1990: The National Security Constitution: Sharing Power After the Iran-Contra Affair (Yale University Press) (Winner, Richard E. Neustadt Award, awarded by the Presidency Research Section, American Political Science Association, to the best book published in 1990 that contributed most to research and scholarship on the American Presidency)
1994: Transnational Legal Problems (with Henry Steiner & Detlev Vagts) (Foundation Press 4th ed.) and Documentary Supplement (1994)
1996: Justice Harry A. Blackmun Supreme Court Oral History Project, Federal Judicial Center/Supreme Court Historical Society, (public release 2004)
1998: International Business Transactions in United States Courts, Recueil des Cours (Martinus Nijhoff) (Monograph of Lectures in Private International Law at The Hague Academy of International Law)
1999: Deliberative Democracy and Human Rights (with Ronald C. Slye) (Yale University Press) (translated into Spanish)
2002: The International Human Rights of Persons with Intellectual Disabilities: Different but Equal (OUP) (with Stanley Herr and Lawrence Gostin, eds)
2008: Transnational Litigation in United States Courts, (Foundation Press)
2008: Transnational Business Problems (4th ed.) (Foundation Press), with Detlev F. Vagts & William S. Dodge & Hannah Buxbaum
2009: Foundations of International Law and Politics (with Oona A. Hathaway), (OUP)
2018: The Trump Administration and International Law, (OUP)
Articles, Book Chapters and substantive Blogposts
1979: Case Comment, "Discovery from Media Defendants in Public Figure Defamation Actions: Herbert v. Lando," 93 Harv.L.Rev. 149.
1980: Note, "The Constitutionality of Municipal Advocacy in Statewide Referendum Campaigns," 93 Harv.L.Rev. 535 .
1985: "Equality with a Human Face: Justice Blackmun and the Equal Protection of Aliens," 8 Hamline Law Rev. 51.
1985: "Judge Wilkey's Contributions to International Law and the Foreign Relations Law of the United States," 1985 B.Y.U. Law Rev. 647.
1985: "Malcolm R. Wilkey: Jurist and Scholar," 19 Int'l Law. 1289.
1986: Book Review, H. Steiner & D. Vagts, Transnational Legal Problems and D.Vagts, Transnational Business Problems, 20 Int'l.Law 1417.
1986: "Congressional Controls on Presidential Trade Policymaking after INS v. Chadha," 18 N.Y.U.J.Int'l.L.& Pol. 1191.
1986: "Asians in American Law", Yale Law Report 28, Fall .
1986: "Thoughts on Being a Korean-American Legal Academic," 1 Korean-American Journal 5, May.
1987: "Civil Remedies for Uncivil Wrongs: Combatting Terrorism Through Transnational Public Law Litigation," 22 Texas Int'l.L.J. 169.
1987: Looking Beyond Achievement: After `the Model Minority,' Then What?"," 3 Korean And Korean American Studies Bulletin 15, Fall/Winter.
1987: "Why the President (Almost) Always Wins in Foreign Affairs," 81 American Society of International Law Proc. 248.
1987: "The Legal Markets of International Trade: A Perspective on the Proposed United States-Canada Free Trade Agreement," 12 Yale Journal of International Law 193.
1987: "A Legal Perspective," Chapter 5, in: Perspectives On A U.S.-Canadian Free Trade Agreement (R. Stern, P. Trezise & J. Whalley, eds.), Brookings Institution. (based on 12 Yale J. Int'l L. 193 (1987)
1988: "The Treaty Power," 43 U. Miami L. Rev. 106.
1988: "Why the President (Almost) Always Wins in Foreign Affairs: Lessons of the Iran-Contra Affair," 97 Yale Law Journal 1255. (republished as Chapter 6 in The Constitution and the Conduct of American Foreign Policy (David Gray Adler & Larry N. George eds. 1996).
1988: "Introduction," Focus: Foreign Affairs Under the Constitution, 13 Yale J. Int'l L. 1.
1988: "Four Dichotomies in American Trade Policy," in: Symposium, American Trade Policy: Actors, Issues, and Options, Special Issue No. 1, Yale L. & Pol'y Rev. 4 .
1988: "The Palestine Liberation Organization Mission Controversy," 82 American Society of International Law Proc. 534.
1988: "What Congress Must Do To Reassert National Security Power," First Principles 5, September.
1988: "Rebalancing the Medical Triad: Justice Blackmun's Contributions to Law and Medicine," 13 Am. J. L. & Med. 201.
1989: "Graduation Address to Yale Law School," (May 1989), excerpted in S. Lee & M. Fox, Learning Legal Skills 207 (1991) and Yale Law Report 14 (Fall 1989).
1989: "The Responsibility of the Importer State," Chapter 8, in (G. Handl & R. Lutz, eds.), Transferring Hazardous Technologies and Substances: The International Legal Challenge 171, Graham & Trotman/Martinus Nijhoff.
1990: "The Iran-Contra Affair," The Guide to American Law Yearbook , West.
1990: "Reply to Book Reviews of The National Security Constitution: Sharing Power After the Iran Contra Affair, 15 Yale Journal of International Law 382.
1990: "Don't Close the Books on Iran-Contra Mess," New Haven Register , May 13.
1990: "A Level Playing Field for Global Problems: Section 337 of the Tariff Act -- A Case Study," Proceedings of the Eighth Annual Judicial Conference of the U.S.Court of Appeals for the Federal Circuit, 133 F.R.D. 257.
1990: "The President Versus the Senate in Treaty Interpretation: What's all the Fuss About?" 15 Yale Journal of International Law 331.
1990: "The Liberal Constitutional Internationalism of Justice Douglas," In: He Shall Not Pass This Way Again: The Legacy of Justice William O. Douglas ,297 (S. Wasby ed.), U. of Pittsburgh Press.
1990: "A History of the Fast Track Approval Mechanism," Chap. 1, A. Holmer & J. Bello, eds., The Legislative Fast Track: Its Illustrative Use for the U.S.-Canada Free Trade Agreement , Prentice Hall.
1991: "Summary Remarks, Conference on The Dynamics of U.S.-Korea Trade Relations: Economic, Political, Legal and Cultural,", East Rock Press.
1991: "The Constitutional Roles of Congress, the Executive and the Courts in the Conduct of U.S. Foreign Policy," (with K. Stith-Cabranes and S.Y. Koh), Woodrow Wilson Center monograph, Fall.
1991: "Transnational Public Law Litigation," 100 Yale L.J. 2347.
1991: "A Justice for Passion," 1990 Annual Survey of American Law.
1991: "Presidential War and Congressional Consent: The Law Professors' Memorandum in Dellums v. Bush," 27 Stanford J. Int'l L. 247.
1991: "The Constitution and the Bill of Rights," 85 American Society of International Law Proc. 199.
1991: "The Coase Theorem and the War Power: A Response," Duke L.J. 122.
1991: "Good News, Bad News," Constitution 13, Spring-Summer.
1991: "Bush Honors the Law When It Pleases Him," Newsday , January 20.
1992: "Against Specialization in The Teaching of International Law," Contemporary International Law Issues: Sharing Pan-European and American Perspectives 198.
1992: "Foreword," Asian Americans and the Supreme Court: A Documentary History ix (H.C. Kim ed.), Greenwood Press.
1992: Remarks at Presentation of the Portrait of the Honorable Malcolm R. Wilkey, 992 F.2d lxxi (1993) (U.S. Ct. App. D.C. Dec 17, 1992).
1992: "Los regímenes de formulacion de politica comercial del Congreso y del Ejecutivo estadunidenses y surelacion con un posible acuerdo de libre comercio entre Canada, México y Estados Unidos," México/Estado Unidos 1990, at 193 (G. Vega ed.)
1992: "Dollar Diplomacy/Dollar Defense: The Fabric of Economics and National Security Law," 26 International Lawyer 715, (with John Choon Yoo).
1992: "The War Powers Debate," Ending the Cold War at Home 41.
1992: "The Fast Track and United States Trade Policy," 18 Brooklyn J. Int'l L. 143.
1992: "Begging Bush's Pardon," 29 Hous. L. Rev. 889.
1992: Conversation/By Steve Kemper," Northeast Magazine, July 26.
1993: "Reflections on Kissinger," Constitution , Winter.
1993: "We the People --and Congress-- Have Yet to Be Heard" (with Bruce Ackerman), L.A. Times , May 5.
1993: Selections, Encyclopedia of the American Presidency.
1993: "The War Powers Resolution," in: Cold War Patriot and Statesman: Richard M. Nixon 321, (L. Friedman and W. Levantrosser, eds.), Greenwood Press.
1993: "The Human Face of the Haitian Interdiction Program," 33 Virginia Journal of International Law 483.
1993: "The Role of the Courts in War Powers Cases," in: Constitutional Government and Military Intervention After the Cold War (M. Halperin & G. Stern eds.), Westview Press.
1993: "Two Cheers for Feminist Procedure," 61 University of Cincinnati Law Review 1201.
1993: "Aliens and the Duty of Nonrefoulement: Haitian Centers Council, Inc. v. McNary," 6 Harvard Human Rights Journal 1, (with the Lowenstein Human Rights Clinic).
1993: "Protecting the Office of Legal Counsel from Itself," 15 Cardozo Law Review 1601.
1993: Closed Door Policy for Refugees," Legal Times 36, July 26.
1994: "Democracy and Human Rights in U.S. Foreign Policy?: Lessons from the Haitian Crisis," 48 SMU L. Rev. 189.
1994: "The Haitian Refugee Litigation: A Case Study in Transnational Public Law Litigation," 18 Md. J. Int'l L & Trade 1.
1994: "Terms for Assessment," Roundtable on Justice Blackmun, ABA Journal 52, July.
1994: "Who Are the Archetypal 'Good' Aliens?" 88 American Society of International Law Proc. 450.
1994: "Justice Blackmun and the 'World Out There'," 104 Yale L.J. 23.
1994: "Reflections on Refoulement and Haitian Centers Council," 35 Harv. Int'l L.J. 1.
1994: "The New New International Economic Order," 87 American Society of International Law Proc. 259.
1994: "A Tribute to Justice Harry A. Blackmun," 108 Harv. L. Rev. 20.
1994: "Refugees, The Courts, and the New World Order," 1994 Utah L. Rev. 999
1994: "The 'Haiti Paradigm' in United States Human Rights Policy," 103 Yale L.J. 2391.
1994: Remarks at Proceedings Held on the Occasion of the Induction of Jose A. Cabranes As U.S. Circuit Judge, 2d Cir. (Sept. 26, 1994).
1994: "DIANA: A Human Rights Data Base," 16 Human Rights Quarterly 753, (with N. Finke, T. Fitchett, and R. Slye).
1994: "America's Offshore Refugee Camps," 29 Richmond L. Rev. 139.
1994: "Justice Done," New York Times, Apr. 8, at A27
1994: "Standing Up for Principle: A Personal Journey," 5 Korean and Korean-American Studies Bulletin 4.
1994: "The Justice Who Grew," 1994 J. S.Ct. Hist. 5.
1994: Alliance for Justice, "First Monday," October 3, (video panel)
1995: Broadening Access to International Law Resources Through New Technology," 89 American Society of International Law Proc.
1995: "Aliens in Our 'Beloved Community,'" Smithsonian Working Paper.
1995: "A World Transformed," 20 Yale Journal of International Law vii.
1995: "One Step Forward, One Step Back," Miami Herald, May 4, A27
1995: "Bitter Fruit of the Asian Immigration Cases," 6 Constitution 68, (reproduced in Cong. Record, Jan. 6, 1995 at S569).
1996: "Transnational Legal Process," 75 Neb. L. Rev. 181.
1996: "War and Responsibility in the Dole/Gingrich Congress," 50 Miami L. Rev. 1.
1996: "The Constitution,"in Encyclopedia of U.S. Foreign Relations, OUP.
1997: "Book Review, Chayes & Chayes, The New Sovereignty," 91 American Journal of International Law 389 .
1997: "Ten Lessons About Appellate Oral Argument,"71 Connecticut Bar Journal 218.
1997: "Congressional Protection of International Human Rights,"170 Fed. R. D. 285.
1997: "Why Do Nations Obey International Law?", 106 Yale L.J. 2599.
1998: "1998 Frankel Lecture: Bringing International Law Home," 35 Houston L. Rev. 623.
1998: "Is International Law Really State Law?", 111 Harv. L. Rev. 1824.
1999: "1998 Harris Lecture: How Is International Human Rights Law Enforced?" 74 Indiana L. J. 1397.
1999: "The Right to Democracy," Introduction to the 1998 Human Rights Report, U.S. Dept. of State, Country Reports on Human Rights Practices for 1998 at xv (vol.1).
2000: Complementarity Between International Organisations on Human Rights/The Rise of Transnational Networks as the "Third Globalization," 21 Human Rights Journal 307.
2000: "The Third Globalization: Transnational Human Rights Networks," Introduction to the 1999 Human Rights Report, U.S. Dept. of State, Country Reports on Human Rights Practices for 1999 at xv (vol.1).
2000: "A Breakthrough in North Korea," Washington Post , November 2.
2001: "The Best Defense: Article I," The Hartford Courant , September 16.
2001: "The U.S. Can't Allow Justice to Be Another War Casualty," The Los Angeles Times; Dec. 17, at B11.
2001: "Transnational Legal Process Illuminated,"in: Transnational Legal Processes: Globalisation and Power Disparities 327 (Michael Likosky ed), . Butterworths Press.
2001: "Estados Unidos y Europa, divididos por la pena de muerte," La Nacion (Argentina) July 23.
2001: "A Dismal Record on Executing the Retarded," New York Times , June 14.
2001: "A Passion for Service," 45 N.Y.L.S. L. Rev. 17, (tribute to Harry Wellington).
2001: "The Globalization of Freedom," 26 Yale J. Int'l L. 305.
2001: "A Wake Up Call on Human Rights" Washington Post, May 8.
2001: "America the Pariah," Project Syndicate (August 2001) (op ed piece published in 20 foreign newspapers).
2001: "We Have The Right Courts for Bin Laden," N.Y. Times, Nov. 23, at A39.
2001: Six Civil Rights Experts Weigh in on Sept. 11, Time.com, 12-1-01.
2002: "Preserving Our Values: The Challenge At Home and Abroad," chapter 6 in: The Age of Terror: America and the World After September 11 at 143 (Strobe Talbott & Nayan Chanda, eds. Basic Books.
2002: Paying Decent Respect to International Tribunal Rulings, 2002 Proceedings of the American Society of International Law.
2002: Against Military Tribunals, Dissent Magazine 58, Fall.
2002: One Year Later, America Deserves Mixed Reviews, Yale Daily News , September 13.
2002: Paying "Decent Respect" to the World Opinion on the Death Penalty, 35 U.C. Davis L. Rev. 1085.
2002: Why the United States should ratify the Convention for the Elimination of Discrimination Against Women (CEDAW), 34 Case W. Res. L. Rev. 258 .
2002: "The 2001 Richard Childress Memorial Lecture: A United States Human Rights Policy for the 21st Century," 46 St. Louis U. L. J. 293, (special issue with nine commentators).
2002: "The Case Against Military Commissions," 96 Am. J. Int'l L. 337, April.
2002: "The Spirit of the Laws," 43 Harv. Int'l L.J. 23.
2002: A Better Way to Deal with Iraq, Hartford Courant, October 20.
2003: American Diplomacy and the Death Penalty (with Thomas Pickering), 80 Foreign Service Journal 19, October.
2003: Advice to the Next High Commissioner, Columbia Human Rights L. Rev.
2003: A World Drowning in Guns, 71 Fordham L. Rev.
2003: A Tribute to Tom the Frank, 35 NYU Journal Int’l L. & Pol.
2003: On American Exceptionalism, 55 Stan. L. Rev.
2003: In Memoriam: Dean Eugene V. Rostow, Yale Law Report 16, Summer.
2003: Tribute to John Sexton, 60 Annual Survey of American Law (2003).
2003: The Law Under Stress After September 11, 31 Int’l Legal Info. 317.
2004: "On America's Double Standard: The Good and Bad Faces of American Exceptionalism," American Prospect , October.
2004: International Human Rights of Persons with Mental Disabilities, 63 Md. L. Rev. 1.
2004: Snatched in Sudan, Captive in Khartoum, Times Higher Education Supplement, Feb. 20.
2004: Preface to Jaya Ramji & Beth van Schaack, Bringing the Khmer Rouge to Justice: Prosecuting Mass Violence Before the Cambodian Courts. The Ninth Annual John W. Hager Lecture, The 2004 Term.
2004: Separating Myth and Reality about Corporate Responsibility Litigation, 7 J. Intl Econ. L. 263.
2004: The Supreme Court Meets International Law, Tulsa Journal of Comparative & International Law 12: 1.
2004: Wrong on Rights, Yaleglobal Online
2004: International Law as Part of Our Law, 98 Am. J. Int’l Law 43.
2004: Transnational Legal Process After September 11, 22 Berkeley J. Int’l L.
2004: "The Value of Process," in Why Obey International Law?, 10 Int’l Legal Theory 1.
2004: Rights to Remember, Economist, November, at 24.
2005 "America's Jekyll and Hyde Exceptionalism," chapter in Michael Ignatieff, American Exceptionalism and Human Rights, Princeton University Press.
2005: "Captured by Guantanamo"Choosing Heroes Carefully (Tribute to John Hart Ely), 57 Stan. L. Rev. 723.
2005: "The Wolfgang Friedmann Lecture: A World Without Torture," Columbia Journal of Transnational Law .
2005: "Standing Together," 15 Law & Sexuality, 15:1 "Internalization Through Socialization," Duke L.J. 54: 975.
2006: A World Drowning in Guns, Bridging Theory and Practice, Thomas J. Biersteker, Peter J. Spiro, Chandra Lekha Sriram, and Veronica Raffo, eds., (London: Routledge Press) 59
2006: "The New Global Slave Trade," Displacement, Asylum, Migration 232 (Oxford Amnesty Lectures) (Kate Tunstall ed.)
2006: The Bright Lights of Freedom, NPR: THIS I BELIEVE, Jay Allison & Dan Gediman, eds., (New York: Henry Holt & Company) 141-143; paperback edition (2007).
2006: Tribute to President Francis Daly Fergusson, upon her retirement from Vassar College, Vassar Quarterly, "Energy in the Executive"
2006: Louis B. Sohn: Present at the Creation, Harvard International Law Journal.
2006: Setting the World Right, 115 Yale L.J. 2350.
2006: A World Drowning in Guns, International Law and International Relations:
2006: "Commentary: A World Drowning in Guns," in International Law and International Relations 59-76, (Thomas Biersteker, Veronica Raffo, Peter Spiro and Chandra Sriram, eds Routledge).
2006: "Mark Janis and the American Tradition of International Law," Conn. J. Int’l L.
2006: Why Transnational Law Matters, 24 Penn State Int’l L.Rev. 745.
2006: "A Law Unto Itself?," Yale L.J. (The Pocket Part), March.
2006: The Healing Wisdom of Jay Katz, 6 Yale J. Health Policy, Law and Ethics 397 (Spring)
2006: Unveiling Justice Blackmun, 72 Brooklyn L. Rev. 9 (2006)
2007: Preface to Eugene Fidell, Beth Hillman & Dwight Sullivan, Military Justice: Cases and Materials.
2007: Filártiga v. Pena-Irala: Judicial Internalization of the Customary International Law Norm Against Torture in International Law Stories (Noyes, Dickinson & Janis, eds.; Law Stories Series, Foundation Press)
2007: "Repair America’s Human Rights Reputation"—op-ed appeared in the Summer issue of the Yale Law Report as part of a collection of op-eds written by Yale Law School faculty members.
2007: Is there a "New" New Haven School of International Law? 32 Yale J. Int'l L. 559.
2007: Repairing America’s Human Rights Reputation, 40 Cornell Int’l L.J. 635.
2007: Preface to William J. Aceves, The Anatomy of Torture: A Documentary History of Filártiga v. Peña-Irala.
2007: Harry Andrew Blackmun, in Yale Biographical Dictionary of American Law .
2007: The Activist: Robert S. Drinan S.J., Stirring the Human Rights Revolution, BC Law Magazine 7 (Summer 2007) (tribute to Father Drinan).
2007: In Memoriam: Robert F. Drinan, S.J. (1920-2007) 95 Georgetown Law Journal 1709.
2007: The Future of Lou Henkin’s Human Rights, Movement, 38 Col. H.Rts Rev. 487.
2007: "Can the President Be Torturer in Chief?," Ind. L. Rev. 81:1145 (winner 2007 Green Bag Award for "exemplary writing in a long article" Green Bag Almanac and Reader.
2008: Commentary in Michael W. Doyle, Striking First: Preemption and Prevention in International Conflict 99.
2008: Human Rights and National Security: Chapter in Mark Green, et al., eds, Change for America: Progressive Blueprint for the Next Administration .
2008: Keynote Address: A Community of Reason and Rights, 77 Fordham L. Rev. 583.
2008: Mirjan Damaska: A Bridge Between Two Cultures, in Maximo Langer, et al., Festschrift for Mirjan Damaska .
2008: Sale v. Haitian Centers Council: Guantanamo and Refoulement (with Michael J. Wishnie), in Ford, Hurwitz & Satterthwaite, Human Rights Advocacy Stories.
2008: Tom Eagleton: True Senator, 52 St. Louis U. L Journal 25.
2008: No Torture. No Exceptions. The Washington Monthly, January/February/March .
2008: A Day in Court Denied The Washington Post, Monday, March 31, Page A19.
2009: America and the World, 2020, in THE CONSTITUTION IN 2020 (Siegel & Balkin eds.)
2010: Harold Hongju Koh, Legal Adviser, U.S. Dep’t of State, The Obama Administration and International Law, Keynote Speech at the Annual Meeting of the American Society of International Law (Mar. 25). available at https://www.state.gov/documents/organization/179305.pdf.
2012: The State Department Legal Adviser’s Office: Eight Decades in Peace and War, 100 Georgetown L.J. 1 747.
2015: "The People," Interview with HanYang Law Review, Han Yang L. Rev. 97.
2015: Reflections on the Law and Politics of the Kosovo Case, Chapter 18 in The Law and Politics of the Kosovo Advisory Opinion (M. Wood & M. Milanovic eds.).
2016: "The Crime of Aggression: The United States Perspective" (with Todd F. Buchwald), in Claus Kress & Stefan Barriga, eds., The Crime of Aggression: A Commentary (CUP)
2016: "The Legal Adviser’s Duty to Explain," The Role of Legal Advisers in International Law (Andraz Zidar & Jean-Pierre Gauci eds)
2016: Rapporteur’s Report, Global Migration Crisis: Its Challenges to the United States, Europe and Global Order, Richard C. Holbrooke Forum at the Brookings Institution,
2016: "The Legal Adviser’s Duty to Explain," 41 Yale J. Int’l Law 189.
2016: "Michael Ratner: The Leading Progressive Lawyer of a Generation," May 12.
2016: "‘Effective’ Policy in Syria: Ambassador Robert Ford’s View," Just Security Blog, June 21.
2016: "Global Tobacco Control as a Health and Human Rights Imperative," 57 Harv. Int’l L.J. 433.
2018: Presidential Power to Terminate International Agreements, Yale L.J. Forum –
Selected Congressional Testimony
1988: Testimony on H.R. 3665, the Official Accountability Act, before the House Judiciary Committee, Subcommittee on Criminal Justice, (June 15, 1988)
1990: Hearings Before the Senate Foreign Relations Committee, 101st Cong., 2d Sess. 92 (Nov. 26, 1990)
1991: Senate Judiciary Committee (January 8, 1991) "Executive-Congressional Relations in a Multipolar World,"
1992: Hearing before Legislation and National Security Subocmmittee; House Government Operations Committee, 102nd Cong., 2nd Sess. 97 (April 9, 1992) "The Constitutional Roles of Congress and the President in Waging and Declaring War,"
1992: House Foreign Affairs Committee (June 11, 1992) "U.S. Human Rights Policy
Toward Haiti,"
1994: Hearing Before the Subcommittee on Western Hemisphere and Peace Corps Affairs of the Senate Committee on Foreign Relations, 103d Cong. 2d Sess. (Mar. 8, 1994) "The Nonrefoulement Reaffirmation Act of 1992,"
1999: Testimony "Country Reports on Human Rights Conditions,": Testimony before the Subcommittee on International Operations and Human Rights, U.S. House of Representatives (March 3, 1999) "Human Rights in China,"
1999: Hearing before the Commission on Security and Cooperation in Europe; Washington, DC, (March 17, 1999). "Country Reports on Human Rights Conditions,"
1999: Hearing Before the House Committee on International Relations (Sept. 14, 1999) "Human Rights at the End of the 20th Century,"
1999: Testimony International Operations and Human Rights, U.S. House of Representatives, Washington DC (January 20, 1999) "U.S. Policy Toward Haiti":
2000: Testimony before the Subcommittee on International Operations and Human Rights, U.S. House of Representatives Washington, DC, (March 8, 2000). "The Global Problem of Trafficking in Persons: Breaking the Vicious Cycle,"
2000: Hearing before the Commission on Security and Cooperation in Europe, Washington, DC (March 9, 2000), "Country Reports on Human Rights Conditions,"
2002: Hearing Before the U.S. Senate Foreign Relations Committee (June 13, 2002) "Human Rights in Turkey."
2003: Testimony before the House Committee on International Relations regarding "A survey and analysis of supporting human rights and democracy: The U.S. record 2002–2003" (July 9, 2003) "United States Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women."
2005: Testimony before the Senate Judiciary Committee regarding "The Nomination of the Honorable Alberto R. Gonzales as Attorney General of the United States" (January 7,
2005);
2006: Testimony before the Senate Committee on the Judiciary regarding "Wartime Executive Power and the National Security Agency’s Surveillance Authority" (February 28, 2006);
2006: Testimony before the Senate Committee on the Judiciary regarding "Hamdan v. Rumsfeld: Establishing a Constitutional Process" (July 11, 2006);
2007: Testimony before the House Foreign Relations Committee regarding "The 2006 Country Reports on Human Rights Practices and the Promotion of Human Rights in U.S. Foreign Policy" (March 29, 2007);
2008: Testimony before the Senate Judiciary Committee Subcommittee on the Constitution regarding Restoring the Rule of Law (September 16, 2008);
2011: Testimony before the Senate Foreign Relations Committee Regarding Use of Military Force in Libya, June 28, 2011;
2014: Testimony before the Senate Foreign Relations Committee Regarding Authorization for use of Military Force After Iraq and Afghanistan, May 21, 2014;
Selected Legal Activities
1982: Litigation before Iran-U.S. Claims Tribunal, Case No. 55, Amoco Iran v. Islamic Republic of Iran (as Private Practitioner)
1982: Co-counsel for Iranian Hostages in Persinger v. Iran (D.C. Cir. 1982) and Cooke v. United States (Cl. Ct. 1982) (as Private Practitioner)
1985: Co-author, Brief Amicus Curiae Urging Denial of Certiorari, Tel-Oren v.Libyan Arab Republic, reprinted in 24 I.L.M. 427 (1985) (as Justice Department Attorney)
1988: Co-author (with David Cole and Jules Lobel), "Interpreting the Alien Tort Statute: Amicus Curiae Memorandum of International Law Scholars and Practitioners in Trajano v. Marcos," 12 Hastings Int'l & Comp. L. Rev. 1 (1988) (published Amicus Curiae Brief on behalf of nineteen international law scholars and practitioners in international human rights case).
1990: Co-author (with ten other constitutional law scholars) of Memorandum Amicus Curiae of Law Professors in Ronald v. Dellums v. George Bush(D.D.C. 1990), reprinted in 27 Stanford Journal International Law 257 (1991); (with nine other constitutional law scholars) of Correspondence With Assistant Attorney General Walter Dellinger re Legality of United States Military Action in Haiti, reprinted in 89 American Journal International Law 127 (1995)
1990: Amicus Curiae, U.S. Supreme Court, Argentine Republic v. Amerada Hess (1990);
1991: Co-founder (with Michael Ratner), Allard K. Lowenstein International Human Rights Clinic at Yale Law School (1991-)
1991: Xuncax v. Gramajo, No. 91-11564WD (D.Mass., filed June 6, 1991);
1992: Co-recipient, 1992 Human Rights Award, American Immigration Lawyers' Association; Asian Law Caucus)
1992: United States v. Alvarez-Machain, (1992);
1992: Trajano v. Marcos, 978 F.2d 493, 499¬500 (9th Cir. 1992), cert. denied, 113 S. Ct. 2960 (1993);
1992: Ortiz v. Gramajo (D.Mass. 1992) ($47.5 million judgment awarded);
1993: Nelson v. Saudi Arabia, No. 91-522 (1993);
1993: Jaffe v. Snow, No. 93-241 (1993);
1993: Paul v. Avril, 812 F. Supp. 207 (S.D. Fla. 1993) ($41 million judgment awarded);
1993: Lead counsel for plaintiffs, Sale v. Haitian Centers Council, Inc., 113 S.Ct. 2549 (1993), 823 F.Supp. 1028 (E.D.N.Y. 1993), and 969 F.2d 1326 (2nd Cir. 1992) (For work done on this case, recognized by Haiti 2004, Korean-American Alliance, Political Asylum Immigration Representation Project and as co-recipient, 1993 Justice in Action Award, Asian-American Legal Defense and Education Fund;
1993: Abebe-Jiri v. Negewo, No. 90-2010, Slip Op. at 7 (N.D. Ga. Aug. 20, 1993).
1994: Doe v. Karadzic, 866 F. Supp. 734 (1994);
1994: Co-counsel for petitioners, In re civilian population of Chiapas, Mexico and certain Members of the Ejercito Zapatista de Liberacion Nacional (Inter-American Commission on Human Rights) (filed January 27, 1994);
1994: Todd v. Panjaitan, No 92-12255WD (D. Mass. decided October 25, 1994) ($14 million judgment awarded);
1995: Belance v. FRAPH, No. 94-2619 (E.D.N.Y.) (Nickerson, J.) (For work done on Avril and Gramajo cases, named as co-recipient, 1995 Trial Lawyer of the Year Award, by the Trial Lawyers for Public Justice).
1995: Of counsel and oralist for plaintiffs, Cuban-American Bar Ass'n v. Christopher, 43 F.3d 1413 (11th Cir. 1995) (For work done on this case, received 1994 Human Rights Award from Cuban-American Bar Ass'n)
1995: In re Haitian population of Bahamas Co-counsel for plaintiffs, Doe v. Karadzic, 70 F.3d 232 (1995); 176 F.R.D. 458 (S.D.N.Y. 1997) (represented from filing of complaint until 1998, when withdrew from representation to join U.S. government; after a two-week jury trial in September 2000, a jury awarded plaintiffs approximately $ 4.5 billion in compensatory and punitive damages);
1995: No. 94-9035 (2d Cir. 1995);
1995: No. 93-9133 Negewo v. Abebe-Jira, 11th Cir. 1995;
1996: Greenpeace, Inc. (U.S.A.) v. France, 946 F. Supp. 773 (C.D. Cal. 1996);
2001: Counsel for U.S. Diplomats Morton Abramowitz, et al, Amicus Curiae in McCarver v. North Carolina, No. 00-8727 (U.S. cert. Dismissed Sept. 25, 2001) (arguing that execution of those with mental retardation violates Eighth Amendment's cruel and unusual punishments clause); Consultant, United Nations High Commissioner on Refugees Global Consultations on reformation of the UN Refugee Convention, Cambridge University (Summer 2001);
2001: Counsel for respondents, Royal Dutch Petroleum Co. v. Ken Wiwa, et al., (U.S. S.Ct., No. 00-1168, cert. denied March 26, 2001)
2005: Counsel for amicus curiae Medellin v. Dretke, 544 U.S. 660, 687 (2005) (cert. dismissed as improvidently granted); Roper v. Simmons 543 U.S. 551 (2005), Atkins v.Virginia, 122 S. Ct. 2242 (No. 00-8452 decided June 20, 2002),
2006: Counsel for amicus curiae U.S. diplomats in Sanchez-Llamas v. Oregon, 126 S. Ct. 2669 (2006);
2009-13: numerous briefs as Legal Adviser to the U.S. Department of State (2009-13);
2014: Foreign and Comparative Law Scholars, Hollingsworth v. Perry (U.S. S. Court 2014);
2017: Amicus Brief of National Security Officials, IRAP v. Trump (DMd. 2017);
2017: Consultant for "Legal Report for the Inquiry on Protecting Children in Conflict" submitted to Special Representative for the Secretary General on Children in Armed Conflict and United Nations Special Envoy for Global Education Gordon Brown by Legal Panel headed by Shaheed Fatima, QC editor);
2017: Advisory Committee for Council on Foreign Relations Study on "Countering Sexual Violence in Conflict" (2017 Jamille Bigio & Rachel Vogelstein editors);
2017: Amicus Brief of National Security Officials, Darweesh v.Trump (EDNY 2017);
2017: Expert Witness Declaration of National Security Officials, Washington v. Trump (9th Cir. 2017);
2017: Amicus Curiae Briefs for Yale Law School Rule of Law Clinic on behalf of 50 Former National Security Officials in IRAP v.Trump (Supreme Court 2017); IRAP v. Trump (4th Cir. 2017) & Hawaii v. Trump Brief (9th Cir. 2017), and joint declarations before assorted district courts (challenging Travel Ban 1.0, 2.0 & 3.0); on behalf of Former National Security Officials in Stone v. Trump (D.D.C. 2017) (challenging transgender ban); on behalf of Former National Security Officials in Blumenthal v. Trump in support of Plaintiffs’ Memorandum in Opposition to Defendant’s Motion to Dismiss (arguing for applicability of Foreign Emoluments Clause to President’s private business dealings);
2017: Amicus brief on behalf of Former National Security Officials in Cockrum v. Donald Trump for President (D.D.C. 2017) (amicus brief in support of neither party discussing Russian active measures);
2017: Amicus brief on behalf of Former National Security Officials in Stone v. Trump (D.D.C. 2017) (challenging transgender ban).
2018: Counsel of Record in Amicus Curiae Briefs for Yale Law School Rule of Law Clinic on behalf of 50 Former National Security Officials in Hawaii v. Trump
2018: Counselor to ALI Restatement (Fourth) of Foreign Relations Law of the United States (2014-18); Lead author, Yale Rule of Law Clinic, A Reader’s Guide to the Twenty-Fifth Amendment.
2018: Brief (Supreme Court 2018), and joint declarations of former national security officials in Washington v. Trump (WD Was 2018), Hawaii v. Trump (D. Haw. 2018) and Pars Equality Center v. Trump (D.D.C. 2018) (all challenging Travel Ban 3.0).
Selected International Litigation and Arbitration
1986: Counsel for U.S., Nicaragua v. United States, Provisional Measures, 1986 I.C.J. 14 (as U.S. Justice Department Attorney).
1987: Counsel for the applicant in Amoco Iran (Case 55) (Iran-U.S. Claims Tribunal 1987);
1994: Arbitrator, Binational Dispute Settlement Panel Convened Under Chapter 19 of the U.S.-Canada Free Trade Agreement, No. U.S.A.-93-1904-05, In re Certain Flat-Rolled Carbon Steel Products from Canada (Nov. 4, 1994);
2010: Counsel for United States of America in Advisory Opinion on the Accordance with International Law of the Unilateral Declaration of Independence In Respect of Kosovo, 2010 ICJ Rep. 403 (July 22, 2010);
2010: Counsel for the United States of America in Apotex (ICSID 2010),
2011: Counsel for the United States of America in Grand River Enterprises Six Nations, Ltd. v. United States of America, UNCITRAL, Final Award (Jan. 12, 2011);
2012: Counsel for the United States of America in Ecuador v. U.S. (PCA 2012),
2012: Counsel for United States in Case A(15)(2)(a) (Iran U.S. Claims Tribunal 2012);
2016: Counsel for Uruguay in Phillip Morris Brands Sarl v. Oriental Republic of Uruguay, ICSID Case No. ARB/10/7, Award (July 8, 2016);
2017: Counsel for Ukraine in Case Concerning Application of the International Convention for the Suppression of the Financing of Terrorism and of the International Convention on the Elimination of All Forms of Racial Discrimination (Ukraine v. Russian Federation) - Provisional Measures (April 19, 2017);
2018: Counsel for Timor-Leste, Compulsory Conciliation with Australia regarding Maritime Boundary (Permanent Court of Arbitration 2018);
2018: Counsel for Chile, Obligation to Negotiate Access to the Pacific Ocean (Bolivia v. Chile), Preliminary Objections and Merits (2016, 2018).
Selected Named Lectures
1993: McGill Law School;
1993: Convocation Lecturer, Duke Law School;
1993: William H. Leary Lecture, University of Utah Law School;
1993: Gerber Lecture, University of Maryland.
1994: Emmanuel Emroch Lecture, University of Richmond Law School;
1994: Roscoe Pound Lecture, University of Nebraska College of Law;
1994: George Allen Distinguished Visiting Professor, University of Richmond Law School. 1994; Roy R. Ray Lecture, Southern Methodist University School of Law;
1995 Martin Luther King Lecture, Smithsonian Institution;
1995: Mason Ladd Lecture, Florida State University;
1995: Ralph Kharas Lecture, Syracuse University;
1995: Scholar-in-Residence, Hofstra University;
1995: Enrichment Lecturer, George Washington University National Law Center;
2017: Vacketta-DLA Piper Lecture, University of Illinois College of Law;
2017: Baldy Lecture, University of Buffalo School of Law;
2017: Handa Lecture, Stanford University;
2017: Robinson Lecture, University of California Irvine School of Law;
2017: Lady Margaret Lecture, Christ’s College Cambridge;
2017: Dickey Lecture, Dartmouth College;
2018: Sterry R. Waterman Lecture, Vermont Law School;
Selected Commencement Addresses
1987, 1989, 2000, 2009: Yale Law School,
1995: University of Maryland (Baltimore) School of Law.
1999: Albertus Magnus College;
1999: NYU Law School;
2000: Touro College of Law;
2000: Villanova Law School;
2000: Dickinson College;
2000: University of Connecticut School of Law;
2002: Skidmore College;
Boards
East Rock Institute (Secretary);
1987-88: YLS Early Learning Center (Treasurer).
1988-90: Initiative for Public Interest Law at Yale (Chair);
1993-96: St. Thomas's Day School;
1993-7: Connecticut Civil Liberties Union;
1994-98: Human Rights Watch;
1994-98, 2013-: Secretary of State's Advisory Committee on Public International Law;
1996-2002: Visiting Committee, Harvard Law School;
1996-98: Interights;
1997-: Hopkins School;
2001-: Board of Human Rights First (formerly Lawyers Committee for Human Rights);
2001-: Board, National Democratic Institute;
2001-: Board of International Campaign for Tibet;
2001-: Board of Human Rights in China;
2001-8: Harvard University Overseer;
2002-5: Board of Directors, Human Rights in China;
2004: Visiting Committee, University of Toronto Faculty of Law;
2004- 05: Connecticut Bar Foundation Board of Directors;
2004-09: Brookings Institution Board of Directors;
2006-09, 2013-: American Law Institute, Council;
2007-: Visiting Committee, Harvard Kennedy School of Government;
2007-9, 2013-: Board of Directors, American Arbitration Association;
2008-: Counsellor, American Society of International Law, Washington, DC (honorary post); 2001-: Thomas J. Dodd Research Center National Advisory Board;
2013-: Advisory Committee, Salzburg Global Seminar;
2017: International Advisory Panel, National University of Singapore Law Faculty;
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