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CONDENSED RESUME JOHAN DAVID VAN DER VYVER ...

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<strong>CONDENSED</strong> <strong>RESUME</strong><strong>JOHAN</strong> <strong>DAVID</strong> <strong>VAN</strong> <strong>DER</strong> <strong>VYVER</strong>ACADEMIC QUALIFICATIONSB.Com. (1954); LL.B. (1956); Hons. B. A. (philosophy) (1965) (Potchefstroom University);LL.D. (1974) (University of Pretoria); Diploma of the International and Comparative Law ofHuman Rights (1986) (Int' l Inst. Hum. Rts, Strasbourg); LL.D. (honoris causa) (1993)(University of Zululand).CAREER:I.T. Cohen Professor of International Law and Human Rights, Emory University School of Law,Atlanta, Georgia (1995- );Fellow in The Human Rights Program of The Carter Center (1995-1997).Ad hominem Professor of Law, University of the Witwatersrand, Johannesburg (1979-1995);Professor of Law and Head of the Department of Legal Philosophy, Potchefstroom University forChristian Higher Education (1970-1978).Dean of the Faculty of Law, Potchefstroom University for Christian Higher Education (1972-1974).Lecturer and Senior Lecturer in the Department/Faculty of Law, Potchefstroom University forChristian Higher Education (1958-1969).Current lecturing responsibilities include the teaching of a courses in International Human Rights,and International Criminal Law.Supervised higher-degree dissertations of seven candidates for the Doctor of Philosophy or theDoctor of Laws degree in Potchefstroom and at the University of the Witwatersrand, and cosupervisedthe thesis of one student for the Doctor of Philosophy degree of the University of theOrange Free State.PROF ESSIONAL QUALIFICATIONS:Advocate of the High Court of South Africa and appeared as counsel in the following casesreported in the South African Law Reports: S. v. Margolis, 1964 (4) SA 579 (T) (onspeed-measuring devices); S. v. Lampbrecht, 1970 (3) SA 141 (T) (on punishment policy indrunken driving cases); Burger v. Western Credit Bank Ltd., 1970 (4) SA 74 (T) (on penaltyclauses in a contract); Brown v. Hoffman, 1977 (2) SA 556 (NC) (on remoteness of damages in


3Co-editor of John Witte Jr. & Johan D. Van der Vyver, RELIG IOUS HUMAN RIGHTS IN GLOBALPERSPECTIVE: RELIG IOUS PERSPECTIVES. The Hague/Boston/ London: Martinus Nijhoff (1996),and ofJohan D. Van der Vyver & John Witte Jr., RELIG IOUS HUMAN RIGHTS IN GLOBAL PERSPECTIVE:LEGAL PERSPECTIVES. The Hague/Boston/ London: Martinus Nijhoff (1996).Editor of Johan D. van der Vyver, THE PROBLEM OF PROSELYTISM IN SOUTHERN AFRICA: LEGALAND THEOLOGICAL DIMENSIONS, special edition of the EMORY INTERNATIONAL LAW REVIEW, No.14.2 (Summer 2000).Author of more than 250 law review articles, chapters in books, book reviews, and populararticles. Articles published during the last five years include:1. Introduction: Legal Dimensions of Religious Human Rights, in RELIG IOUS HUMAN RIGHTSIN GLOBAL PERSPECTIVE: LEGAL PERSPECTIVES, xi-xlvii (eds.) Johan D. van der Vyver &John Witte Jr. The Hague/Boston/London: Martinus Nijhoff (1996).2. Property in International Human Rights Law, in PROPERTY LAW ON THE THRESHOLD OF THE21ST CENTURY, 451-486 (eds.) G.E. van Maanen & A.J. van der Walt.Antwerpen/Apeldoorn: MAKLU Uitgevers (1996).3. Religious Fundamentalism and Human Rights, in 50.1 JOURNAL OF INTERNATIONALAFFAIRS, 21-40 (1996).4. The Self-Determination of Minorities and Sphere Sovereignty, in ARE INTERNATIONALINSTITUTIONS DOING THEIR JOB? 211-214, Washington D.C.: The American Association ofInternational Law: Proceedings of the 90th Annual Meeting (March 27-30, 1996).5. Constitutional Protection of Children and Young Persons, in THE LAW OF CHILDREN ANDYOUNG PERSONS IN SOUTH AFRICA, 265-320 (ed.) J.A. Robinson. Durban: Butterworths(1997).6. Hate Speech in Constitutional Perspective, in 52.2 JEWISH AFFAIRS, 34-37 (Winter, 1997).7. Constitutionality of the Age of Majority Act, in 114 THE SOUTH AFRICAN LAW JOURNAL,750-60 (1997).8. Introduction to the Public Conference Addressing Religious Liberty in the United States,in 12 EMORY INTERNATIONAL LAW REVIEW, 935-944 (1998).


52. Self-Determination of the Peoples of Quebec under International Law, in JOURNAL OFTRANSNATIONAL LAW AND POLICY (Fall 2000).3. Book Review: HANDBOOK ON RELIGION AND LIBERTY AROUND THE WORLD (ed.) PedroC. Moreno (1996), in JOURNAL ON LAW AND RELIGION (Fall 2000).4. The Jurisprudential Legacy of Abraham Kuyper and Leo XIII, in THE LEGACY OF ABRAHAMKUYPER AND POPE LEO XIII (Calvin College, Grand Rapids, 2001)5. Sphere Sovereignty of Religious Institutions: A Contemporary Calvinistic Theory of Church-State Relations, Conference Papers of the SECOND EUROPEAN/AMERICAN CONFERENCE ONRELIGIOUS FREEDOM, Trier, Germany (2001).SPECIAL AWARDSRecipient in 1978 of the Toon van den Heever Prize of the South African Academy for Scienceand Arts for The Protection of Human Rights in South Africa.Recipient in 1993 of the Doctor of Laws Degree (honoris causa) of the University of Zululand.Recipient in 1995 of the Distinguished Alumni Award of Potchefstroom University for ChristianHigher Education. .Recipient in 1997 of a special honorary medallion of the (South African) Society of UniversityTeachers of Law.64. 2 and 3 KOERS (1999) contains a collection of essays dedicated to J.D. van der Vyver.Invited to write the Mauritz Bobbert Prestige Award Article for the JOURNAL FOR JURIDICALSCIENCE. The article, Truth Commissions, State Sovereignty and an Emerging Criminal JusticeSystem for the New Millennium, appeared in vol. 24.2 (1999) of the Journal.INTERNATIONAL CONFERENCES AND PUBLIC LECTURESPapers delivered at international conferences and on special occasions during the past five yearsinclude the following:(a)Self-Determination and the Right to Secession of Religious Minorities under InternationalLaw, conference on Religious Organizations and the Human Rights Movement: Affinitiesand Divergencies, organized by the Center for the Study of Human Rights of ColumbiaUniversity and held at the Central European University in Budapest, Hungary (March 24-25,1997).


6(b)(c)(d)(e)(f)(g)(h)(i)(j)(k)Participated as Co-Director of the Project on Proselytism of the Law and Religion Programof Emory University in conferences of project participants in Oxford, England on May 12-14,1997, in Dakar, Senegal on May 18-22, 1997, and in Dresden, Germany on May 23-25, 1997,and delivered the opening address at the Dakar conference.Universality and Relativity of Human Rights: American Relativism, conference of theInternational Political Science Association held in Seoul, South Korea (August 17-21, 1997).Participated in a conference of the De Burght Foundation for the Rights of Minorities in TheHague, Netherlands on Religious Freedom in Russia, focused on the 1997 Russian Law onFreedom of Conscience and Religious Associations (September 17-19, 1997).Participated in a conference of the Law and Religion Program of Emory University on TheProblem of Proselytism in Russia, held in Atlanta on October 16-18, 1997.Participated in a conference and a panel discussion that coincided with the visit to Atlantaof the United Nations Special Rapporteur on Religious Intolerance, Prof. Abdelfattah Amor,held at Emory University on January 29, 1998, and delivered a paper on InternationalHuman Rights Norms and the United States: The Case of Religion or Belief at the openingsession of the conference.Participated in a panel discussion on Religious Freedom in Russia of the Russian and EastEuropean Studies Department of Emory University on February 3, 1998.Participated in a conference of the Center for the Study of Human Rights of ColumbiaUniversity on The Protection of Religious Minorities held in Krakow, Poland on March 15-18, 1998, and chaired sessions on Religious Minorities: Comparative Perspectives, and onThe Role of Inter-Governmental Organizations.The Criminalization and Prosecution of Environmental Malpractice in International Law,conference of the Environmental Law Unit, University of Cape Town and the EnvironmentalLaw Centre, Macquarie University, Melbourne, Australia on Environmental Justice and theLegal Process, held in Cape Town, South Africa on16-17 April 1998.Religious Freedom and Proselytism: Ethical, Political and Legal Dimensions, openingaddress at The Fourth Tantur International Conference on Religion and Culture held at theTantur Institute in Jerusalem, Israel on May 31 - June 4, 1998.Religious Freedom and Proselytism: Ethical, Political and Legal Dimensions, panelpresentation at The Oslo Conference on Freedom of Religion or Belief, held in Oslo, Norwayon August 12-15 1998.


7(l)(m)(n)(o)(p)(q)(r)(s)(t)(u)Constitutional Perspective of Church-State Relations in South Africa, delivered at aconference on Religious Liberty: International Perspectives During the 50th Anniversary ofthe Universal Declaration of Human Rights, held at Brigham Young University, Utah onOctober 4-6, 1998.Law, Morality and Culture, plenary address at A Conference on the Legacy of AbahamKuyper and Leo XIII Commemorating over a Century of Christian Social Teaching, held atCalvin College, Grand Rapids, Michigan, on October 30-31, 1998.Liberalization and Africanization of Political Institutions in Southern Africa, delivered ata conference on Crisis and Renewal in Africa: States, Markets, Law and Democracy, heldat Emory University on November 12-14, 1998.Conference of the Center for the Study of Human Rights of Columbia University on Islamand Human Rights in Post-Communist Europe, held in Sofia, Bulgaria on March 15-16,1999. Participated in the capacity of Member of the Board of Advisors of the Eastern-European Program of the Center.Universality and Relativity of Human Rights, delivered at a conference of the AmericanSociety of International Law on Violence, Money, Power and Culture: Reviewing theInternational Legacy, held in Washington D.C. on March 24-27, 1999.Conference on the International Religious Freedom Act of 1998, held at The GeorgeWashington University Law School in Washington D.C. on April 16, 1999. Delivered apanel presentation on The Act in the Light of International and Domestic Human Rights Law.Sphere Sovereignty of Religious Institutions: A Contemporary Calvinistic Theory ofChurch-State Relations, delivered at the Second European/American Conference onReligious Freedom dealing with “ Church Autonomy and Religious Liberty” held in Trier,Germany on May 27-30, 1999.Conference on Children’ s Rights and Religion at a Crossroads, held in Nazareth, Israelon 21-24 November 1999 to commemorate the tenth anniversary of the U. N. Conventionon the Rights of the Child. Chaired several sessions and appointed to edit a volume to bepublished of the conference papers.Represented Emory at the Annual Meeting of the American Society of Comparative Lawheld in Washington D.C. on January 8, 2000.Debate between John R. Bolton and Kenneth Roth on “Toward an International CriminalCourt” held in the School of Law of Emory University on February 22, 2000, sponsored bythe Council on Foreign Relations and presented by The Human Rights Program of EmoryUniversity School of Law, the Claus M. Halle Institute for Global Learning, and the Sam


8Nunn School of International Affairs of Georgia Institute of Technology. Organized theevent and delivered the opening address on the International Criminal Court.(v)(w)(x)(y)(z)(aa)(bb)(cc)(dd)Represented the International Association for the Promotion of Christian Higher Educationat the Conference of the Association of Presbyterian Colleges and Universities on “A Worldof Diversity” held in Atlanta on March 16-19, 2000. I.Delivered a lecture on The Tensions Between Retributive and Restorative Justice at the 19 thAssembly of the Association of Emory Alumni on “Peacemaking in a World of Change:Emory’s Role in Reconciliation and Building Community” held at Emory University onMarch 17-18, 2000.Chaired, and edited the papers presented at, the session on The Single Superpower andInternational Law at the 94 th Annual Meeting of the American Society of International Lawon “International Law in Ferment: A New Vision for Theory and Practice” held inWashington D.C. on April 5-8, 2000.Participated in a panel discussion on Freedom of Religion and Universal Human Rights atthe Eighteenth Quinquennial World Congress on “History of Religion: Origins and Visions”of the International Association for the History of Religion held in Durban, South Africa onAugust 5-12, 2000.Delivered the key-note address on The International Criminal Court and the Prerogative ofDispensation at a seminar of the Macon Council on World Affairs held at the School of Lawof Macon University, in Macon, Georgia on October 19, 2000.Delivered the key-note address on Universality and Relativity of Human Rights: AmericanRelativism at a seminar on “Human Rights Day” held at John Marshall Law School inAtlanta, Georgia on October 24, 2000.Participated in a panel discussion on Freedom of Religion or Belief and Vulnerable Groupsat the International Law Weekend 2000 of the American Branch of the International LawAssociation on “ International Law in the 21 st Century and Other International Entities”held in New York on October 26 - 28, 2000.Delivered the key-note address at a lunch of the Emory Board of Visitors on The TensionBetween Retributive and Distributive Justice: Truth Commissions and the InternationalCriminal Court in the School of Law of Emory University on December 5, 2000.Delivered a paper on National Reconciliation under the Norms of International Law for theNew Millennium at a conference of the International Third World Legal StudiesAssociation, New York and the Community Peace Program of the School of Government


9of the University of the Western Cape, held in Cape Town, South Africa on January 4-6,2000.ACTIVITIES PERTAINING TO SOUTH AFRICA'S TRANSITION TO A DEMOCRACYIn 1992, the South African Communication Service organized a series of workshops with a viewto promoting the development of a human rights ethos in South Africa. Participated in theprogram and delivered lectures on human rights at workshops of a women' s organization, held inPotchefstroom on 24/6/92; of Black Church groups representing working youth from severaltownships in the Western Transvaal, held in Stilfontein on 27/6/92; of students and faculty of theUniversity of Pretoria, held in Pretoria on 21/8/92; of members of the general public of George,held in George on 22/7/92; of students of the Rand Afrikaans University, held in Johannesburgon 2/9/92; of members of the general public of Britz, held in Britz on 25/8/92; and of the generalpublic of Kosmos (Hartebeespoort Dam), held in Kosmos on 28/10/92.In 1994, the South African Communications Service organized, as part of the voters' educationprogram, a series of lectures to the lay public on the Republic of South Africa Constitution Act200 of 1993. Conducted lectures as part of this program to senior citizens of the colouredtownship of Davidsonville, Roodepoort (on 7/2/94); students and teachers of the Helpmekaar GirlsHigh School in Johannesburg (on 10/2/94); Rotarians and Rotary Anns in Randfontein (on10/2/94); the Indian business community of Roshnee, Vereeniging (on 20/2/94); Telcom workersin Vereeniging (on 1/3/ 94); and senior personnel of the Gold Mine in Randfontein (on 28/3/94).Served as a member of the Task Group on the Repeal of Legislation Impeding Free PoliticalActivity as well as Discriminatory Legislation of the Multi-Party Negotiating Process in KemptonPark. Compiled a report, dated 18 October 1993, and a subsequent supplementary report, onstatutory provisions with validity in Bophuthatswana which could be resorted to with a view toobstructing free and fair elections in the territory.Was consulted by a member of the legal team of the African National Congress for expert adviceon the question of "horizontal application" of a Bill of Rights. My recommendations found theirway into the final draft of the 1993 Constitution.Acted as Consultant of the South African Department of Justice in the period 1994-1996, chargedinter alia with the training of judges, magistrates, public prosecutors and other officers in theDepartment in litigation under the new South African Constitution.EXTRA-CURRICULUM OFFICES:


10Member of the Board of Advisors on the International Justice Mission (Washington, D.C.), theHuman Rights Center of the University of New York (Buffalo), and of the International DefenceAttorneys Association in Montreal, Canada.Member of the Editorial Board of the South African Journal on Human Rights, member of theEditorial Board of P.E.R. (an electronic Law Journal of Potchefstroom University), member of theEditorial Board of the Journal for Juridical Science (University of the Free State), Honorary Memberof the Editorial Committee of the Journal of Contemporary Roman Dutch Law, and a member of theAdvisory Committee of De Jure (University of Pretoria).Serve on a panel of the (South African) Human Sciences Research Council that evaluatesapplications for grants and scholarships of the HSRC’s Centre for Science Development.Advisor to the Editorial Board of the Emory International Law Review.PERSONAL DETAILSDate of birth: February 21, 1934.J.D. van der VyverAtlanta, January 2001.

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