawyers: Some Thoughts on Investment Disputes in the Americas, 72 AJIL 1(1978 Google Scholar); F. V., García-Amador The Latin American Contribution to the Development of the Law of the Sea, 68 AJIL 33(1974)Google Scholar; F. V. [pseudonymous], The Beagle Channel Affair, 71 AJIL 733(1977)Google Scholar. On hemispheric issues, see J. Irizarry, y Puente Exclusion and Expulsion of Aliens in Latin America, 36 AJIL 252(1942).Google Scholar

43 See, e.g., Acevedo, Domingo The U.S. Measures Against Argentina Resulting from the Malvinas Conflict, 78 AJIL 323(1984).CrossRefGoogle Scholar

44 See, e.g., Buergenthal, Thomas The Advisory Practice of the Inter-American Human Rights Court, 79 AJIL 1(1985)Google Scholar (IACHR judge 1979-1991; member of AJIL Board of Editors since 1973).

45 Societies of International Law, supra note 16, at 136; see also supra note 24.

46 Societies of International Law, supra note 16, at 136. On early developments concerning the study of international law in China, see The Chinese Society and Journal of International Law, 7 AJIL 158(1913).Google ScholarPubMed

47 Constitutional Changes in China, 5 AJIL 200(1911)Google Scholar; The Provisional Constitution of the Republic of China, 6 AJIL 149(1912)Google Scholar; Arthur, H. Steiner, Mainsprings of Chinese Communist Foreign Policy, 44 AJIL 69(1950)Google Scholar; Chiu, Hungdah Communist China’s Attitude Toward International Law, 60 AJIL 245(1966).CrossRefGoogle Scholar

48 Wright, Quincy Some Thoughts About Recognition, AA AJIL 548(1950)CrossRefGoogle Scholar; Yuen-li, Liang Recognition by the United Nations of the Representation of a Member State: Criteria and Procedure, 45 AJIL 689(1951)Google Scholar; Chiu, Hungdah & Edwards, R. R. Communist China’s Attitude Toward the United Nations: A Legal Analysis, 62 AJIL 20(1968)CrossRefGoogle Scholar.

49 Samuel, S. Kim The PRC and the Charter-Based International Legal Order, 72 AJIL 317(1978)Google Scholar. This article ran in the April 1978 issue. The U.S. change of recognition from the Republic of China to the People’s Republic was announced in December 1978.

50 John Hazard, a pioneer Sovietologist who was a member of our board for some thirty-five years, knew the key players in the USSR and served as intermediary for bringing their viewpoints directly into the Journal. Of course, Cold War politics sometimes interfered with civil discourse: see, for example, the angry letters of I. Trainin and E. Korovin (the latter an erstwhile contributor to the AJIL) withdrawing their ASIL memberships, in Korovin’s words because of “false and libellous statements concerning the foreign policy and international practices of the USSR,” reprinted in Current Notes, The Society and the U.S.S.R, 45 AJIL 779,780(1951).Google Scholar

51 Reasons for the paucity of input directly from the People’s Republic of China could of course include the language gap and relative isolation of the PRC from the mainstream of the international law profession. Another factor could be the deleterious effects years or decades later of the McCarthy-era chilling effect on scholarly engagement with China. For a reminder that one of the century’s most distinguished international lawyers (and a longtime4//£ board member) became a target of Senator McCarthy’s attacks in part for his China-related professional interests, see Schachter, Oscar Philip Jessup’s Life and Ideas, 80 AJIL 878, 885–89 (1986).Google Scholar

52 See, e.g., Anand, R. P. Role of the “New” Asian-African Countries in the Present International Legal Order, 56 AJIL 383(1962)CrossRefGoogle Scholar; Misra, K. P. India’s Policy of Recognition of States and Governments, 55 AJIL 398(1961)CrossRefGoogle Scholar; see also S. N. Guha, Ray Is the International Law of Responsibility of States for Injuries to Aliensa Part of Universal International Law? 55 AJIL 863(1961)Google Scholar; Chittharanjan, F. Amerasinghe State Breaches of Contracts with Aliens and International Law, 58 AJIL 881(1964)Google Scholar. Many books by such authors have also been reviewed.

53 Jesse, S. Reeves The Origin of the Congo Free State, Considered from the Standpoint of International Law, 3 AJIL 99(1909)Google Scholar. Koskenniemi observes, “For Reeves as for other international lawyers, the original colonial project remained viable and the Congo State had failed only because it had deviated from that project.” Koskenniemi, supra note 39, at 165.

54 See, e.g., Elias, T. O. The Charter of the OAU, 59 AJIL 243(1965)CrossRefGoogle Scholar; David A., Ijalaye Was “Biafra” at Any Time a State in International Law? 65 AJIL 551(1971)Google Scholar.

55 Henry, J. Richardson III Divestment of the Stock Portfolio of the Society, 81 AJIL 744(1987)Google Scholar; Agora: Is the ASIL Policy on Divestment in Violation of International Law? Further Observations, 82 AJIL 311(1988)Google Scholar.

56 See, e.g., Coombs, Mary Case Report: Kaunda v. President of the Republic of South Africa, in 99 AJIL 681(2005).CrossRefGoogle Scholar

57 See, e.g., Nsongurua, J. Udombana So Far, So Fair: The Local Remedies Rule in the Jurisprudence of the African Commission on Human and Peoples’ Rights, 97 AJIL 1(2003)Google Scholar; McGregor, Lorna Individual Accountability in South Africa: Cultural Optimum or Political Facade? 95 AJIL 32(2001).CrossRefGoogle Scholar

58 Recent illustrations include analysis from several points of view of referrals to the International Criminal Court of situations in Uganda, Congo, and Sudan; numerous case reports on decisions of the International Criminal Tribunal for Rwanda; and commentary on the Special Court for Sierra Leone. See, e.g., Developments at the International Criminal Court, 99 AJIL 370(2005)Google Scholar; Laura, A. Dickinson The Promise of Hybrid Courts, 97 AJIL 295(2003).Google Scholar

59 Khadduri, Majid Islam and the Modern Law of Nations, 50 AJIL 358(1956).CrossRefGoogle Scholar For reviews of books by Khadduri, see Edwin M. Wright, review of Khadduri, Majid War and Peace in the Law of Islam, 50 AJIL 454(1956)Google Scholar; Wright, Quincy review of Khadduri, Majid The Islamic Law on Nations, 62 AJIL 521(1968)CrossRefGoogle Scholar; Joseph, L. Brand review of Khadduri, Majid The Islamic Conception of Justice, 82 AJIL 431(1988)Google Scholar. For reviews by Khadduri of the writings of others, see, for example, reviews at 46 AJIL 594 (1952). For more recent treatments in the book review department, see, for example, Frank, E. Vogel review of Moinuddin, Hasan The Charter of The Islamic Conference and Legal Framework of Economic Co-operation among its Member States, 83 AJIL 227(1989)Google Scholar; M. Cherif, Bassiouni review of Hllmi, M. Zawati Is Jihad A Just War? War, Peace and Human Rights Under Islamic and Public International Law, 96 AJIL 1000(2002)Google Scholar; Ann, Elizabeth Mayer review of Mashood, A. Baderin International Human Rights and Islamic Law, 99 AJIL 302(2005).Google Scholar

60 M. Cherif, Bassiouni Protection of Diplomats Under Islamic Law, 74 AJIL 609(1980)Google Scholar. The hostage crisis and its aftermath were of course extensively treated with reference to the ICJ case, the Algiers Accords, and the Iran-U.S. Claims Tribunal.

61 Charles, N. Brower & Jeremy, K. Sharpe International Arbitration and the Islamic World: The Third Phase, 97 AJIL 643(2003)Google Scholar.

62 See, e.g., Shihata, Ibrahim Destination Embargo of Arab Oil: Its Legality Under International Law, 68 AJIL 591(1974)CrossRefGoogle Scholar. The recent Agora: ICJ Advisory Opinion on the Wall in the Occupied Palestinian Territory had viewpoints across a wide spectrum. Compare Michla. Pomerance, The ICJ’s Advisory Jurisdiction and the Crumbling Wall Between the Political and the Judicial, 99 AJIL 26(2005)Google Scholar (stressing Israeli concerns about the advisory process), with Imseis, Ardi Critical Reflections on the International Humanitarian Law Aspects of the ICJ Wall Advisory Opinion , 99 AJIL 102 Google Scholar (opinion could have done more to clarify protections for Palestinian people).

63 For example, George Grafton Wilson (member of board from 1907; editor in chief 1924-1943; honorary editor in chief until his death in 1951, the last survivor of the Society’s organizers); Quincy Wright (regular editor 1923-1956; honorary editor 1957-1970); James Wilford Garner (editor 1924-1938); Philip Marshall Brown (regular editor 1916-1943; honorary editor 1944-1965); and Harold K. Jacobson (editor 1979-1990; honorary editor 1995-2001).

64 The long collaboration of Myres McDougal and Harold Lasswell (with each other and others) is in a class by itself. See, e.g., Agora: McDougal-Lasswell Redux, 82 AJIL 41(1988).Google Scholar

65 See, e.g., Anne-Marie, Slaughter Burley International Law and International Relations Theory: A Dual Agenda, 87 AJIL 205(1993)Google Scholar; Anne-Marie, Slaughter Andrew, S. Tulumello & Wood, Stepan International Law and International Relations Theory: A New Generation of Interdisciplinary Scholarship, 92 AJIL 367(1998).Google Scholar

66 See, in this issue, Bederman, supra note 12, at 48 & n.199; Steinberg & Zasloff, supra note 12, at 81-82.

67 Inadvertently, perhaps, the Journal may have contributed to the impression of absorption in mainly American methodological debates, through the structuring of a recent symposium on methods in international law keyed to the emergence in American legal academia of various scholarly trends—the New Haven School, legal process, critical legal studies, feminism, international relations theory, and law and economics. See Steven, R. Ratner & Anne-Marie, Slaughter Appraising the Methods of International Law: A Prospectus for Readers, 93 AJIL 291,295(1999)Google Scholar (asserting that “although many of the methods have a distinctly American origin, the community of scholars for nearly all of them is now global”). Correspondence subsequent to the symposium drew attention to the omission of perspectives of people of color and questioned whether any of the methods could establish the legitimacy of international law in the postcolonial, non-Western world. See letter from Henry J. Richardson and response from the symposium editors at 94 AJIL 99-101 (2000). The subsequent publication of the symposium in book form included a new piece on Third World approaches to international law, see The Methods of International Law 185-210 (Steven, R. Ratner & Anne-Marie, Slaughter eds., 2004)Google Scholar, a movement that the symposium editors characterize as having been transformed by ideas from American critical race theory. Id. at 18.

68 By comparison, since its founding in 1873 the Institut de Droit international has been an invitation-only organization of international law experts. The Council on Foreign Relations, a leading U.S. organization for the study of foreign policy (founded in 1920 with Elihu Root as honorary president) is an invitation-only organization restricted to U.S. citizens and permanent residents who have formally applied for citizenship. On the ASIL’s membership policies and its practice of electing a distinguished honorary member who is not a citizen of the United States, see Kirgis, supra note 3, at 565-66, 583.

69 One exception was that the ASIL’s membership criteria excluded women until 1920. Id. at 565, 583; Alona, E. Evans & Carol Per, Lee Plumb Women and the American Society of International Law, 68 AJIL 290(1974)Google Scholar; see also Charlesworth, Hilary Christine, M. Chinkin & Wright, Shelley Feminist Approaches to International Law, 85 AJIL 613,623(1991)Google Scholar (on absence of women from professional bodies in international law). On the supportive attitude of founding editor in chief James Brown Scott toward equality of women, see Finch, supra note 15, at 209-11.

70 See Regulations on Publications, 18 ASIL Proc. at xi (1924)Google Scholar; 20 ASIL Proc. at xi (1926)Google Scholar; 23 ASIL Proc. at xi (1929)Google Scholar. The AJIL board began with ten members and gradually expanded. Under the 1924 regulations, a number “not to exceed twelve” were to be elected annually. In 1926 this number was adjusted to seventeen, and in the 1929 amendment no number was specified. Between 1929 and 1944, the board customarily consisted of fourteen or fifteen regular members plus the editor in chief and managing editor; honorary status was indicated for retired editors in chief. Thereafter the size of the board was increased from seventeen in 1944 to twenty in 1963, twenty-two in 1968, twenty-four in 1971, and twenty-five in 1993, plus honorary editors of long service at retirement age. See 38 ASIL Proc.150(1944)Google Scholar; 57 ASIL Proc. at xxiv (1963)Google Scholar; 62 ASIL Proc. at xxvii (1968)Google Scholar; 65 ASIL Proc. 434 (1971)Google Scholar; 87 ASIL Proc. 631 (1993).Google Scholar

71 Minutes of the Executive Council (Apr. 28 & 29, 1944), 38 ASIL Proc. 145, 148, 150 (1944) (emphasis added) (regulation with nationality restriction adopted in 1944). For the final year of the restriction, see 62 ASIL Proc. at xxvii(1968).Google Scholar

72 Into the 1940s the annual Proceedings carried the names and locations of all ASIL members. Though geography is not a proxy for nationality, many well-known foreign professors and practitioners of international law were listed. In addition to the annual election of a foreign honorary member, membership outreach efforts extended to overseas constituencies. For geographical analyses from the 1940s, see 40 ASIL Proc. 165–67 (1946)Google Scholar; 41 ASIL Proc. 186 (1947)Google Scholar (showing about 10 percent of members based abroad).

73 See, e.g., 35 ASIL Proc. 180–81 (1941)Google Scholar (approving deferment of dues payments for members residing overseas who faced foreign exchange restrictions); 36 ASIL Proc. 64–66 (1942)Google Scholar (discontinuance of 99 out of 987 foreign subscriptions because of war; impact of war on Society’s finances; suggestion of special outreach efforts to Canada and Latin America).

74 See, e.g., Editorial Comment, The Neutrality of Belgium, 9 AJIL 707, 708–09 (1915)Google Scholar (recapitulating Journal’s efforts in October 1914 issue not to take sides or pass judgment on causes of outbreak of war); Editorial Comment, The Attitude of Journals of International Law in Time of War, 9 AJIL 924, 925–26 Google Scholar (commending a German publicist for his principled resignation from a post as associate editor with a German international law journal, in order to dissociate himself from “jingoistic tendencies” incompatible with objective science).

75 See, e.g., Bederman, supra note 12, at 27-29, 36-37.

76 Minutes of the Executive Council (Apr. 28, 1944), supra note 71, at 148.

77 38 ASIL Proc. 171-74 (1944). The members of the special committee were Edwin Dickinson, Philip Jessup, and Lawrence Preuss.

78 See id. at 173. Finch had been board secretary (1909-1924) and managing editor (1924-1943), and had succeeded George Grafton Wilson as editor in chief in 1943. Wilson had been an editor from 1907 to 1924 and editor in chief from 1924 until passing the baton to Finch; he continued as honorary editor in chief thereafter. Arthur Kuhn had been the youngest participant in the Society’s 1906 founding meeting; he served on the Board of Editors from 1924.

79 On Kelsen’s later election to the board, see text at notes 89-99 infra.

80 Josef Kunz, a distinguished European jurist who was a naturalized American citizen, was elected immediately after the adoption of the citizenship requirement. See text at notes 87-88 infra.

81 The repeal took effect in the Regulations on Publications amended on April 26, 1969, section V.l(c)(2), 63 ASIL Proc. at xxvii (1969). The Proceedings are silent on the deliberations leading to this change. See also Eleanor, H. Finch 63rdAnnualMeeting of the Society, 63 AJIL 554, 558 (1969)Google Scholar (noting approval of amendments providing that the board shall be elected without limitation to members of American nationality).

82 Schachter, Oscar The Invisible College of International Lawyers, 72 NW. U. L. Rev. 217 (1977)Google Scholar.

83 On Friedmann’s election, see text at note 104 infra. In recent years about 20 percent of the regular board has consisted of editors who are not U.S. citizens. See infra text at notes 111-13.

84 Regulations of the Society, sec. V.l (d)(7), 81 ASIL PROC. 632, 638-39 (1987).

85 This account of the board’s consideration of foreign editors is drawn from the forthcoming history of the Society by Frederic L. Kirgis.

86 The report of a board committee dated October 13,1992, recalls that the idea of having foreign editors or other formal status for foreign scholars, “though attractive in principle to several members of the Board, has proved very difficult to implement.”

87 See Herbert, W. Briggs Josef ‘L. Kunz, 1890-1970, 65 AJIL 129 (1971).Google Scholar Kunz’s election as a regular editor in accordance with the newly adopted regulation is noted at 38 ASIL Proc. 150-51 (1944), and his later designation as an honorary editor at 50 AJIL 673 (1956).

88 E.g., Josef, L. Kunz Pluralism of Legal and Value Systems and International Law, 49 AJIL 370 (1955)Google Scholar. Kunz, a disciple of Hans Kelsen, wrote of a crisis in international law as a “partial phenomenon of the total crisis of our whole Occidental culture.” Josef, L. Kunz The Changing Law of Nations, 51 AJIL 77, 82 (1957)Google Scholar (on transformation of international law under the influence of nonoccidental cultures).

89 On Kelsen’s jurisprudential contributions to the field of international law, see Symposium: The European Tradition in International Law: Hans Kelsen [pt. 4 of The Changing Structure of International Law], 9 Eur. J. Int’l L. 287 (1998)Google Scholar; Koskenniemi, supra note 39, at 238-49.

90 See 32 ASIL Proc. 165-66, 207 (1938)Google Scholar; Gross, Leo Hans Kelsen: October 11, 1881-April 15, 1973, 67 AJIL 491 (1973)CrossRefGoogle Scholar (birth date corrected per erratum at 68 AJIL 94 (1974)). The honorary member distinction is reserved for an exceptional jurist (not more than one to be elected per year) who must be of other than American nationality.

91 An editorial comment in this Journal drew attention to the purge of at least twenty-four professors of international law from German universities after 1933, listing Kelsen among seventeen who had been dismissed for no other reason than being “non-Aryan.” James Wilford, Garner The Nazi Proscription of German Professors of International Law, 33 AJIL 112, 113-15,117(1939)Google Scholar (observing that those purged included the most distinguished German international law professors and those best known among English and American international lawyers); see also Detlev, F. Vagts International Law in the Third Reich, 84 AJIL 661, 676, 679, 703–04 (1990)Google Scholar (on difficulties of Kelsen and other full professors in making a new life in exile).

92 Gross, supra note 90, at 494.

93 In the decade between 1941 and 1951, he published no fewer than eight articles or notes in the AJIL, including Kelsen, Hans Recognition in International Law: Theoretical Observations, 35 AJIL 605 (1941)CrossRefGoogle Scholar; Compulsory Adjudication of International Disputes, 37 AJIL 397 (1943)Google Scholar; several commentaries on the legal status of Germany and on the emerging UN system of collective security and collective self-defense; and, finally, Is the North Atlantic Treaty a Regional Arrangement? 45 AJIL 162 (1951)Google Scholar. He also appeared numerous times as reviewer or reviewee in the book review department.

94 On Kelsen’s emigration and acquisition of American citizenship, see Nicoletta Bersier, Ladavac Hans Kelsen (1881-1973): Biographical Note and Bibliography, 9 Eur J. Int’l L. 391, 393 (1998).Google Scholar

95 45 AJIL PROC. 242(1951).

96 46 ASIL PROC. at vii (19 52). In view of Kelsen’s senior status in the field of international law, the board’s action in elevating him to honorary status after one year is arguably consistent with the spirit, if not the letter, of the regulation applicable at the time that honorary editors be those of “long service” on the board. Today’s regulations set eligibility for honorary editor at age sixty-five for those who have served ten years on the board.

97 See id. at 174 (recognizing Kelsen, Hans The Law of The United Nations (1950)Google Scholar; Hans Kelsen, Recent Trends in The Law of The United Nations (1951)Google Scholar).

98 Gross, supra note 90, at 496-97 n.34 (quoting committee chairman Charles Fenwick on the controversy, 46 ASIL Proc. at 174).

99 Id. Among other issues, the work in question analyzed the North Atlantic Treaty and the UN actions in Korea in terms of compatibility with the UN Charter and found them in some respects questionable under UN constitutional law. With the Korean War still in progress and the Cold War in full swing, the potential for controversy within the ASIL over Kelsen’s apolitical analysis of these issues was obvious.

100 Of the generation still with us in the capacity of honorary editor, quite a few were born in Germany, east Central Europe, or Russia/USSR and emigrated to North America, mostly at a young age and some under traumatic circumstances. Though this is not the place to recount their personal stories, they include (beginning with the most senior) Eric Stein, Louis Sohn, Louis Henkin, Theodor Meron, Andreas Lowenfeld, Thomas Franck, and Thomas Buergenthal.

101 See Detlev, F. Vagts Leo Gross (1903-1990), 85 AJIL 149 (1991)Google Scholar. Gross left occupied France in 1940, arrived in the United States in 1941, and settled at the Fletcher School of Law and Diplomacy. He was elected to the board in 1956, thereafter serving as the Journal’s book review editor for some three decades.

102 See David, D. Caron Stefan Alhrecht Riesenfeld (1908-1999), 93 AJIL 465 (1999)Google Scholar. Riesenfeld was elected to the board in 1963 and contributed many articles and comments, including reviews of thirty-four books in six languages. He served the United States government in several stretches as counselor on international law in the U.S. Department of State in the 1970s and 1980s. On his role as part of the generation of emigrants to have influenced legal developments in the United States, see Der Einfluß Deutscher Emigranten auf die Rechtsentwicklung in Den USA und in Deutschland (Lutter, Marcus Ernst, C. Stiefel & Michael, H. Hoeflich eds., 1993).Google Scholar

103 See James, Nevins Hyde Oliver J. Lissitzyn (1912-1994), 89 AJIL 88 (1995).Google Scholar

104 His first appearance is in the 1969 Proceedings as a member of the Board of Editors for 1969-1970. 63 ASIL Prog at viii(1969).

105 See John, N. Hazard Henkin, Louis & Oliver, J. Lissitzyn In Memoriam: Wolfgang Gaston Friedmann, 1907- 1972, 67 AJIL 102, 103 (1973)Google Scholar (“truly transnational”); Leben, Charles By Way of Introduction, in Symposium: The Changing Structure of International Law Revisited, 8 Eur. J. Int’l L. 399, 400 (1997)Google Scholar (“a model of an internationalist who, to paraphrase Dworkin, took the adjective ‘international’ in the expression ‘international law’ seriously”); Bell, John Wolfgang Friedmann (1907-1972), with an Excursus on Gustav Radbruch (1878-1949), in Jurists Uprooted: German-Speaking Emigre Lawyers in Twentieth-Century Britain 517, 518 (Beatson, Jack & Zimmermann, Reinhard eds., 2004)Google Scholar (“truly international scholar” who integrated the most creative features of continental European scholarship with the best common law thinking).

106 See Sovern, Michaell Wolfgang Gaston Friedmann, 10 Colum. J. Transnat’l L. 4, 6 (1971)Google Scholar (noting Friedmann’s naturalization as a British subject in 1939 and his service with British intelligence from 1943).

107 For Friedmann’s general course at the Hague Academy, see 127 Recueil des Cours 39 (1969 II).It appears that Friedmann retained British naturalized citizenship and never acquired U.S. citizenship. Cf. Leben, supra note 105, at 399 (“as far as I know, Friedmann remained a British citizen until the end of his life”).

108 Leben, supra note 105, at 406 n.25 (citing Friedmann, Wolfgang The Changing Structure of International Law (1964))Google Scholar.

109 Friedmann, Wolfgang United States Policy and the Crisis of International Law, 59 AJIL 857 (1965)CrossRefGoogle Scholar (on the Dominican intervention); Friedmann, Wolfgang Law and Politics in the Vietnamese War: A Comment, 6 AJIL 776 (1967)CrossRefGoogle Scholar (disagreeing with John Norton Moore).

110 On Friedmann’s views on international law in relation to his experience at the hands of the Nazi regime, see Koskenniemi, supra note 39, at 414-15, 508-09; see also Bell, supra note 105, at 529 (“Pervading his work on international law was a concern that nation states should not use the rhetoric of international law as a cloak for their own self-interest.”).

111 In addition to Judge Higgins, now an honorary editor, our current elected board of twenty-five includes four whose origins, university affiliations, and/or present bases of operations are Australia, New Zealand, or the United Kingdom. Among the regular and honorary board, a larger number would include those with university degrees from non-U.S. institutions in the common law world (e.g., Britain, Canada, and Israel).

112 A. A. Fatouros was elected to the board in 1978 while on the faculty of Indiana University; his later affiliation (1979-1981) was the University of Thessaloniki. Theodor Meron was identified on our masthead with a co-affiliation at the Graduate Institute in Geneva for several years in the 1990s (including part of his term as co-editor in chief). The number of board members whose education was obtained at universities in the civil law world is probably lower now than during the period discussed in the text at notes 87-103 above.

113 By comparison, between 1907 and 1975 only two editors served on the board while based outside the United States; both had been U.S. diplomats. David Jayne Hill was identified as the board’s European editor during his service with the U.S. legations in The Hague and Berlin between 1907 and 1910. Edgar Turlington, who had been a lawyer with the Department of State and served in several U.S. embassies abroad, later became legal adviser to the government of Ethiopia and lived in Asmara, Eritrea, for two years (1953-1954), which was his identification on the masthead then. See Robert, R. Wilson Edgar Turlington, 1891-1959, 54 AJIL 117 (1960)Google Scholar.

In between the overseas service of those two editors, the board decided, without adopting a formal policy, that it would be inadvisable to retain as a member an editor planning an extended period of residence overseas. Accordingly, Pitman Potter, who had moved to Geneva where he expected to stay for more than a year, was removed from the board in 1933. (Potter returned some years later in the capacity of managing editor.) For information on this decision I am grateful to Frederic Kirgis, who has prepared a memorandum with detailed source notes from the ASIL/’AJIL archives to accompany his forthcoming history of the Society (on file with the ASIL).

114 On today’s board, 9 of 25 regular editors, 2 honorary editors, and 1 ex officio member are women. Apart from these 12,5 other women—Alona Evans, Marjorie Whiteman, Joan Fitzpatrick (deceased), Judith Bello, and Anne- Marie Slaughter—previously served as editors, for a total of only 17 women out of 143 editors between 1907 and 2006.

115 The average age of the twenty-five regular members in 2006 is fifty-two. (Honorary editors all have reached the age of sixty-five as prescribed by the current regulation and have previously been long-term regular members.) A younger board is one consequence of reforms aimed at promoting regular turnover, now achieved through fixed terms and term limits. Compare text at notes 77-78 supra (on lack of turnover in first three decades; the average age was over sixty at the time of the midcentury reforms).

116 See text at notes 63-67 supra on interdisciplinary scholarship in the AJIL

117 Lansing served on the board from 1907 to 1923 and as secretary from 1915 to 1920.

118 For example, Harold Hongju Koh (assistant secretary of state for democracy, human rights, and labor 1998- 2001, on board 1992-2004).

119 Scott was appointed by Secretary of State Elihu Root as solicitor and served in that capacity (1906-1911), and as the. AJIL’s editor in chief (1907-1924).

120 See text at notes 123-24, 127 infra.

121 Such evolution, however, is neither inevitable nor irreversible. By some measures, the Journal may have been more consciously “international” in its first decade or in the decade after World War II than it has been in more recent years. Ravanides, note * supra, finds that the decade 1947-1956 had the highest median number of contributions from outside the Anglo-American world; he discerns mixed trends on other indicators, such as reviews of books published in languages other than English.

122 Cf. Draft of the Proposed Journal, supra note 1, at 30 (“the name might well indicate the locality, ‘The American Journal of International Law”‘).

123 See Richard, B. Bilder The Office of the Legal Adviser: The State Department Lawyer and Foreign Affairs, 56 AJIL 633 (1962)Google Scholar; Joint Committee Established by the American Society of International Law and the American Branch of the International Law Association, The Role of the Legal Adviser of the Department of State, 85 AJIL 358 (1991).Google Scholar

124 These include John R. Stevenson (on AJIL board 1964 -1977; legal adviser 1969 -1972); and Monroe Leigh (on AJIL board 1972-1984, 1985-2001; legal adviser 1974-1976).

125 See, for example, the series of reports by John Stevenson and Bernard H. Oxman on the UN negotiations for the Convention on the Law of the Sea (1973-1982), as recapitulated in Bernard, H. Oxman The Third United Nations Conference on the Law of the Sea: The Tenth Session (1981), 76 AJIL 1, 1 n.1 (1982)Google Scholar. The contribution by Legal Adviser William, H. Taft IV with Todd Buchwald in our Agora: Future Implications of the Iraq Conflict, 97 AJIL 557 (2003)Google Scholar, is the most complete statement of the U.S. legal position on the renewal of military conflict in Iraq and has been widely discussed and critiqued in our own pages and elsewhere.

126 The current contextual format for Contemporary Practice WAS introduced in 1999. See 93 AJIL 161 (1999).Google Scholar

127 For a recent instance focusing on the professional obligations of international lawyers, see Richard, B. Bilder & Detlev, F. Vagts Speaking Law to Power: Lawyers and Torture, 98 AJIL 689 (2004).Google Scholar