
| Comparative Law | Int'l Legal Theory | Private Int'l Law | Culture | Int'l/Municipal Law Nexus | Roman Law |
| Dictionaries | Int'l Practice | States/Sovereignty | Diplomacy/Force | Int'l/Regional Organization | Trade |
| Environment | Law of the Sea | Treatises/Study Guides |
| European Community | NGOs | War Power/US |
| Human Rights | Outerspace/Environment | Publishers Information |
This version of comparative law for lawyers provides a succinct introduction for US law
librarians, law
students, and lawyers about legal systems not founded upon the common law. It also provides
some useful
guidelines for researching the law of the covered jurisdictions, which is of particular value to
foreign law
librarians. It is a "must" for any law librarian contemplating the development of a foreign legal
collection.
After introductory chapters on researching foreign law and contrasting academic perspectives
and
legal realities, the multiple-authored chapters present essays on Civil Law systems (emphasizing
France and
Mexico), Asian legal systems (emphasizing Japan and "both" Chinas), and African legal systems
(emphasizing
Ghana and Nigeria). Chapters 11 through 14 next provide suggestions on building foreign law
collections.
These include the "how to's," bibliographies of essential titles, draft collection development
policies, and
acquiring foreign legal materials (emphasizing "both" Europes). One chapter focuses on the
procurement of
English-language translations from A to Z.
The closing materials address acquisition of non-print foreign resources, including names
and
addresses of foreign and international law librarians willing to help those of us who are not
experts in the
intricacies of foreign law research.
The Society's undergraduate professors, and teachers of International Relations or
cultural
studies, and anyone interested in fresh perspectives on diverse cultural issues should examine this
sixteen-essay
analysis. It presents an interdisciplinary guided tour by a number of authors, who point out the
cultural
influences that affect us on a daily basis. These essays include commentaries on British cultural
studies,
modern feminism, mass media, and the anthropological components of the contemporary
communications
environment.
Those of us who tend to concentrate on the narrow legal aspects of our daily
endeavors, might
profit from this form of enrichment-- which can only help to increase our sensitivity to the cultural
layers of
interaction between our students, our classrooms, and the others with whom we interact.
This is the first of two unique West publications dealing with Mexico. The
other--reviewed in a
prior issue of this UN Decade of International Law Newsletter--was Eckstein & Zepeda,
Mexican Civil and
Commercial Codes (with facing-page English-Spanish translations). This dictionary is a
very useful
reference tool for any attorney or other professional with cross-border transactions. It
comprehensively
presents the full range of legal terms, conveniently translated in both the Part One Spanish
Term/English
translation version, followed by the Part Two English Term/Spanish translation version of the
dictionary. Eight
US and Mexican legal professionals have thus collaborated to produce a "must" holding for any
institution's
library of essentials on transactions between English and Spanish-speaking nations.
The use of naval power to "send a message" did not cease with the reign of British
Queen
Victoria. Its use has continued to play a prominent role in international affairs as recently as this
year's
"Taiwan" crisis, where the US President dispatched a number of US naval vessels to the Taiwan
Strait--and the
"Lebanon" crisis, whereby Israel used naval vessels to interrupt travel in Lebanon in a
comparatively hostile
environment.
This former English diplomat's assessment of the phenomenon of diplomacy from a position
of strength
adds to his prior editions by analyzing a number of such incidents occurring since the demise of
the Cold War.
One pervasive theme is that anyone involved in crisis management must recognize both the utility
and the
legacy of this form of diplomacy. If 1996 is any indication, then a variety of disciplines would do
well to
consider this contribution to various fields including diplomacy, force, history, and international
relations.
The eleven individually-authored essays in this collection were originally delivered by
academics and
practicing lawyers at a 1993 conference at Oxford University. The unifying theme is the review of
national
attempts at sustainable development--striking the balance between protecting the environment and
encouraging economic development. There is a distinctly European flavor to the general tenor of
the
publication, with chapters emphasizing the environmental concerns of the UK and the European
Community.
The first three chapters address UK regulation and pollution control devices. Following
chapters
include analyses of environmental barriers to trade and EC environmental regulation. There are
also analyses
of the impact by and on the laws of other countries, such as the US, although the non-UK
materials deal with
the more general aspects of international norms including GATT/WTO and the growth of US
environmental
regulation (by the General Counsel for Chrysler Corp.). The tables include the useful indexing of
EC treaties,
EC secondary legislation, other international treaties, and national legislation.
This is a useful contribution to the literature on sustainable development, as perceived
through the lens
of practitioners--and others concerned with the management of this arguably irreconcilable
difference between
the disparate economies of the Twenty-first Century.
Society members who now teach, or are contemplating teaching, courses on the European
Community
should consider this new course book by two Oxford University professors (the other published
book being the
1992 Blackstone Press 570-page paperbacked EEC Law). While it is much larger than its
European
competitor, its 9x 6" paperbacked format is conveniently packaged so as not to resemble the more
common
American casebook length and girth (e.g., West's 1992 European Community Law).
This publication combines the essential features of a reader, casebook, and documentary
materials
supplement--thus avoiding the expense of having to use more than one text to cover the subject.
It contains a
seventy-page Table of Cases, and a twenty-page Table of Treaties, regulations, EC & national
decisions by
country--evincing the authors' attention to detail and provision of the essentials for interpreting
Community
law. Coverage ranges from Chapter One on the Development of European Integration to Chapter
Twenty-five
on Completion of the Single Market.
This book is a collection of essays on various features of the International Law on refugees
and other
minority groups. There are thirty-nine essays, by a roughly equal number of authors from
different nations
and continents. These articles are divided into three major parts: I--Refugees and Asylum;
II--Minorities,
Indigenous Peoples, Nations; and III--Human Rights and the Environment.
The editors have thus included diverse perspectives on distinct but related topics including
the
protection of stateless persons, asylum seekers, minorities, and vulnerable groups displaced by
internal and
international conflict. A number of these essays address the related constructs of
self-determination, impact on
regional stability, nationalism, nationality, and cultural preservation. The list of contributors is
conspicuously
distinguished, matched only by the editors obvious attention to organization and apparent
requirement that
contributors produce well-researched and documented analyses.
M. Nowak, U.N. COVENANT ON CIVIL AND POLITICAL RIGHTS: CCPR
COMMENTARY (Engel,
1993) [947].
Now that an increasing number of countries are ratifying the CCPR (including the US), no
human
rights collection would be quite complete without this exhaustive treatment of the CCPR. The
author has very
capably collated and presented detailed analyses of the various provisions of the CCPR. Professor
Nowak thus
presents each segment of the CCPR, accompanied by fully documented and authoritative
commentaries on
each article--accompanied by a paragraph numbering system for ease of reference. The key-word
index thus
refers to paragraph numbers. The articles are set forth in both the English and French text, while
the English-version of this work presents the author's analysis in the English language (the other
version is published in the
German language). There is also a brief mini-summary of content presented at the outset of each
treaty section,
prior to the author's analyses. Appendixes include the optional protocols, reservations, rules of
procedure of
the Human Rights Committee, Committee decisions, and a select bibliography.
This work is a researcher's dream, in terms of providing a most descriptive
examination and
appraisal of the text of the treaty and various interpretations. The author thus covers the
twenty-year drafting
history of the Human Rights Commission and General Assembly, as well as the sixteen-years of
practice of the
Human Rights Committee. This publication includes a great deal of academic literature, and
references to the
jurisprudence of human rights organs and national case law.
A. Rosenbaum (ed.), IS THE HOLOCAUST UNIQUE? (Westview, 1996) [222].
The central theme of this particular treatment of the Nazi Holocaust is the controversial
question of
whether there are historical parallels. In eight individually-authored chapters, the authors cover
other
genocides including slave trade from Africa, Turkey's 1915 Armenian Genocide, Stalin's Great
Famine in the
Ukraine, and Germany's treatment of gypsies.
The book also addresses the daunting question of denial and the politics of scholarship on
genocide.
Some articles perceive the Holocaust as being sui generis. Others assert that treating it as such
trivializes the
suffering inflicted on Europe's Jews and other minorities. Given recent claims that the Holocaust
was
overstated, this reader contains objective evidence about the defining events of the Nazi
Holocaust.
This reader provides key insights regarding lessons learned, degree of universal
application of
the underlying principles spawning much of the post-War human rights laws, and troubling
perspectives about
the Holocaust's historical relation to other instances of politically motivated mass murder.
P. Weis, THE REFUGEE CONVENTION, 1951: THE TRAVAUX PREPARATOIRES
ANALYZED
WITH COMMENTARY (Cambridge, 1995) [383].
The late Dr. Paul Weiss, formerly Head of the Legal Division of the Office of the UN High
Commission
for Refugees, compiled this unique treatment of the 1951 Refugee Convention. Between two
covers, one may
thus find the convention's text and its Travaux Preparatoires, supplemented by related regional
and national
conventions, limited judicial decision references, and commentary. There are extensive endnote
references to
committee documents after each article. The author therein provides the reader/researcher with
additional
data for pursuing all aspects of the convention's development and subsequent application
(including the 1967
Protocol).
This work is especially relevant for research about the historical underpinnings of the
convention, in
terms of which national representatives expressed what interpretational guidelines for future
application. No
library with any significant degree of human rights materials, or purporting to focus on
international refugee
law, would be complete without this remarkable compilation of details on the evolution of the
Convention via its
Travaux Preparatoires.
The 1992 Copenhagen Conference on Legal Polycentricity coined this new term for
an old
problem--a claimed single-value approach to International Law, which bears a distinctly European
essence.
Professor Sinha analyzes this daunting question from the perspective that the western-derived
"tight" legal
model is not sufficiently encompassing to recognize all relevant parameters of modern "legal"
problems. Thus,
International Law may be perceived as too-often divorced from cultural tradition and
non-Western
approaches. The vast differences in modern legal systems must be more rationally factored into
the analysis of
international legal problem solving. Their can be legal order, notwithstanding the lack of a
universal system of
laws for all nations.
Chapter 1 introduces the impact of this "polycentricity" on International Law. Chapter 2
continues to
establish the contemporary model by exposing the clearly European essence of International Law,
as it has
evolved since statehood itself. Chapters 3 and 4 focus on the facts of civilizational pluralism and
diversity. The
last chapter then "wraps up" by analyzing the resulting impact of legal polycentricity on current
applications
of International Law. An extensive and well-conceived bibliography then closes the book with a
rich vein of
resource material for further exploration.
This is a very thought-provoking treatment of terms which are too-often taken for
granted--for example, the meaning of "civilized," and whether international decision-makers need
to incorporate more
general principles of "law" from non-Western societies. It is also a good example of how to
appropriately point
out the need for course content that is more interdisciplinary than historical prototypes.
The author began working on this book during Germany's occupation of Holland in 1944,
and
completed it (because of health reasons) with the assistance of two professors on law faculties in
The
Netherlands. This text is likely to become the premier study of a core theme in the monist/dualist
debate on the
fundamental nature of International Law. In addition to a very authoritative treatment of the
essentials,
Interactions employs some 2,000 cases emanating from both common law and civil law systems.
The author
provides numerous excerpts from actual cases, translating Dutch into English--but leaving in tact
the original
French or German, accompanied by English analyses of those cases.
The basics are divided into five chaptered Parts, followed by a sixth containing conclusions.
Part 1:
The Legal Nature of International Law at Large, as Seen by Courts--this segment of the book
carries a
comparatively exhaustive assortment of materials emphasizing adjudicatory perspectives on
International Law.
Section 1.2 carries ten pages, containing excerpts and the author's analyses of the major case law
definitions of
International Law. Part 2: Who do[es] Derive Rights and Obligations from International Law at
Large?--the
book then presents the case law with authored analyses about the playing field: States,
international
organizations, individuals, and legal persons under International Law. Part 3: Judicial Application
of
International Law at Large in the Municipal Legal Sphere--focusing on the basic concerns of
national courts
when actually applying International Law. Part 4: Legal Basis for Applying International Law at
Large in
Municipal Legal Orders--here, the book continues its "International Law actually applied"
approach to related
municipal law theses including legal basis and obligation to International Law in various countries
and
international organizations (other than the LON or UN). Part 5: Direct or Indirect Application of
International Law at Large in Municipal Legal Orders--finally, the author accords a distinct
chapter to the
application of treaties.
One seeking a detailed analysis of the case law of many countries of the world (not just in
Europe) must
consider this book an essential ingredient for any serious undertaking. Prior to this work, many
would have
thought that no new publication could add much to the hundreds of books and articles already
available.
Interactions provides a significant dimension to the case analysis of the interplay
of national
and International Law.
J. Paust, INTERNATIONAL LAW AS LAW OF THE UNITED STATES (Carolina, 1996)
[491].
This work is a welcome addition to the dearth of book-length coverage of a topic of
immense concern--both
in the US and abroad--written by an author who needs no introduction. Professor Paust's new
book is not only
well-written, but it also contains a rich vein of resources that may be worked for profit by teacher,
student,
researcher, and practitioner. It is as well-documented a source as one could find on this particular
topic.
The author has organized the book in a way that not only covers the subject, but also
presents it in a
way that succinctly provides access to content. The first four chapters address the application of
custom and
treaty by the various branches of government. The next five chapters cover the US legal terrain
associated with
the application of the International Law of Human Rights regime. Chapters Ten through
Thirteen analyze US
responses to international jurisdictional concepts, including various facets of criminal law
applications
(including unlawful pardons and detention of prisoners). The final two chapters test the
application of US
doctrine regarding the war power and national security. In addition to the usual Index, there is an
index of
Founders, highlighting references to "early shapers of juristic expectation."
This excellent coverage, of a somewhat neglected topic in other book-length treatments of
related
themes, nicely occupies this gap in the literature--as well as confronting what many perceive as
the incongruity
between law and practice.
Some litigation-oriented publications previously reviewed in this Newsletter have
contained
some rather lengthy practice perspectives on practice in various courts including the European
Court of Justice
and the European Court of Human Rights; or, analsyses of particular themes originating within
the context of
Private International Law (Conflict of Laws). This litigation handbook is a very useful primer for
one seeking
an overview of the civil procedure of more than a dozen State parties to the Brussels and Lugano
Conventions.
The 1968 Brussels Convention on Jurisdiction and Enforcement of Judgments in Civil and
Commercial
Matters, and the 1988 Lugano Convention on Jurisdiction and the Enforcement of Judgments in
Civil and
Commercial Matters, respectively simplify reciprocal enforcement of judgments for members
States of the
European Union (Brussels Convention) and State parties to the European Free Trade Association
(Lugano
Convention).
The author succinctly provides detailed guidance on a host of related practice problems
including
jurisdiction, recognition and enforcement measures, interpretation of the Conventions, and how
they have been
implemented on a country-by-country presentation. The Glossary of terms provides a number of
key terms,
with definitions as applied under the two Conventions.
L. Low, et al. (ed.), THE INTERNATIONAL LAWYERS' DESKBOOK (ABA, 1996)
[paper: 410].
Three lawyers have assembled a succinct practitioner-oriented reference tool
designed to serve
a variety of practical needs. The twenty-six lawyer-authored articles in this handy reference tool
provide a
whirl-wind overview of international practice concerns.
The reviewer can probably best serve the reader, in this instance, by an abbreviated
summary
of chapter-by-chapter content: international commercial transactions; financing; political risk
insurance;
payment methods; secured transactions; intellectual property rights; antitrust; securities law; US
taxation of
transactions; environmental law; customs law; export control (including sanctions & boycotts);
the Foreign
Corrupt Practices Act; government procurement; trade remedies/benefits programs; legalization
of documents;
litigation/arbitration; creditor's rights/bankruptcy; foreign investment in the US;
immigration/nationality;
labor law; wills, trusts, and estate transfers; family law; and selecting foreign counsel.
While there is no Index, the front matter Table of Contents serves as a useful guide to
content.
An insightful introduction by the editors furnishes some basic guidelines and resources for
obtaining further
detail. Law school libraries, professors, and other ASIL members should consider this useful
reference guide to
practical problems in contemporary international practice.
"IGC" refers to the 1996 Intergovernmental Conference, destined to become a turning point
in the
future of the European Union. This book was spawned by a series of seminars (in 1995), hosted
by the
Cambridge University Centre for European Legal Studies. The authors of the
individually-authored chapters
are academics and practitioners with expertise in identifying and analyzing both the agendas and
the priorities
for the 1996 conference--devised as a mandatory periodic review of the historic 1992 Maastricht
Treaty.
Covered issues include a variety of key themes, including reform of the Common
Agricultural
Policy, balance of powers between the Union and its Member States, EU economic/monetary
policy,
enlargement of the Union, international security measures, and the EU's external relations with
other States.
This publication provides a very practical approach to obtaining critical perspectives about key
issues certain
to emerge in future EU negotiations.
A. Gamble & A. Payne (ed.), REGIONALISM & WORLD ORDER (St. Martin's Press,
1996) [paper:
282].
This collection of essays analyzes different regions of the "world economy." It provides
both an
intuitive and authoritative description of the gravitation of States toward regional economic
blocs--and the
possibility that today's trade wars could be the prelude for tomorrow's military hostilities.
Another pervasive
the theme is the degree to which this form of regionalism is either compatible with, or the
antithesis of, global
independence.
The areas of focus in this multiple-author appraisal are Europe, the Americas, and Southeast
Asia.
The eight articles thus address the following: the political features of economic regionalism; the
fear of
"Fortress Europe;" Eastern Europe in transition ; US trade policy and Latin America; the potential
remaking
of the Americas via regional-building initiatives; Japan and Asia-Pacific programs such as
ASEAN; the newly
industrialized nations in East Asia; as well as an introduction and conclusion essays.
In the aftermath of the Cold War, the growing attention to economic integration makes this
study
timely, provocative, and informative. This would be an excellent supplemental reader for courses
assessing
Pacific Rim trade, the European Union, the Americas, and courses generally analyzing various
forms of
regionalism--from economic to the more integrated forms of associations of States.
L. Louis-Jacques & J. Korman (ed.), INTRODUCTION TO INTERNATIONAL
ORGANIZATIONS
(Oceana, 1996) [574].
This publication makes a rather unique contribution to the literature on accessing the
documentation
of international organizations. It thus provides the how, where, and why that is all too often
obscured by lack of
familiarity with international legal resources. It presents a form of self-instruction book on "how
to find it" for
those seeking greater access to the literature of and about certain international organizations. It
consists of
nineteen articles by authors, most of whom need no introduction to ASIL members, well-versed
in the fields
which they address.
The first of four parts provides general information about the general structure,
publications,
and features of the documentation of international organizations. The second part then coaches
the reader on
the specifics of UN documentation and its sources--including both print and electronic formats.
Next is several
essays on the European Community, followed by more essays on the Council of Europe. The
final part of the
book addresses OAS, NAFTA, and human rights NGOs. This book thus sets forth the essentials
about primary
and secondary materials, casebooks, CD ROM titles, finding aids, digests, reporters, periodicals,
and electronic
search engines--to name a few.
No library with a basic international component should overlook this particular
resource for
unraveling the mysteries associated with researching the documentation of international
organizations.
P. Myers, SUCCESSION BETWEEN INTERNATIONAL ORGANIZATIONS (Geneva
Grad. Inst.,
1993) [185].
Succession between States has received a great deal of attention, particularly in
the
aftermath of the Cold War era. This booklet is a welcome addition to succession literature,
because it analyzes
organizations--a theme with great significance, but lacking the comparative degree
of written
consideration. Many international organizations have evaporated since WWII, with little attention
via written
appraisals. This concern is not irrelevant to the UN itself, an institution floundering on the shoals
of financial
disaster.
The author begins this analysis by reference to the fundamental norms of State succession,
which is
then nicely dovetailed with the comparatively recent and infrequent phenomenon of organizational
succession.
The book is divided into reviewing the definitional elements of organizational succession, forms of
succession,
complimented by their legal bases and effects. Theory is tempered by reference to contemporary
practice,
analysis by judicial decision-makers (including the Namibia ICJ statements regarding the UN as
successor to
the LON mandate system), and treaty assessment.
This reader is written in an effervescent style, supported by objective legal analysis,
and
authenticated by numerous authorities for undertaking further investigation.
G. Ostrower, THE LEAGUE OF NATIONS: FROM 1919-1929 (Avery, 1996) [paper:
176].
There is a dearth of materials that present the essentials of the LON process in a succinct
and
effervescent manner. This booklet helps fill this void, especially for those seeking a respite from
the usual
scholarly approach to legal topics. It carefully chronicals the course of the LON's evolution
during a
tumultuous first decade via the author's personal historical narrative, fifty photographs, and the
twenty-six
articles of the LON Covenant. The bibliography is both extensive and on point, for those in
search of further
details.
LON is divided into eight parts--ranging from the embryonic stages, to the
trying tests of
the 1920s, and concluding with an analysis of the successes that one might draw from the failures.
One hopes
that the author will produce a related volume--dealing with the LON's remaining operational
period.
R. Rosenberg & S. Stein (ed.), ADVANCING THE MIAMI PROCESS: CIVIL SOCIETY
AND THE
SUMMIT OF THE AMERICAS (North/South Center Press, 1995) [paper: 427].
The December 1994 Summit of the Americas Declaration of Principles was a significant step
in the
approaching-universal process of regional integration--a process that may ultimately supplant
nation-to-nation
relations, as practiced in the now 300-year-old tradition of Westphalian Statehood. This
contribution to public
understanding of the impact of the Summit compiles the key documents and statements of the
so-called "Miami
Process," where thirty-four heads of State from the Western Hemisphere met in Miami, Florida.
In contrast to
previous hemispheric summits, this one occurred in the post-Cold War era--focusing on the
integration of
democratic principles, primacy of free markets, and the objective of far greater hemispheric
integration than
experienced in the last four decades. Also, the 1967 Punta del Este Conference (Uruguay) was
held under
auspices of the OAS, as opposed to the Miami Process spawned by a US diplomatic initiative.
The book begins with the basic official summit documents, including initiatives, declarations
of
principles, and resulting plan of action. This portion of the book also contains the relevant
intergovernmental
publications. The next part consists of proposal s from non-governmental sectors involving
human rights,
democratic political aspirations, the interplay of prosperity and economic integration, elimination
of poverty,
and sustainable development. The last part of this book contains the crucial summit
correspondence and a list
of participating organizations. The well-conceived Index serves to promote ready access to
content.
This UN document contains the compilation of national claims to the Territorial Sea (TS)
and
Contiguous Zones (CZ). This update is significant, as it is the first to be published since the UN
Convention on
the Law of the Sea (UNCLOS) entered into force in 1994. It is thus a very useful resource for
the purpose of
determining the degree of adherence to the agreements contained in the UNCLOS. For example,
one can
readily ascertain which of the 151 coastal States have published TS or CZ limits within treaty
parameters
(TS=128; CZ=all but one of the States that have established a CZ).
This version is probably the most authoritative source for coastal State rules of
innocent
passage existing between two covers--including the rules applicable to both commercial and war
vessels. It is
contains an alphabetized listing of national legislation from 141 nations on their respective TS
and CZ regimes.
As is fortunately typical of UN publications, this one furnishes footnote detail on alternative
sources for further
details regarding various national legislative statements.
NGOs are receiving an increasing degree of recognition in the academic literature.
This
particular contribution, which opens with a Foreword by the UN Secretary-General, analyzes how
NGOs have
discharged their mandates in a way that has positively influenced UN crisis management.
The first Part (of four) provides a sketch of a theoretical framework that has
effectively
pluralized global problem solving. The second Part of this book presents the specifics of just how
nongovernmental organizations have impacted various UN initiatives, in the areas of human
rights, the
environment, and women's rights. The third Part covers relations between Third World NGOs
and the UN,
coalitions, and the growing partnership between the State, the NGO, and the UN--with an
emphasis on Central
America.
Readers seeking a succinct overview of the relation between the UN and key
international
NGOs might consider this collection of essays a good general "reader" for any course with a
significant
International Organizations component.
Daily headlines have focused attention on a new threat since the Cold War: the environment.
While a
number of positive outcomes illustrate the value of various space programs, there is a latent price
to be paid for
all of the space debris which threatens the environment near the earth's surface. This book thus
presents
collection of twenty-five informative plain-English essays on the details of what editors frequently
refer to as
"space junk." It is the edited work-product of a 1992 interdisciplinary conference on this subject,
held at the
University of Chicago.
This book would be an excellent supplemental reader for space or environmental, both
graduate and
undergraduate, particularly for professors who recognize the comprehensive nature of this
interdisciplinary
problem.
This is an excellent presentation of eighteen country-by-country conflict of laws
analyses--from
Argentina to the USA. After an insightful seventy-page introduction by the UK's Professor
Fawcett, it focuses
on the circumstances for national decisions to decline jurisdiction in cases involving cross-border
civil and
commercial disputes.
The essential themes include forum non conveniens, lis pendens (parallel
proceedings in
different States), contractual choice of forum clauses, arbitration agreements, and forum
shopping. The nations
covered are: Argentina, Australia, Belgium, Canada (common law and Quebec), Finland, France,
Germany,
the UK, Greece, Israel, Italy, Japan, The Netherlands, New Zealand, Sweden, Switzerland, and
the USA.
There are useful tables--of cases, legislation, and treaty arrangements--followed by a brief but
convenient Index of the book's overall subject matter. The organization is splendid, because the
editor first
required the presenters to respond via format contained in the Appendix Questionnaire
(beginning
with "Do you have in your state (country) a doctrine of forum non conveniens...").
There has been an increasing interest in Roman Law, evinced by the number of recently
published
works on the subject. The professors within the American Society of International Law now have
access to this
useful textbook--or reader to accompany their Roman Law courses.
The nature of the Roman Law's enduring legacy has been illustrated by
readily-traceable
features of this ancient body of norms, still cited in today's case law in the various jurisdictions of
the world.
England's Professor Borkowski has produced a text that is well-written and organized, while
covering this
fascinating subject in an effervescent manner not always found in historical treatments of the law.
Probably the most useful feature is the presentation of the actual texts (e.g., Justinian) in bold
print,
followed by the author's explanations of their meaning and evolution.
A. Lewis (ed.), THE ROMAN LAW TRADITION (Cambridge, 1994) [234].
There has been an increasing interest in Roman Law, evinced by the number of recently
published
works on the subject. The professors within the American Society of International Law now have
access to this
useful reader, possibly to accompany courses or modules about Roman Law.
The nature of the Roman Law's enduring legacy has been illustrated by
readily-traceable
features of this ancient body of norms, still cited in today's case law in the various jurisdictions of
the world.
The editor has thus assembled thirteen essays, with a roughly equal number of English authors,
each presenting
a different facet of this rich tradition. The books opens with a succinct overview of the general
Roman Law
tradition, followed by readily digestible but authoritative reviews of the significant segments of
the Roman Law
and its impact on subsequent epochs of that law's evolution.
Events including the breakup of the former Soviet Union and Yugoslavia, and the current
Middle East
peace process have combined to spawn a renewed interest in peaceful changes in State status--a
relatively
neglected area of international peace studies. The author presents various theoretical,
philosophical, and
historical perspectives in his quest to analyze conditions for affecting territorial change without
the usual
incidents of warfare and economic devastation. What bargaining processes can favorably impact
changes in
territory?
The author painstakingly evaluates some 100 events involving 19th and 20th Century
territorial change. Combined with contemporary scenarios--including the Camp David
Agreements and
US/Panama Canal Treaty--he explores the relevant factors for the peaceful settlement of territorial
disputes.
This work is a viable contribution to be considered by both the decision-maker
and the student
of international relations theory. The author's significant attention to providing useful resources
and an
exhaustive bibliography for further study make this a valuable book for use in a variety of
diplomatic and
academic contexts.
M. Olcott, CENTRAL ASIA'S NEW STATES: INDEPENDENCE, FOREIGN POLICY,
AND
REGIONAL SECURITY (US Inst. Peace, 1996) [paper: 202].
The Soviet Union's former territories had to quickly assimilate the features of
democratic
independent States, and a radically altered form of economic policy, with little experience in
international
relations. In this election year in the US, presidential politics has not produced a clear picture of
foreign policy
with respect to the central Asian republics--particularly Kazakhstan, Kyrgyzstan, and Uzbekistan.
The
author's work identifies these and other related problems with an arena of increasing interest to
the West.
Beginning with an analysis of "premature birth," the author succinctly summarizes the
essentials
regarding continued ethnic problems, false hopes of cooperation, and the apparent search for
some lesser form
of reunification than that provided by the Soviet Union. Roughly half of the book's chapters focus
on the
specific problems in each of the above-mentioned geographic cogs in this particular arena.
The author provides both insightful analyses and somewhat unique perspectives, given the
dearth of
studies on this area of our "global village."
I. Zartman (ed.), COLLAPSED STATES: THE DISINTEGRATION AND
RESTORATION OF
LEGITIMATE AUTHORITY (Lynne Rienner, 1995), [paper: 303].
The dearth of literature on this topic makes this book a significant addition to the John
Hopkins School
of Advanced International Studies African Studies Library. Decolonization, followed by the
difficulty of many
African States to manage their internal affairs, raises the question of whether the disruption of
governmental
authority and legitimacy signals the demise of Statehood in the Westphalian sense.
Seventeen individually-authored essays examine eleven of Africa's numerous
States--assessing the
causes of disintegration, as well as how the respective scenarios were (and could) be dealt with in
the future.
One central theme of the various essays is to identify the various methods for reaction by the
international
community, including UN action and foreign intervention. This work also serves as a benchpost
for identifying
States that are in danger of collapse, and the potential agents for reconstruction.
G. Lyons & M. Mastanduno (ed.), BEYOND WESTPHALIA?: STATE SOVEREIGNTY
AND
INTERNATIONAL INTERVENTION (John Hopkins, 1995) [paper: 324].
This collection of eleven authors/essays presents a detailed approach to the overly-ripe
question of the
degree to which intervention--on humanitarian and related grounds-- properly addresses the
balance between
national sovereignty and international controls. Legitimacy is the unifying theme, and whether
intervention
can be increasingly justified on legal or political grounds.
The most striking theme in this study is the analysis of post-Cold War bases for integrating
word and
deed in the international community. Environmental and weapons control issues are integrated
into this
treatment of reflections on the present and prospects for the future.
This is an excellent reader for one seeking a contemporary snapshot of the
continued
juxtaposition of Westphalian State sovereignty and the international legal norms in the
ever-sensitive content of
"intervention."
This useful lawyer's guide is a new--and quite welcomed--offering in the publisher's
Practitioner's
Deskbook Series. It contains a history of the Uruguay Round, a 140-page commentary on the
agreement
establishing the WTO, and the text of the WTO agreement. The bulk of the book and diskette
contains the text
of the Annexes on interpretations and the specifics about particular areas of trade covered by the
WTO
agreements.
In addition to a handy, "between two covers" presentation of the WTO's
essentials, the author
has also provided a searchable diskette for ease of access to content. This book would be the
ideal companion
for any academic offering focusing on international trade, as well as an excellent resource for
practitioners or
researchers seeking reliable details on the relatively new WTO process.
H. Van Houtte, THE LAW OF INTERNATIONAL TRADE (Street & Maxwell, 1995)
[429].
To the Editor's knowledge, this is the first English-language handbook on
international trade.
While the Belgian Avocate-author dwells on the European Community, he also provides practical
insights for
trade practitioners and academia in a broadly defined context. It is succinct, but quite
authoritative--carrying
useful tables of cases, national legislation, international sources. Its and well-documented textual
analyses
provide ample resources for further inquiry.
The first three chapters provide the essential backdrop for understanding the sphere
of
international trade (sources, role of States and international organizations, regulation). These
preliminary
analyses present insightful details about the playing field and the players exerting an impact on
international
trade. The author covers custom, soft law, sanctions, public and private law paradigms, and the
role of GATT.
The next six chapters address the specifics of international sales, such as the Convention on the
International
Sale of Goods, Incoterms, distribution agreements, technology transfer, foreign investment laws,
finance, and
payment. The remaining chapters present the dispute resolution mechanisms relevant to
international trade,
including enforcement of judgments, arbitration, and the like.
This would be a superb reader for the student/teacher, and practitioner seeking
a general
understanding of the foundational elements of international trade.
This exhaustive work is the third in a series of this publisher's multiple-author treatises
containing the
core of current legal issues in International Law. The first two, reviewed in prior issues of this
Newsletter, are
R. St. John Macdonald's Essays in Honour of Wang Tieya [Peking University]
(Nijhoff, 1994) and
Mohammed Bedjaoui's International Law: Achievements and Prospects (Nijoff &
UNESCO, 1991).
Each tends to cover related, but distinct, waterfronts. This volume (fifty-seven articles and
about as
many authors) focuses on the issues of central concern to the UN Decade of International
Law--an ambitious
program essentially conceived to foster greater respect for, and observance of, International Law.
The editors
are professors in the UK and France. They have collated and edited the proceedings of the Doha
(Qatar)
International Law Conference (March 22-25, 1994). This conference was coordinated by the
Asian-African
Legal Consultative Committee, Secretariat of the UN, and Frere Cholmeley (Paris).
The first of six chapters analyses the role of the UN, and other entities including various
governmental
organizations, in fostering respect for International Law under auspices of the UN Decade
process. The second
chapter next addresses key issues arising under the '92 Rio Conference--an event shaping public
opinion about
the increasing importance of environmental degradation and sustainable development. This
chapter first
addresses the impact of armed conflict on the environment. It then proceeds to analyze
environmental issues
related to the global commons and the liability/damage principles associated moving hazardous
waste. The
sixth chapter also covers the Rio Conference. The third chapter covers the Law of the
Sea--problems existing
upon entry into force (1994), with an emphasis on migratory fish and straddling stocks. Chapter
IV carries
several articles addressing current problems with dispute settlement. Chapter V on humanitarian
law analyzes
issues regarding an international criminal court, safety zones for displaced persons, and
humanitarian
intervention. The second segment of the sixth chapter (which begins with the aftermath of the
Rio Conference)
closes the book with four environmentally-oriented articles on the New International Economic
Order and its
requiem in international environmental law.
The value of this publication is its snapshot of contemporary issues that have been, and will
remain,
with the international legal community for some time to come. The individual articles in each
chapter are
generally well-researched, splendidly written/edited, and useful for readers seeking succinct but
thoughtful
analyses of today's pressing concerns. One drawback of this significant contribution, to what has
been
previously described as a three-volume series, is the absence of an index.
S. Wheatley, SWOT INTERNATIONAL LAW (Blackstone, 1996) [paper: 181].
There seems to be a new offering in the subject of student study aids on at least an annual
basis. This
Newsletter's submission by an experienced English Lecturer in Law is geared toward
Mstudents of
International Law, and professors who choose to refer their students to "what's out there." The
counterpart to
this text from the UK might be the longer and more substantive West Nutshell Public
International
Law. This version of a student nutshell begins with suggested study and examination
techniques in
its first two chapters. The remaining nine chapters summarize the fundamentals of the substance
of
International Law (sources, jurisdiction, human rights, force, etc.). While briefer than the
garden-variety
reader in this discipline, SWOT is apparently the only text that offers helpful advice
to students
who--in the publisher's words --make the same mistakes time after time."
A number of texts have undertaken the task of analyzing one of the most provocative
themes
in the US balance of powers debate: the interplay of the role of the President as
Commander-in-Chief of US
military forces, and the constitutional power to declare war constitutionally granted to the
Congress. This
addition to the literature does a remarkable job of succinctly covering the historical waterfront,
from the earlier
British model, up to the Clinton Administration's Policy on Reforming Multilateral Peace
Operations.
The opening chapter illustrates the early constitutional framework, and ensuing precedents in
various
eras of the conflict between the U.S. President and the Congress. It is only this form of detail that
exposes the
evolving character of the debate. The author closes with a ninth analytical chapter on "Restoring
Checks and
Balances," followed by very useful appendixes that aid the reader by providing specific
context--including the
framer's debate, the UN Participation Act of 1945 (and its amendment), the Intelligence Oversight
Act of 1991
and the 1994 Clinton Administration peacekeeping policy announcement.
This book might be considered "must" reading for any student of the murky balance of powers
dilemma on the scope of the US President's war powers.
.