Readers' Corner
Ensign, DOING GOOD OR DOING WELL? JAPAN'S FOREIGN
AID PROGRAM (Columbia Univ. Press: 1992) [198] -
This book outlines Japan's foreign aid program in its role as a major economic power. Its
bilateral aid is essentially tied to its commercial interests. The author's central theme is that Japan,
like other developing nations, would enjoy long-term benefits by dislodging the link between aid
and export promotion. A useful method for providing access to the central core of this book is the
use of charts to graphically depict the author's textual analysis.
The tying of aid to purchases from Japan (not that Japan is alone in this practice) by
developing nations often results in unfortunate consequences for the receiving nation that is
already troubled with development problems. There is also the question of how Japan's aid tying
in the "Third World" will affect its long-term relationship with the U.S. Both Japan
and the U.S. would, argues the author, benefit more from aid programs that assist in the receiving
nation's infrastructure and overall economic development. Economic nationalism should thus be
supplanted with a more global mode for developing international economic ties.
Apartheid
Bennett, A SOURCEBOOK OF AFRICAN CUSTOMARY LAW
FOR SOUTHERN AFRICA (Juta: 1991) [484] & Bennett, et al., AFRICAN
CUSTOMARY LAW (Juta: 1991) [146] -
These two publications provide fascinating insight to the interaction of the customary and
positive law of South Africa, with references to the 1927 Native Administration Act which
separated the "white and African" judicial structures - and subsequent measures taken
to cleanse the judicial system of the stigma of apartheid. It was written before de Klerk announced
the abandonment of apartheid as South Africa's official governmental policy, although current
events there suggest that law and social reality may continue to diverge for some time.
The Sourcebook publication is an analysis of the anthropological and legal
sources from which (primarily) South Africa's customary laws have been drawn. It is an
exhaustive treatise on the subject, carrying many case citations in its text and footnotes dealing
with the exclusion of "Africans" from government and the institutions that impact
social and legal controls. The authors also point out how change should impact not only the
African majority, but also women due to historical and pervasive expressly male-dominant
institutions. Thus, there is a rich vein of human rights analysis in this book which seeks to clarify
the how and why in contemporary South African legal institutions which are the product of a
by-gone era. Yet the proliferation of new laws is difficult to apply as intended.
The authors depict the abolition of apartheid and other international human
rights as the
product of bourgeois western values. Thus, some fear the imposition of western values, in ways
that may result in renewed attempts to impose cultural and social values that do not dovetail with
the African experience.
The African Customary Law book contains nine chapter commentaries devoted
to scholarly analysis of the titled subject. Customary Law has been enforced in South Africa since
the 1927 Black Administration Act, which was the cornerstone of the official government policy
of apartheid. The Preface maintains that, contrary to the common international perception, this
phenomenon was never incorporated into the mainstream of South African law. Rather, it was
limited in application to only particular tribunals.
The attempts to change the legal infrastructure of apartheid are characterized as
laudable, yet fraught with practical problems including the lack of personnel to ensure its demise.
The three central themes in this collection of articles are tradition, culture, and human rights.
There is the problem of establishing a proper normative framework that will overcome the
financial inability of most subjects of the law to enjoy the new-found attempt to dovetail the South
African experience with international human rights norms.
Arbitration
Jarvin, Derains, and Arnaldez, COLLECTION OF ICC ARBITRAL
AWARDS 1986-1990 (Kluwer: 1993) [578] -
This is the second volume of the 1986-1990 awards of the ICC's International Court of
Arbitration (seventy years old and 8,000 cases) previously published elsewhere and conveniently
collected into this second of two volumes (first volume 1974-1985). Some awards are published
in French and English, or just one of these languages, depending on the original source of
publication. The sources are the Yearbook of Commercial Arbitration, the Journal du Droit
Internacional, and the International Construction Law Review.
The bulk of the book of course consists of ICC awards, including date rendered, ICC case
number, names of arbitrators, parties, where originally published, key-word subject matter listing,
facts, and discussion ("extract"). A quick perusal of the key-word index at the close
of this volume provides some preliminary insight into the routine subjects covered in the ICC
cases.
There is a chronological index at the front of this second volume listing awards
covered in
both. A consolidated Analytical Table (one in French and one in English) provides a brief
key-word description of awards (1974-1990) appearing in this two-volume set. This latter table is
probably the most useful tool for accessing the contents of this set.
Readers may seek access to the available information via several methods: when
looking
for a specific issue (see Analytical Table), when seeking commentaries which have commented on
a particular case (references to other publications discussing the particular arbitration), or when
the ICC Number is known. A few moments study of the front matter's Foreword will aid the
reader in determining the best way to seek the desired access and information about ICC cases.
This is an exhaustive compilation of cases undertaken by individuals who are
well-versed
with the work of this particular tribunal as former General Counsel (Jarvin), former Secretary
General (Derains), and a current counsellor with the Court (Arnaldez). It will be a useful guide for
one who must negotiate, draft, or resolve international commercial disputes.
Mueller (ed.), THE FLAME REKINDLED: NEW HOPES FOR
INTERNATIONAL
ARBITRATION (Martinus Nijhoff: 1994) [213] -
As stated in the Preface by the U.N. Secretary-General, this book makes a concrete
contribution to the U.N. Decade of International Law by its in-depth analysis and assessment of
the prospects for international dispute settlement via arbitration.
This book thus republishes the dozen comments of leaders in the field first appearing
in the
Leiden Journal of International Law.
The Introduction by the Secretary-General of the Permanent Court of Arbitration
(PCOA)
echoes Dr. Ghali's sentiments, by tracing the history of the PCOA - including its decline after the
First World War and the renewed interest in its work as a result of the Iran-United States Claims
Tribunal, the availability of its staff to other ad hoc tribunals, and the 1991 "Working
Group" analysis of the prospects for remedial measures.
The opening editors' chapter introduces the pervasive problem of how to encourage
the
practical utility of international arbitration when States and international organizations have been
historically reluctant to "buy into" this process - one of the goals of the U.N. Decade.
The various authors of this publication generally subscribe to the theory that there
is a future for international arbitration and a role in that future for the PCOA. They
believe that isolated "improvements" will not accomplish what is needed. They
generally propose a third Hague Peace Conference on international arbitration, organized like the
recent UNCED and Human Rights Conferences. A worldwide gathering of national
representatives and NGOs would be the spark that rekindles the flame, flickering as a result of the
limited utility of arbitration in this century.
The various chapters address specific ideas on how to structure change and
recommendations for encouraging the frequency and utility of access to bodies such as the PCOA,
the I.C.J., and other non-ad hoc tribunals for commercial and other disputes. The chapters include
analyses of the blurring of the arbitral and judicial processes, private party access to the PCOA,
the availability of the I.C.J., and African perspectives on commercial arbitration.
One may anticipate that if the U.N. Decade results in a third Hague Conference, that
this
seminal work will provide the impetus for delegates to reconsider how to "rekindle the
flame."
Arms Control
Dahlitz & Dicke (ed.), THE INTERNATIONAL LAW OF
ARMS CONTROL AND DISARMAMENT (UN: 1991) [234] -
Experienced UN officials have herein joined with governmental and academic
specialists to
produce a provocative account of contemporary arms control problems. This publication consists
of fifteen individually-authored symposium papers and revised addresses at a 1991 Geneva
conference. The addresses are those of the UN Under-Secretary-General for Disarmament Affairs,
the Chair of the International Law Commission, and the Secretary General of this Conference on
Disarmament. The papers address the role of arms control in international law, problems with
customary law and multilateral treaty interpretation, the role of the IAEA safeguards in the
non-proliferation regime, and the necessary process for achieving effective arms control
standards. Several "post-symposium" papers analyze chemical weapons and state
succession problems.
Given the increasing problems with controlling arms transfers in the aftermath of the
Cold
War, this subject may now be in need of much more attention than in the past. This is one of the
premiere publications in the filed because it presents both a balanced and a provocative
assessment of this global menace.
SIPRI YEARBOOK 1993: WORLD ARMAMENTS AND
DISARMAMENT
(24th ed. Stockholm Int'l Peace Research Inst. & Oxford Univ. Press: 1993) [834] -
With the end of the Cold War and recent dismantling of totalitarian regimes, there
are new
prospects for peace as well as threats to peace. This rich edition of the Institute's Yearbook
chronicals arms control developments in a way that makes this yearbook a useful reference work
for anyone addressing this theme in the context of 1992 developments and their meaning for the
future.
The Institute covers the link between environment and international security,
procurement
of arms and emerging conflicts, UN peacemaking, and European arrangements for
maintaining security and control of both conventional and nuclear arms. Its work is not limited to
one geographical area, including for example the work of the UN Special Commission on Iraq,
international development of chemical and biological weapons, and US military technology.
Useful glossaries in the front matter provide an insight into the breadth of coverage
ranging
from describing particular weapons systems to organizations with security functions (including
membership in (CSCE, NATO, etc.) and the relevant treaties. The textual matter of this edition
commences with the non-military facets of international security such as preventive diplomacy,
peacemaking, and emerging security institutions. The Introductio outlines the parameters of
change wrought by the demise of the Soviet Union and the impact on arms control negotiations
including START II and Convention on Stockpiling and Use of Chemical Weapons and Their
Use, both signed in 1993.
The Parts are (1) the Environment and Security for 1992, (2) Global and Regional
Security
and Conflicts 1992; (3) Weapons and Technology Proliferation 1992; (4) Military Expenditure,
Arms Production and Trade 1992; and (5) Arms Control and Disarmament 1992. There are
appendixes after many of the chapters which aid the reader in illustrating some of the salient
themes in the chapter reading (e.g., nuclear explosions 1945-1992 after Chap. 6 on Nuclear
Weapons Development and Proliferation). The end-of-book appendixes include major arms
control agreements and a general chronology of 1992 arms developments on a daily or weekly
basis.
This would be an indispensable tool for anyone doing research on arms control on
the
major developments of 1992 and how they might impact future disarmament undertakings.
Democracy
Pinkney, DEMOCRACY IN THE THIRD WORLD (Lynne
Rienner: 1994) [182] -
The majority of governments are now democracies. This book might have been an
oxymoronic pamphlet twenty years ago. It delves into the reasons for, and effects of, this
significant development in "Third World" politics. This change has been somewhat
astonishing, given the usual environment that is hostile to yielding power over very limited
resources to the electoral process.
The author is careful to distinguish among the different categories of democracy,
which
helps to explain a "democratic" result in nations with varying degrees of economic
and social development. Chapter One thus defines the word, as the starting point in this analysis
of political process in the comparatively poorer and non-communistic regimes typical of the
so-called "Third World." The following chapters address the conditions conducive to
developing democracy, the effects of colonial rule, where false hopes yielded to an eclipse of
democracy by authoritarian reactions, and those instances where democracy has survived since the
inception of independence. Chapters six through eight address the "dynamics of
transition" from several perspectives or paradigms. The final chapters analyze the prospects
for democracy's continued viability.
This is an excellent and well-written reader, designed for those who are studying
political
process and one of the dramatic developments of the last generation - liberal democracy as an
alternative to failures in alternative authoritarian regimes. One very welcome feature is the use of
chart and tables to facilitate access to content. Table 1.1, for example, is a two-page spreadsheet
presenting the five forms of democracy including seven parameters distinguishing variations
within the respective models. Table 5.1 simlarly outlines the paradigmatic conditions necessary for
the continued viability of democracy in any system.
Human Rights
Alston, Paker & Seymour (ed.), CHILDREN, RIGHTS AND
THE LAW (Oxford Univ. Press: 1992) [268] -
The U.N. General Assembly adopted the Convention on the Rights of the Child in
1989. It
has already been ratified by more than 100 nations. The Convention is reprinted at the close of
this book, along with a lengthy bibliography of reference works.
This publication is a multi-author fifteen-chapter treatment of varied facets of the
Convention. It was generated by a workshop on the subject at the Australian National University
in 1991 (and then revised for publication). The book's purpose is to evaluate the positive and
negatives facets of handling childrens' issues via a "rights" approach. Its vitality is
assured by the presentation of points and counterpoints which thus provides a strong sense of
balance not always found in international publications.
The individual chapters include analyses of why such rights should be taken more
seriously,
the limits on the so-called public/private dichotomy in terms of State intervention into family
decisions about the child, medical experimentation with children, feminist approaches to the
Convention, and the importance of recognizing the rights of the child on both the domestic and
international planes.
Any complete analysis of human rights would of course turn to the problems with the
treatment of children. This work is, i turn, the candidate for the most comprehensive treatment of
those rights within the context of an international convention.
Eide, et al. (ed.), THE UNIVERSAL DECLARATION OF HUMAN RIGHTS:
A
COMMENTARY (Scandinavian Univ. Press: 1992) [474] -
This may be the key interpretive work on the Universal Declaration. The editors
begin with
brief comments on how the process leading to adoption began, an overall introduction, and a
discussion of the Preamble and the UN Human Rights Program.
The bulk of the book presents the work of various Nordic human rights experts from
five
nations who trace the article-by-article interpretation of all facets of the Declaration.
This approach is a veritable research dream come true for anyone who values provocative
analyses of the complex norms within this key document in the "International Bill of
Rights." Each chapter commences with a reprint of that particular chapter's article, followed
by the individually-authored analyses of the major themes covered by that article. A
Scandinavian-oriented bibliography at the end of each chapter then provides additional detail
(although a number of these resources are apparently not written in English).
The book also contains an occasional "Addendum by the Editorial Committee
(a
half-dozen of the more than two-dozen authors). These update international developments
occurring since the 1948 promulgation of the Declaration. Thus, the reader can quickly ascertain
relevant update information on what has happened to the various articles since inception.
This publication is a must for anyone doing serious work in the field of human rights.
This
is likely to be dubbed "the" English-speaking practitioner's handbook in the field.
Mower, REGIONAL HUMAN RIGHTS: A COMPARATIVE STUDY OF
THE
WEST EUROPEAN AND INTER-AMERICAN SYSTEMS (Greenwood Press: 1991)
[177]
The increased close-of-the-century interest in human rights has found its principal
expression within the U.N. at the global level, and in the Council of Europe and O.A.S. at the
regional level. This particular study thus focuses on their respective settings and how they each
have functioned--particularly during the 1980s.
The author examines the respective agencies that played a major role in
implementation of
regional civil/political goals. (This limitation follows from the absence of a Latin-American
counterpart to the Council's Social Charter.) The author further provides an evaluation of their
respective performances. The author decided not to compare the regional and U.N. performances,
concentrating instead on the regional level.
The author emphasizes the essential structural and functional parameters; the
particular
region's economic, social, and political environment as it relates to rights violations; the
continuing need for greater human rights as the society develops; the nature of the primary
agencies within these two systems; and the tendency to expand the work of human rights agencies
as the population becomes increasingly aware of their existence.
Part I addresses the historical settings within which the two systems operate; Part II
covers
the legal bases for each system; Part III, the respective Human Rights Commissions; Part IV,
human rights courts; and Part V, additional implementation, e.g., via the Council of Europe's
Committee of Ministers.
A convenient summary is provided at the end of each book part, as well as a
thoughtful
bibliography for further comparative research.
Int'l Courts
Lasok & Vaughan (ed.), BUTTERWORTHS EUROPEAN
COURT PRACTICE (London: Butterworths, 1993) [581] -
The European Court of Justice (ECJ) is one of the four major institutions of the
European
Union, or EU (the others being the Parliament, Council, and Commission). It consists of thirteen
judges and six Advocates-General to assist the Court in performing its assigned tasks. The ECJ
adjudicates matters arising under European "Community" law--now referred to as the
European Union after the Maastricht Treaty. The fundamental purpose of this Court is to assure
the uniform interpretation and application of Community law. Its comparatively new Court of
First Instance is attached to the ECJ. This specialized court determines certain complex matters
brought by natural or legal persons, subject to a right of appeal (points of law only) to the ECJ.
Its essential purpose is to improve the protection of individual interests and to provide the ECJ
the opportunity to concentrate on broader Community concerns with uniformity. These two
courts are the judicial centerpieces of the EU.
This book is the essential cache of detailed guidance on presenting cases to these
courts.
There are comprehensive guidance notes in the various analyses written by those who practice
before these courts. These useful discourses provide both preliminary insights and more detailed
discussions of the perspectives of the judges and the advocates who assist them.
Part I (annotated materials) of the book addresses Court organization, representation
of the
parties, written and oral procedures, interim measures and damages, costs, legal aid, time
limitations, and service matters. Part II (unannotated materials) contains specific rules of
procedure relevant EU treaty provisions, the Statutes of the two courts, and some relevant UK
provisions (to illustrate the nexus between EU and UK law).
The information in this major work is accessible through a variety of mediums. The
frontal
Table of Contents provides a thirty-one page snapshot of the contents. There are integrated tables
that link relevant treaty provisions and location of analysis or quotation within the book. The
tables thus include a Table of (Community) Legislation, Other Treaties and Conventions, Statutes
of the Courts, Rules of Procedure (both Courts), Instructions to the Registrar, and Secondary
Legislation (Council regulations, directives, and Decisions). These front matter tables are
followed by a Table of Cases. From the perspective of one who is not a European practitioner, the
twenty-page Index appears to be well-conceived and sufficiently practical to facilitate ease of
access to the information contained in this work.
This is a comparatively expensive book--approximately $400.00 U.S.--although it
will
likely be considered as the ultimate handbook in terms of the extraordinary quality and
comprehensiveness of the guidance it has amassed for practitioners throughout the globe, who
will either practice in those courts or have to consult with one who does so.
SUMMARIES OF JUDGMENTS, ADVISORY OPINIONS AND ORDERS
OF THE
INTERNATIONAL COURT OF JUSTICE 1948-1991 (UN: 1992) [227] -
The eighty-nine documents in this UN publication are summaries of the Court's work
from
its initial Corfu Channel opinion through the 1991 Guinea-Bissau/Senegal maritime
boundary case. This is the very useful work product of the UN Secretariat and the Registry of the
Court, designed to facilitate the "Teaching, Study, Dissemination" function of the UN
Decade Program. It will be updated on a regular basis.
Each summary is about two to three pages, beginning with a brief statement of the
reason
for the case and its ultimate result. There is a convenient table of contents at the outset, which
lists each decision by a number assigned for the purpose of this particular book. There are also
bolded bracketed marks emphasizing the linkage between the varied phases of the same or similar
cases. Separate and dissenting opinions are also summarized, so that the reader may glean the
"whole picture."
This publication is a must for any collection involving the work of the ICJ. It
presents,
between two covers, a convenient summary of the essential work of the Court.
Int'l Crimes
Baldwin & Munro, MONEY LAUNDERING, ASSET
FORFEITURE & INTERNATIONAL FINANCIAL CRIMES (Oceana: 1993) [three
volumes] -
Lawyers and researchers interested in international financial crime management
should find
this entry of particular interest. While this review is prepared solely from advertizing materials, it
appears that interested Newsletter readers may want to inquire about this new tool from the
publisher.
Volume One contains an Introduction and information primarily on U.S. legislation,
including an analysis of the BCCI trial. This volume also carries details regarding international
organizational efforts to combat such crimes. Volume Two continues with a country-by-country
analysis of relevant legislation and analyses. Volume Three contains the various bilateral treaties
on point and a Bibliography. There will be a bimonthly update newsletter.
Int'l Economics
Kunig, Lau & Meng (ed.), INTERNATIONAL ECONOMIC
LAW: BASIC DOCUMENTS (2d ed. Walter de Gruyter, 1993) [834] -
The editors have conveniently assembled a very useful collection of treaties and other
regulations (all in force) which affect the economic aspects of the international community. The
materials concentrate on international organizational efforts of interest to users on the national
level as well - lawyers, economists, teachers, and researchers in this increasingly complex and
important branch of International Law. Between two covers, one may find a relatively
comprehensive snapshot of the essential treaties and documents of international economic law.
There are fifty-seven documents divided into two major parts - Part I: Institutions
and
Co-operation and Part II: Regulation of the International Economy. A succinct Introduction
provides a good snapshot of context, which supplements the user-friendly arrangement of the
materials.
Part I is divided into six subparts: (1) world-wide institutions (FAO, ILO, etc.); (2)
regional economic institutions (OECD, Rome Treaty, etc.); (3) commodity co-operation (e.g., the
OPEC Statute); (4) investment protection (e.g., ICSID); (5) intellectual property (including Paris,
Madrid, and WIPO Conventions); and (6) NIEO documents (e.g., 1974 UN Declaration).
Part II is divided into five subparts: (1) trade (GATT & Annexes and EEC
documents); (2) finance (e.g., IMF Articles); (3) transnational enterprises (UN Draft Code, etc.);
(4) competition (UN, OECD, GATT, EEC); (5) transport (e.g., ICAO & IMO Conventions).
In this era where there is increasing devotion to international economic trade blocs
and
international regulation of State and corporate activity, this is a handy potpourri of the significant
documents affecting a variety of fields - connected by the enhancement of international legal
controls premised on concerns about the disparate bargaining power of the players.
Int'l Organizations
ECONOMIC COMMUNITY OF WEST AFRICAN STATES: AN
OVERVIEW OF THE ECONOMIES OF WEST AFRICAN STATES (ECOWAS: 199_)
[136] -
As set forth in the preliminary commentary, the ECOWAS was established in 1975,
consisting of nine West-African French-speaking nations headquartered in Lagos: Benin, Ivory
Coast, Guinea, Burkina Faso, Mali, Mauritana, Niger, Senegal, and Togo. There is no table of
contents nor an index in this organizational primer; however, this publication is the compilation of
relevant market details about each member nation.
Each segment begins with a brief country study (comparable to the C.I.A.'s annual
World
Fact Book), statistical detail about local industries, trade trends, transport, finance, and financing
institutions. There is also a "Cost of Factors" section in each country study apparently
providing such details as costs of water, telephone service, fuel costs, air freight, pay, and fiscal
policy. This detail is also provided for some other african nations that are not members of
ECOWAS (Cape Verde, Gambia, Ghana, Liberia, Nigeria, and Sierra Leone).
This study does not contain any legal analysis although it may be useful for one
seeking
market information about this region or the mentioned nations. It could be the forerunner for a
more detailed study similar to Naldi's O.A.U. set reviewed in the last issue of this newsletter.
Feld, Jordan & Hurwitz, INTERNATIONAL ORGANIZATIONS: A
COMPARATIVE APPROACH (3rd ed. Praeger: 1994) [338] -
There has been geometric proliferation of both governmental and nongovernmental
international organizations since the close of World War II. With the demise of the Cold War, the
world's economy is effectively shaped by the policies of entities like the World Bank, IMF, and
GATT. There are a number of new economic trade blocs geared toward protecting this planet
from the global depressions associated with military conflicts of the past. Against this backdrop,
the editors have produced a handy guide which examines international organizations in the
contexts of regionalism and internationalism, governmental and non-governmental organization,
and perspectives associated with national versus international foreign policy objectives. The
scholar, teacher, and student will thus find this provocative approach useful in terms of assessing
the role of international organization in modern decision making at national and international
levels.
Access to the information contained in this text is facilitated by a number of useful
tables
and figures. These include the table listing the increase in such organizations, by year, from 1909
through 1992; the peacekeeping missions from 1948-1992; comparison of UN assessed dues and
(lesser) amounts actually paid.
This text provides comparative analysis of the many international organizations, and
is not
limited to the UN. It thus addresses trends including pluralist and decentralized organization.
There are also illustrative cases that depict the complex nature of certain organizations, in a way
that brings the data and analysis to life. This may be the best characterization of the major regional
organizations ever produced between two covers.
Lambert, THE UNITED NATIONS INDUSTRIAL DEVELOPMENT
ORGANIZATION: UNIDO AND PROBLEMS OF INTERNATIONAL ECONOMIC
ORGANIZATION (Praeger: 1993) [201] - After its establishment in 1966, UNIDO began to
coordinate U.N. activities in the field of international industrial cooperation. This publication
provides a detailed study of the political/legal mechanisms of the organization and is thus a useful
contribution to the study of international organizations.
It incorporates economic analysis and relations, including the role of the new
international
economic order as advocated by developing nations. It addresses UNIDO's operation as an organ
of the General Assembly, its jurisdiction (including operational and consultative activities),
internal structural organization, and its political agenda.
UNIDO has traditionally suffered a poor reputation primarily due to its inability to
handle
the global problem of national underdevelopment. The author presents the problems through his
perspectives on the political bases for its impotence. He also provides suggestions for improving
the efficiency of this organization, including the development of industrial investment codes which
would take account of different national experience levels. One refreshing aspect of this
publication is the author's willingness to "tell it like it is" so that the reader may better
understand the modes that might look good on paper but cannot survive the scrutiny of
day-to-day institutional defects.
Int'l Relations
Petersen (ed.), THE BALTIC STATES IN INTERNATIONAL
POLITICS (DJOF: 1993) [179] -
The Danish Institute of International Studies hosted the 1992 conference carrying the
book's title. One basic objective was to assess the empirical problems associated with emergence
of the newly-dependent Baltic States in international relations. The other objective was to develop
contacts between Nordic and other scholars in this relatively unexplored arena. Scholars from
each nation have thus provided their perceptions about a host of problems. There are some
significant similarities between their position in global politics after World War I and their current
regime in the aftermath of the demise of the Soviet Union.
The 1991 "rebirth" of these nations after fifty years of Soviet domination
provided a mixed blessing. With this new-found independence came the responsibility to develop
new dimensions in foreign policy (a problem not unique to that region of the world).
The individually-authored chapters by scholars in the region and a Danish
ambassador
address the difficulties with establishing a well-defined foreign service scheme, multilateral
structures, the difficulties with post-independence security matters, nationality problems including
the presence of many Russian citizens, and economic development.
This is an excellent reader for one who seeks parallels between other groups of
nations that
emerged in another era from colonial dominance. Just how will the Baltics compute in terms of
future trade pacts (EC) and military/political alliances (NATO)?
Law of the Sea
Hill et al. (ed.), FISHING IN TROUBLED WATERS:
PROCEEDINGS OF AN ACADEMIC CONFERENCE ON TERRITORIAL CLAIMS IN THE
SOUTH CHINA SEA (Hong Kong Univ.: 1991) [359] -
Approximately twenty authors conferred at the University of Hong Kong for several
days
in 1991 to address law of the sea problems in this troubled region rife with conflicting territorial
claims. These claims have been occasionally backed by political or military action and the
possibility of military confrontation remains a serious threat. Representatives from the PRC and
Viet Nam "were, at the last moment unable to attend."
One interesting conclusion was that the claimants in the national process of asserting
such
claims are too far apart in the many ways that were responsible for (among other things) the
insertion of a number of question marks on the territorial maps included in this text. The various
chapters in this text trace the specific dilemmas, deal with the related traffic control and
environmental concerns in the South China Sea, and provide suggestions about where the parties
should concentrate their dispute resolution efforts.
The juxtaposition of text and illustrative figures, organization into manageable
sections,
and light-handed editing to preserve the original flavor, all coincide to nicely make this publication
rather interesting reading for anyone who has or must travelled these waters in either the literal or
figurative sense.
Pharand & Leanza (ed.), THE CONTINENTAL SHELF AND THE
EXCLUSIVE ECONOMIC ZONE; DELIMITATION AND LEGAL REGIME (Martinus
Nijhoff: 1993) [404] -
This publication contains revised papers presented in seminars conducted by scholars
in the
law of the sea (LOS) at Ottawa and Rome in 1990. The various entries are presented in the
English and French languages. The perspectives within them contain Canadian and Italian views.
The original information promulgated in these seminars has been updated to include analyses of
the 1990 Guinea-Bissau arbitral award affirmed by the ICJ in 1991 and the 1992 French-Canadian
arbitration regarding the islands of Saint Pierre and Miquelon.
The first entry is an overview of the evolution of the LOS, focusing primarily on the
1982
Convention (which will enter into force in November 1994). Its first part addresses maritime
delimitation in general, including the work of international tribunals and developments in State
practice. The second part of the book focuses on the continental shelf and the EEZ, including
analyses of the rights of the coastal State, historic waters, environment, and scientific research
issues.
A remarkable feature about this publication is the graphic illustration of many
complex
regimes via charts and tables. These promote convenient and informative reader access to the
information presented in the various papers - regardless of the language used by the particular
scholar. The reader can quickly access useful information about the nature of national claims to
the various regimes of the LOS, a matter of great significance now that the lines demarcating
territorial and high seas have become blurred.
This book should appear on the "A" list of LOS scholars, international
practitioners, and legal advisors to governmental entities - particularly those with an interest in the
problems associated with the continental shelf and the EEZ.
Lawyers
KIME'S 1993-1994 INTERNATIONAL LAW DIRECTORY
(101st ed. Longman: 1993) [1089] -
This is an intermediate version of lawyer listings, with coverage falling somewhere in
between the multi-volume Matindale Hubbell listing and the abbreviated ABA version of such
guides (reviewed immediately below).
It alphabetically lists law firms practicing in "transnational legal fields." It
contains both selective and non-selective entries for nation from virtually every nation (and the
states of the United States). Omissions are not to be construed as adverse, partially due to the
need to obtain listed information from secondary sources which are not always complete.
Federated nations are listed in the front matter, so that the reader may quickly
ascertain
which subparts are included. Seventeen areas of Canada are thus identified for inclusion in this
publication.
Each country begins with Notes on the Legal System, providing essential information
regarding how practitioners are addressed, professional education, where they may appear,
language, and reading bibliographies for obtaining additional detail. This is the only information
provided for some nations. In most cases, however, practitioners are listed by address, telephone,
and fax number in addition to their specific areas of practice. This section occupies the first 867
pages of the book.
Two indexes follow. The first is a brief Index of Practitioners. All firms and
individuals are
thus listed alphabetically (not by country). The final two-hundred-page index is one of the best
features of the book. Practitioners are therein listed by subject area, from Administrative to Wills
and Probate. Each subject area then proceeds, nation by nation, to list practitioners in that area.
One who seeks counsel in another nation will find this particular publication both
comprehensive and indispensable to a transnational practice.
Silkenat & Hill (ed.), GUIDE TO FOREIGN LAWFIRMS (2nd ed.
ABA:
1993) [271]- The ABA's Section of International Law has produced another "hit" -
the revised edition of its version of the longer Martindale Hubbell and above-reviewed Kime's
international listing of lawyers. This publication is a handy but briefer listing of "known
quantities." It is a practical guide, rather than an encyclopedic inclusion of all possible
candidates for foreign legal advice.
The Introduction states that the contents have changed dramatically since the 1988
First
Edition. The listed firms are able to provide reliable advice about the contents of their local laws
when such issues arise in international dispute resolutions, particularly in the commercial context.
This Guide contains the usual disclaimer, that it is not an official recommendation to use the listed
law firms. One may, of course, presume that those included in the Guide are not being
not recommended (got that?).
The Guide covers all major trading partners, and a few others with whom
the
Editors have had positive experiences. There are approximately 140 nations listed (including
Canadian provinces). It does not include overseas law firm branches, i.e., both in and outside of
the home country (meaning that a firm would be listed only once when it has foreign branches).
Firms are also listed under their "home" city. Certain countries were omitted, in some
cases due to the disintegration of their home States (e.g., Yugoslavia).
This guide will be periodically updated to incorporate changed addresses,
qualifications,
personnel, and the like.
Nuclear Proliferation
Gardner, NUCLEAR NONPROLIFERATION: A PRIMER
(Lynne Rienner: 1994) [140] - I am a great believer in the use of graphs and tables to facilitate
access to content. This Lynne Rienner publication characteristically presents a number of such
entries for reader convenience. Table 4.1, for example, depicts the key events in the history of
nuclear nonproliferation from 1945-1993 (No. Korea). There is also a summary in the back of this
book for the busy reader interested only in the most superficial details. The Glossary is also useful
for a variety of readers.
This pamphlet opens with a fundamental science lesson in nuclear fission, nuclear
fuel
cycles, and reactors. One who is more interested in legal or political aspects of this process may
proceed directly to chapter four on the history of attempts to control nuclear weaponry. Chapter
five begins the book's legal/political paradigm for contemporary and future control, including
materials emphasizing the importance of the 1995 NPT Extension Conference of major concern
after North Korea's announced intent to withdraw.
This is the "who-what-where-when-between-two-covers" version of
nuclear
(non)proliferation since nuclear weapons were introduced into the world of international
decision-making. The Gulf War and demise of the Soviet Union are the concern of many
disciplines. This is a good reader for those who have not yet studied nonproliferation (arguably
characterized more aptly as "proliferation").
Peacekeeping
Davis (ed.), PEACEKEEPING AND PEACEMAKING AFTER THE
COLD
WAR (Rand: 1993) [34] -
This pamphlet summarizes a Rand Summer Institute workshop on contemporary
peacekeeping efforts. The participants included some nationally recognized experts from outside
of the Rand group and senior analysts from within it. The Editor is the Vice President of Rand's
Army Research Division. The views are not those of the U.S. government.
This report highlights some contemporary efforts to keep international peace
including UN
operations (such as Iraq & Yugoslavia) and the work of various regional organizations (in
and outside of Europe). It presents alternative peacekeeping approaches such as preventative
diplomacy and peace "building" for intrastate and international conflicts as well as
several norms for this kind of endeavor.
While there is nothing particularly new in this report, it is nevertheless a good
summary on
the essentials of what happened and why certain approaches did or did not work.
Private Int'l Law
Forsyth, PRIVATE INTERNATIONAL LAW: THE MODERN
ROMAN-DUTCH LAW INCLUDING JURISDICTION OF THE SUPREME COURT (2d
ed. Juta & Co.: 1990) [401] -
There is likely to be an insatiable interest in South African materials, now that the
1994
elections and international embargoes are history. The increasing trade with South Africa suggests
that international practitioners and conflict of laws instructors must be mindful of that nation's
new role in a global setting. This book is thus one of several profiled in the Newsletter, to help
bring readers "up to speed" on the essential jurisprudence of South Africa.
The author herein addresses a less controversial, more technical, and somewhat
neglected
areas of legal literature--South Africa's conflicts principles as well as the relevant jurisdiction of
the nation's Supreme Court. The first edition was also used in several other African nations,
including Botswana, Lesotho, Namibia, Swaziland, and Zimbabwe.
While the author's Preface is somewhat apologetic, in terms of perceived deficiencies
or
limitations of coverage, nothing therein impresses this reviewer as necessitating this form of
self-deprecation. Any one who hopes to instantly be able to predict what new business relations
with South Africa will entail should be delighted to have this useful resource at hand. (The one
limitation not expressed in the Preface is that the materials are updated through 1989.)
The opening bibliography of Principal Works Cited, provides a convenient insight
into the
materials available for quickly assessing the scope of available publications deemed relevant to this
author regarding South Africa's private international law. He also furnishes an extensive Table of
Statutes and Table of Cases.
The ten chapter titles are now stated in this review, so that readers may glean just
how
much information is available between two covers: (1) Introduction, including the doctrinal
paradigm; (2) history and theory, particularly useful for one not schooled in the Dutch-Roam
tradition; (3) conceptual problems (e.g., renvoi); (4) ascertaining foreign law; (5) law of domicile;
(6) jurisdiction of the Supreme Court; (7) family law; (8) contractual and delictual obligations; (9)
property; (10) recognition and enforcement of foreign judgments.
North, PRIVATE INTERNATIONAL LAW PROBLEMS IN COMMON LAW
JURISDICTIONS (Martinus Nijhoff: 1993) [218] -
This publication is the revised version of Oxford University Vice Chancellor North's
1990
lectures at the Hague Academy of International Law. It contains updated materials for the
following two years. The book emphasizes reform in non-U.S. choice of law rules in common law
jurisdictions.
The interest analysis phenomenon, spawned in the U.S. 1960s, was considered a
revolution
by continental European scholars. Commonwealth developments have also affected the traditional
rigidity in choice of law, but have received less attention. This book nicely illustrates and fills an
important gap in the comparative literature on the subject. While the "American
revolution" focused primarily on tort and contract, there has been an extensive
transformation in a number of other substantive areas of European conflicts jurisprudence. One of
several reasons is the comparatively greater need for more international co-operation in the
European setting, as opposed to the typical U.S. interstate conflicts context.
During the three decades of the U.S. interest-analysis approach, there has been a
tendency
toward creeping codification. The objective of this study is to trace the developments of what the
author characterizes as "Reform, but not Revolution" in the sense exhibited by the
U.S. Second Restatement of Conflict of Laws.
The seven chaptered areas of analysis are Domicile; Marriage; Divorce; Children;
Contract;
Torts; and Property. This book is a must for conflicts instructors who recognize the importance of
incorporating foreign conflicts developments into their courses. Practitioners dealing with the
E.C. and its members jurisdictions should obtain a copy if they wish to better predict the state of
the art in the other common law jurisdictions.
Voskuil (ed.), THE INFLUENCE OF THE HAGUE CONFERENCE ON
PRIVATE
INTERNATIONAL LAW (TMC Asser Inst. & Martinus Nijhoff: 1993) [142] -
This little book is a collection of individually-authored articles commemorating the
100th
anniversary of the Hague Conference on Private International Law. The front matter includes a
two-page chronicle of the seventeen sessions between 1893 and 1993 and the specific model
treaties adopted at each session. The Preface summarizes the development of precise uniform
rules for resolving international conflicts of law - respecting sovereignty but acknowledging the
rather general terms typically contained in national laws on this subject.
The articles illustrate how the conference and its treaty-making strategy have
changed. The
Hague Conference no longer restricts its efforts to comprehensive codification, harmonization of
conflict rules, and policy. The modern vocation of this institution is to create uniform rules of
private international law. In this sense, the Conference has shifted from a regional European
organization to one of global import, particularly with the modern emphasis on trade rather than
military partnerships.
The individual chapters include analyses of various Hague Conference themes as they
affect
choice of law in The Netherlands, Canada, France, Sweden, England, Portugal, Switzerland,
Australia, Luxembourg, and Germany. Topical treatments include the problems with host country
adoption of so many of the Hague Conference models, Swedish family law, the Child Abduction
Convention, nationality and personal status, as well analyses of the various Hague models as
applied in various European nations.
Pro Bono Opportunities
International Law Section of the District of Columbia Bar,
DIRECTORY OF PRO BONO OPPORTUNITIES IN INTERNATIONAL
LAW (Dist. Colum. Bar: 1993) [71] - This is the first edition of pro bono
opportunities in the Washington metropolitan area for assisting appropriate international agencies.
It was prepared by the bar association's International Section.
Some fifty organizations/institutions are listed that (a) are involved with International
Law,
and (b) could benefit greatly from volunteer legal assistance. The Bar Association is thus
encouraging area lawyers to include these institutions on their list of potential recipients of
pro bono legal services. The addresses, telephone numbers, and contact persons are
listed under each institution selected for inclusion in this bar association pamphlet.
The organization of this pamphlet is based on grouping the organizations by
categories:
arms control, international business, environment, human rights, immigration, "Rule of
Law" (e.g., USIA), and miscellaneous.
Statehood/Self-Determin.
Szabo, THE DIPLOMACY OF GERMAN UNIFICATION (St.
Martin's Press: 1992) [162] This book is the initial chronology and analysis of the latest
reunification of Germany (since 1871). Although many documents remain classified, the author
(who has written in this field before) is thus able to provide a contemporary analysis while events
are still "fresh."
The author drew from a variety of sources: memoirs (including West Germany's
National
Security Advisor), archives, and interviews of key officials in East and West Germany.
The book opens with a helpful five-page chronology of the diplomatic events
associated
with unification. The book's nine chapters begin with the three-way posture (US, Soviet, and
German) during the Cold War. It presents and then analyzes the events in 1990 which established
first the preconditions for negotiation and then the various conditions attached to this successful
diplomatic venture. The book closes with an appendix containing the six-nation treaty of
unification consisting of ten relatively brief articles.
This text is a good reader for one who is undertaking comparative studies involving
diplomacy, statehood, and related matters in an era where the international community is
proceeding in the other direction - breaking States apart rather than unifying them. Students of the
two Chinas, two Koreas, and the like are likely to find this work quite useful in ascertaining the
conditions for successful unification diplomacy.
Tomuschar (ed.), MODERN LAW OF SELF-DETERMINATION
(Martinus
Nijhoff: 1993) [347] -
1960 marked the formal commencement of the drive toward self-determination, with
the
promulgation of U.N. General Assembly Resolution 1514 (XV). What was then perceived by
many developed nations as a revolutionary declaration became far more commonplace over the
ensuing decades, culminating the major work of Resolution 1514 with the 1990 admission of
Namibia into the U.N. The General Assembly's Fourth Committee remains tasked with the
oversight of those territories which still rely on the support of a particular nation for their ultimate
self-governance.
This book raises the daunting question of whether the right to self-determination has
nevertheless faded or lost significance. Will its exercise today lead to further fragmentation of
States. Proposed answers were presented by a panel of European scholars who met in Bonn in
1992. The fruits of their intriguing analyses are presented in this publication. The first entry is the
editor's introductory work regarding self-determination in the post-Cold War colonial world. The
other analyses analyze the right of secession, indigenous peoples, alternatives top secession, and
self-determination as a limit upon obligations under International Law. The ten annexes contain
the relevant U.N. resolutions/declarations, the ILO's Convention on indigenous and tribal peoples,
as well as CSCE and EC declarations.
This work is a highlight in the literature on a critically important subject that surfaced
with
a fury after the demise of the Cold War. In an era fraught with a major transformation of
sovereignty to smaller entities, this title provides excellent insight into the development and
current state of the art for any reader desiring both a primer and a well-reasoned work on the
subject of self-determination.
Trade
Jackson, THE WORLD TRADING SYSTEM: LAW AND POLICY
OF INTERNATIONAL ECONOMIC RELATIONS (6th printing MIT Press: 1994) [417] -
This is a well-written primer on the intricacies of GATT in operation. The analysis
addresses the interplay of GATT and U.S. trade law and GATT's future role in international trade.
It also addresses other organizations, although the primary emphasis is on GATT.
Jackson's book deals with trade policy. It authoritatively analyzes this theme in the
context
of the legal, constitutional, and political realities affecting the policy considerations that drive the
system. It wisely provides the interdisciplinary perspective necessary for comprehending the maze
of factors which determine its course. The author defines the economic basics as well as the more
complex non-economic propositions which often produce a conflict in policies.
The chapter organization begins with international economic policy in both national
and
international contexts. Later chapters overview the highlights of the GATT, including MFN
status, NTBs, dumping, subsidies, developing nation treatment, and non-market economies. The
book closes with an analysis of GATT as the world's trade constitution and prospects for future
viability and the ability to adapt to changing paradigms.
Jackson's work is thus presented in a very convenient paperback format, thus making
it an
economically indispensable guide for one who wishes to quickly grasp the essentials of the
worldwide trading system.
Stewart (ed.), THE GATT URUGUAY ROUND: A NEGOTIATING
HISTORY
(1986-1992) (Kluwer: 1993) [two pamphlets] -
The publisher has produced an extensive three-volume set of materials providing the
essential details about the recently concluded Uruguay Round of GATT. These volumes may be
purchased individually--and, there are individual chapters available as described below.
Volume One: agriculture, textiles, tariffs, natural resources, tropical products, NTBs,
subsidies, countervailing measures, and MFN agreements. Volume Two: antidumping, GATT
articles, Functioning of the GATT system, investment measures, intellectual property, services,
and dispute resolution. Volume Three: documents, including the early, mid-term, and final
conventions.
While I have not seen the three main volumes, the publisher was kind enough to
provide
two of the individualized chapters. The Introduction and Overview. As stated in the
author/editor's Preface, his law firm began an internal review of the GATT negotiating process in
1989, which culminated in the production of these volumes and individualized chapters. This
particular pamphlet summarizes the meat of the three volumes by providing the details about
who/what/when/where/etc. There are useful charts which compare key items such as between the
EC draft and the "Dunkle" draft on the draft agricultural agreements. This is a very
useful method for presenting the gist of the overall publication in a succinct context. The other
pamphlet is the chapter on "The Functioning of the GATT System." This is an
excellent primer for anyone who desires a brief overview of the functioning of the GATT system.
Other individual chapter-pamphlets cover antidumping, subsidies, dispute settlement, intellectual
property, investment measures, services, textiles, agriculture, and MTN agreements. The
publisher apparently intends to produce additional individualized chapters.
The novel marketing approach for this collection recognizes that many readers want
only
certain volumes or certain chapters. This refreshing attitude should make this the premiere
collection on the Uruguay Round.
Treatises/IL
Canada
Kindred (ed.), INTERNATIONAL LAW: CHIEFLY AS INTERPRETED AND
APPLIED IN CANADA (5th ed. Emond Montgomery: 1993) [957] and
DOCUMENTARY SUPPLEMENT TO THE FIFTH EDITION [Hardbound 148] -
This is Canada's "Oppenheim." It is a collaboration of eight of the
nation's
International Law scholars. This edition contains new materials on environment and limits on the
use of force, as well as expended materials on human rights and the other traditional doctrinal
elements of the field. The Documents Supplement contains a dozen of the major international
agreements. This set would be a useful general reference text for practitioners (particularly
Canadian) in addition to an advanced presentation of the substance (similar to the Brownlie
treatment) for advanced students of International Law. Students, teachers, and practitioners
seeking further guidance will appreciate the generous sampling of authority found both in the text
and in its extensive serviceable footnotes. The publication includes a number of abbreviated case
passages which serve to illustrate the point previously defined in the textual treatment. It is an
enlightening blend of case materials and treatise-like text for the teacher who prefers the best of
both teaching paradigms.
As noted below regarding the Philippines text reviewed in this issue, it is becoming
increasingly important to broaden one's perspectives about just how other nations perceive the
substance and operation of International Law. This Canadian version not only provides many
global essentials (including national and international cases from all over the world as well as
materials from the Canadian Yearbook of International Law), but also the many matters of
interpretation which are covered by gap-fillers such as this book - with its emphasis on Canadian
clarifications.
Nigeria
Umozurike, INTRODUCTION TO INTERNATIONAL LAW (Spectrum: 1993)
[261] -
This is a welcome addition to the literature on the basics of International Law. It is
rich in
the African perspectives not found in many western texts (partially due to lack of access to
original materials). It is geared toward undergraduate law study - the standard in many nations
other than the US. The author also provides useful political perspectives so that nonlegal factors
are not underestimated, an occasional fault with certain publications in this field.
The principal subjects are treated in this brief introduction to the subject - sources,
national/international law relationship, State responsibility, human rights, environment, and the
like. It is well-written and nicely adorned with both substantive commentary and detailed research
references for additional endeavor.
This is a good reader for one who is interested in reading the work of an African
publicist,
although there are no surprises.
Philippines
Paras, INTERNATIONAL LAW AND ORGANIZATIONS (5th ed. Manila: Rex
Printing, 1985) [451] -
Although the Reader's Corner reviews only recent publications, this book (now in its
Fifth
edition) presents a useful basis for deviation. I have experienced difficulties over the years in
gathering English-language materials on the general subject of International Law. This is a useful
addition to the treatises on the subject.
The author's format is familiar in terms of a blueprint for attempting to describe this
expansive field between two covers. The Appendixes, for example, contain the UN Charter and
the Statute of the ICJ. Chapter One opens with the usual preliminary considerations which in turn
open the doors to the serious student of International Law. It is interesting, however, that a
noticeable degree of useful detail is included in this relatively small treatment of the field. The
author is fortunately very definition-oriented. This makes the book both a good adjunct for
acquiring extrinsic perspectives and comprehendible for the newcomer/student. The author states
in an earlier Preface (1975 edition), for example, that martial law in the Philippines is
"compatible with true democracy and republican concepts."
Philippine perspectives are thus emphasized, including in the history of International
Law
chapter "The Philippine Claim to North Borneo" and "Some Legal Questions
on Our Sabah (No. Borneo) Claim." On the other hand, there is the usual doctrinal
coverage of many common themes in the field of International Law.
Treaty Documentation
Hoog & Steinmetz (ed.), INTERNATIONAL CONVENTIONS
ON PROTECTION OF HUMANITY AND ENVIRONMENT (Walter de Gruyter: 1993)
[628] -
The publisher has inaugurated a novel idea with this work: providing the full-text
version
of a prominent group of treaties--all related to humanity and the environment. This book thus
consists of fifty-eight such multilateral treaties (English version) which are open to universal ( as
opposed to regional) subscription, covering the norms--or potential norms--involving fundamental
human rights and humanitarian needs in relation to armed conflict and the environment. This
collection thus focuses on humanitarian safeguards relating to internal interests, rather than on
external relations between nations.
The selected multilateral treaties fall into three areas. The first contains the sixteen
treaties
relating to basic human rights--the International Covenants & their Protocols, Genocide,
Racial Discrimination, Forced Labor, Torture, Slavery, Women, Children, and Refugees
conventions. The second area of selected documents is the nine armed conflict
conventions--including the Chemical, Geneva, and Nuclear Stockpiling treaties. The third (and
largest) collection covers the environment. There are twenty-three such conventions in this part of
the collection, a welcomed emphasis in view of increased global recognition of the importance of
this Twenty-First Century dilemma. The treaties incorporated into this last section of the book
include those governing the protection of the marine environment, endangered plants and species,
hazardous waste, air, nuclear, and climate conventions.
Given the contemporary assault on the Westphalian concept of "State,"
which
has occupied the center of international attention for so many decades, the editors have shrewdly
collated the integral parts of an emerging treaty-based paradigm that will emphasize the
internationalization of the State's internal affairs, rather than paying homage to the almost-rigid
way in which sovereignty has been perceived during the State-oriented development of
International Law in modern times. This collection will undoubtedly occupy the shelves and
working areas of those collectors in need of materials that will have to usher in the new
millennium.
Tribunals
Bengoextea, THE LEGAL REASONING OF THE EUROPEAN
COURT OF JUSTICE (Oxford Univ. Press: 1993) [294] -
Professor Bengoextea of the University of the Basque Country herein presents an
historical
analysis for comprehending the work of the European Court of Justice (Luxembourg) in its role of
interpreting EC law. It is a book on legal theory about the scope of the law of the EC and of
particular interest to those in need of theoretical constructs about this particular Court (through a
survey of some seventy judgments).
Its theoretical approach first examines how to conceptualize the main features and
sources
of EC law rather than its substantive law as such. The book then addresses with the Court's
justification process for supporting its decision-making.
The book raises the familiar question (a la D'Amato) of whether EC law is really
"law." It is common practice to characterize the law of such courts as somewhere in
between State law and International Law.
Part I is European Community Law and Legal Theory on sources and institutional
positivism. Part II is Legal Justification at the ECJ - on the theoretical underpinnings of just how
the Court goes about justifying both its clear and its difficult cases. One should consider this book
a good historical source, particularly with establishment of the Court of First Instance (1989) -
which is not yet addressed in book form in this or any other similar work.
United Nations
Dirks et al., THE STATE OF THE UNITED NATIONS, 1993:
NORTH-SOUTH PERSPECTIVES (ACUNS: 1993) [101] -
The Academic Council on the United Nations System publishes periodic reports that
are
very useful and authoritative. This particular organization was formed in 1987 and now
enjoys NGO observer status at the UN. One key Council objective is to link scholars and the
officials of various international organizations.
Five Canadian-based scholars herein join to overview the familiar problem of the
so-called
North-South division of nations from a new perspective. Rather than assessing the focal priority
and areas and related performance of the UN, this study addresses North-South international
relations and the UN in terms of four fields of endeavor: (1) UN reform; (2) nuclear
nonproliferation; population migration; and (4) regionalism/global trade regimes. The first chapter
on UN reform in the '90s focuses entirely on the UN, but the remainder approach the above
themes with a North-South emphasis.
This study contains the following major conclusions: the UN system as presently
constituted cannot meet the needs of the "South." Where global solutions are most
necessary, the UN is most "marginalized" (non-proliferation & migration).
War Crimes
Levie, TERRORISM IN WAR: THE LAW OF WAR CRIMES
(Oceana: 1993) [721] -
Iraq's torching of Kuwait's oil fields, while in retreat during the Persian Gulf War,
added a
new dimension to the awareness of the lay public to the linkage between international terrorism
and the law of war crimes. The author's personal experiences with a battlefield war crimes
prompted him to produce this extensive compilation of the history and relevant documentation of
war crimes in this context.
An extensive bibliography and Table of Official Documents at the end of the book
supplement the generous but not overly done footnoting which provides access to more detail
regarding the textual references. The sometimes "longish" sentences and paragraphs
do not seem to detract from the otherwise well-cultivated substance provided in most passages.
This treatment opens with a chapter addressing the Nazi war crimes prior to and
during
WWII. The first four chapters deal with the Japanese and German war trials scenarios. A very
useful Chapter VI addresses procedural conundrums regarding jurisdiction, extradition, trial, and
punishment. Chapter VII analyses conventional war crimes, in twenty-nine specific subsections on
the different crimes.
This text would be a useful reader for those who need details regarding the historical
backdrop for the ongoing "Yugoslav" war crimes trial process.