Readers' Corner
[ Editor's Note: I thank the Kluwer publishing group for its consistent
support of the work of the UN Decade of International Law. While I obtain a number of review
resources from my law school's library, Kluwer has generously provided copies of some recent
titles for review in this Newsletter.
Now that we are "wired," because our Newsletter is on the Internet (see Message from the Chair), you can read all prior Reader's Corner reviews of books by a number of publishers.
I have added a new feature, beginning with this edition of the Newsletter: the ISBN Number is included (after the name of the publisher and date). As with prior editions of this Newsletter, the first part of the publisher's name is provided--the full name and address being listed below under Publisher's Information. The "[ ]" symbol includes the number of pages in the book, with an indication when the reviewed copy is available in paperback.]
N. Jasentuliyana, PERSPECTIVES ON INTERNATIONAL
LAW(Kluwer, 1995: 90-411-0884-X) [556]--
The Kluwer Group continues its informative assortment of collected essays by
prominent
scholars with the publication of this work--adding to its three 1,000 or more page essays
previously reviewed in prior editions of this Newsletter--all of which provide diverse analyses of
leading issues of the day. The general focus of thispublication is to honor ICJ Judge
Manfred Lachs, with a Foreword by the former UN Secretary-General. The essence of this
collection, which at first blush appears diffuse, links themes that have or will be dominating
international discourses well into the Twenty-first Century.
The first part contains chapters analyzing the Theory and Practice of International
Law, all
by familiar names in their field (Higgins, Franck, Weiss, and Nanda). The second set of writings
explore the UN and its role in the face of contemporary tensions (Schachter, Pocar, Njenga,
Elaraby, and Dupuy). The third section deals with the World Court (McWhinney, Ajibola,
Guillaume, Makarczyk, and Weeramantry). The final grouping addresses the focal issues of the
new millennium involving Space Law (Jasentuliyana, Vasic, Coca, Bedjaoui, and Vereshchetin).
The final section provides the details regarding Judge Lachs--his background, writings, cases,
etc.).
A. Yusuf, AFRICAN YEARBOOK OF INTERNATIONAL
LAW(Kluwer,
1996: 90-411-0268-X) [463]--
At a presentation to the UN's Sixth Committee on Teaching Materials in
International Law
in 1993, I was particularly impressed with the lament expressed by some Committee members
regarding the almost legendary lack of materials in this field--for students in certain
underdeveloped countries, as well as those elsewhere who are hungry for greater access to such
materials. Kluwer has done a useful service by advancing the development and availability of such
materials through publication of works of this nature (mostly in English, and some articles
published in French). Scholars and decision-makers in othercountries may thus enjoy
more access to materials for unraveling some of the mystery about African perspectives on
International Law.
There are over a dozen individually-authored articles in this collection. Each presents
a
significant analysis of a major feature of Africa's contemporary legal landscape, including the
following: population displacement, human rights, treaty-making, straddling stock fishing in the
high seas, non-navigational uses of international watercourses, the UN Observer Mission in South
Africa, capital movement within ECOWAS, and nuclear non-proliferation. There is a six-country
documentary survey of the UN and internal conflicts in Africa, followed by the 1994/1995 OAU
Resolutions and Declarations of the Assembly of States and Governments. The user may thus
obtain reliable evidence of the content of a variety of legal issues in an area that has, until recent
times, been rather neglected by many publishers.
UNESCO requested that the author prepare this analysis of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict--a treaty which has not only been somewhat obscure until recently, but also adopted by eighty parties in the ensuing four decades since inception.
This is essentially a review but very insightful analysis of the Convention, premised on examples of potential application drawn from UNESCO records over the last forty years. It is also an article-by-article commentary on the Cultural Property Convention--thus facilitating access in a readily comprehensible (and lively) format. He illustrates the parallels between this Convention and others, including the 1977 Protocols to the 1949 Geneva Convention provisions on maintaining cultural heritage.
There has not been so major a single-volume contribution to this topic since the Brownlie's 1963 seminal work International Law and the Use of Force by States. The author is well-suited to write on this topic. He is Bulgaria's former Vice Minister of Affairs, and currently counsel to a US law firm and a Senior Fellow at the International Rule of Law Institute in Washington, DC.
The right of self-defense may be one of the most complex subjects in the field of International Law--evinced by last year's ICJ opinion in the W.H.O. nuclear weapons case. This book intelligently balances the author's traditional tension between succinct style and adequacy of coverage. The writing style is provocative, yet obviously authoritative. The book is richly adorned with support for the author's many excursions into this veritable minefield of academic endeavor.
It is also "complete." The book analyzes the "waterfront"--assessing the evolution of this amorphously defined "right" in International Law, as it existed before and during the League of Nations era, under Article 51 of the UN Charter, and as a result of modern applications since the demise of the Cold War. This is surely going to be considered a "must" for any course (an all relevant libraries) which focuses on the use of force in International Law, International Relations, and any course which addresses the evolution and identity of coercion through State processes.
HUMAN RIGHTS
S. Anaya, INDIGENOUS PEOPLES IN INTERNATIONAL LAW(Oxford, 1996: 0-19-508620-1) [267]:
The increasing recognition of the right of indigenous people(s) to self-determination, and related human rights, is succinctly but authoritatively covered in this exploration of the contours of the status of such entities in International Law. There are many culturally distinctive groupings within certain societies--many of these being dominated by a more established culture. Although traditionally a somewhat latent feature of the colonization movement of prior eras, indigenous peoples now enjoy an increasing focus as the subjects of emerging human rights norms.
The author traces applicable treaty and customary law, while advancing a refreshing and useful perspective about the integration of this once internal facet of the relation between a State and its inhabitants and both existing and evolving human rights norms.
No human rights collection would be complete without this well-documented survey of an often-neglected area of International Law.
F. Newman & D. Weissbrodt, INTERNATIONAL HUMAN RIGHTS: LAW, POLICY, AND PROCESS(2nd ed. Anderson, 1996: 0-87084-370-2) [834]--
The late Professor Frank Newman and Prof. Weissbrodt of Minnesota have produced this welcomed addition to the educational literature for teaching a course that has enjoyed a rather sharp increase in student interest in the last decade. Only one other US author (the late Prof. Lillich: the former Little, Brown) had produced a widely disseminated text on human rights.
This is the complete course in human rights between two covers--coupled with a separate Documentary Supplement of over 200 pages, containing selected instruments and a bibliography for further research. The chapters are arranged in the following context: Treaties, Gross Violations, Use of Adjudicative Remedies, and Causes of Human Rights Violations. The approach thus focuses on the evolution of human rights beyond the traditional cornerstones within the International Bill of Human Rights. The detail needed to convey this development is available in this most recent addition to the several useful texts in the world for teaching from a lively and fascinating vantage point.
Ratna Kapur & Brenda Cossman, SUBVERSIVE SITES: FEMINIST ENGAGEMENTS WITH LAW IN INDIA(Sage, 1996: 0-8039-9315-3 US-hb; 81-7036-552-X India-hb) [352]--
There has been a veritable explosion in the interest level of international law and relations literature about feminist perspectives--especially the failure of States to address issues that are too-often consigned to the vagaries of "domestic" law. This study contributes a feminist analysis of the legal regulation of women in India. It reliably analyzes various limitations and possibilities for the role that law can play in actually protecting the rights of women in this particular society.
The authors raise the key question of the extent to which assumptions regarding the Indian woman--as wife and mother--limits the so-called promise of equality. The factors for exploring this effervescent treatment of a significant human rights problem include moral and economic regulations, the expanding role of the Hindu political "right," and the judiciary's response to gender discrimination (notwithstanding the global commitment to gender equality expressed in Article 55c of the UN Charter). The book focuses on the extent to which law might serve as the "subversive site" for the feminist struggle, rather than just a supposed instrument of social change.
K. Kenny, TOWARDS EFFECTIVE TRAINING FOR FIELD HUMAN RIGHTS TASKS(Genprint Ireland, 1996: no ISBN) [paper 75]--
This is the first published product of the International Human Rights Trust (also commissioned by the Department of Foreign Affairs in Dublin). Its purpose is to recommend a more established process for codifying human rights field practice. The Trust, established in 1996, is designed to promote respect for international human rights norms via education, research, and the general advancement of specific programs for monitoring and investigating human rights regimes. It includes stimulating materials regarding OSCE operations and its monitoring/training program in Bosnia.
L. Lijnzaad, RESERVATIONS TO UN-HUMAN RIGHTS TREATIES: RATIFY AND RUIN?(Martinus Nijhoff, 1995: 0-7923-3256-3) [448]--
The ICJ's Reservations to the Convention on Genocide Opinioninaugurated the early UN-era propriety of national reservations to human rights instruments. In the interim, there have been few academic commentaries on the specifics. This generous treatment nicely fills this gap.
The author's essential thesis is that the increasing interest in ratifying human rights treaties has some negative implications for those most affected by reservations--the vulnerable groups which include aliens, prisoners, and women. The author thus challenges the international community to acknowledge the moral and social impact of such reservations, as well as the legal implications of such exclusions.
Her work dissects four human rights treaties, in terms of reservations: the Convention on the Elimination of Racial Discrimination; the International Covenant on Civil and Political Rights; the Convention on the Elimination of Discrimination Against Women; and the Convention Against Torture, and Other Cruel, Inhuman or Degrading Treatment. Dr. Lijnzaad thereby explores the role of the States, monitoring committees, and international institutions which have affected the evolution of national reservations practice, with a special focus on the Vienna Convention reservation rules and expectations.
B. Stephens & M. Ratner, INTERNATIONAL HUMAN RIGHTS IN U.S. COURTS(Transnational, 1996: 0-941320-95-2) [377]--
In the aftermath of Filartega, the Torture Victim Protection Act, and the increasing interest in "§ 1350 actions," there was a gap in the literature--in terms of a text to provide background and guidance for litigating or researching the evolution of such cases in the courts of the U.S. The authors have provided what is essentially a manual for anyone interested in the litigation of international human rights law in the U.S. The authors are members of the Center for Constitutional Rights, with experience in prosecuting such cases.
U.S. courts have not been known to provide a convenient enforcement mechanism for the enforcement of rights protected under international human rights law. As Professor Lillich pointed out in his Foreword to this work, the anticipated flood of post-Filartegalitigation did not materialize. For those who would either litigate or prepare amicus briefs, this is a very useful primer that collects the essential cannon fodder within one convenient resource. It traces the various acts, cases, and analytical stepping stones for successful litigation in a succinct nutshell.
This book publishes the papers presented by various authors at a 1994 symposium at the University of Leiden. Experts in their fields thus focused on the continuing problem of national compliance with the judgments of international tribunals--especially the ICJ, European Court of Human Rights, and the Court of Justice of the European Communities. The respective institutions are therein reviewed in terms of institutional structure, integration with national court structures, sanction mechanisms, and supervision of execution of their judgments.
This work is particularly availing for its contribution to the literature on national compliance (and lack thereof), as well as some rather provocative insights about the comparative experiences of these courts with adherence to their work product.
M. Kazazi, BURDEN OF PROOF AND RELATED ISSUES; A STUDY ON EVIDENCE BEFORE INTERNATIONAL TRIBUNALS(Kluwer, 1996: 90-411-0142-X) [406]--
This publication caps the decade that the author's research on the Iran-United States Claims Tribunal (The Hague)--four of which focused on the book's principal theme. Unlike the national law of many countries, there is no generally applicable rules of evidence on the applicable burden of proof in international tribunals. They are typically adopted, ad hoc, from rules with different applications in different legal systems. The particular court is then entrusted to manufacture its evidentiary and procedural rules, without much if any direction from the agreement of the parties to the dispute.
The author thus assembles evidence of the resulting principles that have thus evolved from the work of various arbitral and judicial tribunals--noting that there are nevertheless some surprising similarities in practice. He explores the work of various commissions and similar bodies, which have attempted to produce this uniformity. This work contributes a distinct footprint on the path toward harmonizing international practice. It would be a very useful addition to any law library, especially those specializing in the work of international tribunals.
K. Lescure & F. Trintignac, INTERNATIONAL JUSTICE FOR FORMER YUGOSLAVIA: THE WORKING OF THE INTERNATIONAL CRIMINAL TRIBUNAL OF THE HAGUE(Kluwer, 1996: 90-411-0201-9) [paper: 109 + Appendixes 73]-
The jurisdiction of this tribunal of course depends on the political will of nations to act and react as its work unfolds. To date, there has been one prosecution, about seventy indictments, a US proposal to create a commando force to capture those indicted, and concerns regarding the possible expiration of the court's mandate at the end of its first fours of operations (since 1993).
This text provides an analysis of the work of the tribunal, such as the institution of proceedings, protective measures for witnesses, and ability to tender effective judgments. The authors have conveniently gathered and organized the key features of this process, in a format that provides easy access to the complexities of this ad hoc but formalized international institution. One may thus obtain the details regarding the Court's organization, jurisdiction, procedures regarding aid and protection to victims and their families, and the anticipated trial of the indicted defendants.
The latter part of this book contains appendixes including the relevant Security Council resolutions and rules of procedure and evidence (amended as of October, 1995). One may therefore readily access the key features of the Tribunal's process as it unfolds in what will, one hopes, not be its final year of operations.
M. Shahabuddeen, PRECEDENT IN THE WORLD COURT(Grotius, 1996: 0 521 56310 0) [245]--
Any student of International Law is soon exposed to Article 59 of the Statute of the ICJ--which appears to scorn application of the common law's familiar principle of stare decisisto decisions of the ICJ. This limitation, begotten by concerns about national willingness to use the Court, has not prevented the ICJ from relying on its precedent--as an authoritative expression of the content of International Law. Nor have the parties to ICJ litigation failed to mention what has been decided on occasions prior to the case at hand.
This work offers both contemporary and historical snapshots of the use of precedent in the PCIJ and the ICJ. In addition to providing a chronicle of the Court's expanding case law, ICJ Judge Shahabuddeen elaborates on the range of judicial precedent, any of its varied applications in the Court's work products, and just how one may perceive ICJ decisions as a form of judge made law rather than merely a conduit for customary law. This work is a must for any scholarly or practitioner's collection relating to the work of the ICJ.
This work contributes a detailed analysis of the erga omnesfacet of State responsibility in the arena of international crimes. The author first examines the relevant interests of States and the UN. Drawing from a variety of sources, including the work of the International Law Commission on State responsibility, the author presents a definitive restatement of the key issues involving reparation for State wrongs, responsive countermeasures, the use of force, and various limitations on force.
This book analyzes the fundamental paradigm that each State has various obligations to the international community of nations. All States thus have an interest in protecting such rights, because of the significance of these obligations for a smoothly operating international legal system. Examples of these critical rights include the prohibitions on aggression, genocide, slavery, and racial discrimination. The author's work focuses on the international crimes of States which are not limited, in effect, to only the "author State" and the "injured State." Another central theme is the degree of international recognition of sanctions imposed on an offending State.
Given the dearth of sources in this relatively neglected area, Professor de Hoogh's contribution is destined to be recognized as one the premiere treatments of appropriate responses to the State responsibility of rogue regimes.
J. Paust, et al., INTERNATIONAL CRIMINAL LAW CASES AND MATERIALS(Carolina, 1996: 0-89089-894-4) [1438]--
Professor Paust and his colleagues have produced the seminal work in the field of criminal law with cross-border implications. It is often hypothesized that there is no "international criminal law," in the sense of national compliance with an integrated multilateral treaty system. There is a significant culture in need of scholarly attention, however, especially International Law teachers or specialists wishing to offer a course on crimes affecting more than one sovereign. Now, there is a major work available that conveniently provides all one would likely wish to cover in one text--a veritable researcher's dream, which conveniently avoids having to assign or locate the relevant documents.
The authors begin with the necessary background details involving sources, national/international law integration, and the various forms of State and individual responsibility. Useful and provocative themes are presented--such as the mechanisms for international cooperative law enforcement, obtaining persons from abroad, and international offenses/defenses. The readings are presented in a lively and effervescent fashion (one of the features that should ameliorate teacher or student concerns about the size of this textbook).
This law school textbook will most amply meet any teacher's need to offer a course, or courses, in a fascinating arena that effectively blends the essentials of both "national" and "international" criminal law.
The author, who is the Director of the Secretariat of the World Bank Administrative Tribunal (among other prominent positions held), has published a number of works on International Law.
This one will undoubtedly be considered one of the more respected works in the somewhat neglected domain of analyses of the institutional facets of modern international organizations (IO).
The book opens with a succinct description of the history of IO's. One who is desperately seeking analytical detail regarding the familiar concept of ultra vires in the relatively unexplored context of I.O. need look no further. He covers the related themes of legal personality, constitutional amendment, liability to third parties, employment relations, immunity in host State courts, and the dissolution/succession of IOs. The author nicely dovetails both analytical constructs and day-to-day organizational practice of various IOs. His twenty-page bibliography caps this authoritative treatment of the law of international organization.
R. Frid, THE RELATIONS BETWEEN THE EC AND INTERNATIONAL ORGANIZATIONS(Kluwer, 1995: 90-411-0155-1) [426]--
The swift evolution of the EC, and its related integration into global structures, dictate the need to consider the relation between the EC and other I0s. The author thus conceptualizes and deciphers the EC's affiliation with various IOs. As the work of the EC expands, so does its ability to act within the context of simultaneously operating institutions.
Neither EC law, nor the general law of IO, have fully examined the salient features of such relationships--a gap which this book nicely fills. The author therefore examines the EC, in terms of its external relations powers--focusing on the UN's Food and Agriculture Organization, International Labour Organization, and various regional IOs.
While traditional analyses have focused on the State, in its quintessential role as the primary actor in International Law, this work is a welcomed addition to this general domain --because of its exploration of the legal twilight zone spawned by the inter-relations of modern IOs such as the EC.
B. Conforti, THE LAW AND PRACTICE OF THE UNITED NATIONS(Kluwer, 1996: 90-411-0233-7) [310]--
This book is the English version of Professor Conforti's fifth Italian edition of his textbook about the operation of the United Nations. It analyzes a variety of legalproblems about the institution's organs, and the nature of the practices evolving from the inner workings of those organs. Given the absence of another authoritative treatment of the UN, since Louis Sohn's 1967 Cases on United Nations Law, this is a quite welcomed addition to the English literature--and an ample opportunity to revive the teaching of the UN from a single textbook.
One objective thus provides a history of the evolution of the UN, as we now know it, but by way of the actual practice of its respective organs. The UN Charter is the other major focus, and how radical change is not imminent unless the UN takes a very different shape than intended by the nations upon whose will the UN depends for any effective functioning.
The chapters thus begin with an Introduction, followed by chapters on membership in the UN, a description of its organs, the functioning of those organs, and the "Acts" or work product of the UN.
G. Gill, THE LEAGUE OF NATIONS FROM 1929 to 1946(Avery, 1996: 0-89529-637-3) [paper: 191]--
This is the second in a related series--the first volume (from 1919 to 1929) being reviewed in an earlier edition of this Newsletter. Given the dearth of modern materials which chronicle the development and demise of the LON, this work conveniently encapsulates its work--with an effervescent text that carries a number of useful photographs of the major events of the era.
This publication, and its companion first volume, would be a very useful "reader" for teachers who wish to bring such institutions to life, by providing a veritable researcher's dream in terms of significant photos. Too many of the basic texts in International Law fail to bring such visual alacrity to the materials that we assign our students to read or research.
The day-to-day dependence on various legal regimes, for handling commercial and financial disputes involving at least one private party, has spawned the need for guidance in recognizing when and where to institute judicial and arbitral proceedings. This publication succinctly and authoritatively presents the essentials for drafting and interpreting forum selection clauses in a variety of contexts. It examines the various legal instruments which transnational practitioners should consult for selecting the appropriate arrangements to resolve problems with private international transactions.
The author illustrates how apparently smooth relationships can deteriorate, the important features of drafting appropriate to the needs of the parties, and how to invoke a strategy that assures proper balance between the needs for predictability and protection. The author includes a chapter suggesting changes in the US framework, which would facilitate smoother jurisprudential relations, the likelihood of contractual enforceability, and the achievement of mutual expectations.
L. Teitz, TRANSNATIONAL LITIGATION(Michie, 1996: 1-55834-345-8) [577]--
The academic community has been focusing on the previously interstitial abyss between International Law and Civil Procedure/Evidence for less than a decade. Practitioners have long been in need of a text/reader offering practical insights into the day-to-day practice. The authors have herein met the challenge in both arenas. This book thus provides an organizational schematic for the teacher, lawyer, or researcher seeking the details and underpinnings for the transnational practice of law. The chapters thus cover the basic features of the varied phases of civil litigation: jurisdiction, venue, service of process, discovery, use of foreign law in US courts, and tips on handling multiple proceedings and the enforcement of judgments in various countries.
It contains useful charts, forms, and resource materials in the latter half of the book (Appendixes A through T). One therein encounters the various rules, legislation, and formats needed to successfully conduct cross-border litigation. It is well-documented throughout, including useful bibliographies at the end of each chapter and Tables of Cases and Authorities.
This reader contributes a significant spark to the literature on contemporary problems with the sources of friction in International Relations. It presents a collection of essays by governmental policy-makers, NGO officials, and scholars about conflict management and resolution after the demise of the Cold War.
Its organizational scheme intelligently covers a diverse array of important topics, including the following: Part I--Sources of Conflict in a Changing World (collapsed or failing States, ethnopolitical frictions, religious militancy, migration, trade investment issues); Part II--Statecraft, Intervention, and International Order (intervention, use of force, peacekeeping, humanitarian NGOs, the media); Part III--Approaches to Conflict Management (preventative diplomacy, role of the NGOs, mediation, international negotiation); Part IV--New Challenges and Dilemmas (orphaned peace settlements, regional peacekeeping, rebuilding war-torn societies).
The effervescent writing style, and attention to detail, combine to provide a course text or supplemental reader for virtually any course in International Relations of International Law (in the latter instance, especially for those professors who recognize the importance of a interdisciplinary approach to understanding IL). One of the best features of this book is its interspersed presentation of actual Case Studies, offered in a way that adds spice to a print treatment of a very dynamic arena.
J. Kish, INTERNATIONAL LAW AND ESPIONAGE(Martinus Nijhoff, 1995: 90-411-0030-X) [162]--
As Editor of this Newsletter, I occasionally vacillate about just where to place a book on a subject that is either somewhat esoteric or just doe not fit into any of the usual categories. While I have chosen International Relations, the premise of this book is neither esoteric nor obscure. Espionage is an activity that shares the characteristics of being vital to international relations, seemingly unregulated by International Law, and of increasing importance in the aftermath of its supposed heyday during the Cold War.
This publication examines four common arenas in most courses and dialogues on International Law: human rights, diplomacy, territorial sovereignty, and armed conflict. The author notes that there is no recognized regime for controlling a universal activity which is central to both deterrence and the preservation of peace. It is well-written and documented, while offering an unusual blend of scholarly discourse with a strong sense of in-the-field practicality.
Most nations of the world are now parties to trade liberalization in goods, services, intellectual property, to name a few. This collection contains eighteen topics, each addressing a significant facet of the work of the new WTO. Lawyers may thus turn to this succinct restatement of essential principles, written by lawyers for lawyers from private practice and government agencies.
The various chapters therefore assess how disputes may arise, how clients interests are impacted by the agreement's particulars, and what matters remain the most controversial. This publication is an essential resource, then, for both an overview of the entire WTO process and specific features at its core, including the following: market access, agriculture, sanitary measures, antidumping, subsidies, safeguards, TRIMs, IP, § 301's vitality, differential treatment for developing nations, and the Uruguay Round's potential impact on trade law in the US.
This collection shares the essentials of a dozen experts in the general field of extraterritorial jurisdiction--resulting from a 1993 university symposium. Each contributor provides a lively treatment of some specific problem: antitrust, taxation, orders regarding bank deposits, bank mergers/acquisitions, drug trafficking abroad, environmental law, securities, and the like.
This is not another academic treatise on the traditional features of controls on exports or antitrust. It is both an informal, yet far-reaching legal expose on the consequences of national attempts to assert extraterritorial jurisdiction and regulatory control over an increasing range of activity. There are frequent signs of spontaneous reactions, reaching far beyond the sometimes turgid pomposity of academic treatises. Both academia and practitioners in these areas would be wise to consult this succinct but authoritative treatment of problems arising from national controls over incidents occurring abroad.
This doubled-in-size edition of Professor Goodwin-Gill's work has contributed to its probable status as the premiere work in this facet of international human rights law. With the recent developments in Bosnia, Rwanda, and a host of other arenas, no international course can bypass an examination of the impact of this ubiquitous problem.
This edition addresses matters of relatively fresh concern, including refugees who are "internally" displaced, the "preventative protection" of refugees, and novel efforts to address the host of problems spawned by the insensitivities of our time--arguably including the "refoulment" decision of the 1993 U.S. Supreme Court regarding the Haitian boat people. The book carefully covers the work of the UN High Commissioner for Human Rights in this area, as well as regional efforts to deal with related issues.
The research is exhaustive, and the text splendidly supported. The half-dozen annexes present the key multilateral instruments, followed by a twenty-page bibliography of resources.
H. Lambert, SEEKING ASYLUM: COMPARATIVE LAW AND PRACTICE IN
SELECTED EUROPEAN COUNTRIES(Martinus Nijhoff, 1995: 0-7923-3152-4) [220]--
While there are some twenty million refugees in search of a more hospitable
environment,
only a small percentage achieve this goal via successfully seeking asylum in Western Europe. This
analysis explores the reasons, the legal climate, and the prospects for increased attention to the
plight of displaced persecuted persons--a problem with ancient roots and modern branches.
The author has collated a useful gateway for accessing various European approaches
to the
body of refugee law--consisting of national, regional, and international treaties and norms.
Immigration is an essential focus, in that national law is often the final arbiter or salient feature
needed to define the contours of an individual's right to asylum.
The organization begins with defining the term "refugee," admission
procedures, and rights of appeal. This analysis also contains the specific rules of evidence and the
de facto versus legal nature of many claims to asylum. The author's comparative study focuses on
the laws of Belgium, France, Germany, Sweden, Switzerland, and the UK, as they relate to the
relevant regional instruments.
Judge Bedjaouni's treatment of the legality of the work of the Security Council (SC) ranks among the few major writings to provide provocative, succinct, and authoritative treatment of a subject that all purport to know something about--while few have so directly contributed to our understanding of this key institution. He provides the reader with a well-documented analysis of the international version of the US Supreme Court's Marbury v. Madison, involving judicial review of legislative action (regarding ambassadors). This book comprehensively assesses the prospects for "balance of power" issues, such as ICJ review of UNSC activities.
There are other issues that the author addresses in this fascinating account of SC power: Whether the Council possesses an unlimited power to act (assuming concurrence of the "Perm 5" on the particular issue)? To what extent does the Council decide the parameters of its power? Can the ICJ, or another UN branch, control SC activity? Whether the constitutionality of SC acts is essentially a political matter, rather than "legal" in the traditional experience of many national legal systems?
As this book is not one that merely raises important issues, and then leaves the final analysis to the reader, anyone interested in developing a basic appreciation of balance of power within the UN legal system will necessarily characterize this work as "must" reading.
At the outset of this decade, the term "Bosnian Muslim" would mean relatively little outside of the former Yugoslavia. The Bosnian conflict of course changed that obscurity. This work contributes a detailed account of their history and role in the continuing conflict. Filled with maps and tables, Bosnian Muslimsillustrates a tragic instance of the ethnic conflict that has embroiled this part of the world in wartime conflagration, ethnic cleansing, and international efforts to prevent yet another global conflict.
The book examines the social and political evolution of this group, focusing on its mixed secular and religious characteristics as they have shaped the overall conflict in Bosnia. The author thus presents much more than just a conventional approach to the study of an indigenous people. He chronicles their search for an identity, both ethnically. This is, after all, a political unit that might enjoy State status if allowed to enjoy the normal incidents of self-determination and related rights arising under International Law.
L. Khan, THE EXTINCTION OF NATION-STATES: A WORLD WITHOUT BORDERS(Kluwer, 1996: 90-411-0198-5) [245]--
Sovereignty is breaking down, in the sense of larger state entities splintering into smaller units. Whereas Grotius wrote of the evolving notion of statehood in the Seventeenth Century, this work addresses the contemporary paradigm shift. The accelerating interdependence among the peoples of the world has arguably rendered the existing status of statehood somewhat dysfunctional. The attributes and weakening of State structure are illustrated by evolving entities such as the European Union.
In lieu of the State as it now functions, the author perceives a "free state" wherein people, goods, capital, and the like, would move about--unfettered by the current strictures of state borders. As Grotius foresaw States as instruments of law, rather than centerpieces of national interests, this writer contemplates a similar goal: no single superpower (or small group) should rule the world.
R. Mushkat, ONE COUNTRY, TWO INTERNATIONAL LEGAL PERSONALITIES: THE CASE OF HONG KONG(962-209-427-9) [paper: 220]--
From an international perspective, the transition of Hong Kong from British to Chinese rule presents a rather complex exercise in social, political, legal, and economic maneuvering. The author focuses attention on the issues that are central to a rather vast and unheralded process which poses a significant challenge to international relations. One may thus acquire a sound basis in the intricacies of Hong Kong's international legal status, legal obligations, and human rights expectations.
Given the extreme interest in the July 1997 transition, one would be enriched by reading this restatement of essentials describing either the end--or beginning--of a new twist on international legal personality. Doctor Mushkat's examination of the all-too-often misunderstood concept of "unequal treaties" provides a significant intellectual spark for an area of our courses which has previously been understated.
This work conveniently collects all of the major instruments on the subject of terrorism in a single text. There are also extracts from UK judicial opinions and relevant treaty documents, in addition to all of the familiar instruments (and some which should be a part of the day-to-day lexicon in this particular arena).
The organization is well-conceived. The Parts of this publication present the texts of major instruments as follows: Part I--Material Relevant to Terrorism Generally (including multilateral, UN, European, and OAU agreements and resolutions); Part II--Hijacking and Related Attacks on Civil Aviation; Part III--Maritime Terrorism; Part IV--Hostage Taking; Part V--Terrorist Acts Against Internationally Protected Persons, Including Diplomatic Agents; Part VI--State Sponsored Terrorism; Part VII--Extradition of Terrorists. Thus, any library, international teacher, or practitioner in this field has available--at one's finger tips--a one-volume compendium of the major instruments in the field of terrorism.
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