(ASIL) American Society of International Law

Readers' Corner


Introduction - This segment of the Newsletter provides members with information about books and other published items of interest to the UNDIG. For those of you who have not yet attended the Annual Meeting, the meeting site contains a veritable gold mine of recent publications - of interest to academicians, legal advisors, judges, and practitioners. You can purchase the on-site copy at a significant discount (if you are the first to reserve that particular title in person).

Format - The book titles in this edition of Readers' Corner are bolded. The [ ] symbol and number within it indicate the number of pages in the book. Publisher Information including addresses are parenthetically indicated in each book title - and more fully at the end of this segment of the Newsletter for reader convenience. Price is not included, due to price fluctuations and varying rates of exchange.

The Editor thanks those individuals and organizations who provided copies of these books - particularly Martinus Nijhoff, Oxford University Press, the American Bar Association, and various UN agencies for their generous support. You are hereby encouraged to advise the Editor about any book (or other document) which you believe may be of interest to our Group. Information can then be obtained about such items for review in the next issue of our Newsletter.

The format for this special edition of Readers' Corner lies somewhere between a bibliographic statement and the encyclopedic book review format employed in many American law school reviews. It is my hope that readers will thus find this format more useful than either of these alternatives. Please keep this comment in mind when responding to the Readers' Questionnaire at the end of this edition of the Newsletter.

Content - The reader can quickly survey the general content of this edition of the Readers' Corner by referring to the topical organization set forth immediately below. The chosen books thus present contemporary issues that should be of interest to UNDIG (UN Decade Interest Group) members. These publications provide insight into the substantial volume of diverse issues confronting the international community during the UN Decade. A number of works were selected due to the possibility that their foreign origin (i.e., author & publisher) might escape the attention of our members or otherwise preclude from access to this rich vein of useful literature. The Editor has thus attempted to provide an advance snapshot of the Annual Meeting hotel foyer, particularly for those UNDIG members unable to attend.

Readers' Corner topics in this special issue are as follows:

Air & Space Law Dispute Settlement Peacekeeping Operations Arbitration Environment Security Council

Air & Space Law

Masson-Zwaan & de Leon (ed.), AIR AND SPACE LAW: DE LEGE FERENDA (Martinus Nijhoff: 1992) [305] -

This compendium of timely articles is a commemorative publication in honor of Henri Wassenbergh of the International Institute of Air and Space Law at the University of Leiden. Some two dozen experts from different corners of the globe contributed to this scholarly assessment of contemporary problems in international air and space law. The editors organized their varied contributions into five general categories: Part I -Public Air Law; Part II - Criminal Air Law; Part III - Private Air Law; Part IV - EEC Air Law; and Part V - Space Law.

This book presents a diverse assessment of contemporary problems and suggests innovations including the effect of State succession on liability under the Warsaw Convention, the so-called Fast Track to a modern law of air transport policy in the European Community, the liability of airlines for injuries caused by terrorism, and the role of satellites in maintaining peace.

This collection offers a well-written fusion of doctrinal elements and concrete examples which brings this material to life in a very readable fashion. Practitioners, judges and academicians will find this an enlightening addition to this critical blend of domestic and international practice.

Arbitration

Toope, MIXED INTERNATIONAL ARBITRATION (Grotius: 1990) [404] -

Doctor Toope's analysis is a thorough book-length treatment of the process of arbitration between States and private persons. It is a welcome and long overdue addition to the literature on this form of international dispute resolution. It covers the specifics about how such tribunals are created, the role of the parties and the adjudicator, how judgment is rendered, and the sources of law applied to the dispute.

Part One (of the book's two major divisions) is entitled "Central Problems." The themes covered include what law governs, the "delocalization" of the substantive and procedural facets of this particular dispute mechanism, recognition and enforcement of arbitral awards, and viable remedies. The author also addresses specialized problems including choice of law in the context of State contracts, the operation of the New York Convention, domestic public policy as a basis for recognition refused, sovereign immunity and Act of State problems with enforcement.

Part Two is entitled "The Principle Examples of Institutional Mixed Arbitration." This part of the book supplements the earlier theory with actual case studies from various tribunals including the International Chamber of Commerce, the World Bank Centre for the Settlement of Investment Disputes, and the Iran-United States Claims Tribunal. This material emphasizes jurisdiction, enforcement, under-utilization, day-to-day operations, and the contribution of these tribunals to both theory and practice.

This book will be (and most certainly is) useful for international practitioners and instructors alike. It closes with an interesting reality check: a chapter on "Cautions and Prescriptions." It is a fitting ending to a work that is a rather unique blend of what is and what should be in this significant aspect of international dispute resolution between the individual and the State.

Boundary Delimitations

Wilkinson, ARABIA'S FRONTIERS: THE STORY OF BRITAIN'S BOUNDARY DRAWING IN THE DESERT (I.B. Tauris: 1991) [422] -

The author demonstrates why none of the nations on the Arabian Peninsula (seven) could legal defend the territory it occupies against the claim of a neighbor or a third party. Great Britain used force as the method for enforcing its imposed delimitations - not only on land but also on adjacent islands. There are twelve international boundaries in the affected region which have spawned disagreement and violence due to continuing claims which have not been set to rest since the British occupation began and ended.

The author offers two basic reasons for this dilemma: (1) the various boundaries in the region have never complied with the essential requirements for recognition under International Law; and (2) local concepts of territorial organization were never considered in ordering Arabia's regional boundaries. The presence of rich oil reserves have contributed to the problems of squaring occupancy with legitimacy. Britain's withdrawal in the 1960s only worsened what stability had been established in previous decades of occupation.

Another adverse factor is that International Law is suited for creating and resolving territorial concepts associated with Statehood, without realistically incorporating local concepts of regional demarcation involving wide expanses of sparsely populated territory. Mobility of peoples has not contributed to the tightly drawn paradigms of modern International Law which focus on Statehood rather than peoples.

This is a fascinating analysis of the arguments by various participants which have generated friction since the turn of the century, exacerbated by Britain's departure from the area in the 1960s. It will particularly useful for those whose work or research depends on the concept of "effective occupation" for clearing or claiming title.

Charney & Alexander, >INTERNATIONAL MARITIME BOUNDARIES (Martinus Nijhoff & ASIL: 1993) [2138/two volumes] -

The ASIL procured grants from Foundations including Ford and Mellon, and from multinational corporations including Exxon, Amoco, and Mobil for this major project sponsored by the ASIL. Two dozen experts in the field of international maritime law and law of the sea collaborated to write and compile all of the necessary details to present what is surely the seminal work on the world's maritime boundaries.

Volume I is divided into Part A. Global Analyses, Part B. Regional Analyses, and Part C. Maritime Boundary Reports and Documents. Volume II continues with the presentation of Part C.'s maritime boundaries in all of the remaining regions of the world.

After a very useful introduction, Volume I opens with a series of scholarly analyses (Part A.) on virtually every conceivable parameter of maritime delimitation - including political and strategic considerations, economic and environmental concerns, and a number of technical themes which cut across all facets of the law of the sea. This portion of the publication is then followed by a number of scholarly analyses on related regional matters (in Part B.), including the boundary regime in different parts of the globe. The fold-out chart that instantly displays the current state of maritime boundaries in the affected region is a striking feature that appears throughout this work.

Part C. is a very comprehensive and well-written "technical manual" that vividly presents a very large bloc of information in an accessible manner. The same very useful charts are provided in juxtaposition with the key documents and essentials on all of the boundaries on the ocean's surfaces. For example, the Canada-Denmark entry/chapter opens with a summary of the current intergovernmental agreement on Greenland. The concise summary is followed by various political, strategic, historical, economic, and environmental considerations which impact the particular national relationship in that vicinity. This detail is then supplemented with further details regarding islands, rocks, reefs, baseline, and other relevant information on the particular regime. This section (just one of hundreds) closes with a chart showing the precise boundary delimitation between Canada and Greenland and the verbatim latitude/longitude international agreement for one who needs the most exacting detail.

This is a unique and unparalleled description of the world's international maritime boundaries, containing both precision and bottomless substance - a must for international decision-makers and researchers seeking accurate details regarding the world's maritime delimitations.

Business

Magraw & Katherin (ed.), THE CONVENTION FOR THE INTERNATIONAL SALE OF GOODS: A HANDBOOK OF BASIC MATERIALS (2nd ed. ABA: 1990) [246] -

The 1980 Convention for the International Sale of Goods (CISG) entered into force for the US (1988) and some twenty-five other nations, with the likelihood that this number will significantly increase by the end of the UN Decade.

While the editors describe it as essentially a "desk book," its utility is understated by that term. Scholars, practitioners, and judges will find this assembly of the essentials useful for a variety of purposes. The editors have provided a succinct and useful introduction to the CISG, describing the basics of its practical application. The second chapter then highlights the principle provisions of the CISG. Chapters Four and Five provide the official English text of the CISG and a list of parties. Other chapters include UNCITRAL commentary on the CISG and some details regarding opting out of the CISG.

Contracts teachers who include the UCC in their classroom discussions can no longer ignore its impact - due to the variations from domestic practice under the UCC and this other facet of contracts practice applicable when contracting with foreign parties.

Further detail is available via a helpful bibliography. This handbook concludes with the full text of the other UN official-language versions of the convention for ease of comparison (Arabic, Chinese, French, Russian, and Spanish).

Careers/Teaching

Janis, >CAREERS IN INTERNATIONAL LAW (ABA: 1993) [229] -

This is an "entirely fresh edition" of a similar work published a decade earlier. It consists of sixteen essays on the prospects of launching a career in International Law. The editor has arranged these essays (individually-authored chapters) into two major subheadings: Part I - Careers in the >Private Sector, and Part II - Careers in the Public Sector. The eleven entries in Part One cover the waterfront of possibilities including: corporate practice, arbitration/litigation, admiralty practice, and practice in England and Canada. The five entrees in Part Two focus on the US Department of State, claims litigation, environmental law, and academics. These essays present refreshing and innovative approaches to career searching, as well as thought-provoking commentary by those who have cultivated the fields of which they write.

Four very useful appendixes suggest additional avenues for the individual who wishes to develop a career path and opportunities along the way. It should come as no surprise that Appendix A discusses the advantages of membership in the ABA's International Section. Appendix B is a useful listing of international organizations (and thus potential employers) in the Washington, D.C. area. Appendix C lists similarly situated non-governmental organizations. Appendix D contains the ABA-approved foreign summer programs including courses offered, tuition, and other essential information for the student reader.

Gamble, TEACHING INTERNATIONAL LAW IN THE 1990s (ASIL: 1992) [187] -

This is the widely-heralded comprehensive survey of the teaching of International Law in the United States and Canada. The last such survey was undertaken by the ASIL some twenty-five years previously, in a generation that seems light years away from the current stage of development. It is the fourth major study of the subject (the first being conducted in 1912). This survey was sponsored by the ASIL and funded by the Ford Foundation. The project was described in detail in the Inugural Issue of this Newsletter (Gamble, ASIL Survey of Academic International Law: December 1992).

The root of this survey was the questionnaire - not just one, but many which were devised to elicit responses from professors, deans, department heads, and students. These surveys were sent to the law schools and political science departments of the universities offering International Law or some closely-related course. Professor Gamble's goal was to identify "what is," rather than what should or might be. Armed with these particulars, attempts to fund additional faculty positions, to prod the development of new courses, and to obtain grants may thus be premised on articulable facts and statistics.

This book's critical mass is graphically depicted in its forty-nine Tables and seventeen Figures. The chapter organization is arranged by grouping responses drawn from on the particular surveyed group. Chapter II contains the law school responses; Chapter III - Departments of Political Science; Chapter IV - ASIL members residing outside of Canada and the US; and Chapter V - students. The core of this enlightening publication is broad enough to defy description in the succinct book review format employed in this Newsletter Readers' Corner.

Thus, the Editor strongly encourages all ASIL members with the slightest interest in the teaching of International Law (including practitioners who wish to influence what is taught to their future associates and law clerks) to obtain a copy of this rich but inexpensive survey.

Comparative Law

Varga (ed.), >COMPARATIVE LEGAL CULTURES (NYU Press: 1992) [614] -

This book is part of the New York University Press Reference Collection. The Collection consists of three areas - Schools (of legal thought), Areas (of substance, including International Law), and Legal Cultures (comparative works). The overall series editor is Tom Campbell of the Australian National University. The editor of this particular work is Csaba Varga of the Hungarian Academy of Sciences.

The individually-authored "chapters" were previously published elsewhere. The value of this book is derived from the editor's compilation of comparative legal systems articles, published in diverse journals and books from different nations (mostly USA). The reader may thus access and compare key legal differences from the individual cultures within the community of nations. This is a valuable tool for any comparative law researcher or one who seeks diverse perspectives from the heterogeneous legal systems within the international community.

The six organizational divisions are as follows: (1) Western Legal Culture: Roots and Alternatives; (2) Common Law and Civil Law: Encounters; (3) Variations for Cultures of Law (including Africa, China, Korea, Japan, Islam); (4) Comparative Legal Methods (including Roman, Jewish Law, English, French, Russian, Japanese, Islamic fundamentals); (5) Legal Cultures in Co-existence and Conflict; (6) Degeneration of Legal Cultures (Soviet Union, Germany under Socialism, Brazil's bypass of a formal legal system).

Zweigert & Kotz, AN INTRODUCTION TO COMPARATIVE LAW (Oxford: 2nd ed. 1992) [752] -

This may ultimately be the major competitor for Schlesinger's classroom text (from Foundation Press). It has been translated from German into English and Japanese. It thus enjoys a rather diverse audience, primarily students of comparative law.

This text opens with the usual matters of history, conception, and method. The major portion of the book contains materials on the varied legal systems of the world: Roman, Germanic, Anglo-American, Nordic, Socialist, and others including the Islamic and Hindu systems. Each of the chapters in this section of the textbook begins with a useful bibliography suitable for further research about the particular legal system at hand. There are no footnotes. Supporting details are provided directly in the text, a feature which some may find somewhat distracting from an otherwise highly readable text.

The chapters then summarize the high water marks of each system. Each is richly adorned with sufficient detail to enlighten without drawing the reader into an academic abyss.

Part II of this textbook shifts to a thematic approach to comparative law. The major divisions are contract (formation and performance), unjust enrichment, and tort. Thus, the student first learns about systemic differences in Part I of the book, followed by comparative approaches to the referenced themes in Part II.

Prior reviews (on the back cover) attest to the authority and soundness of the earlier English translation.

Compulsory Jurisdiction

Szafarz, >THE COMPULSORY JURISDICTION OF THE INTERNATIONAL COURT OF JUSTICE (Martinus Nijhoff: 1993) [189] -

This books synthesizes the ICJ's contentious jurisdiction (not its advisory jurisdiction). It does not provide a great deal of new information. It does provide a convenient restatement of compulsory jurisdiction problems between two covers, and in a convenient and readable format.

The initial 100 pages analyze the host of issues presented by the deceptively simple term "compulsory jurisdiction." The analysis includes discussions of the various bases for accepting such jurisdiction, the Court's relevant doctrinal pronouncements, and the application of the so-called Optional Clause.

The second part of the book contains a very useful feature - an annex reprinting many of the verbatim acceptances of the Court's compulsory jurisdiction through 1990. Other annexes list the names (only) of PCIJ and ICJ contentious cases through 1991.

Democracy

Dunn (ed.), >DEMOCRACY: THE UNFINISHED JOURNEY 508 BC to AD 1993 (Oxford Univ. Press: 1992) [290] -

The Greek city-State of Athens established democracy as an answer to its political problems some 2,500 years ago. That institution has obviously withstood the test of time as the preferred vehicle for ordering political authority. There have been numerous frontal assaults, however, by those bent on exalting themselves by force rather than consensus.

This book is thus a chronicle of the quest for democracy throughout much of recorded history. It would be an excellent political science reader or useful reading for students of law, government, or diplomacy in need of a detailed analysis of this institution. It consists of a dozen individually-authored essays by journalists, political scientists, and government specialists. The chapters address a variety of instances where democracy has been tested including the experience in early Greece, and later during the American, French, and Bolshevik Revolutions.

The editor's comprehensive and provocative conclusion summarizes underlying standards and expectations about the content of the institution of democracy, from the perspective that its ultimate success has been comparatively recent. Also, there remains much to be accomplished if this institution is to remain the centerpiece of future political order. The rhetorical theme is that this may be a journey without end to an unknown destination.

Dictionaries/Bibliog.

Grabar (Butler translation), THE HISTORY OF INTERNATIONAL LAW IN RUSSIA, 1647-1917: A BIO-BIBLIOGRAPHICAL STUDY (Oxford Univ. Press: 1990) [760] -

Both the political science and the international law faculties will find an unusual treatment of International Law in this rather unique book originally published in the Russian language in 1958. It chronicles three centuries of Russian literature in virtually all aspects of International Law using a combined bibliographical and biographical perspective. There is a continuing mixture of commentary and biographical statements about key events, otherwise available only in rare and unaccessible books located in the former Soviet Union.

The author thus traces the bulk of historical Russian literature on the subject, by depicting the individual actors of the particular era. This publication is unusual also due to the dearth of "Russian" International Law materials (in English) prior to the Nineteenth Century. It includes the public statements of diplomats and public officers as well as public acts, to provide an historical window on past State practice.

The book is divided into five parts, each covering a century or half-century. The largest of these (Part 5) is "The Second Half of the Nineteenth and the Beginning of the Twentieth Century." Some readers will pleased to know that much of this work is thus drawn from materials available in more recent times.

There is a fair amount of laborious detail in this work, such as descriptions of the Chair of International Law at various universities and accompanying backgrounds. The value for many would be the restatement of the accomplishments of these individuals. A window on the past often provides insight into the present.

Lindbergh, >INTERNATIONAL LAW DICTIONARY: ENGLISH FRENCH GERMAN (Blackstone Press: 1992) [439] -

One might wonder: why a review of a dictionary in a Newsletter on the UN Decade of International Law? My reason was that I have needed to do some translations in relation to my work in preparing the Readers' Corner, and I have thus relied on this book in more than one instance. A more objective explanation is that trade barriers are being lifted via the EC process. A book of English/French/German legal terms will be useful for those who deal in contractual or treaty matters involving these native tongues. Lawyers and others involved with international commerce may find some additional proficiency in these languages through the availability of such dictionaries.

The book contains basic legal terminology associated with banking, insurance, and taxation, etc. Access is facilitated by its division into three parts so that the user can initiate a word search in any of the languages. The counterpart in the other two languages is listed across the page on the same line in a column format.

One remarkable feature is the inclusion of variations of the key words, thereby lessening the need for exhaustive cross-referencing. For example, the bolded English word "Evidence" is matched with the corresponding French and German words for that term. In addition, there are twelve types of evidence - with the foreign language counterpart for each also listed under the term "Evidence." Thus, one can quickly translate the terms admissible evidence, burden of evidence, circumstantial evidence, and so on.

Krieger (ed.), THE OXFORD COMPANION TO POLITICS OF THE WORLD (Oxford Univ. Press: 1993) [1056] -

Now that the two-bloc system of international relations has passed with the demise of the Cold War, many other conflicts are beginning to either spring into existence or to occupy international attention in a previously unheralded fashion. This exhaustive reference book is designed to bolster one's comprehension of nations, conflicts, movements, and institutions that dominate contemporary affairs. Five-hundred authors from forty countries participated in the development of this reference guide, edited by a team of political scientists.

The typical page or half-page article succinctly summarizes the significant places, events, and institutions on the global political landscape. It includes brief essays on ethnicity, nationalist movements, environmental matters, and much more than there is space here to describe. Per the publisher's advertizement, former Secretary General Perez de Cuellar has endorsed it as "a remarkably timely and comprehensive resource for making sense of contemporary affairs from a genuinely international perspective."

Diplomacy

Anderson, >THE RISE OF MODERN DIPLOMACY: 1450-1919 (Longman: 1993) [320] - This book will be useful for those interest group members seeking background detail about the structure and practice of modern diplomacy. Such historical discussions of diplomacy have received scant attention in the literature of international relations. This survey charts the early regulation of interstate relations, balance of power paradigms, and development of the concept that international organizations should control the use of force.

Why "1450-1919"? Modern diplomatic paradigms emerged from the mid-fifteenth century practice of the Italian city-states. 1919 was the year of the Paris Peace Conference, inspiring the realization that diplomatic mechanisms in search of peace were moving beyond the European-dominated culture of diplomacy. The author thus summarizes five centuries of state contributions to the interim processes - of interest to a broad audience which would include medieval historians and advanced students of international diplomacy.

Cohen, NEGOTIATING ACROSS CULTURES: COMMUNICATION OBSTACLES IN INTERNATIONAL DIPLOMACY (US Inst. of Peace Press: 1991) [193] - Professor Cohen provides a fascinating snapshot of the cultural differences which have unfortunately played an adverse role in international negotiations. The Foreward (by former US Ambassador Lewis) opens with the illustrative example of President Kennedy's response to the erection of the Berlin Wall: "Ich bin ein Berliner." Kennedy's statement was designed to show solidarity with the people of Berlin. That phrase translates as follows: "I am a jelly-filled doughnut."

This book examines the ways in which cultural factors have entered into U.S. relations with Japan, China, Egypt, India, and Mexico. A number of specific events are analyzed from this refreshing perspective, including negotiations with the Chinese in the 1970s and the Egypt/Israel 1978 Camp David Accords.

Cohen demonstrates two very different modes of negotiation: "low context" - the mostly verbal and explicit form, attributed to individualistic societies such as the US; and "high context" - the nonverbal and implicit form, typical of interdependent societies. The author provides useful insight about the objective of improved intercultural negotiations: such as when to infer no, when to infer yes, and when to infer something very different from what was said.

Dispute Settlement

Merrills, >INTERNATIONAL DISPUTE SETTLEMENT (2d ed. Grotius: 1991) [288] - This is the revised version of Professor Merrills' first edition, published in 1984 by Street & Maxwell. This edition updates interim developments (Rainbow Warrior incident, use of ICJ chambers, etc.), as further developing important sections contained in the prior edition (e.g., justiciability, arbitration).

The central theme of this publication is the review of various mechanisms available to nation-states to peacefully settle disputes. The first four chapters address the diplomatic methods including negotiation, mediation, inquiry, and conciliation. The next three chapters cover the more "legalistic" methods for settling disputes - arbitration and judicial resolution through the ICJ. The eighth chapter then covers the modes involving the interplay of the diplomatic and judicial modes - through the Law of the Sea Convention process. The ninth chapter addresses the political institutions for dispute settlement. The author traces modes available in the United Nations and various regional organizations. The final chapter assesses trends and prospects for future dispute models.

The Appendix contains some of the prominent results - a consultation agreement (Argentina & England), A Commission of Inquiry Report (Red Crusader incident), a continental shelf conciliation, and various other resolution agreements.

Students and teachers of International Law should find this summary to be a useful review of the field of dispute resolution devices containing many illustrative examples.

HANDBOOK ON THE PEACEFUL SETTLEMENTS OF DISPUTES BETWEEN STATES (UN: 1992) [229] -

In 1984, two UN General Assembly resolutions requested that the UN Secretary-General (SG) prepare a handbook on peaceful dispute settlement. This is the response. One express purpose is to assist States without "long-established and experienced legal departments."

Its scope is primarily limited to interstate disputes beyond the domestic jurisdiction of any State, although it does contain recommendations regarding disputes between States and subjects of International Law which may also be parties to an international dispute. This UN handbook is descriptive in nature (based essentially on existing Charter obligations) and is not intended to be an instrument with legal effect, particularly because it does not purport to represent the view of any State or States.

Part I of this handbook presents the familiar principles of peaceful dispute settlement. Part II (roughly the first half of the book) outlines, in quite readable fashion, the various means of settlement under the Charter. While there are no new revelations here, this part of the book is an excellent restatement of the resolution process envisaged under the Charter - for example, detailed summaries of "good offices," "mediation," and "conciliation."

There is extensive documentary support found in the footnotes. For example, when the text refers to the ICJ determination that a violation of international law may have no practical remedy, the reader is referred to a specific ICJ case that makes this point (Corfu Channel>), as well as a cross-reference to another portion of the book where further detail is available.

Parts III and IV address procedures that are attainable under the Charter and other international instruments such as International Atomic Energy Agency, GATT, World Bank, IMF, the International Centre for Settlement of Investment Disputes, and the International Civil Aviation Organization.

Environment

Raftopoulos, >THE BARCELONA CONVENTION AND PROTOCOLS: THE MEDITERRANEAN ACTION PLAN REGIME (Simmons & Hill: 1993) [382] -

This book analyzes the key provisions of the Mediterranean Action Program (MAP), now in existence for two decades. This is the regional framework for addressing marine pollution in the Mediterranean Sea which is bordered by nineteen nations. It is an almost enclosed sea, subject to varied types of pollution with long-range adverse effects.

The essential treaty for controlling this problem is the 1976 Barcelona Convention for the Protection of the Mediterranean Sea Against Pollution (and its four subsequent Protocols). This particular pollution regime links rather disparate State parties via a secretariat provided by the UN Environment Program.

The book evaluates the MAP for serving and promoting common regional interests. This may be the definitive work for guidance on regional responses to international pollution problems. There are of course systemic problems due to the diverse nature of the nations that border the "Med." In other words, there is a need for further integration between the development and environmental laws. The author analyzes the norms arising under the Barcelona Convention and the problems with the operation of institutional authority to achieve what are sometimes competing objectives. Part One (of Two) contains an elaborate introduction of the essentials (about one-fourth of the book). It then sets forth the Convention and its Protocols, as well as information regarding party signatures, ratifications, etc. Part Two contains other documents relating to the MAP, including Terms of Reference, pollution phase standards, administration of the regional Trust Fund, apportionment of contributions, and model agreements such as check lists for pilot projects and methods for dealing with both routine and emergency situations.

Cassells, THE UNCERTAIN PROMISE OF LAW (Univ. Toronto Press: 1993) [364]- Bhopal was probably the worst single-incident industrial accident in history (its only competitor being the Chernobyl nuclear incident). This book summarizes its history, the legal fallout, and what Bhopal actually means in a global environmental context.

If not the largest accident, Bhopal generated the largest law suit in history. This litigation may be described as a related tragedy, when viewed from the perspective of effective justice and compensation for negligence caused by a multinational corporation. The suit began in the home nation of the multinational and ended up seven years later finally at the situs of the accident. The author's basic thesis is that the absence of legal reform will result in more Bhopals.

Eleven chapters survey the anatomy of the disaster, including the political economy of industrial and environmental hazards. Several chapters are devoted to the migration of the legal aspects of the disaster, the settlement, and the victims. The author poignantly presents the lessons from Bhopal, the need for compensation reform, and its impact at both the local and international levels. This book is the "how, why, and so what" of the modern law (or lack thereof) of responsibility for mass environmental disasters.

Human Rights

Tomasevski, >DEVELOPMENT AID AND HUMAN RIGHTS REVISITED> (Pinter Pub. or St. Martin's Press: 1993) [223] -

The author's main premise is that the international donor community traditionally failed to include human rights in its agenda. Although this changed ostensibly, current rhetoric and past practice are not as divergent as it appears.

The book is divided into four main topics: Part I - Rhetoric and Reality (the conditional nature of human rights); Part II - whether there is in fact a global policy which links aid and human rights (including donor policies of the EC, US, Netherlands, Norway, and Canada); Part III - the details of this controversial practice (linking aid, human rights, and exacting political concessions); Part IV - the need to divorce the relationship between aid and human rights from State practices which pursue other unrelated objectives.

When this linkage (aid and human rights) was introduced two decades ago, donor nations tendered their expectations in punitive terms. Aid was thus suspended or revoked unless recipient nations appeared to respond. The author maintains that the contemporary donor practice is to use human rights as a pretext for obtaining thematically unrelated concessions. Further, such aid is not necessarily given to nations that have improved their record.

This text is useful reading for those who wish to more fully explore the use of aid as a weapon in political strategy. This merger of aid and political artifice is characterized as an unacceptable practice that should be assailed by both development and human rights organizations.

Schechterman & Slann (ed.), THE ETHNIC DIMENSION IN INTERNATIONAL RELATIONS (Praeger: 1993) [185] -

This book explores the details of nationalism, ethnic perspectives on international relations, and whether the New World Order will displace centuries of hatred. It is an assembly of eleven individually-authored chapters, most keyed to a particular area of the world. The authors provide the depth of knowledge necessary to effectively present the pervasive theme of ethno-nationalism.

The Introduction notes that the demise of the Cold War likely contributed to both internal and international ethnic rivalries, including conflicts in the former Soviet sphere that merely simmered during the period of totalitarian control. American leadership, by default, cannot bring an end to similar problems at the many flashpoints that have emerged with such ferocity in the recent past.

The remaining chapters cover related problems and hypotheses about ethnic conflicts in the Miskito nation (Central American isthmus in the Caribbean), Tibet, Palestine, Azerbajan, South Africa, the Baltic Republics, the Kurds (Turkey/Iran/Kurdistan), Eritrean area, and other indigenous peoples. This is an excellent resource for more detailed study of the roots of "ethnic cleansing" and atrocities associated with sovereign control.

Freedman, GENOCIDE: A PEOPLE'S WILL TO LIVE (Hein: 1992) [210] -

This book is not unique. It is nevertheless a good reader for one who desires additional detail regarding the World War II Holocaust in Nazi Germany. It provides historical perspectives, definitional materials, and an analysis of international recognition of the crime of genocide.

The author assesses the role of the judiciary, specifically at Nurenberg, and the argued need for a World Genocide Tribunal. One might argue that a broader tribunal - seized with cases involving all war crimes - has recently been proposed and may thus be a preferable remedy. The counter is that if "genocide" would provide a narrower mandate than "war crimes," then the author may be correct in his assertion that such a tribunal is long overdue. In either event, there is no international penal tribunal for either - a scenario that generates the question of just how committed nations are to the eradication of these atrocities.

The materials on the 1986 US ratification of the Genocide Convention is useful for those seeking additional research materials in this field. The bibliographical materials are especially pertinent. While this work does not present a necessarily fresh perspective, it does "read" with a degree of emotion that is often lacking in legal analyses of genocidal regimes.

Hathaway, THE LAW OF REFUGEE STATUS (Butterworths: 1991) [252] -

The primary international documents are the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol. The common characteristics of refugees are that they are outside of their own country, existing under the belief that their civil or political status is at risk, while their government will not provide the protection that nationality is intended to confer. This definition is important due to its acceptance by a majority of national signatories to the only refugee convention of global dimensions.

Professor Hathaway's book explains the Convention and Protocol, how the legal regime of refugees has evolved, and what the Convention and Protocol do (and do not do). The book thus addresses a wide range of human rights problems that continue to prompt international and involuntary migration.

The bulk of the book authoritatively explains the five essential criteria for recognizing (and hopefully ameliorating) refugee status: alienage (Chap. 2); genuinely at risk (Chap. 3); risk of serious harm by a State of origin that is unwilling to afford protection (Chap. 4); civil or political status associated with race, religion, nationality, membership in a distinct social group or political opinion (Chap. 5); genuine need/legitimate claim to protection (Chap. 6).

The author's examination of the law of refugee status draws from three sources: the Convention's drafting history; the perspectives of other scholars in the field; and Canadian law - which in 1973 expressly incorporated the above Convention refugee definition into its domestic law. This particular feature thus provides a direct experiential background for the author's examination of refugee status as applied under both municipal and international law.

Sohn & Buergenthal, >THE MOVEMENT OF PERSONS ACROSS BORDERS (ASIL: 1992) [193] -

The editors present this daunting question: if governments are preoccupied with trade across international borders, why not establish a similarly elaborate set of rules, or at least pay more attention to the involuntary movement of people across national frontiers? For a variety of reasons, an estimated 17,000,000 individuals are adversely affected by the lack of a contemporary answer.

Professors Sohn and Buergenthal have thus provided some insight into a larger project that will follow. This ASIL monograph contains the essentials of international rules regarding the involuntary movement of people across borders. Unlike the more detailed scholarly work to come, is concededly intended for a broader audience in order to provide the basic rules in a relatively basic style. Thus, this book may contribute to the process of educating a broader audience as conceived under the UN Decade of International Law. Thirty-eight scholars met in France in 1990 to assemble the draft for this monograph in 1990.

The various rules may be categorized into four main subtopics: the rights and duties of States regarding these movements (Part I); rules relating to admission and exclusion (Part II); special problems including those existing in Latin America (Part III); and the role of international organizations (Part IV).

The book is a restatement of eighteen Governing Rules with various subparts - all drafted with a "constitutional" broadbrush rather than with legislative detail, to facilitate ease of comprehension. While certain details are intentionally omitted, the reader will nevertheless obtain a solid grounding in the fundamentals of refugee law. The authors have succinctly fulfilled their self-imposed mandate of making this hitherto relatively unaccessible field of law available for consumption by a diverse audience. They hope to initiate a similar trend in other areas of the law to assist in the achievement of the educational goals of the UN Decade.

Hannum & Fischer (ed.), >UNITED STATES RATIFICATION OF THE INTERNATIONAL COVENANTS ON HUMAN RIGHTS (Transnational & ASIL: 1993) [343] -

US ratification of the Covenant on Civil and Political Rights (1992) occurred twenty-six years after UN adoption of these Covenants, and more than a decade after submission to the Senate for its consideration (1979). The related UN treaty is the Covenant on Economic, Social, and Cultural Rights which is till pending before the US Senate. These two documents are the core of the UN's human rights documents.

The ASIL commissioned this book as a tool for assessing the impact of US. adoption of these treaties. The editors thus present a very comprehensive section-by-section analysis of both treaties (including the one which was adopted and the one which is pending). Each treaty provision is compared with the affected US law. For example, Article 7 of the Civil and Political Rights Covenant (CPR) is quoted at the outset of the particular subsection entitled "Article 7 - Torture, Cruel and Inhuman Treatment." A two to three page analysis follows on the related international instrument ratified by the US Senate in 1990 (1984 Convention Against Torture, etc.). Then, the Eighth Amendment of the US Constitution is discussed with supporting case and academic commentary. The editors provide essentials details including the need for implementing legislation in order to achieve formal ratification of the Torture Treaty. Thus, the reader may quickly determine the current status of any facet of the CPR treaty.

Part I of the book is The Political Framework on the forces that have operated first against, and now for, adoption of the first of the two treaties. Part II provides a brief but comprehensive description of The Applicable Law, including the usual doctrinal detail about the nature of a treaty, making a treaty, reservations, etc. One hundred of the books 343 pages address the specific meaning of the adopted Covenant on Civil and Political Rights while another hundred pages address the potential impact of the pending Economic, Social, and Cultural Rights Covenant on US law.

The final substantive Part (V) analyzes implementation issues arising from proposed reservations and declarations. Part VI concludes with an assessment of the US national interest in ratification and the domestic obstacles to further ratification of such matters. Both Covenants are reprinted in the appendixes.

Int'l Law Commission

THE WORK OF THE INTERNATIONAL LAW COMMISSION (4th ed. UN: 1988) (UN Pub. Sales No. E.88.V.1) [402] -

An international law collection would hardly be complete without a reference work on the affairs of the UN's International Law Commission (ILC). This book is a handy primer from the UN. The Fourth edition is rich in background detail and the basic work (through 1988) of the General Assembly's ILC. It also contains many references that facilitate further research efforts. This general introduction contains the ILC codification efforts since its inception in 1947.

Part I addresses the various codification projects of the ILC. This is a brief sketch of the historical antecedents of codification in international law.

Part II is essentially an account of the ILC as an international organization, its programs and procedures, and the ILC Statute which is the focus of its existence.

Part III summarizes the substantive themes undertaken by the ILC and results achieved at ensuing General Assembly-driven conferences to consider ILC draft conventions. These include the law of the sea, the law of treaties, most-favored nation status, and the draft Declaration on the Rights and Duties of States. The part of the book discusses the development and impact of these efforts, rather than providing the working text (see below).

The remaining two-thirds of this book contains numerous annexes which constitute the actual work product of the ILC. This is a convenient collection of all ILC draft conventions and principles between two covers.

Int'l Organization

Fooner, >INTERPOL: ISSUES IN WORLD CRIME AND INTERNATIONAL CRIMINAL JUSTICE (2nd ed. Plenum Press: 1989) [244] -

This is a private organization that is shrouded in mystery for most international specialists. INTERPOL is the acronym for International Criminal Police Organization. Unlike the television series "Man from Uncle," INTERPOL does not employ roving international agents. It came into existence in the 1920s in France, without benefit of an international agreement. The 150 member nations may draw upon its resources and use it as a communications network in the fight against international crime.

Although there is no mention of this in the book, INTERPOL has been sued in the US on at least four occasions - typically for defamation. The US Justice Department has entered these civil suits on the defense side to open up a default against the agency. Congressional hearings in the 1970s were rather critical. INTERPOL has been useful to the government, however, for combatting money laundering, terrorism, firearms trafficking, and even video piracy (per the warning on home video tapes referring to INTERPOL's concerns about the unlawful copying problem). The author urges that INTERPOL be considered the primary vehicle for multilateral control of international terrorism.

The early chapters address the existence and operation of INTERPOL in its member nations. The book then discusses the instruments used to accomplish its mission. The book concludes with informative appendixes including the basic documents on INTERPOL, legislative authority for US membership, INTERPOL's Constitution, and a list of affiliated countries.

Naldi, THE ORGANIZATION OF AFRICAN UNITY: AN ANALYSIS OF ITS ROLE (Mansell: 1989) [228] -

This book is a welcomed addition to the literature on international organizations. Its title aptly describes the content. In its thirty years of existence, the OAU has dealt with a variety of problems and crises in a comparatively unheralded manner. Now, there is an authoritative guidebook for OAU operations. The Table of Cases and Index provide convenient access to its contents.

The author presents a critical analysis of the organization in its legal setting. The opening chapter outlines the OAU in general. Chapters Two and Three address some of the organization's most contentious problems - the Western Sahara and Chad's civil war. The next two chapters examine the OAU's impact on the problem of African refugees and the application of the African Charter on Human Rights. The closing chapter covers the organization's economic affairs.

Another useful feature is the Appendices. They provide key extracts from the following important instruments: (1) the 1963 Charter of the OAU; (2) the Protocol on mediation and arbitration; (3) OAU Convention regarding African refugee problems; and (4) the 1981 African Charter on Human Rights.

Naldi, DOCUMENTS OF THE ORGANIZATION OF AFRICAN UNITY (Mansell: 1992) [246] -

This is the companion volume to Naldi's ANALYSIS OF ITS ROLE (above). Comprehensive coverage by this definitive work in the area is best attained via access to both of these volumes. The Editor has thus provided access to the details about the operations of the OAU - first through the above book's analytical approach and now with this supplemental text containing the relevant OAU documents.

This companion volume opens with the text of the 1963 OAU Charter, followed by other significant documents including the OAU Convention on Privileges and Immunities and the 1990 resolution on Arrears of Contribution. Part II of this documents book contains resolutions, cases, conventions, and like materials regarding territorial and security issues within the OAU. Part III presents the various conventions and resolutions on the environment, and Part IV - Human Rights. Part V contains the economic cooperation materials such as the treaty establishing the African Economic Community in 1991.

A list of State parties to the OAU is found at the end of the book, presented in a way which conveniently illustrates which States have ratified the various treaties contained in this book.

Stoetzer, THE ORGANIZATION OF AMERICAN STATES (2d ed. Praeger: 1993) [443] -

The author, a history professor and former staff member of the OAS, has done a comprehensive job of revising his 1965 study of the OAS.

Much has changed since the heightened tensions of the mid-sixties. New problems in the last portion of the Twentieth Century have replaced the somewhat myopic era during the so-called Alliance for Progress. The author reports on the significant changes to the OAS. Charter, including the 1967, 1970, and 1985 Protocols.

Regional relations have been altered by momentous events, including US intervention, the Panama Invasion, and other adversity. The author addresses the impact of such events that have occupied the focus of Inter-American relations in the last decade.

This is one of the few book-length treatises on a particular international organization. It is comprehensive, well-written, and informative. It thus covers the history of this oldest international organization of States, developments that have shaped its impact on member nations since WWII, and its apparent Twenty-First Century "balance sheet."

Int'l Relations

Stein, WHY NATIONS COOPERATE: CIRCUMSTANCE AND CHOICE IN INTERNATIONAL RELATIONS (Ithaca, NY: Cornell Univ Press, 1990) [219] -

The author opens this work with the following scenario: "peace has "broken out all over." There is an era of hope and the promise of full international cooperation - as witnesses shortly after the demise of the Cold War, Warsaw Pact, and the Berlin Wall. Then, the exuberance wanes, and the cycle of positive and negative international relations (IR) continues. The author herein addresses the "Why" of this phenomenon.

This is a good political science reader, illustrating the respective realist and liberal approaches to the how and why of IR theory. They have a shared core of assumptions, yet they arrive at contradictory conclusions which underscore the conflict-oriented versus the cooperational nature of IR.

The author presents what this reviewer would characterize as a political science version of Professor Henkin's Why Nations Behave (the latter emphasizing the positive results achieved by the Rule of Law and the UN Charter). This book cogently placates one's taste for materials on the theory of IR, with a convincing illustration of the author's essential construct - the pervasive interplay between political circumstance and national choice in the operation of day-to-day IR.

Adams, WORLDS APART: THE NORTH-SOUTH DIVIDE AND THE INTERNATIONAL SYSTEM (Zed Books: 1993) [261] -

The author traces the history of the so-called "North-South Divide." One who is interested in the work of UNCTAD (UN Conference on Trade and Development) will find this reader on economic and political events to be a useful tool for assessing the impact of IMF and World Bank policies, which the author characterizes as forcing the South into retreat.

The opening chapter covers the historical gap in development. Subsequent chapters analyze the post-WWII world economic order, the decolonization of the 60's, what can be learned from OPEC's rise to economic power in the 70's, and the counter-revolution of the 80's - resulting in debt buildup and balance-of-payment squeezes.

Chapter Seven illustrates how the South is handling the current retreat from comparative economic development and equality. For example, the world's environmental burdens seem to be "headed south." Transnational corporations, and domestic policies of some more dominant nations in the northern hemisphere have exacerbated this problem in the southern hemisphere. The question is how to revive the North-South dialogue for the benefit of the entire community of nations through foreign investment and other structural changes.

Now that the "East-West" dimension has ebbed with the demise of the Cold War, "North-South" problems need the attention they have quietly demanded during the same decades dominated by Cold War overtures.

Int'l Tribunals

Rayfuse & Lauterpacht (ed.), ICSID REPORTS (Grotius: 1993) [727] -

This is the first volume in the welcomed series of Reports of Cases Decided Under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. It is divided into three parts: Part I - Basic Texts; Part II - The Cases; Part III - Annexes (the first World Bank arbitration, a bibliography, and an Index). This is the first comprehensive reporter of ICSID decisions, which will provide immeasurable assistance to practitioners and arbitrators in need of the record of the work of the Tribunal.

This volume conveniently opens with the full text of the 1965 Convention for reader convenience. A preliminary section also includes critical reports from the International Bank for Reconstruction and Development, administrative and financial regulations, rules of procedure for the various phases of ICSID actions (arbitration, conciliation, etc.). Fees and model contract clauses are provided to enable the practitioner to draw contractual documents. There is also a list of Contracting States.

Part II contains the bulk of this first volume - the five major cases and their interim proceedings decided under ICSID procedures from 1974-1990 (these are five of the thirty-one awards/decisions rendered under this Convention). The text of the original decision (or its translation into English) is provided, with a minimum of editorial intervention at this stage. This allows the reader to directly rely on the given text as the original and unedited version. The language of the original opinion is indicated. There are also two Tables of Cases in the front of the volume. One is alphabetical and the other chronological. The latter is a Chronology of Disputes Before the Centre, 1972-1981. Access to the information contained in this volume is also facilitated by a comprehensive Index.

The editors introduce the cases with a summary at the outset. The salient points of law are thus available, both in the beginning of the volume and at the outset of each individual case. Another convenient feature is the occasional cross-reference to International Law Reports (from which some cases have been reprinted). The reader may thus draw from this resource to quickly ascertain the country of origin and the panel in each case.

The editors have done a remarkable job in assembling information from various heretofore published and unpublished sources to produce this handy collection of ICSID decisions in one convenient location.

Yarnold, INTERNATIONAL FUGITIVES: A NEW ROLE FOR THE INTERNATIONAL COURT OF JUSTICE (Praeger: 1991) [149] -

This book's timeliness is evinced by an event that occurred after publication: the US Supreme Court's decision in >Alvarez-Machain (Guadalahara doctor permissibly kidnapped from Mexico for trial in the US despite US/Mexico extradition treaty). The author of course discusses the familiar case of Adolf Eichman's kidnapping from Argentina, US "gunboat extradition" of Noriega from Panama, and other extralegal alternatives to extradition. Her essential theme is that the International Court of Justice is a convenient and underutilized forum for handling such matters (although Libya has yet to produce the Pan Am 103 suspects who were the subjects of the UN Security Council resolutions requiring extradition).

The author summarizes the problems with modern extradition agreements and provides a concise history of the pertinent development of the PCIJ and the ICJ. She then proposes the increased use of the ICJ as an alternative forum for adjudicating international crimes. A model forum, proposed substantive law, makeup of an international jury (as opposed to the judges of the Court), and penalty provisions are all provided in this small but comprehensive proposal.

International extradition practice is not functioning smoothly. There are increasing violations of territorial sovereignty due to illegal extradition practices posing threats to world peace. Rather than continuing the risk of eliminating extradition as we know it, the ICJ should determine extradition matters with international impact rather than the courts of the affected nations. Jurisdiction would be transferred from such courts to the ICJ for resolution. Whether this notion "takes hold" depends in large part on the willingness of the powerful nations to yield their sovereignty in such matters to an impartial tribunal in a distant land.

JUDGEMENTS OF THE UNITED NATIONS ADMINISTRATIVE TRIBUNAL: NUMBERS 301-370 of 1983-1986 (UN Sales No. E.91.X.1) [715] -

The UN Administrative Tribunal (UNAT) decides disputes between the UN and its employees. This institution, established in 1949, hears applications alleging nonobservance of contracts of employment of UN staff members and its various agencies. Three of seven members from different countries decide each case. This is the same tribunal that declared itself in opposition to the UN Secretariat's policy of dismissing employees at the request of the US Federal Bureau of Investigation in the McCarthy era.

This latest volume of judgments continues the tradition of official publication of the decisions of the UNAT. Access to its contents is facilitated by three conduits: (1) chronological Table of Contents by judgment number and participants; (2) summary at the outset of each case containing the issues in the case; and (3) a comprehensive subject heading Index.

The editors indicate the original language of the judgment, although all reports are provided in English. An appendix contains the main statutory provisions referred to in the judgments. This feature provides both counsel and the researcher with a useful snapshot of the body of international administrative law generated by this particular tribunal. This volume also carries the latest update to its periodic bibliography for obtaining greater detail about the work of the Tribunal.

Elias, THE UNITED NATIONS CHARTER AND THE WORLD COURT (Nigerian Inst. Adv. Legal Studies: 1989) [243] -

This study of the Court was done by the prominent scholar and former ICJ President T.O. Elias. It is a reader that covers the various facets of the Court's operations as well as an analysis of the general international setting in which the Court operates.

Chapter Two presents the "New Public International Law Under the Charter." Judge Elias therein refers to the distinction between the PCIJ -essentially characterized as being a broader-based European Court, and the ICJ - a truly international court due to UN Charter provisions which assured universality of membership and orientation.

Chapters Three through Five focus on the Court's development of international law within the UN framework, enhancement of the effectiveness of the principle of non-use of force, and the scope of Article 2.4 within the context of the Court's Nicaragua case.

Chapters Six through Nine deal with more finite issues including the use and impact of advisory opinions and the relationship between the Court and the international legal system.

Chapters Ten and Eleven address the Court's relation to the UN Administrative Tribunal and the Chamber System.

This reader would be useful for one who is not already schooled in the operation of the Court, as well as those researchers who desire the perspective of a former member of the Court.

Int'l Trade

Winham, >THE EVOLUTION OF INTERNATIONAL TRADE AGREEMENTS (Univ. Toronto Press: 1992) [155] -

As recently discernible from the NAFTA debate, free trade is good for the United States but it is always a "hard sell." Trade and regulation, of course, have often been inversely correlated throughout recorded history. Trade agreements are now becoming a permanent facet of international relations, particularly with the military emphasis of the Cold War no longer providing the defining criteria for international relations. Trade is becoming a more significant factor in maintaining global stability in an ever-shrinking globe.

This little book is a handy summary of the history of international trade, as well as the operation of the GATT and its various Rounds. The author traces historical underpinnings as well as the phenomena that shape contemporary trade matters. After focusing on the GATT and its Uruguay Round, the book then projects the likely international trade model of the 1990s.

Laws War/Use Force

Plant, >ENVIRONMENTAL PROTECTION AND THE LAW OF WAR (Belhaven: 1992) [284] Anyone impressed with the award-winning movie "Fires of Kuwait" will find this book of special interest. It focuses on environmental phenomena including the Gulf War's degradation imposed by Sadam Hussein during Iraq's 1991 Kuwait pullout.

The twelve individually-authored chapters present three organizational themes: The Issues (Part I); Proceedings of the June 1991 London Conference (Part II); and The Aftermath and Prospects for the Future (Part III). The ten appendices include relevant treaty texts, a definition of "Environment," text of various governmental proposals, and the Jordanian Draft Resolution.

The goal of the Conference which produced the papers reprinted in this book was to explore the calling of another Geneva Convention on the Laws of War - this time, centering on the environmental impact of certain war measures and related criminal responsibility.

This is not a comprehensive analysis, nor is it intended to deal thoroughly with potential long-term political developments. This book does educate the reader about this relatively neglected area of International Law. The experts in the field of environmental catastrophes thus introduce the reader to possible options for altering individual and State responsibility for waging war in a way that harms third parties throughout the effected region or the entire globe.

McCoubrey & White, >INTERNATIONAL LAW AND ARMED CONFLICT (Dartmouth: 1992) [371] -

This book is a restatement of the laws of war regarding initial resort to force and the conduct in an armed conflict. The authors draw upon the usual sources including treaties, custom, opinions, and writings. Part I opens with an historical analysis and the implications of various levels of force in the contemporary practice of States, including articulations of laws containing aggression and those that provide for self-defense. The role and effectiveness of the UN is also assessed. Part II discusses the laws of war for combatants and those affected by their acts. The authors address how the laws of war have adjusted to regulate the traditional forms of warfare.

While this work does not offer novel information, it does contain a readable analysis of an area of the law at the heart of any International Law course. It would thus be a good reader for one who seeks a succinct restatement about the laws preceding and contemporaneous with the conduct of war.

Municipal Law

Conforti, >INTERNATIONAL LAW AND THE ROLE OF DOMESTIC LEGAL SYSTEMS (Martinus Nijhoff: 1993) (English translation) [207] -

This is the revised version of Professor Conforti's course given at the Hague Academy of International Law in 1988. The author presents his perspective at the outset: that International Law is a body of the law that rests on equal footing with domestic law. This is a refreshing perspective in the sense that the author squarely states this belief "up front," so that the reader may take that accent into account when digesting the doctrinal elements of this well-written and thought-provoking expose on the relationship between the two systems.

The book is divided into four major themes: Chapter I - International Law and Domestic Legal Operators (those who are required to apply and enforce the law, whatever its content); Chapter II - International Lawmaking; Chapter III - the Content of International Law; and Chapter IV -the Violation of International Law and its Consequences.

While there is a sprinkling of the usual cases from international tribunals, Professor Conforti relies most heavily on the caselaw of the various States addressing international legal issues. These cases are not just from Italy. He has also included a number of opinion references from Austria, Belgium, Columbia, England, France, Germany, India, The Netherlands, Switzerland, and the US. This resource thus provides a rich vein of domestic legal literature on the application of International Law in those courts.

This book is not a primer on the doctrinal interplay of domestic and International Law. Nor is it just a Hague Academy coursebook. It maneuvers the reader through much of what would be taught in garden-variety International Law courses with an analytical emphasis supported more by domestic legal resources than by international judicial opinions. The comparatively heavy reliance on Italian materials also unearths sources that might not otherwise receive the emphasis they deserve, thereby exposing the reader to broader perspectives.

Peacekeeping Operations

Diehl, >INTERNATIONAL PEACEKEEPING (John Hopkins Univ. Press: 1993) [211] There are of course many books about international peacekeeping. This publication summarizes the familiar background about the origin and development of the United Nations process in the first four of seven chapters.

The remaining chapters offer some additional insights into understated alternatives. Chapter Five presents alternatives including a Permanent UN Peacekeeping Force, with a short treatment of financing. Another suggestion is a regional peacekeeping force, drawing on the experience of various regional international organizations such as the OAS and the League of Arab States. Chapter Six offers an analysis of "functional" alternatives to UN peacekeeping. These include naval peacekeeping, arms control verification, humanitarian assistance, combatting terrorism and election supervision.

This book is a well-written reader for one who wishes to quickly assemble the essentials of peacekeeping operations to date. It does not offer any novel solution and is apparently intended for an audience needing information about the general conditions for conducting peacekeeping operations in the aftermath of the Cold War.

Siekmann, NATIONAL CONTINGENTS IN UNITED NATIONS PEACE-KEEPING FORCES (Martinus Nijhoff: 1991) [229] -

Various legal issues have recently surfaced as a result of the Japanese and German decisions to provide military support to UN peacekeeping operations (PKO) in foreign theaters. The timeliness of this book is thus an important feature of its contribution to the relatively sparse literature on this subject.

This book raises timely questions about the extent of a nation's obligation to provide troops for peace-keeping operations. In the US, for example, does that mean that the President must delegate some of his or her authority, as Commander-in-Chief of the US military to a foreign sovereign or international organization? How are the UN's PKO to be composed? What is the degree of influence exercisable over those forces by the providing nation? May these national forces be withdrawn at any time? These are a few of the issues addressed in this fascinating survey of the national contingents in the UN's PKOs.

The Introductory chapter addresses the collective security system and development of UN PKOs. Chapters 2 and 3 cover the recruitment of national contingents, their composition, the legal position of contributing nations and their potential controls. Chapter 4 summarizes the status of the various national contingents and their members. Chapters 5-7 cover financing, withdrawal, and the usual chapter providing a summary and conclusions.

The Appendices contain draft articles for UN PKO guidelines, a model status of forces agreement, and a selected but rather comprehensive bibliography.

Security Council

INDEX TO RESOLUTIONS OF THE SECURITY COUNCIL (UN Dag Hammarskjold Library: 1992) (UN Pub. Sales No. E.93.I.6) [277] -

This publication lists the United Nation Security Council (UNSC) resolutions. It is divided into two parts. Part I (about one-fourth of the pamphlet's content) is the chronological "Checklist of Resolutions." This is a numerically-sequenced document-symbol listing of UNSC resolutions from S/RES/1(1946) through S/RES/725(1991). The information provided includes date of the resolution, a brief (usually one-line) statement about its general content, and a full bibliographic citation to the listed resolution.

Part II is the Subject Index, ranging from "Abuse of Power" through "Zones of Peace." Many of the references contain cross-references to related UNSC resolutions. There is also a sequential number for easy cross-referencing to the Part I chronological Checklist. There is a special language feature which allows the reader to immediately ascertain the languages in which each resolution is published and available in the UN Library or Sales Office.

This Index is a convenient quick-reference tool for ascertaining basic information about the various UNSC resolutions.

Wellens (ed.), >RESOLUTIONS AND STATEMENTS OF THE UNITED NATIONS SECURITY COUNCIL (1946-1992) - A THEMATIC GUIDE (2nd ed. Martinus Nijhoff: 1993) [963] -

This book is a compilation of United Nations Security Council (UNSC) resolutions spanning the period from the inception of the UNSC through June 15, 1992. This updated version includes the key resolutions (passed after publication of the first edition in 1990) relating to Kuwait, Somalia, the dissolutions of Yugoslavia and the Soviet Union, etc.

While other "guides" provide chronological accounts of the work of the UNSC, Professor Wellens' guide tenders a comprehensive volume of material via a thematic blueprint. This publication is thus uniquely suited for use by all who desire convenient access to not just the text of UNSC resolutions, but also: (1) an introductory summary of related resolutions in a way that clearly provides the chronology and the central facts of each particular group of resolutions; (2) the orderly reproduction of the actual resolutions; (3) subclassification of resolutions by subtopic within a geographical or topical arena; (4) a list of UNSC meetings on the subject; and (5) UNSC Presidential statements (when made).

Examples include (using the Newsletter Editor's above numbering system): (1) "The Palestine Question" Introductory Note - summarizing events from 1947-1966; (2) text of relevant UNSC Resolutions 42-228 & UNSC Questionnaire of 18 May 1948 to governments & UNSC Statement of 19 October 1948 on the demarcation of truce lines. The next section of the book begins with a new and related theme: (1) "The Situation in the Middle East: General" Introductory Note - summarizing events from 1967-1987; (2) text of relevant UNSC Resolutions 233-339 (through 1973) & various UNSC President's statements. The next section is on (1) Arrangements for the Proposed Peace Conference on the Middle East Introductory Note - summarizing events from 1973-1992; (2) text of the relevant UNSC Resolutions 344-756.

Part I of the book conveniently splices the relevant UNSC resolutions into relatively self-contained themes. This is the geographical facet of this publication. The first is "General," covering such matters as resolutions directed at relations between UN member States. The remaining thematic sections of Part One of the book are Western Europe and Other States; Eastern Europe; Africa; Asia; Central and Latin America; and the two examples provided above - The Palestine Question and the Middle East.

Part Two contains Other Matters Considered by the Security Council. This is the thematic segment of this publication. Part Two includes the resolutions regarding UNSC rules of procedure, admission of new members; the ICJ and related resolutions; costs and expenses; regulation of armaments; trusteeship matters, questions on reviewing the Charter, etc.

The closing module of this book is three annexes containing: a chronological list of UNSC resolutions, the composition of the Security Council during its nearly half-century of existence, and the 180-item list of matters still to be considered by the Council as of the book's cutoff date of June 15, 1992.

Now that this publication has arrived, it would be hard to imagine how one with limited time would begin to conduct results-oriented research in this field without this useful guide.

Patil, THE UN VETO IN WORLD AFFAIRS 1946-1990: A COMPLETE RECORD AND CASE HISTORIES OF THE SECURITY COUNCIL'S VETO (UNIFO/Mansell: 1992) [559] -

Until this publication, the details surrounding the exercise of the infamous veto in the United Nations Security Council were (at worst) the object of a laborious research strategy and (at best) sketchy. This combined scholarship and reference source provides the complete "A to Z" of all of the vetoes, including a microfiche insert in the rear cover containing original veto materials from 1946-1990.

The first two chapters (of six) succinctly cover the relevant origins of the UN and the five common forms of veto.

Chapter Three covers the exercise of the veto in relation to applications for membership to the UN. This segment of the book is divided into European States, African States, Asian States, and Arab States. As in the other parts of the book, the author provides the essential details explaining the veto such as who exercised it, reasons given, subsequent action on the same application, as well the origin of the particular application for admission.

Chapter Four, the largest portion of the book, addresses vetoes on political questions associated with exercise of the UNSC veto. The materials are again arranged in the same geographic sequence as above - with the addition of Latin American States, the US, and the former USSR.

Chapter Five covers vetoes on organizational matters including agencies of the UN and potential UN operations.

The value of this work is enhanced by the following appendixes: (1) number of vetoes on each issue (i.e., membership applications and political questions); (2) chronological listing of vetoes (graphically depicting the impact of the Soviet veto on the UNSC); (3) nonpermanent membership on the UNSC since its inception by year; (4) UN Charter; (5) the provisional rules of procedure in relation to the veto; (6) bibliographical references - including monographs, standard reference works, and UN documents in this field; and (7) the unique microfiche insert (discussed above).

This work is destined to become "the" standard reference work in what one hopes will be the antiquated use of the veto to thwart the potential of the UNSC to monitor and react to threats to world peace.

Sources of Int'l Law

Wolfke, >CUSTOM IN PRESENT INTERNATIONAL LAW (2nd ed. Martinus Nijhoff: 1993) [192] -

This is the updated version of Wolfke's definitive first edition (1964). The author asserts that little has changed in terms of the diversity of opinion regarding the content of this source of International Law. Yet is would be a mistake to assume that custom is loosing its footing due to the progressive codification of International Law. This edition undertakes the difficult problem of identifying the nature of Customary International Law, its evolution, and its continuing impact - in an era when the number of States and international organizations have proliferated without an attendant increase in the degree of codification.

The author unabashedly limits this analysis to the most recognized sources - the accepted norms drawn from World Court decisions and the work of the International Law Commission. The author wisely decided not to attempt to use contemporary State practice as the yardstick for measuring and defining customary practice, given the limited nature of State reliance on custom as the basis for decisionmaking.

The author's critical mass, then, is the depiction of custom as not being "generally accepted" in the same sense that the term is applied to treaties. It is refreshing for an author to present the actual picture - including some frustration and much divergence - rather than the more typical encyclopedic statement that a complex area is fully comprehensible as a result of some author's particular study.

Teachers and researchers will find this book to be an accurate reflection of the somewhat confused nature of international custom as a source of International Law - marked by a lack of clear opinio juris but nevertheless playing a definable role in contemporary international relations.

Rossi, EQUITY AND INTERNATIONAL LAW: A LEGAL REALIST APPROACH TO INTERNATIONAL DECISIONMAKING (Transnational: 1993) [309] -

Professor Rossi's book may be the definitive work on the nature and the role of equity in International Law. His essential thesis is that the use and abuse of equity by international tribunals (particularly the ICJ) should be perceived as an attribute of judicial process that does not rely on just whimsical judicial legislation. Judicial decisionmakers must be cautious, however, about fully supporting its use in each instance by something more than just its appellation.

The author analyzes equity's positive and detrimental applications. Judges have, he points out, used their inherent powers of judicial office and decisionmaking to invoke equity in ways which would sometimes offend both the realist/positivist and the naturalist. He outlines the various factors which have and should guide decisionmakers invoking this method for resolving international disputes. Without solid support, the "equitable" decision will be perceived and/or ignored as being devoid of legitimacy. Lacking this quality, the State parties who voluntarily submit disputes today will not do so tomorrow.

This publication is an important addition to the literature on contemporary confidence building in a generation when international adjudication has not achieved status as a favored alternative.

THESARUS ACROASIUM: SOURCES OF INTERNATIONAL LAW (Thessaloniki Inst.: 1992) [617] -

This Institute conducts research with an emphasis in areas of interest to Greece, the law of diplomacy, and the law of international organizations. It also presents annual sessions consisting of summer lectures and seminars in all categories of International Law. This book is the compilation of the course (akin to the Receuil des Cours) given in 1988.

The bulk of this publication consists of the lectures by a diverse faculty of international law experts. The subjects include (Newsletter Editor's paraphrases): nationalism and international lawyers; contemporary international law-making (emphasizing custom and the systematization of State practice); the new stream of international law scholarship (post-World War II confidence in the system replaced by pragmatism); customary law (modern problems including activities of international organizations and conferences such as EEC process, new States involvement in evolution); the legal scope of institutional acts (French); the auxiliary or subsidiary means for determining international law (French); formation of norms of international law and economic development (French); law-making by international organizations (legislative enactments regarding states and the role of nonbinding resolutions); early British literature on the Law of the Sea; the role of equity as a source of international law; and Soviet doctrine on the sources of international law.

The remaining segment of this collection of Institute lectures contains selected papers of attendees, briefly touching upon additional themes such as the law of treaties and State responsibility; drafting European texts on unification; Jus Cogens and the law of treaties; the interaction between custom and treaty sources of international law; and the role of custom in space law.

One who desires the latest on sources doctrine, as compiled by some of the world's leading experts on international sources of law, will find this collection (some English, some French) both useful and authoritative.

State Theory

Driessen, A CONCEPT OF NATION IN INTERNATIONAL LAW (T.M.C. Asser Inst.: 1992) [199] -

The origin of this book is the author's Ph.D. thesis from the Lorand Eotvos University in Budapest. This presentation by a new scholar is written in a way that suggests a few translation quirks. Nevertheless, the book's structure is relatively direct. It matured into something quite fascinating for those of us looking forward to the 1994 Annual Meeting of the ASIL regarding the question of sovereignty. It essentially underscores the relationship between States and their minority populations.

The author presents his theory of nations in juxtaposition with self-determination and equality. Now that the Cold War no longer dominates State practice in a way that partially suppressed old ethnic controversies, many new conflicts are spreading. Bosnia is just one of many examples that are analyzed.

The analysis distinguishes between a nation and its people. The early chapters address political and moral assumptions which are seldom presented in such legal analyses. It urges a new version of Kant's social contract theory as a potential model for ordering state-nation relations. The middle chapters analyze self-determination of peoples within the traditional State structure in International Law, including what the author perceives as emerging problems in territoriality and colonial relationships. The author defines the law of self-determination as it should be. Thus, this an interesting reader on the inter-relationship between the equality of nations, self-determination, and the treatment of minorities in an era when old ethnic rivalries are rekindling with great intensity throughout the globe.

Camilleri & Falk, THE END OF SOVEREIGNTY: THE POLITICS OF A SHRINKING AND FRAGMENTING WORLD (Edward Elgar: 1992) [312] -

Given the focus of the April 1994 Annual Meeting of the ASIL, this reader will be of interest to anyone who seeks a preview of its "sovereignty" dilemma. It is written by two political scientists from Australia.

The demise of the Cold War precipitated broader recognition of a number of simultaneously operating events: the decay of a two-bloc paradigm in international relations, a rising tide of demands for separatism and regional authority, and an increasing interest in international organization in all spheres of existence. Is it still realistic to conduct international relations on the same sovereignty model which has been a centerpiece of international relations during the recent millennia?

This analysis questions whether State sovereignty should continue to be the linchpin for ordering international theory and State/organizational practice. The authors' essential conclusion is that the territorial State will continue to be an influential institution - although the presence or absence of sovereignty will become less of a defining characteristic of structure and action. The dual operation of fragmentation and integration will no longer be as readily explicable in terms of the theory of sovereignty.

Toland, ETHNICITY AND THE STATE (Transaction: 19930 [269] -

The evolution of modern State structure has often outdistanced ethnically plural societies within the State. As in Bosnia today, ruling elites have often tried to eradicate ethnic differences via genocide and other forms of discredits designed to manipulate away the impact of subordinate groups in the State-building process.

The authors (nine individually-authored chapters) contend that consistent ethnocentric attitudes resurface over and over again regardless of location - citing examples in Europe, South America, Asia, and the Middle East. This phenomena is described as ancient, organic, and growing over time. Race, class, and gender are not particularly affected by this typically understated but ubiquitous condition.

The timeliness of this treatment needs no restatement, given the virtually axiomatic scenario whereby nations are finding it more and more difficult to maintain order in ethnically diverse societies. This will be insightful reading for one in search of the "big picture" concerning the increase in ethnic rivalries which have surfaced with relentless furry in the aftermath of the Cold War.

Marty & Appleby, >FUNDAMENTALISMS AND THE STATE: REMAKING POLITIES, ECONOMIES, AND MILITANCE (Univ. Chicago Press: 1993) [665] -

Given the nature of modern commercial demands on the news media, a major international crisis may be headline material one day and anecdotal fodder the next. Fundamentalism is a theme that few can fully appreciate from the fleeting references to it in an increasing number of reported incidents. This text is designed to provide the essentials about this phenomenon. One should anticipate the pervasive and increasing impact of "Fundamentalism" upon society - both international and domestic.

Religious fundamentalism has become the new "evil empire" for a number of analysts who are seeking a replacement since the demise of the two-bloc system that dominated international relations and world politics during recent generations. This text is thus designed to place fundamentalism in its proper perspective - rather than reproducing the misinformation that has tended to misportray its impact on local and international conflicts in the media.

It is beautifully written. Characterizing it as merely "informative" would be a classic understatement. It is an eye-opener for those of us who tend to separate church and State when assessing normative behavior in our own cultures.

After a succinct Introduction, the authors divide this work into three major Parts: I - Remaking Polties; II - Restructuring Economies; and III -Remaking the World Through Militancy. Each Part consists of a group of individually-authored chapters which focus on some relevant facet of fundamentalism including: fundamentalism and American law, Israeli polity, shi'ite jurisprudence, the constitutions in a number of nations (from Part I). Part II provides further essays on the economics of American and foreign fundamentalism, and its potential impact in the economic context. Part III contains a comparison of militant fundamentalist groups, followed by three models of religious violence, and then the objective of some groups to remold State paradigms.

Menon, THE SUCCESSION OF STATES IN RESPECT TO TREATIES, STATE PROPERTY, ARCHIVES, AND DEBTS (Edwin Mellon: 1991) [265] -

This book addresses State practice in relation to the two major treaties relevant to its title: (1) the 1978 Vienna Convention on Succession of States in Respect of Treaties, and (2) the 1983 Vienna Convention on Succession of States in Respect of State Property, Archives and Debts. The book's two major Parts thus address, first, the question of State succession regarding treaties; and second, succession regarding property, archives, and debts.

The author incorporates the inconsistencies in State practice regarding the question whether continuity of obligation should be the norm. Varying State practices have also limited the potential contained within these two treaties for establishing a unified rule of law in this very sensitive component of International Law. World Court decisions have contributed to the complexity of this question - making distinctions between succession in regard to treaties, property, debts, and the like without providing a cognizable paradigm for applying such distinctions.

It would be quite an understatement to merely characterize this theme as "timely," given the recent explosion in the number of newly independent States and the pervasive concerns with self-determination and de-colonization. This well-written publication may well be the primer for developing a deeper understanding of the related tension associated with the so-called "clean-slate" doctrine embodied within the 1978 Convention.

Boudreault & Salaam, >U.S. OFFICIAL STATEMENTS: THE STATUS OF JERUSALEM (Inst. Palestine Studies: 1992) [123] -

This is the third in a provocative study of official statements of the US regarding various facets of the "Palestine" problem. (1st = UN Sec. Council Res. 242; 2nd = Israeli Settlements & Fourth Geneva Convention; forthcoming = Golan Heights.) It contains more than the title suggests: the official statements from the US State Department, from the White House, and from UN personnel regarding the status of Jerusalem.

This is essentially an extensive but succinct compilation of key policy statements from the indicated sources in the last four decades. Much of what is provided is the verbatim quotation of official policy announcements reflecting changes and aspirations about this political "hot potato." The research for this particular study was extensive: covering the period from 1947 (Truman Administration) through August 1992.

The appendixes (about one-third of the pamphlet) are useful for the researcher seeking further detail on the relevant Israeli laws, nations maintaining diplomatic relationships with Israel, relevant graphs, the details of the settlements in East Jerusalem, and various UN and US Congress votes on issues involving the status of Jerusalem.

Terrorism

Morgan, >INTERNATIONAL CONVENTION AGAINST THE TAKING OF HOSTAGES: EXPLANATORY DOCUMENTATION PREPARED FOR COMMONWEALTH JURISDICTIONS (Commonwealth Secretariat: 1989) [41] -

Given the detailed analysis of the Hostage Convention immediately below (Lambert book), it seemed appropriate to make reference to another guide so as to underscore importance of the Convention from the perspective of commonwealth governments who may be considering its adoption. The number of adopting States is rather low (about 50).

This document is primarily descriptive. Its purpose is to provide a brisk walk through the essential provisions for government officers who may be tasked with a preliminary analysis of the Convention's salient features.

Lambert, TERRORISM AND HOSTAGES IN INTERNATIONAL LAW: A COMMENTARY ON THE HOSTAGES CONVENTION 1979 (Grotius: 1990) [418] -

This book comments on not only the well-known Hostages Convention but also a number of other agreements relating to hostages. It analyzes the 1979 Convention and provides an exhaustive analysis of each provision of that treaty. Doctor Lambert covers the three essential elements of interpretation: actual wording, the preparatory work leading to signatures, and the actual practice of States. In this manner, one can extract the genuine intent of the parties as a predictor of how they will act and react to the varied circumstances that arise under its terms.

Part I of the book defines the problem, places it into contemporary perspective, and notes the lack of consensus in finding or implementing ways of controlling this phenomenon.

Part II (the bulk of this publication) partitions the Convention into its 20 articles. Portions of each draft article are presented in a way that breaks the Convention into its most fundamental elements without necessarily loosing sight of the whole. The author introduces various problems with the text on a paragraph or phrase-by-phrase basis, accompanied by examples of events that have spawned interpretational differences.

The value of such painstaking analysis is that the Convention may be "divided and conquered" by the busy judge as well as the academic in need of solid analytical framework for this enigmatic terrain within the field of international treaty law. Also, the author inserts references to the various drafts of different nations, thus depicting some of the interpretational gaps that always seem to arise when the wording must be sufficiently broad to encourage maximum participation.

The author includes the full text of the 1979 Hostage Convention and the FRG draft as appendixes (thus facilitating the study and better comprehension of comparisons between the two suggested in Part II).

Third Parties

Chenkin, >THIRD PARTIES IN INTERNATIONAL LAW (Oxford Univ. Press: 1993) [385] -

Professor Chenkin's book is an authoritative treatment of an increasingly important area of the law regarding the rights and obligations of third parties. In the common instance, a bilateral arrangement or conflict impacts third parties in a way which should be recognized as creating expectations that are greater than the sum of the (two-nation) whole.

Three arenas wherein this phenomenon arises include treaty negotiations and performance, international procedure in terms of arbitration, adjudication, intervention, and the use of force in a way that harms a third party nation or nations.

Prior to engaging in a thorough and well-supported dissertation on this subject, the author opens the book with a succinct statement of the basic problem. The author also provides useful commentary about her conclusions at the close of each Part of this book. This work is richly adorned with supporting footnote references facilitating further research.

An often neglected portion of the Vienna Convention on the Law of Treaties addresses this so-called "Pacta Tertiis" problem in International Law (Article 34). With the publication of this book, however, national representatives, practitioners, and academics may draw upon an authoritative source to structure and hopefully resolve the core of third party claims in international practice.

Treatises

Norton, et al (ed.), COMMENTARIES ON THE RESTATEMENT (THIRD) OF THE FOREIGN RELATIONS LAW OF THE UNITED STATES (ABA: 1992) [274] -

This pamphlet is the International Lawyer (ABA's International Section) publication that selectively critiques the Restatement of the Foreign Relations Law of the United States published by the American Law Institute in 1987 (entitled "Third" but actually only the second edition). While in one sense a companion volume, it is no reproduction. It is designed to aid users to "come to grips" with that "not entirely uncontroversial undertaking." Its analyses were prepared by leading practitioners and experts in ABA's International Section.

It consists of thirteen individually or co-authored essays which attempt to clarify, evaluate, and classify the particular sections of the Restatement under review. The best way to describe the contents for the reader of this Newsletter is to briefly describe the content of each essay: (1) the Restatement's sources and evidence of International Law; (2) jurisdiction over foreign corporate branches and subsidiaries; (3) extraterritorial securities jurisdiction; (4) foreign sovereign compulsion and due process; (5) foreign discovery and proposed amendments to the FRCP; (6) >Sabbatino and the Restatement; (7) foreign money-judgments and arbitral awards; (8) the law of the sea; (9) human rights provisions; (10) economic injuries to aliens; (11) US international trade law provisions; (12)-(13) monetary law (IMF).

This useful project should be the inauguration of a useful interchange of ideas that, not unlike the law reviewer's analysis of a judicial opinion, fosters a continuing dialogue which will shape the contours of future Restatements or similar undertakings.

Chimni, INTERNATIONAL LAW AND WORLD ORDER: A CRITIQUE OF CONTEMPORARY APPROACHES (Sage: 1993) [318] -

There does not seem to be another work quite like this one. It provides (East) Indian perspectives on various contemporary theories. The paradigms considered are the Hans Morgenthau Realist Theory of International Law, the McDougal-Laswell Approach, the Richard Falk/Grotian Quest, and the Marxist Theory of International Law.

What is unique is its presentation of each of these respective theories with an analysis of the centerpieces of each. It is thus of great interest to read an "Eastern" critique of the dominant "Western" theorists. The critical mass of fundamental legal theory is thus portrayed in this publication, which concludes that Marxism is the most likely mode for any "humanistic" based legal jurisprudence that may develop in International Law.

United Nations

Gregg, >ABOUT FACE? THE UNITED STATES AND THE UNITED NATIONS (Lynne Rienner: 1993) [181] -

This is a well-written and fascinating post-Cold War assessment of the shift in US policy on the efficacy of the UN. Its focus is the apparent US about-face from a poorly disguised disdain for the UN to the virtual ecstasy of enthusiasm displayed during the Kuwait crisis. The "?" in the title counters euphoric attitudes about the Organization with the reality that US foreign policy objectives are not readily defined and as yet undetermined after the Cold War.

Not so long ago, the US drove the UN toward bankruptcy by withholding much of its assessed contributions. But the Gulf crisis seemed to rekindle the spirit of San Francisco due to both the US and "allied" support for Operation Desert Storm.

The author's analysis of the renewed US interest in the UN contains thought-provoking perspectives about the prevailing mood of cautious optimism. Many of the underlying assumptions about the US/UN relationship are uncovered and explained in terms of mutual expectations, pragmatism, and the way in which the world actually works as opposed to the way it was apparently intended to do so under a Charter drafted in 1945.

The book presents two basic phases in its analysis. The first is the so-called "orgy" of UN-bashing in the 1980s. The second is the Gulf crisis and apparent restoration of the value of the UN to the US in the aftermath of the Cold War. The prospects for future relations is further addressed in the pages of this small but powerful rendition of the contemporary US/UN relationship. Was the vigorous attack on the UN by the US in the mid-1980s (followed by US reliance on the UN process in the early 1990s) an aberration or an emergence of a New World Order with the UN as the key actor?

MODEL UNITED NATIONS (UN: 1992) - U.N. Sales No. E.92.1.23

This item is a fifteen-minute videocassette and accompanying thirty-two page pamphlet prepared by the United Nations Association for teachers. It is typically used at the high school and undergraduate levels. (Law school instructors are not likely to find it useful.) It can be used at virtually any grade level. It is also inexpensive - currently priced at $5.00 plus shipping. There is some fascinating footage drawn from the international model as dramatized in Moscow, Washington, and New York simulations of the UN.

The program participants use research and role-playing to assimilate the fundamentals of the UN model. Students are assigned to act as delegates so that they may appreciate and present the concerns of various nations, learn the limitations of diplomacy, and attempt to foster consensus. The booklet contains model resolutions, canned wording for drafting exercises, and a variety of other suggestions for conducting this exercise.

Those teachers whose work - or a major portion of it - focuses on the UN should consider obtaining a copy of this inexpensive tool for developing a better student appreciation of the actual operations and limitations of the UN system.

Finkelstein (ed.), POLITICS IN THE UNITED NATIONS SYSTEM (Duke Univ. Press: 1988) [503] -

The Editor of this book notes that the UN Charter and its related processes can be (and have been) viewed through the lenses of many member States based on their geography, peculiar history, ideology, and other forms of diversity. Its dozen contributors approached this project with the perspective that the UN must succeed, although it is quite necessary to acknowledge the political realities that influence its operations.

One essential perspective is that world politics typically affect central US interests. The US did much to establish this World Organization, yet it began a marked withdrawal in the 1980s during a period of virtual UN-bashing. This development included the US accusations about the "politicalization" of various UN agencies, the withholding of its assessed dues, and withdrawals from various agencies (e.g., ILO, UNESCO, ICJ). The less powerful nations have been equally frustrated by the inability to convert their post-colonial voting power into a new era of equality - and thus the friction at the UN.

The various chapters are essentially case studies of this friction, cast in the context of politics at the UN. Some of the matters covered are the veto, international economic cooperation, deterioration of the GATT framework, human rights issues, and the politics of several agencies such as the World Bank, UNESCO, and some other international bureaucracies.

This work should serve as an excellent political science resource text, as well as a useful reader for a better comprehension of the underlying forces at work in the UN system. A key question raised is the extent to which the UN can possibly operate devoid of all political reality that permeates virtually every other facet of our global existence.

War Crimes

Helsinki Watch, >WAR CRIMES IN BOSNIA-HERCEGOVINA (Human Rights Watch: 1992) [359] -

Helsinki Watch is affiliated with the International Helsinki Federation for Human Rights, based in Vienna. It monitors compliance with the 1975 Helsinki Accords. The raison d'etre for this book is a plea to the UN to exercise its authority under the 1951 Genocide Convention to intervene in Bosnia.

The relevant incidents in this full-scale war include mistreatment of civilian populations during detention, forcible displacement of hundreds of thousands, the indiscriminate use of force causing unnecessary loss of life and property, summary executions, and other forms of mistreatment based on nationality and religion. The authors thus call on the UN Security Council to react - specifically to establish an international tribunal to punish responsible parties on all sides for war crimes in the former Yugoslavia. This report documents violations observed during two separate missions to the area during 1992. It is richly adorned with much footnoted commentary (and research sources) that support the textual treatment.

The book opens with a succinct description of the actual parties to this conflict and their respective positions/claims. It then proceeds directly to the violations of the laws of war (about one-third of the book): summary executions, ethnic cleansing, disappearances, hostage taking, and mistreatment in detention, to name a few. The vivid detail of its passages brings this distant conflict to life, not unlike the impact of television on the American public during the Viet Nam War.

The next segment appraises the role of the international community. This middle third of the book focuses on the UN, EC, and the US. It addresses the legal and moral bases for further action by the international community.

The book's largest division is the appendixes. Appendix A contains the basic provisions of International Law, such as General Assembly resolutions, the Geneva Protocol, the basic Helsinki Watch Report, and resulting letters to the participants in this theater.

One defect in the printing process is frustrating - the occasional omission of text from certain portions of the book. Otherwise, this is a valuable reference tool for one seeking graphic depiction of this problem of war crimes and a basis for comprehending the hows and whys of the atrocities occurring in Bosnia. Anyone who attended the ASIL Annual Meeting in 1993 will want to obtain this reader to better understand the mood of the audience during the panel discussion involving the ambassadors from Croatia and the Federal Republic of Yugoslavia.

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