Thomas Franck (lawyer)
Encyclopedia
Thomas Franck was a lawyer, law professor, and expert on international law
. Franck was the Murry and Ida Becker Professor of Law at New York University
and advised many nations on legal matters, even helping some to write their constitutions.
and spent six months in Switzerland
. After being denied visas
to emigrate to the United States
, the Franck family obtained Canadian visas and moved to Vancouver
. Franck attended the University of British Columbia
, where he received his B.A.
in 1952. In 1953, he received his Bachelor of Laws
from the same school.
where he received a Master of Laws
in 1954 and a Doctor of Juridical Science
in 1959. He joined the faculty of New York University
in 1957 as an associate professor, becoming a full professor in 1962, and receiving a named chair, as the Murry and Ida Becker Professor of Law in 1988.
Fracnk published prolifically, as the author or co-author of 31 books. He also held various leadership positions and fellowships. In 1973 and 1982, he received Guggenheim Fellowship
s. From 1998 to 2000, he served as the president of the American Society of International Law
, and in 1965 he served as the first director of the Center for International Studies at NYU. In addition to teaching at NYU, Franck taught as a visiting professor at the University of Cambridge
, Stanford University
and York University
.
Franck's work on international law was well respected. David Kennedy
, of Brown University
, called Franck "the leading American scholar of international law".
In Race and Nationalism: The Struggle for Power in Rhodesia-Nyasaland, Franck studied the effect of nationalism on power struggles in Central Africa, based on research during his travels in Rhodesia
in 1957. Writing in International Affairs
, R.C. Pratt decisively criticized the book, calling it "shrill, without sympathetic insight, historical perspective, or understanding" and leading African historian Terence Ranger
wrote that the book was "original only when it is inaccurate."
Franck's next major book, East African Unity Through Law, was published by Yale University Press
in 1965. The book discussed African federalism
in depth, and was largely informed by Franck's own experiences as a constitutional consultant for Zanzibar
. In the book Franck showed the lack of success up to that time in efforts at transnational federations on the continent, arguing that this was largely the result of former colonial administrators who focused only on the problems of independence and neglected transnational issues. Franck was also critical of the British Commonwealth, and Louis Blom-Cooper
wrote in International Affairs that Franck's points on the Commonwealth were "mildly prophetic."
In 1968, Franck finished his next book, A Free Trade Association, which he co-edited along with Edward Weisband. The book was based on the proceedings of a conference at NYU on a proposed free-trade association consisting of the United States, Canada, and the United Kingdom, envisioned as an alternative to the European Economic Community
. Franck wrote the first chapter, examining the political implications of such an arrangement and argued that the United States needed to stay engaged with Western Europe.
The same year, Franck edited a second book, Why Federations Fail, which returned to many of the themes examined in East African Unity Through Law. The book examined several cases of failed federation, including a chapter on East Africa by Franck, and concluded with another chapter by Franck on the common themes of federation failure. In his concluding chapter, Franck emphasized the uniqueness of each individual federation, and the difficulty of finding common points, but he went on to conclude that ideological commitment was one of the most important prerequisites for federation.
Franck completed a third book in 1968, The Structure of Impartiality. In the book, Franck analyzed the absence of third-party, impartial decision makers in the international system. Franck wrote that "the failure of the international community to develop a system of third-party lawmaking to that of the national community may well prove to be the fatal error of our civilization", and wrote of the many benefits that a third-party decision-making body would bring.
In 1971, Franck again collaborated with Edward Weisband on his next book, Word Politics: Verbal Strategy Among Superpowers. The book analyzed the importance of "how rationalize their actions", arguing that the cover stories advanced by politicians to disguise acts of aggression had a profound, long-term effect on the international system. In particular, Franck and Weisband argued that the rationales advanced by the superpowers set a precedent for the action of both other major powers and for smaller and less powerful states who then felt it was justified to act as the major powers had. The book combined a theoretical framework for this process with case studies, showing how their theories had been at work in the previous several decades. The two showed, for example, that the United States's Johnson Doctrine
used to justify intervention in the Dominican Republic
in 1965 was almost identical to the Brezhnev Doctrine
used to justify the Soviet invasion of Czechoslovakia three years later. Robert Jervis
, in a review of the book for Public Opinion Quarterly
, presented a detailed critique of some of the claims in the book, arguing that it overstated the role of words and understated the role of actions. Nonetheless, he concluded that the book made "an important contribution" to scholarship and showed that "words matter much more than realists believe."
and Rhodesia
, which is now known as Zimbabwe
. He also worked on the constitution of Tanzania
which encompassed the former Tanganyika
and Zanzibar
. He served as legal advisor to the African governments of Chad
, Kenya
and Mauritius
; and in addition, he was a legal advisor to the governments of the Solomon Islands
and El Salvador
.
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. Franck was the Murry and Ida Becker Professor of Law at New York University
New York University
New York University is a private, nonsectarian research university based in New York City. NYU's main campus is situated in the Greenwich Village section of Manhattan...
and advised many nations on legal matters, even helping some to write their constitutions.
Early life
Franck was born on July 14, 1931 in Berlin, the son of a Jewish family. In November 1938, his family fled Nazi GermanyNazi Germany
Nazi Germany , also known as the Third Reich , but officially called German Reich from 1933 to 1943 and Greater German Reich from 26 June 1943 onward, is the name commonly used to refer to the state of Germany from 1933 to 1945, when it was a totalitarian dictatorship ruled by...
and spent six months in Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
. After being denied visas
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
to emigrate to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the Franck family obtained Canadian visas and moved to Vancouver
Vancouver
Vancouver is a coastal seaport city on the mainland of British Columbia, Canada. It is the hub of Greater Vancouver, which, with over 2.3 million residents, is the third most populous metropolitan area in the country,...
. Franck attended the University of British Columbia
University of British Columbia
The University of British Columbia is a public research university. UBC’s two main campuses are situated in Vancouver and in Kelowna in the Okanagan Valley...
, where he received his B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in 1952. In 1953, he received his Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
from the same school.
Academic career
Franck began his teaching career as an assistant professor at the University of Nebraska in 1954. He then studied at Harvard UniversityHarvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
where he received a Master of Laws
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
in 1954 and a Doctor of Juridical Science
Doctor of Juridical Science
Doctor of Juridical Science, Doctor of the Science of Law, Scientiae Juridicae Doctor , abbreviated J.S.D. or S.J.D., is a research doctorate in law and equivalent to the PhD It is offered primarily in the United States, where it originated, and in Canada...
in 1959. He joined the faculty of New York University
New York University
New York University is a private, nonsectarian research university based in New York City. NYU's main campus is situated in the Greenwich Village section of Manhattan...
in 1957 as an associate professor, becoming a full professor in 1962, and receiving a named chair, as the Murry and Ida Becker Professor of Law in 1988.
Fracnk published prolifically, as the author or co-author of 31 books. He also held various leadership positions and fellowships. In 1973 and 1982, he received Guggenheim Fellowship
Guggenheim Fellowship
Guggenheim Fellowships are American grants that have been awarded annually since 1925 by the John Simon Guggenheim Memorial Foundation to those "who have demonstrated exceptional capacity for productive scholarship or exceptional creative ability in the arts." Each year, the foundation makes...
s. From 1998 to 2000, he served as the president of the American Society of International Law
American Society of International Law
The American Society of International Law is a nonprofit, nonpartisan, educational membership organization, based in Washington, D.C.. It was founded in 1906, and was chartered by the United States Congress in 1950...
, and in 1965 he served as the first director of the Center for International Studies at NYU. In addition to teaching at NYU, Franck taught as a visiting professor at the University of Cambridge
University of Cambridge
The University of Cambridge is a public research university located in Cambridge, United Kingdom. It is the second-oldest university in both the United Kingdom and the English-speaking world , and the seventh-oldest globally...
, Stanford University
Stanford University
The Leland Stanford Junior University, commonly referred to as Stanford University or Stanford, is a private research university on an campus located near Palo Alto, California. It is situated in the northwestern Santa Clara Valley on the San Francisco Peninsula, approximately northwest of San...
and York University
York University
York University is a public research university in Toronto, Ontario, Canada. It is Canada's third-largest university, Ontario's second-largest graduate school, and Canada's leading interdisciplinary university....
.
Franck's work on international law was well respected. David Kennedy
David Kennedy (jurist)
David W. Kennedy is an American academic and legal scholar known for his work on, and criticism of, international law. he holds an appointment as Vice President International Affairs at Brown University, and the endowed chair as David and Marianna Fisher University Professor of International...
, of Brown University
Brown University
Brown University is a private, Ivy League university located in Providence, Rhode Island, United States. Founded in 1764 prior to American independence from the British Empire as the College in the English Colony of Rhode Island and Providence Plantations early in the reign of King George III ,...
, called Franck "the leading American scholar of international law".
Books
Franck's 31 books covered "a wide range of international issues," starting with his 1960 book Race and Nationalism: The Struggle for Power in Rhodesia-Nyasaland and ending with his 2002 book, Recourse to force : state action against threats and armed attacks.In Race and Nationalism: The Struggle for Power in Rhodesia-Nyasaland, Franck studied the effect of nationalism on power struggles in Central Africa, based on research during his travels in Rhodesia
Rhodesia
Rhodesia , officially the Republic of Rhodesia from 1970, was an unrecognised state located in southern Africa that existed between 1965 and 1979 following its Unilateral Declaration of Independence from the United Kingdom on 11 November 1965...
in 1957. Writing in International Affairs
International Affairs (journal)
International Affairs is Britain's leading peer-reviewed academic journal of international relations founded by Chatham House in 1924. It is published bi-monthly by Wiley-Blackwell . Currently its editor-in-chief is Caroline Soper...
, R.C. Pratt decisively criticized the book, calling it "shrill, without sympathetic insight, historical perspective, or understanding" and leading African historian Terence Ranger
Terence Ranger
Terence Osborn Ranger is a prominent African historian, focusing on the history of Zimbabwe. Part of the post-colonial generation of historians, his work spans the pre- and post-Independence period in Zimbabwe, from the 1960s to the present....
wrote that the book was "original only when it is inaccurate."
Franck's next major book, East African Unity Through Law, was published by Yale University Press
Yale University Press
Yale University Press is a book publisher founded in 1908 by George Parmly Day. It became an official department of Yale University in 1961, but remains financially and operationally autonomous....
in 1965. The book discussed African federalism
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
in depth, and was largely informed by Franck's own experiences as a constitutional consultant for Zanzibar
Zanzibar
Zanzibar ,Persian: زنگبار, from suffix bār: "coast" and Zangi: "bruin" ; is a semi-autonomous part of Tanzania, in East Africa. It comprises the Zanzibar Archipelago in the Indian Ocean, off the coast of the mainland, and consists of numerous small islands and two large ones: Unguja , and Pemba...
. In the book Franck showed the lack of success up to that time in efforts at transnational federations on the continent, arguing that this was largely the result of former colonial administrators who focused only on the problems of independence and neglected transnational issues. Franck was also critical of the British Commonwealth, and Louis Blom-Cooper
Louis Blom-Cooper
Sir Louis Jacques Blom-Cooper QC FKC is an author and UK lawyer specialising in public law and administrative law.-Education:...
wrote in International Affairs that Franck's points on the Commonwealth were "mildly prophetic."
In 1968, Franck finished his next book, A Free Trade Association, which he co-edited along with Edward Weisband. The book was based on the proceedings of a conference at NYU on a proposed free-trade association consisting of the United States, Canada, and the United Kingdom, envisioned as an alternative to the European Economic Community
European Economic Community
The European Economic Community The European Economic Community (EEC) The European Economic Community (EEC) (also known as the Common Market in the English-speaking world, renamed the European Community (EC) in 1993The information in this article primarily covers the EEC's time as an independent...
. Franck wrote the first chapter, examining the political implications of such an arrangement and argued that the United States needed to stay engaged with Western Europe.
The same year, Franck edited a second book, Why Federations Fail, which returned to many of the themes examined in East African Unity Through Law. The book examined several cases of failed federation, including a chapter on East Africa by Franck, and concluded with another chapter by Franck on the common themes of federation failure. In his concluding chapter, Franck emphasized the uniqueness of each individual federation, and the difficulty of finding common points, but he went on to conclude that ideological commitment was one of the most important prerequisites for federation.
Franck completed a third book in 1968, The Structure of Impartiality. In the book, Franck analyzed the absence of third-party, impartial decision makers in the international system. Franck wrote that "the failure of the international community to develop a system of third-party lawmaking to that of the national community may well prove to be the fatal error of our civilization", and wrote of the many benefits that a third-party decision-making body would bring.
In 1971, Franck again collaborated with Edward Weisband on his next book, Word Politics: Verbal Strategy Among Superpowers. The book analyzed the importance of "how rationalize their actions", arguing that the cover stories advanced by politicians to disguise acts of aggression had a profound, long-term effect on the international system. In particular, Franck and Weisband argued that the rationales advanced by the superpowers set a precedent for the action of both other major powers and for smaller and less powerful states who then felt it was justified to act as the major powers had. The book combined a theoretical framework for this process with case studies, showing how their theories had been at work in the previous several decades. The two showed, for example, that the United States's Johnson Doctrine
Johnson Doctrine
The Johnson Doctrine, enunciated by U.S. President Lyndon B. Johnson after the United States' intervention in the Dominican Republic in 1965, declared that domestic revolution in the Western Hemisphere would no longer be a local matter when "the object is the establishment of a Communist...
used to justify intervention in the Dominican Republic
Dominican Republic
The Dominican Republic is a nation on the island of La Hispaniola, part of the Greater Antilles archipelago in the Caribbean region. The western third of the island is occupied by the nation of Haiti, making Hispaniola one of two Caribbean islands that are shared by two countries...
in 1965 was almost identical to the Brezhnev Doctrine
Brezhnev Doctrine
The Brezhnev Doctrine was a Soviet Union foreign policy, first and most clearly outlined by S. Kovalev in a September 26, 1968 Pravda article, entitled “Sovereignty and the International Obligations of Socialist Countries.” Leonid Brezhnev reiterated it in a speech at the Fifth Congress of the...
used to justify the Soviet invasion of Czechoslovakia three years later. Robert Jervis
Robert Jervis
Robert Jervis is the Adlai E. Stevenson Professor of International Affairs at Columbia University, and has been a member of the faculty since 1980. Jervis was the recipient of the 1990 University of Louisville Grawemeyer Award for Ideas Improving World Order...
, in a review of the book for Public Opinion Quarterly
Public Opinion Quarterly
Public Opinion Quarterly is an academic journal published by Oxford University Press for the American Association for Public Opinion Research...
, presented a detailed critique of some of the claims in the book, arguing that it overstated the role of words and understated the role of actions. Nonetheless, he concluded that the book made "an important contribution" to scholarship and showed that "words matter much more than realists believe."
Legacy
Decolonization during the 1950s and 1960 implicated a process of drafting constitutions for the former colonies as they evolved into independent nation states. Franck was involved in developing constitutions for several African nations which were emerging from British rule Sierra LeoneSierra Leone
Sierra Leone , officially the Republic of Sierra Leone, is a country in West Africa. It is bordered by Guinea to the north and east, Liberia to the southeast, and the Atlantic Ocean to the west and southwest. Sierra Leone covers a total area of and has an estimated population between 5.4 and 6.4...
and Rhodesia
Rhodesia
Rhodesia , officially the Republic of Rhodesia from 1970, was an unrecognised state located in southern Africa that existed between 1965 and 1979 following its Unilateral Declaration of Independence from the United Kingdom on 11 November 1965...
, which is now known as Zimbabwe
Zimbabwe
Zimbabwe is a landlocked country located in the southern part of the African continent, between the Zambezi and Limpopo rivers. It is bordered by South Africa to the south, Botswana to the southwest, Zambia and a tip of Namibia to the northwest and Mozambique to the east. Zimbabwe has three...
. He also worked on the constitution of Tanzania
Tanzania
The United Republic of Tanzania is a country in East Africa bordered by Kenya and Uganda to the north, Rwanda, Burundi, and the Democratic Republic of the Congo to the west, and Zambia, Malawi, and Mozambique to the south. The country's eastern borders lie on the Indian Ocean.Tanzania is a state...
which encompassed the former Tanganyika
Tanganyika
Tanganyika , later formally the Republic of Tanganyika, was a sovereign state in East Africa from 1961 to 1964. It was situated between the Indian Ocean and the African Great Lakes of Lake Victoria, Lake Malawi and Lake Tanganyika...
and Zanzibar
Zanzibar
Zanzibar ,Persian: زنگبار, from suffix bār: "coast" and Zangi: "bruin" ; is a semi-autonomous part of Tanzania, in East Africa. It comprises the Zanzibar Archipelago in the Indian Ocean, off the coast of the mainland, and consists of numerous small islands and two large ones: Unguja , and Pemba...
. He served as legal advisor to the African governments of Chad
Chad
Chad , officially known as the Republic of Chad, is a landlocked country in Central Africa. It is bordered by Libya to the north, Sudan to the east, the Central African Republic to the south, Cameroon and Nigeria to the southwest, and Niger to the west...
, Kenya
Kenya
Kenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
and Mauritius
Mauritius
Mauritius , officially the Republic of Mauritius is an island nation off the southeast coast of the African continent in the southwest Indian Ocean, about east of Madagascar...
; and in addition, he was a legal advisor to the governments of the Solomon Islands
Solomon Islands
Solomon Islands is a sovereign state in Oceania, east of Papua New Guinea, consisting of nearly one thousand islands. It covers a land mass of . The capital, Honiara, is located on the island of Guadalcanal...
and El Salvador
El Salvador
El Salvador or simply Salvador is the smallest and the most densely populated country in Central America. The country's capital city and largest city is San Salvador; Santa Ana and San Miguel are also important cultural and commercial centers in the country and in all of Central America...
.
Honors
- Guggenheim FellowshipGuggenheim FellowshipGuggenheim Fellowships are American grants that have been awarded annually since 1925 by the John Simon Guggenheim Memorial Foundation to those "who have demonstrated exceptional capacity for productive scholarship or exceptional creative ability in the arts." Each year, the foundation makes...
, 1973 and 1982. - American Society of International LawAmerican Society of International LawThe American Society of International Law is a nonprofit, nonpartisan, educational membership organization, based in Washington, D.C.. It was founded in 1906, and was chartered by the United States Congress in 1950...
, President, 1998-2000.