Tom Franck and the Manhattan School

Abstract

In 1963, he opened an article positioning national courts as a disaggregated international judiciary with a transposition of Holmes, turned what, exactly - coy, ironic, insistent - by the added words "of course": "International law is, of course, what international courts do. ... Postwar American international law was consolidated here, in Manhattan in the 1960s - and Tom was its Andy Warhol. ... Looking back, we can distinguish three quite different voices for mainstream liberalism in international law (see Figure 7). ... In the 1960s, it's psychology, political science, and game theory modeling. ... Both embraced policy and the vocabularies of politic realism and ethical liberalism. ... Meanwhile, in the field of international law, sprouts had begun to grow that would become a new consensus, a renewed liberal vision in the field - after the Cold War ended, and the Democrats came back to power. ... In such a world, one could advance international humanitarianism both by elaborating the humanitarian vocabulary and by promoting it as the vocabulary for statecraft. ... Whether or not the United States preoccupation with Iraq will ultimately be good or bad for humanitarian or liberal objectives, the key point is that it must be pursued through the United Nations and articulated in the vocabulary of law. ... Third, in 1995, Fairness in International Law and Institutions. ... Fairness is not a political science term like reciprocity or expectation, nor is it a philosophical term like justice. ...