The Editor herein expresses special thanks to Clarendon Press, a division of Oxford University Press, for its continuing support of the activities of the American Society of International Law's United Nations Decade Section.

Topical Headings

Diplomacy	Int'l Adjudication	Peace Studies
Environment	Int'l Organizations	Textbooks/Readers
Foreign Investment	Law of the Sea	Use of Force/Arms Transfers
Human Rights	Nuclear Controls	Publishers Information

Diplomacy:

• J. Barker, THE ABUSE OF DIPLOMATIC PRIVILEGES AND IMMUNITIES: A NECESSARY EVIL? (Dartmouth: 1996) [283]--
  
  

  The sensational (and sensationalistic) book by US journalists entitled ,cite>Diplomatic Crime: True Stories of Crimes by People Who Live Above the Law,/cite> (Knightsbridge: New York) was, until now, the most widely available treatment of this subject. A British Lecturer in Law has now provided a succinct, authoritative, and well-written analysis of the dilemma associated with diplomatic immunity. There is an ever-present concern with the Vienna Convention notion of diplomatic immunity--spawned by the need to facilitate diplomatic intercourse--when crimes are committed by those protected by its immunities. This work addresses the attempts to reconcile competing considerations, as well as identifying the horns of this "necessary evil."
  
  

  The opening chapter identifies the problem, the practice, and ancient roots. The two ensuing chapters then trace theoretical underpinnings and the current law of diplomatic immunity. Chapters Five though Seven pinpoint methods of control, and responsive national and international measures. Chapter Eight raises the question of whether the abandonment of the "representative character" theory necessitates a duty to waive immunity in favor of a right of direct action against the offender. The remaining two chapters analyze the continuing necessity of immunity to the diplomatic function, and a brief conclusion focused on the British response to the 1984 incident generating heated popular debate over the continuing vitality of diplomatic immunity.
  

• M. Lund, PREVENTING VIOLENT CONFLICTS: A STRATEGY FOR PREVENTIVE DIPLOMACY (Inst. Peace: 1996) [paper: 220]--
  
  

  This booklet should be considered by our members who teach, or are genuinely interested in a concise but authoritative reader on the prevention of international conflict. Its five chapters trace the theoretical underpinnings, as well as the practical bases for recognizing and dealing with the typical threats. Appendix A adds a "Preventative Diplomacy Toolbox," which serves as a checklist for both decision-makers and researchers on how to recognize and directly address military and non-military alternatives to violent conflict.
  
  

  The author provides insightful analyses of the sometimes overlooked costs of inaction and how to identify and implement the relevant political strategies. While many books typically key in on the search for solutions, this one refreshingly focuses on the conditions for successful prevention. On the eve of the US presidential election, and the debate regarding the continuing role of the US in international affairs, this reader may be consulted for fascinating insight about just how one might develop a strategy for managing conflict in the Twenty-First Century.
  
  

• J. Cohen, HOW MANY PEOPLE CAN THE EARTH SUPPORT? (Norton: 1995) [532]--
  
  

  This insatiably interesting estimate is an authoritative examination of possibly the most significant environmental problem of all time. While the author admits to no "right" answer, most contemporary estimates range from between four and sixteen billion inhabitants.
  
  

  The author reviews the history of population growth. He astutely identifies the fallacy, or incompleteness of the underlying assumption: that there is a readily ascertainable number, without reference to qualifying parameters. What about the impact of the "sustainable development" models addressed by contemporary environmental paradigms? What about differing perspectives regarding appropriate technologies, economic models, cultural values, biological environments, and the like.
  
  

  The author has determined that neither panic nor complacency is in order. The pending questions include the global analysis of the varying tradeoffs which will impact the answer to this fascinating question. His book is extremely well organized, written, and supported.
  
  

Foreign Investment:

• M. Sornarajah, THE INTERNATIONAL LAW ON FOREIGN INVESTMENT (Cambridge: 1994) [430]--
  
  

  Professor Sornarajah has herein provided an excellent, comprehensive, and well-supported survey of national techniques for attracting foreign investment. He also analyzes the international institutions that offer protection for foreign investors. The risks to foreign investment are identified, as well as the effect of various methods for avoiding or minimizing that risk--thereby illustrating how such factors can optimally operate to provide a climate for achieving the positive objectives of all participants.
  
  

  The Introductory chapters provide useful background material for both the novice and experienced readers in search of further analysis of this significant problem. The author identifies the shaping factors, controls and jurisdictional approaches by host States. He next develops the theme via several chapters on multilateral instruments and bilateral treaties on foreign investment. The final chapter concentrates on the major theme of compensation for nationalization of foreign investment.
  
  

  This editor recommends this book for any collection hoping to display complete coverage and analysis of national and international controls on foreign investment. ILFI provides not only the author's well-conceived insights, but also extensive references to other works for those in need of related detail.
  
  

Human Rights:

• Bottoms & Goodman (ed.),INTERNATIONAL PERSPECTIVES ON CHILD ABUSE AND CHILDREN'S TESTIMONY: PSYCHOLOGICAL RESEARCH AND LAW (Sage: 1996) [paper: 312]
  
  

  This is a fourteen-chapter treatment of the indicated subject by multiple authors in fields related to child abuse and testimony. Given the dearth of materials, and increasing attention to this phenomenon, practitioners--as well as researchers and teachers--may benefit from this comparative exploration of a major human rights problem.
  
  

  The first two chapters are an editors' introduction and a discussion of suggestibility. The ensuing chapters deal with specific laws in The Netherlands (testimony), Israel (abuse), Canada (judicial treatment), Great Britain (effect of research on legislation). The following chapters analyze matters relating to child testimony in Scotland, Australia, New Zealand, South Africa, and the USA.
  
  

  The penultimate chapter describes international reform to accommodate child witnesses; followed by the closing chapter which concludes that "India [and like countries] is not ready."
  
  

• R. Messick (ed.), WORLD SURVEY OF ECONOMIC FREEDOM 1995-1996 (Transaction: 1996) [paper: 219]-
  
  

  This booklet is briefly reviewed, so that our members will be aware of a very useful analysis of a human rights perspective that does not receive adequate attention--economic freedom within the various nations of the world. It provides a description of the state of economic freedom based on assessments of various factors including limitations on a citizen's right to own property; earn a living; operate a business; invest earnings freely; and trade internationally. The organization's objective is thus to advance the cause of freedom--specifically economic freedom--via this annual survey. (It also publishes other surveys dealing with political and civil rights.)
  
  

  This year's production surveys eighty-two countries. The organization also offers its assessment of whether each nation is "Free," "Partly Free," "Not Free," and like designations.
  
  

• L. Minear, et al.,THE NEWS MEDIA, CIVIL WAR, & HUMANITARIAN INTERVENTION (Lynne Rienner: 1994) [paper: 122]--
  
  

  This booklet offers an intense snapshot of the three-way interaction between the news media, governments, and humanitarian organizations during humanitarian crises--or the so-called "CNN" factor. It focuses one's understanding of just how print and electronic journalism can temper violations of human rights norms during civil strife.
  
  

  The three chapters contain case studies of this phenomenon in Liberia, Iraq, Somalia, the former Yugoslavia, Haiti, and Rwanda. This would be a useful reader for government policymakers, humanitarian agencies, and the media-- all of whom could benefit by a mutual understanding of their inter-relationship in civil conflicts.
  
  

Int'l Adjudication:

• R. Clark & M. Sann (ed.), THE PROSECUTION OF INTERNATIONAL CRIMES: A CRITICAL STUDY OF THE INTERNATIONAL TRIBUNAL FOR THE FORMER YUGOSLAVIA (Transaction: 1996) [502]--
  
  

  This book is the latest in the series that examines the creation, mandate, and challenges of the UN's ad hoc International Criminal Court as a response to the atrocities perpetrated in the former Yugoslavia. It is a collection of essays (previously appearing in the Rutgers Criminal Law Forum) on the key features of this institution, provided by a number of authors in eleven chapters. Part I introduces the book via the familiar Nuremberg precedent. Part II consists of an important contribution regarding the fact-finding function of the Tribunal--focusing on the work of the Commission of Experts, established by UN resolution to investigate violations of International Humanitarian Law. Part III contains four chapters on the establishment of the Tribunal. Part V illustrates the problems with both the substantive and procedural aspects of this institution. Here, the authors address the Statute and Rules of Court, rape and its related evidentiary issues, rules of procedure and evidence, and securing the presence of indicted defendants at The Hague. The Appendixes include the formative UN Resolutions, Report of the Secretary-General, Rules of Procedure and Evidence, and the Statute for Rwanda.
  
  

  This is a solid contribution to the literature on the workings of the Court--well-written, researched, and supported. It should be included in any collection in need of materials on this reaction of the international community to the violations of human rights and related war crimes in the former Yugoslavia.
  
  

• T. Franck & G. Fox (ed.), INTERNATIONAL LAW DECISIONS IN NATIONAL COURTS (Transnational: 1996) [402]--
  
  

  This book is the product of a study initiated by US Supreme Court Justice Sandra Day O'Conner. It deals essentially with a feature of the nexus between national and international law: the extent to which national judges treat the international decisions of their colleagues as binding v. persuasive; evidence of law or fact; res judicata, and like considerations.
  
  

  A team of faculty members from NYU addressed this problem--joined by a distinguished panel of US, foreign, and international judges. The resulting essays in the book cover the highlights of the conference in thirteen individually-authored chapters. It is a useful, contemporary, and provocative treatment of the central features of this enigmatic process. The central themes include, of course, International Law in national courts; national jurisprudence in international tribunals; the impact of international arbitration on national courts; the ECJ's impact on the courts of its member nations; regional human rights tribunals; the interaction between international criminal courts and national legal systems; and the effect of ICJ decisions in national courts.
  
  p This work is a must for any collection addressing the interplay of national and international tribunals. It offers very practical guidance on the ever-present monist-dualist debate regarding the very nature of International Law.
  
  

• K. Kuilwijk, THE EUROPEAN COURT OF JUSTICE AND THE GATT DILEMMA: PUBLIC INTEREST VERSUS INDIVIDUAL RIGHTS? (Nexed: 1996) [357]--
  
  

  This book is the initial title in the Critical European Studies Series produced by the Center for Critical European Studies in cooperation with Netherlands publisher Nexed. It synthesizes ECJ jurisprudence and application of the GATT.
  
  

  The introductory chapters address European integration and the WTO. Then, the first of three parts analyzes the status of the GATT in European Community Law--including matters of supremacy of the GATT and its interpretation under Community Law. Part 2 focuses on the famous banana litigation, Federal Republic of Germany v. Council of the European Union. The author thus brings the dilemma regarding individual rights to life, while illustrating the interplay of the GATT and prior interpretations of Community Law. Germany's application was supported by two allies although the Council was supported by most other members--making for a lively and authoritative discussion of the underlying issue. Part 3 of the book then provides a critical analysis of GATT's functioning within the context of existing European Community Law--and the interplay of regional and global schemes affecting individual economic rights within the Community.
  
  

  This book is a "must" entry for any collection purporting to cover European Community Law and/or the basic functions of regional institutions in an increasingly global trade market. The author nicely demonstrates just how political and economic factors play such a prominent role in the evolution of GATT and Community Law--as they impact the economic rights of the States and companies now subject to both regimes.
  
  

• S. Schwebel, JUSTICE IN INTERNATIONAL LAW: SELECTED WRITINGS OF STEPHAN M. SCHWEBEL (Cambridge: 1994) [630]--
  
  

  This is a collection of thirty-six of Judge Schwebel's (100 since 1947) personal writings and lectures/commentaries of continuing interest. It is divided into five Parts: I--International Court of Justice; II--International Arbitration; III--United Nations; IV--International Contracts and Expropriation; and V--Aggression under, Compliance with, and Development of International Law.
  
  

  The availability provides an ideal opportunity for surveying the perspectives, of the sitting US judge on the ICJ, on the progressive development of International Law. Each is of course a well-considered statement of the varied subjects undertaken by the judge in his rather illustrious career. This editor recommends it for library collections seeking depth of analysis on the varied facets of International Law produced by prominent members of the international community.
  
  

Int'l Organizations:

• M. Esman & S. Telhami (ed.), INTERNATIONAL ORGANIZATIONS AND ETHNIC CONFLICT (Cornell: 1995) [paper: 343]--
  
  

  This book consists of eleven chapters, by different authors, analyzing the international organizational response to ethnic conflict in the post-Cold War era. It contrasts various contemporary periods, with an emphasis on developments in the cases of Lebanon and Yugoslavia.
  
  

  The initial chapters introduce the problems encountered by organizations, wrought by events that surfaced with a fury in the aftermath of the Cold War--especially, the challenges to the UN. Parts II and III contains three chapters each, exploring the specific cases of Lebanon and Yugoslavia. The concluding chapters then compare these two countries, and the changing role of international organizations in their response to ethnic conflict.
  
  

Law of the Sea:

• D. Attard, THE EXCLUSIVE ECONOMIC ZONE IN INTERNATIONAL LAW (Clarendon: 1987) [350]--
  
  

  This book is a segment of the Oxford Monograph series, containing important original works by prominent scholars in the field of Public International Law--and generally edited by Oxford's Ian Brownlie. It may be fairly characterized as the seminal work on the subject of the Exclusive Economic Zone (EEZ).
  
  

  General acceptance of the concept of an EEZ is evinced by the 1982 UN Law of the Sea treaty (which finally entered into force in 1994). During the interim period, between 1982 and the publication date of 1987) a number of questions developed regarding the scope of this special zone. Professor Attard's book succinctly provides a comprehensive analysis of these problems and the evolution of the EEZ via customary international practice.
  
  

  The organization is splendid. The opening chapter provides an historical discourse on the evolution of this zone in various regions of the world. The next two chapters cover the Law of the Sea Conference and resulting Convention. Chapter Four addresses the relationship of the EEZ to the other recognized zones. The next several chapters cover conservation measures, rights of land-locked States, and delimitation issues between coastal States. The final eighth chapter analyzes the current status of the EEZ (in the pre-entry into force period as of 1987).
  
  

  This work is very useful for anyone wishing to develop a comprehensive understanding of the EEZ. It is fully adorned with research support for any reader or student of this major facet of the current Law of the Sea regime.
  
  

• G. Westerman, THE JURIDICAL BAY (Clarendon: 1987) [290]--
  
  

  This book is a segment of the Oxford Monograph series, containing important original works by prominent scholars in the field of Public International Law--and generally edited by Oxford's Ian Brownlie. It may be fairly characterized as the seminal work on the subject of juridical bays.
  
  

  This work fully delves into the continuing problem of fashioning an acceptable yardstick for measuring the point at which waters within the world's various coastal indentations become entitled to characterization as internal water juridical bays. The author effectively syntheses the contents of the prior and the contemporary Law of the Sea Convention (which finally entered into force seven years after publication) with and a number of illustrative charts, to provide the reader with a comprehensive snapshot of the current legal regime governing historic bays.
  
  

  While some other major features of the LOS Convention have been repeatedly analyzed in the academic writings, this book is unequaled as a prominent and exhaustive treatment of one of the complex issues in the International Law of the Sea.
  
  

• OECD, NUCLEAR ACCIDENTS: LIABILITIES AND GUARANTEES (OECD: 1993) [600]--
  
  

  This work would not fall into a "latest publications" portion of this Newsletter's Readers Corner. It does provide significant insight, however, and should be considered by any collection with an emphasis on nuclear issues. It is the product of a symposium held in Helsinki in 1992, where the OECD Nuclear Energy Agency and the UN's International Atomic Energy Agency organized a conference to bring more attention to this increasingly significant concern.
  
  

  The contents consist of the papers (mostly in English--some French) submitted by experts. The central themes include lessons learned from Chernobyl; revising the Convention on Civil Liability for Nuclear Damage; insurance of nuclear risk; supplementary funding for compensating for nuclear damage; and State liability for transboundary nuclear damage.
  
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Peace Studies:

• M. Bar-On, IN PURSUIT OF PEACE: A HISTORY OF THE ISRAELI PEACE MOVEMENT (Inst. Peace: 1996) [paper: 470]--
  
  

  The author has served Israel in various capacities, including service in the Israeli Defense Force and the Knesset. His activism in the pursuit of peace has now taken the form of this historical account of the peace process--which he aptly describes as a work in progress--from the diverse perspectives of soldier, politician, scholar, and activist.
  
  

  He synthesizes the key events of this process, from its inception just after the birth of Israel, through Resolution 242, and the events occurring after the assassination of Rabin. This is an astutely researched and written testament to the development of the Israeli peace process. While the author addresses potential "Bias and Objectivity" in an early section of his introduction, one would be hard pressed to accuse him of not accurately portraying all the relevant events from a rather balanced perspective.
  
  

  This work would be an excellent addition to the syllabus of peace studies courses taught by our members. It really gives you the sense of being there (in the Edward R. Murrow sense of that term) during the evolution of the pursuit of peace in the Middle East.
  
  

Textbooks/Readers:

• D. Lieberman & M. Gurtov, REVEALING THE WORLD: AN INTERDISCIPLINARY READER FOR INTERNATIONAL STUDIES (Kendall/Hunt: 1992) [paper: 292]--
  
  

  Although this publication does not fit into the "brand new" category of publications traditionally reviewed in this Newsletter, it is of significant interest to our members teaching undergraduate courses. This collection would be a fascinating summary for any UNDIG members considering either taking or giving a first course in International Studies.
  
  

  The editors have collated a twelve-chapter, multiple-author format, to provide users with a useful array of readings about the field of International Studies. The subjects of the varied chapters include the related features involving history, geography, anthropology, intercultural communication, politics, personality, culture, gender, business, ecology, and peace studies.
  
  

Use of Force/Arms Transfers:

• I Brownlie, INTERNATIONAL LAW AND THE USE OF FORCE (Clarendon: 1963) [532]--
  
  

  As the Editor of this Newsletter, I have tried to include a brief review of at least one of the recognized classics in Public International Law. Professor Brownlie's treatment of State uses of force remains a staple --which should be included in any collection that purports to include the basics in International Law. This work is a "must," not only for ensuring depth of coverage, but for providing a sufficient base for serious research on an issue that touches and concerns nearly all facets of International Law.
  
  

  This subject had received inadequate academic attention at the time of publication. In addition to providing both comprehensive and practical insights at that time, this analysis still "rings true" today--in terms of the persisting failure of States to recognize the noted disadvantages with resorting to various forms of force in their international relations.
  
  

  Although the title suggests a rather immense subject area, Professor Brownlie's treatment focuses on the nature of the prohibition on the use of force by States, its corollaries, and notions that have immense contemporary value--including the legality of the use, testing, and possession of nuclear weapons (a matter finally considered by the ICJ in 1996); regional arrangements for securing peace; and several features regarding war--including its impact on nationality termination, and its effect on treaties.
  
  

• D. Gallik (ed.), WORLD MILITARY EXPENDITURES AND ARMS TRANSFERS 1995 (24th ed. U.S. Arms Control & Disarmament Agency: 1996) [paper: 186]--
  
  

  This annual US Government publication provides some very useful statistics regarding arms transfers throughout the globe. It is a convenient reference on arms transfers, armed forces, and related economic data for 172 countries during the decade from 1984-1994. The many tables include rankings of countries on a variable expenditures per capita, armed forces per 1,000 people, and the like. It also summarizes arms import and export trends, number of weapons delivered, recent developments in US conventional arms export policy, and many other fascinating statistics.