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C. Clapham, AFRICA AND THE INTERNATIONAL SYSTEM: THE POLITICS OF STATE
SURVIVAL (Cambridge, 1996: 0-521-57207-X) [340]--
The decolonization movement of the 60s launched
African independence--but under circumstances when the resulting States
counted among the poorest and arguably the most artificial of Statelike
entities in the international system. This publication chronicles
the political and economic mismanagement that followed, threatening their
very existence. The supporting international instruments were appropriated
by a number of African rulers for private gain. The author thus presents
a very revealing snapshot of the encounter between African and Western,
Westphalian notions of Statehood.
Part I addresses specific African States and
the impact of global politics; Part II--emerging patterns of alliance in
both the post-colonial and contemporary periods; Part III--Struggling with
Decay. The causal factors, including the Soviet economic and strategic
withdrawal, are succinctly presented in this useful primer for assessing
the components of the regional phenomenon now depicted as "failed" States.
C. Heyns (ed.), HUMAN RIGHTS LAW IN AFRICA 1996 (Kluwer, 1996: 90-411-0287-6)
[421]--
This compilation provides, between two covers,
the fundamental national human rights laws of each African nation.
It begins with a convenient two-page chart which lists ratifications of
the various UN human rights treaties, followed by the full text of the
African Charter on Human and Peoples' Rights. The bulk of the book
(Part III) then presents the country-by-country human rights provisions
in the constitutions of all African States (translated from French, or
other native language, to English).
That is not all. The editor has effectively assembled the relevant clauses indicating the status of the constitutional provisions spawning such rights, the essential political character of the respective States, degree of judicial independence, relation between the Stater and religion, and any stated principles regarding suspension/termination of such rights. While the editor has not undertaken an analysis of application or interpretation, he has quite admirably assembled the key provisions on which decision-makers must rely for the "rule of law" on the African Continent-- and thus, a virtual snapshot of the region's positive law of human rights.
D. Campbell (ed.), INTERNATIONAL CIVIL PROCEDURES (Lloyd's, 1995: 1-85044-
863-9) [836]--
This remarkable text is produced by the Center
for International Legal Studies in Salzburg, Austria. Lawyers may
thus seek reliable guidance regarding jurisdiction, service of process,
obtaining evidence, and enforcing awards--in the following countries/organizations
(by chapter): Austria, Canada, Denmark, England, Finland, France, Germany,
Greece, India, Ireland, Italy, Mexico, Spain, Sweden, Switzerland, USA,
and the institutions of the European Union.
The excellent coverage, by lawyer contributors
from each of the referenced jurisdictions, thus places a critical mass
of procedural information at one's fingertips--including contact information
for further details. The Tables of Cases and the Table of Legislation,
Codes and Conventions facilitate ready access via tabular compilations
of the book's quite practical content. Each chapter is chock full
of citations to the sources of the various local laws, enabling both practitioners
and researchers ready access to a somewhat covert concentration of legal
expertise.
K. Kermeus (ed.), GENERAL REPORTS: XIV INTERNATIONAL CONGRESS OF COMPARATIVE
LAW (Kluwer, 1996: 904-110-250-7) [991]--
This volume publishes the work product of
the 1994 International Academy of Comparative Law presentations at the
Hellenic Institute of International and Foreign Law in Athens, Greece.
Thirty-four topics are contained in this collection, ranging from the comparative
laws of contract, tort, civil procedure, commerical law, criminal law,
public international law, financial transactions, intellectual property,
environment, and the application of technology in the legal field--a mixture
of English and French-language articles.
Anyone undertaking comparative analysis will
find authoritative, polished, and readable presentations on the quintessential
themes in comparative law contained within this useful compilation.
Corporations
UNCTAD, WORLD INVESTMENT REPORT 1995: TRANSNATIONAL CORPORATIONS AND
COMPETITIVENESS (UN, 1995: 92-1-104450-2) [paper: 440]--
The UN Conference on Trade and Development
is an international focal point for information on foreign direct investment
and transnational corporations. This UNCTAD project is the annual
compilation of comprehensive analyses of the interaction between transnational
corporate activities and national economic performance.
The major features of this annual issue are
(1) how transnational corporations link with domestic firms to impact national
economic performance in the emerging system of international production;
and (2) the role that transnational corporations play in influencing the
national access of certain countries to global resources and markets, and
how these corporations thereby facilitate domestic economic restructuring.
Coursebooks
A. D'Amato, INTERNATIONAL LAW COURSEBOOK [hardbound: 360] & INTERNATIONAL
LAW ANTHOLOGY [paper: 425] (Anderson, 1994: 0-87084-420-2)--
Professor D'Amato has combined a textbook
and its companion compilation of articles by major writers in the field
of International Law, to produce an integrated approach to teaching IL
at the law school level. The text contains quotes from the relevant
documents. Thus, there is no need for a documentary supplement.
The Coursebook and Anthology are integrated, in that the former contains
primary materials including cases and treaties. The latter contains
excerpts from articles and like resources, which are assigned at various
points in the basic text.
The author's essential objective is to avoid
the lengthy casebook treatment which overwhelms students, opting instead
for an abbreviated version of International Law--to serve as a starting
off point for further study.
G. von Glahn, LAW AMONG NATIONS: AN INTRODUCTION TO PUBLIC INTERNATIONAL
LAW (7th ed. Allyn and Bacon, 1996: 0-205-18994-6) [734]--
Professor von Glahn's book is the eldest of
existing undergraduate international law textbooks on the active market--now
in its Seventh Edition. The major changes from the prior edition
include coverage of the disintegration of the Soviet Union, international
criminal law, law of the sea, UN peacekeeping forces, and recent events
in the Middle East. (The standard chapter on neutrality has been
eliminated.)
This edition retains the essentials in twenty-six
distinct chapters. Part I--Law of Nations; Part II--Subjects of International
Law; Part III--Individual; Part IV--Territorial Questions; Part V-- International
Transaction (diplomacy, treaties, dispute settlement, and coercion); Part
VI--Armed Conflict.
R. Wallace, INTERNATIONAL HUMAN RIGHTS: TEXT & MATERIALS (Street
& Maxwell, 1997: 0-421-54210-1) [paper: 785]--
The organization and content of Professor
Wallace's new publication is superb. She divides its chapters by
focusing on the concrete components of contemporary human rights initiatives
for protecting particularly vulnerable groups: Chapter 1--Right to Development;
2--Women; 3-- Minorities; 4--Indigenous People; 5--Children; 6--Persons
with Disabilities; 7--Refugees; 8-- Migrant Workers; 9--Protection of Civilians
During Hostilities; and 10--Prisoners.
The overall picture of this terrain is quite
focused: ranging from the opening discussion of global instruments such
as the Universal Declaration of Human Rights--and its continuing vitality
as a modern benchmark for achieving the objectives of various global, regional,
and national programs. Her final chapter (11) analyzes the impact
of the 1993 World Conference on Human Rights in Vienna.
Teachers should carefully examine this significant
contribution to the academic literature for human rights courses.
N. Kofele-Kale, INTERNATIONAL LAW OF RESPONSIBILITY FOR ECONOMIC CRIMES:
HOLDING HEADS OF STATE AND OTHER HIGH RANKING OFFICIALS INDIVIDUALLY LIABLE
FOR ACTS OF FRAUDULENT ENRICHMENT (Kluwer, 1995: 0-7923-3358-6) [372]--
This is a unique contribution. It is
a book-length treatment of the international criminal responsibility of
heads of States and other high ranking leaders. It focuses on internal
acts in developing nations, whereby authorities in a position of power
use it to unjustly enrich themselves at a great cost to the local populace.
While the literature tends to address the spoliation of natural resources
by transnational corporations, this work covers the legal regime applicable
to the temporary custodians who abuse their power as national leaders.
Neither national law nor the traditional system of States has successfully
punished those who have so enriched themselves, and even fled elsewhere,
only to enjoy their ill-gotten riches in the absence of an effective international
legal regime for recovering such fraudulently obtained gains.
The author thus argues that "indigenous spoliation"
constitutes a violation of International Law, while supporting this
theory by articulating a well-conceived paradigm that identifies and convincingly
addresses this form of "international crime." The expanded attention
to this phenomenon, wrought by recent disclosures regarding Holocaust-related
money in Swiss banks, the many cases against Ferdinand Marcos in U.S. courts,
and like attempts to recover the money so generated by former national
leaders strongly suggests that this book is destined to end up in every
library with any significant international content.
R. Bland, THE BLACK ROBE AND THE BALD EAGLE: THE SUPREME COURT AND THE
FOREIGN POLICY OF THE UNITED STATES 1789-1953 (Austin & Winfield, 1996:
1-880921-06-5) [paper: 336]--
This book presents an extraordinary overview
of the formulation of foreign policy and the evolution of the President's
ability to engage the U.S. in limited wars abroad, as well as providing
leadership in other foreign affairs. It analyzes the impact of the
U.S. Supreme Court's involvement in foreign affairs, in the distinct periods
shaping balance of power issues involving the President's constitutional
powers.
The author integrates case studies with socio-political
factors, illustrating how decisional law does not evolve in a vacuum.
The result presents a utilitarian focus on constitutional adaptation of
the Court's perspective on its mission in foreign affairs. The reader
may thus trace the impact of various crises and popular movements on judicial
decision-making, from the outset of the early periods when balance of power
issues began to emerge. This book could also serve as a major text
for an undergraduate Constitutional Law course, or as a supplemental reader.
W. Schabas, THE ABOLITION OF THE DEATH PENALTY IN INTERNATIONAL LAW
(2nd ed. Cambridge, 1997: 0-521-58887-1) [paper: 403]--
Having a copy of Professor Schabas' earlier
and rather unique contribution to the literature in my personal library,
it is a pleasure to note the arrival of his Second Edition. This
work has been revised, essentially, to analyze interim developments, including
progress of the international community away from capital punishment.
The author illustrates the impact of this phenomenon in humanitarian law,
European human rights law, and Inter-American developments.
The first of two major segments of this study
is the chaptered analysis of the various international instruments--the
Universal Declaration, International Covenant on Civil and Political Rights
(i.e., Second Protocol specifically outlawing the death penalty), followed
by chapters on global and regional perspectives. The second portion
of the text is a convenient compilation of the provisions of various international
instruments--either explicitly, or implicitly, condemning this practice.
This publication is the primary source for
any serious study of the death penalty in International Law.
F. de Varennes, LANGUAGE, MINORITIES AND HUMAN RIGHTS (Martinus Nijhoff,
1996: 90-411-0206-X) [532]--
This study is authoritative, yet succinct--and
an ideal discourse, but very direct. The author herein provides in-depth
coverage of the interplay between language and minority rights in the human
rights setting.
After a brief introduction, the first
major analysis summarizes the historical evolution of discordance between
language and the law. The emergence of the nation-State cultivated
legal restrictions on the language of minorities. The author then
analyzes these restrictions as they relate to freedom of expression and
the prohibitions on lingual discrimination. Given the recent U.S.
Supreme Court case involving Arizona's prohibition on Spanish in public
work places, one cannot help but appreciate the scope of the author's discussions
of State language preferences on language, education, and citizenship.
The second half of this book conveniently
collects the relevant bilateral and multilateral treaties, as well as the
declarations of the UN, regional bodies, NGOs, and other non- governmental
entities on the linguistic rights of minorities. Thus, the user may
conveniently consult one source, for the most complete coverage of this
subject available between two covers.
P. Kempees, A SYSTEMATIC GUIDE TO THE CASE-LAW OF THE EUROPEAN COURT
OF HUMAN RIGHTS 1960-1994 (Martinus Nijhoff, 1996: 0-7923-3281-4) [two
volumes]--
This two-volume work will surely become the
quintessential guide for unraveling the ECHR's rich history, dating from
1960 to the present. The publisher promises that it will be updated--the
first supplementary volume scheduled to appear in Spring of 1997--and followed
thereafter by annual supplements. This comprehensive and very practical
guide provides the ideal reference tool for the work of the Court, now
that more States are ratifying the related Convention which the Court interprets
in its day-to-day operations.
Volume One contains the case law interpretations
of Articles 1 through 10.2--and Volume Two, Articles 11 through 65 plus
those in the various Protocols to the Convention. An end of volume
appendix lists the Court's judgments in alphabetical order; another in
chronological order.
The Convention and Protocols are conveniently set forth in the front
matter of the first volume.
The most remarkable feature of this
publication is its article-by-article chronology, referring to the relevant
cases that have interpreted each article in the adjacent margin.
The overall array of thoughtfully presented resources thus facilitates
access to the rapidly expanding work product of this premiere international
judicial institution.
D. Armstrong, L. Lloyd & J. Redmond, FROM VERSAILLES TO MAASTRICHT:
INTERNATIONAL ORGANISATION IN THE TWENTIETH CENTURY (St. Martin's Press,
1996: 0-312-16117-4) [paper: 321]--
This is an excellent contribution to the publisher's
Making of the Twentieth Century series-- and a useful rewrite of David
Armstrong's The Rise of the International Organisation: A Short History
(Macmillan, 1982), retaining only the chapters on the League of Nations.
The book is timely, because of the increased
attention to international organization at the close of the Twentieth Century.
It explores the rise and role of organizations during the century which
spawned two World Wars, and numerous conflicts--even after (or partially
because of) the demise of the Cold War. The politics of their creation,
juxtaposed with the jealous guardianship of national sovereignty, and the
resulting influence on their continued vitality are neatly integrated into
this succinct but authoritative nutshell on international organization.
This work is recommended as a reader for law
school courses including--and undergraduate core courses concentrating
on--international organization.
M. Bertrand & D. Warner (ed.), A NEW CHARTER FOR A WORLDWIDE
ORGANISA- TION? (Kluwer, 1997: 90-411-0286-8) [paper: 288]--
Some two dozen commentators presented their
respective views on UN reform at a conference in Geneva in 1995, the year
of the fiftieth anniversary of the establishment of the UN. This
publication collates their work product, so that others may access a rather
significant contribution to the growing core of "reform" literature.
They examine various features of the so-called "Bertrand" proposal, designed
to generate a renewed approach to international organization, and specifically
oriented toward a refreshed UN.
Its essential construct is that altered forms
of threats to peace, economic security, and global development have changed
the way in which the international community must respond, if there is
to be an effective worldwide organization to rejuvenate (or replace) the
UN. The draft charter would, for example, eschew current approaches
to maintaining peace--in favor of a host of tangibles including the "institutionalization
of regular summit meetings between representatives of the main large countries
and the many diverse regions of the world (p. 45)." Others include
a Global Security Council, worldwide parliament, and direct integration
of the World Bank and similar economic institutions for promoting development
and investment.
M. Martinez, NATIONAL SOVEREIGNTY AND INTERNATIONAL ORGANIZA- TIONS
(Kluwer, 1996: 90-411-0200-0) [353]--
The author has herein made a distinct contribution
to the literature about the jealous guardianship of national sovereignty,
as it relates to international organization. She attentively compiles
the essentials regarding the complex notion of transfer of sovereignty
from States to international organizations. This volume is a recommended
addition to any collection with an international focus, and especially
those with a significant dedication to international organization.
There are three phases in this treatment of
the subject: Part One: the "initial phase" on the domestic foundation for
such transfers in various regions of the world, including the Africa, Eastern
Europe, and the US; Part Two: the actual "transfer phase" about the impact
of transfer within the organization--focusing on case studies of the UN
and the European Union; and the "post-transfer phase," which examines the
diverse national responses to the transfer of sovereignty.
N. White, THE LAW OF INTERNATIONAL ORGANISATIONS (Manchester Univ.
Press, 1996: 0-7190-4340-9) [paper: 285]--
Professor White's publication will be of interest
to those seeking a precise but authoritative treatment of international
organization for the classroom--and as an organizational nutshell, which
may serve as the basis for reliable guidance when embarking upon further
research.
The author describes not only the essentials
of the major international organizations, but also the fundamentals of
world and regional governance during the described decline in sovereign
equality. He further undertakes a sometimes slighted component: the
merits of the distinctive universal, regional, and functional approaches
to international organization. If one were to generalize, one could
quite favorably characterize his focus as concentrating on the functional
elements of security, human rights, and the environment.
J. Chuah, STATUTES AND CONVENTIONS ON PRIVATE INTERNATIONAL LAW(Cavendish,
1996: 1-85941-034-0) [paper: 327]--
This compendium of English law provides a
convenient source for ascertaining which international instruments, or
portions thereof, apply in England. It will thus be useful for the
practitioner who seeks guidance on many matters involving conflict of laws
as applied in England, as well as anyone in need of a guidebook on relevant
English practice.
It contains a collection of the local statutes
and international conventions as they apply to England. All are alphabetically
arranged, as set forth in the front matter table of contents. It
thus begins with the Administration of Justice Act's provisions regarding
enforcement of judgments in the UK, and ends with the Wills Act provisions
regarding the Convention on International Wills.
L. Felding, MARITIME INTERCEPTION AND U.N. SANCTIONS (Austin & Fielding,
1997: 1-57292-006-8) [paper: 368]--
This primer replenishes the stock of law of
the sea materials with its legal analysis of the embargo, maritime interception,
and blockade in International Law. These variant forms of international
relations are defined and applied in the historical context (e.g., Korean
War, Cuban Missile Crisis) as well as in the contemporary practical context
(Persian Gulf War, Former Yugoslavia, and Haiti).
He begins by providing the scholarly background,
including Nineteenth and early Twentieth Century international instruments,
which have served as models for modern strategies. These include
the State practice of establishing maritime zones in hostile settings,
as well as actions taken in the name of the UN Charter's self-defense provision.
Professor Felding vividly evaluates the legality of the interception and
economic sanctions regimes in the various contemporary environments spawning
the many issues about future expectations. The author recommends
a greater role for these related devices, as a means of implementing Security
Council oversight in the post-Cold War era.
J. Duursma, FRAGMENTATION AND THE INTERNATIONAL RELATIONS OF micro-STATES:
SELF-DETERMINATION AND STATEHOOD (Cambridge, 1996: 0- 521-56360-7) [461]--
This is the second of the rich offerings in
the Cambridge Studies in International and Comparative Law. As most
contemporary armed conflicts are a product of people driven by their notions
of self-determination, an exhaustive study like this one is a welcomed
addition to the literature examining the legal issues involving the so-called
"micro-States:" Liechtenstein, San Marino, Monaco, Andorra, and the Vatican.
But this publication is much more: it evaluates
the underlying questions like "What is a "people?" "What entities should
be able to secede?" How does International Law properly define the
term "State?" She focuses on the European micro-States, endeavoring
to illustrate the infrastructure of the legal regime applicable to the
contemporary breakdown of sovereignty since the demise of the Cold War.
R. Lapidoth, AUTONOMY: FLEXIBLE SOLUTIONS TO ETHNIC CONFLICTS (Inst.
of Peace, 1996: 1-878379-62-3) [paper: 298]--
As separatist demands rage in more and
more countries throughout the globe, one might overlook the author's essential
premise: that disputes between central governments and their typically
distant minority populations need not escalate into bloodshed or secession.
Autonomy may thus be perceived as an institution sufficiently flexible
to simultaneously incorporate the basic drives of both national governments
and indigenous minorities.
The structure of this book consists of a dozen
case studies of the author's description of autonomy in action. Both
failures and successes are noted, in her successful quest to identify the
factors which must be incorporated into any peaceful resolution of "ethnic
conflict." This work would be "must" reading for any political analysis
of the following arenas: Aland Islands, Soviet Union, Eastern Europe, South
Tyrol/Alto Adige, Faroe Islands, West Berlin, Puerto Rico, Greenland, and
the Palestinian conflict.
Treaties
M. Gomma, SUSPENSION OR TERMINATION OF TREATIES ON GROUNDS OF BREACH
(Martinus Nijhoff, 1996: 90-411-0226-4) [201]--
This publication is a novel contribution to
literature on treaty law, because of its narrow but authoritative and all-encompassing
treatment. There is a vast body of positive law "on the books;" however,
many suspension/termination issues remain unresolved: When and which breaches
authorize such remedies? Is this "right" self-executing, or available
only as a result of a claim successfully presented to a third-party dispute
resolution body? The Vienna Convention on the Law of Treaties answers
some of these questions--but not all, nor as authoritatively as necessary
for smooth international relations under the modern treaty regime.
The author thus identifies the prominent ambiguities.
He begins by addressing the essential concepts of "breach" in its varied
forms, then analyzing the range of consequences broadly referred to as
the consequences of suspension and termination. He incorporates the
practical features of any serious study of this problem: the practice of
States and the decisions of international tribunals.
M. Kaniel, THE EXCLUSIVE TREATY-MAKING POWER OF THE EUROPEAN COMMUNITY
UP TO THE PERIOD OF THE SINGLE EUROPEAN ACT (Kluwer, 1996: 90-411-0240-X)
[220]--
The process of European integration, commencing
with the establishment of the European Union and evolving via the 1992
Maastricht Treaty, has not yet answered important questions about the exclusive
jurisdiction of the Community to conclude treaties. The E.C. possesses
distinct international personality, of course. However, not all features
of its potential jurisdiction to conclude treaties have been unveiled by
the texts of relevant treaties or judgments of the ECJ. Put another
way, to what extent does the E.C. have the exclusive jurisdiction, apart
from its member nations, to act in areas where they might still retain
expectations of national competence to conclude treaties?
Commercial, agricultural, and environmental
policy--as well as the ability to enter into relations with other associations
or non-member States are not open to question. But when does the
E.C. effectively "occupy the field," as it commonly arises in pre-emption
litigation involving the supremacy of national law over state law in federated
political systems? The arrival of this publication does not fill
that legal void--but it does serve as an intelligent springboard for any
decision-maker, seeking a succinct treatment that is equally authoritative
and well-supported.
UN, UNITED NATIONS CONFERENCE ON THE LAW OF TREATIES BETWEEN STATES
AND INTERNATIONAL ORGANIZATIONS OR BETWEEN INTERNATIONAL ORGANIZATIONS
(UN, 1995: 092-1-133464-0) [two paper volumes, totaling about 300 pages]--
In 1995, the UN published the Official Records
of the draft articles of the treaty on treaties between States and I.O.s
and between I.O.s. Volume I contains the summary of records of the
plenary meetings, and the meetings of the working committee as a whole.
Volume II contains the documents of the Vienna Conference, which convened
in 1986. Researchers, national decision- makers, and practitioners
may now conveniently access these materials via this compilation of documents.
United Nations
A. Bennett, HISTORICAL DICTIONARY OF THE UNITED NATIONS (Scarecrow Press,
1995) [244]--
This useful booklet contains three compilations
and four appendixes which make it a good candidate for any library hosting
an international law or international organizations collection. There
is a chronology of key events, and pictures of the Secretaries-General
(through Ghali), before the main "Dictionary" portion. The bulk of
the book therein provides an alphabetized collection of major events in
UN history--125 pages, literally from "A" to "Z." The following bibliography
is a 36-page compendium of official publications, reference works, books
and articles by subject area, etc. The book then continues with five
appendixes: the UN Charter; Universal Declaration of Human Rights; a very
useful listing of UN member States (including date of membership and respective
financial assessments); Presidents of the General Assembly; and Secretaries-General.
H. McCoubrey & N. White, THE BLUE HELMETS: LEGAL REGULATION OF UNITED
NATIONS MILITARY OPERATIONS (Dartmouth, 1996: 1-85521-626-4) [218]--
There have been an increasing number of allegations
of misconduct by UN forces, since the demise of the Cold War and the ensuing
increase in the number of UN peacekeeping (and peace- making) missions.
This book helps fill a void in the literature regarding the conduct of
military operations by the UN.
Some of the analytical problems covered in
this effective treatment of the subject include the degree of consent required
by the host nation for various operations, the functions and categories
of internal operations of these forces, organizational problems with the
in-the-field application of broad UN mandates, the laws of war traditionally
thought of in their application to States, and military discipline.
The authors conclude that the time has come
for a fresh UN military code of conduct. They conclude with a model
for regulation, which refreshingly adds to a body of literature which has
generally neglected such specifics.