Henry J. Steiner
Harvard Law School

Jeremiah Smith, Jr. Professor of Law and Founder and Director of the Human Rights Program, Harvard Law School. I have benefited from comments of participants in
a conference held at the Tel Aviv University Faculty of Law where I presented an earlier version of this article as well as of participants in a group discussion at Harvard Law School. I also profited from later comments of Eyal Benvenisti, Ryan Goodman, Amr Shalakany and Kenneth Watkin. My appreciation to them all.