|It is with the deepest respect and condolences that the International Law Institute advises on the passing of Robert E. Herzstein. Robert served as Chairman of the International Law Institute in the 1970's. Robert's leadership and vision was critical in focusing ILI's mission and directing our organization as an independent provider of sophisticated and highly customized capacity building programs and technical assistance projects for developing countries and emerging economies.
Dr. Herzstein led an extraordinarily distinguished and influential career:
Robert earned his B.A., M.A., and Ph.D. from New York University and his law degree from Harvard Law School.
Robert served as Under Secretary – U.S. Department of Commerce. In the practice of law Robert served as Chair and Senior Partner Miller & Chevalier, LLP, Partner of Arnold and Porter, LLP and Partner at Sherman & Sterling, LLP. Within academia, Dr. Herzstein served as Professor – University of South Carolina; Faculty at Massachusetts Institute of Technology (MIT), Carnegie Mellon University and taught NAFTA and Lawmaking in the Global Economy at Harvard Law School. Robert was very conscious to assist and lead non governmental organizations and organizations focused on advancing social and economic advancements. Robert served as Chairman of Partners for Democratic Change; Chairman of Gulf of Mexico States Partnership, Inc.; Chairman of the International Law Institute; Founding Director of the Appleseed Network; Board Member of the Council of the Americas, Inc. and served with the International Human Rights Law Group and was a founder and Board Member of the Senior Lawyer Project.
Robert Herzstein was noted as one of the best international lawyers and best lawyers in America for over 20 years.
As U.S. Under Secretary for International Trade, US Department of Commerce Robert was the first head of the International Trade Administration, which enforces the anti-dumping and countervailing duty laws. He negotiated access for U.S. businesses to the Chinese market, following the first trade agreement between the United States and the Peoples Republic of China, and negotiated market access and anti-dumping issues with Japan, Europe, and other countries.
In private practice Mr. Herzstein was lead counsel to Mexico in the NAFTA negotiations. Robert advised companies, trade associations, and governments on international trade, foreign investment, antitrust, and other aspects of government regulation of international markets. He is consistently recognized for his work in the field of International Trade. Robert litigated on behalf of U.S. and foreign clients in the U.S. courts and international tribunals on trade agreements and on questions of sovereign immunity, citizenship, extradition, and access to discovery abroad. He has represented parties in some of the largest U.S. countervailing duty and anti-dumping cases."1
TRANSPARENCY AND ACCOUNTABILITY
Robert may be most noted however for his efforts in political transparency and accountability.
Robert E. Herzstein sued to keep the Nixon papers public.
Robert E. Herzstein, who successfully sued on behalf of historians and journalists to prevent former President Richard M. Nixon from removing and even destroying his White House papers and tapes after his resignation, died on Thursday at his home in Washington. He was 83.
His daughter, Emily Herzstein, said the cause was heart disease resulting from scarlet fever, which he had contracted as a teenager.
Mr. Herzstein served as an under secretary of commerce during the Carter administration; became a consummate international trade lawyer for private corporations and governments; and promoted public justice, human rights and conflict resolution through several civic groups.
But his role in the Nixon case may be his greatest historical legacy. As a lawyer at Arnold & Porter, he was lead counsel in 1974 for a number of historians, political scientists and reporters who maintained that despite an agreement he had struck with the government, Nixon could not take possession of records created while he was in the White House.
Their legal challenge set in motion a chain of events that led to the National Archives' taking stewardship of the presidential papers and tapes, and to further revelations about the Watergate scandal and other backstage views of the Nixon administration.
Mr. Herzstein was credited with taking the initiative in challenging the deal that Nixon had made with the General Services Administration. It empowered Nixon, who had been pardoned by President Gerald R. Ford, to take his White House papers with him to his home in California.
"It struck me as pretty insulting," Mr. Herzstein said of the arrangement.
He insisted that the records belonged to the government, and that most of them should be publicly available under the Freedom of Information Act. Acting pro bono, he and several associates obtained a restraining order from a federal judge on behalf of the Reporters Committee for Freedom of the Press, the American Political Science Association, the American Historical Association and other groups that he had enlisted to join the suit.
Their challenge encouraged Congress to pass legislation revoking the agreement with the General Services Administration and requiring government archivists to seize and preserve the White House records, amounting to 42 million pages of documents and 880 recordings. They were to return to Nixon only material deemed private.
Reversing itself, the Justice Department defended the new law and sided with the historians and reporters.
Nixon sued, but in 1977 the Supreme Court upheld the law's constitutionality.
- By SAM ROBERTSFEB. 17, 2015
Robert Herzstein is survived by his daughters Emily and Jessica, son Robert; and two granddaughters.
Professor Viktor Pavlovich Mozolin died on February 15, 2015, he was a Doctor of Law, the Chief Scientific Researcher of the department of civil law and procedure of the Institute of Legislation and Comparative Law under the Government of the Russian Federation.
He was born on October 27, 1924 in a working class village Yurino, Mari El Republic (Mari ASSR). At age 18 he was drafted to the army. From 1942 to 1944 he fought in the infantry (second lieutenant, commander of the infantry platoon) at the Stepnoi, the 1st and the 2nd Ukrainian Fronts, as part of the 80th Guards Division and the 99th Infantry Division. He was discharged from the Red Army in 1946 due to severe battle wounds that led to disability. He was awarded the Order of the Patriotic War 1st degree, the Order of the Patriotic War 2d degree and other medals.
In 1951 V.P. Mozolin graduated from Moscow State University where in 1954 he defended his thesis on "Civil procedural law under the Soviet Law" (supervisor - Professor Kleinman A.F.). In 1967 he defended his doctoral thesis on "The legal status of business corporations and main development trends of the legislation on corporations in the United States" at Moscow State University.
In 1954-1971 V.P. Mozolin was a lecturer, senior lecturer, associate professor and professor at Moscow State University. In 1961-1962 he worked as an invited scholar at the Columbia University (New York, USA). In 1971-1981 he served as the Head of Department, Dean and Deputy Rector of the University of Peoples' Friendship.
From 1981 to 1999 he worked as the Chief Scientific Researcher at the Institute of the State and Law under the Russian Academy of Sciences. From December 1999 to January 2012 he headed the department of civil and family law at Moscow State Law Academy. In recent years, he worked at the Institute of Legislation and Comparative Law under the Government of the Russian Federation.
V.P. Mozolin was a member of the Presidential Council of the Russian Federation for the codification and improvement of the civil legislation (2003-2014) and the Scientific Advisory Board of the Supreme Arbitration Court of the Russian Federation, he served as an arbitrator at the International Commercial Arbitration Court under the Chamber of Commerce of the Russian Federation.
Viktor Pavlovich was an extremely active man fascinated by science, creative arts and sports. He also raised two sons. The memory of this brilliant man and scientist, a fearless defender of the motherland will remain in our hearts.
Condolences to the relatives and colleagues of Viktor Pavlovich come from all over the world.
While with University of Peoples' Friendship, Professor Mozolin met with Prof. Don Wallace Jr., at Georgetown University Law Center where they formed a lifelong relationship. Both Prof. Mozolin and Prof. Wallace worked closely under IREX [International Research & Exchanges Board] on scholarly exchanges of experts between the US and the former USSR. Both Mozolin and Wallace established multiple exchanges and legal conferences.
Through the International Law Institute Prof. Mozolin published two books involving comparative contract law and property law in the US and USSR.
Prof. Mozolin and the ILI maintained close relations and periodic exchanges throughout the years. Our most recent conference attempts were in 2010 and 2014 but was unfortunately canceled due to weather and illness respectively.
The International Law Institute commends Prof. Mozolin for his intellect, legal and economic reforms and never ending dedication to expanding rule of law.
--reprint: Press Release: The Institute of Legislative and Comparative Law Under the Government of the Russian Federation