Readers' Corner
I attempt to provide a capsulized summary of new publications in each issue of the
UNDIG Newsletter. There has been a rich vein of international publications this year which
should be of interest to UNDIG members.
These reviews are listed first under the pertinent heading, and then in alphabetical order by
author's last name. (The parenthetical information includes the publisher's name and date of
publication.) The publisher's address is provided on the last page of this issue of the newsletter.
[The bracketed information gives the number of pages, and whether the book is published in
paperback format.]
Arbitration
E. Paasivirta, PARTICIPATION OF STATES IN INTERNATIONAL
CONTRACTS AND ARBITRAL SETTLEMENT OF DISPUTES(Finnish Lawyers' Pub.,
1990) [357:paper] -
Although published several years ago, the distinctive nature of this book makes it worthy
of note in our Newsletter reviews. As States continue to enter into contracts with private foreign
enterprises, a book-length study of this phenomenon may serve as a basis for predicting results in
arbitral and judicial practice. This book is the revised version of the author's thesis submitted to
the Faculty of Law at Cambridge (and the basis for the award of the Ph.D.). It should be of
interest to practitioners or international business professors seeking a general reader on the
subject of international commercial arbitration with an emphasis on State/private contract
disputes. It may also be useful for studies/courses involving the relation between multinational
corporations and State strategy regarding foreign enterprises.
This book is organized in four parts: Introductory (specific legal issues including
nationalization, expropriation, foreign investment, binding force of arbitration agreements);
Choice of Law (including arbitral powers); Substantive Law (including unilateral termination and
remedies); and the Epilogue regarding the development of the International Law of contracts,
recognition and enforcement, and emerging private justice model.
In addition to being well-written, it provides extensive documentation for those interested
in further research. The thirty-page bibliography collects most of the major writings throughout
the world which touch upon this theme.
Arms Race
G. Hammond, PLOWSHARES INTO SWORDS: ARMS RACES IN
INTERNATIONAL POLITICS, 1840-1991(So. Caro. Press, 1993) [342] -
This book definesthe arms race, as well as placing its current impact into a
"whole picture" spanning the period of 1840 to the present. The unusual feature
about this treatment of the arms race is the author's decision not to confine it to the international
context. His analysis also focuses on the effect of arsenal-building on a nation's
internalaffairs. The use of case studies helps to illuminate this chronicled account of the
global arms race. He thus provides insight into why this national conduct serves the opposed
notions of both instigating and simultaneously preventing war.
The work consists of four parts: Analyzing Arms Races (definitions and cause);
Arms
Races and Systematic Change (do arms cause or control war potential); the Nuclear Era (bombs,
missiles, space races, and whether the Cold War was in reality an arms race); and Conclusions. In
this latter part, the author reviews the panics, compares how nations analyze their respective
interests, the systemic impact of an arms race on peace and war.
There is a rather provocative appendix entitled Thinking About Arms Races. This
could be
a separate part or chapter. It briefly raises some fundamental questions regarding assessment (e.g.,
diplomatic), game theory, economic waste caused by arms races, etc.
This will be a useful reader for Society members reading on or teaching political
science or
government courses that address arms and their impact on balance of power and international
relations--a phenomenon that did not end with the Cold War and may never do so short of
annihilation.
Diplomacy
P. Kent & J. Pollard (ed.), PAPAL DIPLOMACY IN THE
MODERN AGE(Praeger, 1994) [288] -
Vatican City is the site of the Apostolic (or Holy) See--the central government of the
Roman Catholic Church. Its Head of State, the Pope, exercises a unique spiritual reign over the
world's Catholics. The premises of this tiny State are located near Rome, based on a 1929 treaty
with Italy. The Vatican City State is the only religious entity that has achieved governmental
recognition as a sovereign State. It has also maintained the longest tradition of diplomatic
initiatives of any sovereign entity. Since the time of the Emperor Constantine in the Fourth
Century A.D., the Pope has received numerous foreign delegates. The Vatican currently maintains
diplomatic relations with more than 120 nations.
The recent interest in papal diplomacy has generated this well-documented
publication
about the work of this unique "State"--which has played a more prominent role in
international affairs than many people realize. The Pope divided the Atlantic between Spain and
Portugal in 1493. In 1867, the US Congress withdrew funding for a US delegation to the
"Papal States." In 1989, it was the Vatican Embassy where Panama's Noriega was
housed immediately after the US invasion. Only the Vatican has recognized the current military
government of Haiti. The Vatican finally recognized the State of Israel in December of 1993.
This publication is a collection of eighteen individually-authored chapters, covering
all
aspects of Vatican Diplomacy. The first six chapters provide the historical backdrop. The
remaining chapters address specific relations including: Ireland, Germany (during the Holocaust),
Italy (during WWII and the bombing of Rome), Yugoslavia, Lebanon, Israel, Nicaragua, and the
US.
This book is not only interesting reading--it provides the details of an almost
forgotten
aspect of international relations forged by the only religiously-oriented entity currently enjoying
legal capacity as an international person. It provides a useful analysis of a "State"
without a military arm, occupying a microscopic territory on a world map filled with powerful
States, and at a time when many commentators fear that religious fundamentalism may be a
potential replacement for conflicts suppressed during the Cold War.
Environment
E. Urbani, C. Rubin & M. Katzman (ed.), TRANSNATIONAL
ENVIRONMENTAL LAW AND ITS IMPACT ON CORPORATE
BEHAVIOR(Transnational, 1994) [354:paper] -
This book resulted from a 1991 symposium sponsored by the Boston law firm of
Goodwin,
Proctor & Hoar, assisted by the Fletcher School of Diplomacy. There are twenty-one
individually-authored chapters by experts in law and business regarding the environmental
regulation of corporations.
The Cold War pre-occupation with controlling nuclear war the emasculated a
broader and
deceptively gentler concern--the preservation of nature and its various species while
simultaneously improving the general condition of the people who inhabit the earth. As stated in
the Preface, this symposium was "free from the political and media theatrics of the Rio
Conference." The participants, including high-ranking participants in environmental control,
were thus able to produce this dialogue on the relation between national, regional, and
international controls on what has become the popular term "sustainable
development."
The coverage is comprehensive, and thus a useful guide to worldwide developments
and
expectations. There are specific country case studies (e.g., the former Czechoslovakia and
Mexico), regional reviews (e.g., the European Community and some other institutions), and
broader attempts at multilateral control.
This book is a useful collection of the corporate response--an insight into the degree
to
which one can expect a full and timely resolution of this increasingly life-threatening undertaking.
The panelists discuss the impact of the media, environmental treaties on corporate strategies,
enforcement techniques, and information gathering under the Basel Convention. In an era when so
many have called for a brisk resolution of the "sustainable development" problem, it is
refreshing to see a book that manages to bring together the solution and problems with the
solution which integrate economic reality. This particular publication provides a timely and
provocative analysis including corporate responses to the host of current environmental concerns.
Expropriation
A. Mouri, THE INTERNATIONAL LAW OF EXPROPRIATION AS
REFLECTED IN THE WORK OF THE IRAN/U.S. CLAIMS TRIBUNAL(Martinus
Nijhoff: 1994) [567] -
There have been a number of developments in the law of expropriation involving the
traditional Western and the newer articulations as exemplified by the 1974 UN General Assembly
Resolution declaring the New International Economic Order--with the related objectives of
establishing the primacy of national over International Law and of facilitating an equitable
redistribution of the world's wealth. The author thus contributes a book-length treatment of
expropriation perspectives as exemplified by the work of the US/Iranian Claims Tribunal.
The book opens with a table of cases in the Tribunal, as well as in other international
forums; a bibliographical list of other relevant publications, legislation, treaties, etc. that deal with
expropriation. A following introductory section contains the original Algiers Declarations, the
Tribunal's jurisdiction, appointment of arbitrators procedures, and applicable law, including the
mushy provisions such as to "decide all cases on the basis of respect for law," and to
decide "in accordance with international law" (which have not been raised much by
the parties who do not want to lengthen the proceedings. This publication is divided into four
parts: (One) defining expropriation and measures that thus affect property rights; (Two) liability;
(Three) Compensation; and (Four) Valuation of assets. Part One thus addresses what isa
property right, for purposes of determining what constitutes expropriation, as well as identifying
the relevant State measures short of nationalization. Part Two then discusses attribution, burden
of proof, and defenses such as force majeure. Part Three on compensation covers
applicable law, unjust enrichment, elements affecting the standard of compensation, etc. Part Four
then deals with methods of evaluation ("Fair Market Value" and a host of other
valuation methods).
This work is well-written, exhaustively researched, and apparently all-inclusive in
terms of
coverage of the essentials of expropriation from the perspective of the US/Iranian Claims
Tribunal. It would suit the international practitioner who is attempting to advise clients on
contemporary expectations regarding the consequences of the various forms of expropriation.
Fellowships
FELLOWSHIPS IN INTERNATIONAL AFFAIRS: A GUIDE TO
OPPORTUNITIES IN THE UNITED STATES AND ABROAD(Lynne Rienner Pub.,
1994) [193:paper] -
The Women in International Security group (WIIS) at Lynne Rienner publishers in
Boulder
has promulgated information regarding scholarships and grants in the international securities area
for some time. This booklet now makes that information available on a wider basis.
Entries are derived from several sources which include similar books, computerized
databases, academic journals, and newsletters. The WIIS group has verified the availability of the
contents from known grant-making organizations. The fellowship/grant information is not limited
to one country.
Fellowships are arranged alphabetically by organization. There is a brief description
of the
fellowship or grant, qualifications, and addresses for further information. Stipend amounts,
duration, application procedures, and deadlines are also included. Access to the approximately
200 entries is virtually assured by the cross-referencing in three separate indexes.
This guidebook is a useful addition to the literature on research opportunities and
careers
in international affairs.
Feminist Perspective
STRATEGIES FOR CONFRONTING DOMESTIC VIOLENCE: A
RESOURCE MANUAL(UN: 1993) [122:paper] -
Anyone who attended either of the last two Annual Meetings of the ASIL hopefully
digested presentations focusing on an emerging feature of the varied perspectives about
International Law: the feminist perspective. As a result, one may now question the use of the term
"domestic" law, as a synonym for municipal or national law--because International
Law has "forgotten" or "ignored" the rights of women in a sense that is
much deeper than the several international instruments on point. Such matters are routinely
perceived as falling within the ambit of "domestic" law, leaving International Law to
address the "important" matters like State relations, International Organization, etc.
This booklet thus focuses on a matter of increasing importance to UN agencies: the
domestic violence that appears at all levels of society. Its production arranged by the UN Office at
Vienna Centre for Social Development and Humanitarian Affairs, and supervised by the Canadian
Department of Justice with assistance by the Helsinki Institute for Crime Prevention and Control
(affiliated with the UN). As stated in the Preface:
- Governments can no longer ignore the problem of domestic violence:
international pressure to do something about the urgent situation calls for an immediate response.
This booklet contains ideas for more directly forcing the attention of governments on
"all aspects of violence directed against women, children, the elderly and the disabled which
take place within their homes." This is, as this UN booklet notes, "a serious human
rights violation." The Editor has thus chosen not to "bury" this review in the
general category below of Human Rights.
The various parts focus on: (1) understanding the problem; (2) using the law to
respond to
domestic violence; (3) improving the criminal justice system in ways to more directly address this
problem; (4) applying interdisciplinary approaches; (5) responding to victims ("female
partners"); (6) working with perpetrators ("male partners"); (7) training
practitioners; and (8) gathering and sharing information.
Human Rights
HUMAN RIGHTS: A COMPILATION OF INTERNATIONAL
INSTRUMENTS(UN: 1994) [950:paper] (two volumes) -
These two paperbacks were published by the Centre for Human Rights in Geneva in
connection with the 1993 World Conference on Human Rights in Vienna. They contain both the
backbone and the details of current human rights instruments throughout the UN system (through
March 31, 1993).
The first volume opens with an introduction summarizing the so-called International
Bill of
Human Rights. Other documents in these volumes include related the entire range of international
resolutions and instruments. The end of each volume also carries a useful six-page List of
Instruments in Chronological Order of Adoption (and dates).
The first volume concentrates on the documents of the UN and its agencies. The
second
volume focuses on those of regional intergovernmental organizations. These volumes are thus a
convenient collection of the universal and regional instruments which will be a useful and
inexpensive addition to any human rights library. The Status of International
Instrumentswould be a useful companion paperback volume for such a collection (UN: 1987
or latest edition).
H. Tolley, THE INTERNATIONAL COMMISSION OF JURISTS; GLOBAL
ADVOCATES FOR HUMAN RIGHTS(Univ. Penn. Press, 1994) [355] -
The privately-constituted International Commission of Jurists was founded in 1952 at
Geneva, Switzerland. It was designed to seek governmental compliance with human rights norms.
This work discusses its development and work through 1993. A three-page appendix lists the
nations and organizational listing of affiliates.
The author describes its genesis as the US Central Intelligence Agency, as a vehicle
for
countering a Soviet lawyers' organization considered a potential threat to US interests. It is now
described as escaping its original narrow focus after the 1967 exposure of CIA funding which
ceased immediately. This private international organization has since sought the implementation of
civil liberty and remains funded by various European governments and private organizations. The
organization has attempted to promote world citizenship, adoption of various UN-sponsored
human rights conventions, and has engaged in its own form of both quiet diplomacy and public
denunciations. The book consists of six parts spanning the forty-year history of the
"ICJ" (not necessarily the best choice for an acronym): Cold Warriors Against
Socialist Legality; Liberal Idealists for the Rule of Law; NGO Pioneers for International Human
Rights; Elite Advocates for Economic and Social Justice; Third World Leadership for a New
Order; and Conclusions.
One who is oblivious of the work of this body, or researching private human rights
groups
operating on a multilateral basis, might consider this book as the basic discourse on the work of
the International Commission of Jurists.
Int'l Organization
A. Bloed (ed.), THE CONFERENCE ON SECURITY AND
CO-OPERATION IN EUROPE: ANALYSIS OF BASIC DOCUMENTS,
1972-1993(Martinus Nijhoff: 1993) [1337] -
Professor Bloed has done it again! When published, his 1990 From Helsinki to
Vienna:
Basic Documents of the Helsinki Process(Martinus Nijhoff, 1990) was probably the foremost
collection of basic documents on the CSCE. With the publication of this 1993 collection, one can
no longer complain about the paucity of documents on the expanding CSCE process--now
fifty-three State members strong.
The initial chapter is a 118-page comprehensive analysis of the CSCE process and its
role
in European unification. After reading this introduction, one may conclude that Professor Bloed
has aptly illustrated how this particular international organization may one day outdistance the
European Union (EU), from the perspective of full European integration.
This work is basically a collection of the major CSCE documents from inception
through
1992. There has been a significant change from the Cold War confrontation to the current phase's
co-operation. In the early years, the variousness of the member States, on both sides of the Iron
Curtain, impeded the organization. Now that the Cold War limitations have been cast off, the
CSCE appears to be maturing in terms of permanent organs and improved operational
effectiveness. It process explores the possibility of a much wider integration that just the
economic penchant of the EU.
Seven groupings of documents follow. The subheadings describe the general content
of
each: (1) CSCE Meetings; (2) CSCE Council of Foreign Ministers; (3) excerpts from the
Documents of the Committee of Senior Officials; (4) CSCE Parliamentary Assembly; (5) selected
materials from the High Commissioner on National Minorities; (6) selected Reports of the CSCE
Missions; and (7) miscellaneous documents, including 1990 CFE Treaty, the 1992 Personnel
Strength Convention, and the 1992 Treaty on Open Skies.
There is a four-page Selected Bibliography (and a useful Index). Overall, one who is
working with European integration, international organization, regional treaties, and a host of
other substantive topics should consider this publication a "must" and prepared by the
individual who may be the foremost author in this facet of international organization (Associate
Professor, University of Utrecht, The Netherlands).
S. Croft (ed.), THE CONVENTIONAL ARMED FORCES IN EUROPE
TREATY:
THE COLD WAR ENDGAME(Dartmouth, 1994) [283] -
The prior review of Prof. Bloed's work(s) on the Conference on Security and
Co-operation
in Europe sets the stage for this review of one of the CSCE's significant achievements--facilitating
the CFE Treaty of 1990 (Paris), the 1992 revisions regarding ex-Soviet States, and the so-called
CFE 1A agreement regarding declarations of maximum levels for military personnel.
The book consists of ten individually-authored chapters, an increasingly familiar
mode for
providing in depth coverage via input from a group of experts in the field.
This publication examines many of the lofty statements surrounding the conclusion of
this
treaty--such as "conventional arms control is dead." The treaty itself is examined,
including the legal and political bases for limiting any future European arms race. Also, this book
uses the treaty as a lens through which to view the "Cold War endgame" in Europe.
This is the treaty that will, one hopes, enhance European security. The various chapters thus
address the numerical limitations and their likely effect. There is also the question of defining
weapons subject to the provisions of the treaty. What will be the role of NATO? Of the CSCE?
Of the continuing political turmoil in Moscow?
This treaty will have a significant impact in the Twenty-First Century. This book will
be a
useful resource for gathering relevant perspectives on the CFE Treaty.
M. Simai, THE FUTURE OF GLOBAL GOVERNANCE: MANAGING RISK
AND
CHANGE IN THE INTERNATIONAL SYSTEM(US Inst. Peace, 1994) [402:paper] -
Now that there have been a number of recent studies on UN reform, the academic
environment is swarming with analyses of various "how to's." This book provides a
broader and provocative perspective on the theme of global governance in general. It is a
verywell-written reader, of particular use for our political science and government Society
members teaching courses involving international organization.
The author essentially offers a product that suggests global measures for improving
multilateral risk management and assessment without idealizing or actually concentrating on just
the UN. This is another in his series (over several decades) on this theme, with particular emphasis
on the contemporary changes in sovereignty that affect the global control of today's significant
international problems. The basic analysis addresses the major changes confronting the world at
this time (environmental, economic, etc.) and the adjustments needed in order to promote peace
and stability.
The organization of this book consists of the following five parts: The Conceptual
and
Historical Development of Global Orders; Continuity and Change in the International Political
System (in various regions of the world); Conflict and Co-operation in the Changing Global
Economic System; Multilateralism of the 21st Century in the Making (post-Cold War politics and
institutional governance by IGOs); and Holding the World Together (more States, new interests, a
world without blocs, etc.).
M. Sheridan, J. Cameron & J. Toulmin, EFTA LEGAL SYSTEMS: AN
INTRODUCTORY GUIDE(Butterworths, 1993) [various pagings:paper] -
Prior to beginning this review, it should be noted that any primary research on the
legal
systems of the seven EFTA countries should begin with this handy compendium of their
respective legal systems. Thus, this book will be useful for anyone doing comparative law
research--or in need of fundamentals regarding the legal systems of Austria, Finland, Iceland,
Liechtenstein, Norway, Sweden and Switzerland.
The European Economic Area Agreement (EEA) of 1992 was initially signed
between the
twelve nations of the European Community (now European Union or EU) and the seven members
of the European Free Trade Association (EFTA). (Switzerland and Liechtenstein did not become
parties to the EEA.) The essential EEA objective is to broaden participation of all nineteen
nations in Europe's ongoing internal market strategy. A number of the EU rules have been
incorporated into the EEA process to achieve a greater degree of unity.
There are, however, at least two sets of rules--those of the European Union and
those of
the EFTA nations. A special EFTA Court is expected to resolve disputes and assure uniform
application of the EEA agreement to both groups. At present, practicing European lawyers and
those who consult with them must recognize the existence of the legal regimes of both the EU and
the EFTA nations. Unless all EFTA members join the EU (five of seven have applied),
practitioners will have to keep track of "EEA" law in addition to what is often
referred to as the "Community Law" of the EU.
This book is a useful gap-filler because it introduces the relevant portions of the legal
systems of the EFTA nations. (Similar works have been--and will be--reviewed in this Newsletter
regarding practice in the EU, including Butterworths European Court Practicereviewed in
the June 1994 issue of this Newsletter.) This primer thus illustrates the other side of the EEA
coin--procedures in the different legal systems of the EEA. The primary value of this book is that
the same topics are conveniently covered in nation-by-nation order. There are eleven
"chapters" for each nation: Sources of Law; Fundamental Rights; Jurisdiction of the
Courts; Administration of Justice; The Legal Profession; Civil Procedure; Criminal Procedure;
Remedies; Matrimonial Disputes; Property Transactions; and Recognition and Enforcement of
Judgments. The book is then arranged by country, so that each of these eleven headings are
addressed for each country. The right margin contains identifying headnotes permitting rapid
access to content.
Jerusalem's Status
R. Lapidoth & M. Hirsch (ed.), THE JERUSALEM QUESTION
AND ITS RESOLUTION: SELECTED DOCUMENTS(Martinus Nijhoff, 1994) [542] -
These editors have once again produced a useful, complete, and very informative
compilation of documents illustrating the evolution of a timely territorial dispute--over the city of
Jerusalem. (Their previous compilation on the Arab-Israeli conflict was reviewed in the ASIL
UN Decade Newsletter, May 1993 Issue.)
This collection begins with the 1922 British Mandate for Palestine--provisions
concerning
Holy Places. The 117th document is the 1989 decision of the Israeli Supreme Court regarding
criminal defendants who placed a religious memorial at the Western Wall and the court's ability to
adjudicate matters involving "holy places."
The interim reading provides a fascinating legal landscape about the status of
Jerusalem,
why it has continued to strain local relations, and the prospects for resolution. While the
Rabin/Arafat Washington peace accords came in 1993, the status of even Jericho still remains
somewhat unsettled. That of Jerusalem is likely to continue to create friction in the Middle East
peace process, for reasons that come alive in this documented account of the city's legal evolution
from 1922 through modern times. The uniqueness of this particular territory's meaning to three
major religions, the conflicting national claims to Jerusalem, and a rather diverse population
render it susceptible to continued problems. Jerusalem can be contextualized with a valuable
reference tool like this book, which chronicles the history of an extremely complex chapter in
international relations. The average reader may shrug at the thought of even perusing a collection
of documents. This one is a major exception due to the editors' arrangement of documents which
brings this dilemma to life in a detailed yet unfragmented context.
Jurisdiction
I. Cameron, THE PROTECTIVE PRINCIPLE OF CRIMINAL
JURISDICTION(Dartmouth, 1994) [395] -
This book is a very welcomed addition to the literature on international jurisdiction.
While
the five general principles have been routine subjects in International Law courses, an exhaustive
book-length treatise on the protective principle has not been so commonplace. This is the
outgrowth of the author's doctoral thesis presented at the University of Uppsula (Sweden).
The book is introduced by the author's analysis of the comparatively murky
protective
principle, including underlying ideologies of various legal systems. Its relationship with the other
principles is an equally welcomed theme in this work, that may become the principal work on this
subject.
The next four parts of this book cover the protective principle, as applied in the
following
legal systems: Sweden, Denmark, Norway, and the US (with a sprinkling of British law). Such
comparative law analyses provide useful insights into the respective views about this potentially
abusive basis for exercising international criminal jurisdiction. The final two parts address
International Law and the protective principle, concluding with controlling potential abuses.
A lengthy bibliography (considering the topic) covers treaties, cases and arbitral
awards,
UN General Assembly resolutions, books, articles in legal journals, official reports (e.g., Council
of Europe, US, and other countries).
While reviewers may sometimes repress their innermost personal expressions, I
believe that
this analysis is an answer to my hope that someone would one-day present an exhaustive analysis
of this potential disaster lying in wait in an international relations minefield.
Nationality
R. Donner, THE REGULATION OF NATIONALITY IN
INTERNATIONAL LAW(2nd ed. Transnational, 1994) [433] -
The author (University of Helsinki) has provided this revised book-length coverage
of a
branch of International Law that continues to be timely and provocative in its examination of
diverse national perspectives. This analysis will serve academicians, judges, and practitioners
alike.
This edition adds case law and literature to the legislative coverage of the first
edition.
There is a new section on the work of the Iran/US Claims Tribunal (discussing a series of
decisions involving dual nationality) as well as decisions by other international tribunals such as
the Inter-American Court of Human Rights; the Asian perspective regarding nationality matters;
the linkage of human rights and the recognition of States; and the work of the UN Claims
Commission. This edition otherwise updates an already prominent work with interim
developments since the 1983 edition.
This work examines the essential question of what standards govern the State's right
to
determine which individuals will be its citizens (building upon the ICJ's 1955
Nottebohmeffective link case). Given the general relegation of this matter to State law,
the individual is normally caught up in the question of choice of law--when the national laws of
two or more States yield different results. The author thus covers the relation between this branch
of nationality law and refugee status. This publication does not attempt to restate the bulk of
nationality laws of the entire community of nations. Representative laws are discussed, as well as
the relevant decisions of national and international courts. Treaties (in force and in draft) and the
perspectives of international organizations are also addressed. As the number of States have
proliferated, so have the routine problems associated with nationality--dual nationality,
statelessness, and the admissibility of claims. Relevant treaties are set forth in a closing section.
The six chapters include introductory materials on nationality law in the context of
International Law(ch.1), the "link" principle in nationality law (ch.2),
imposition and withdrawal of nationality (ch.3), the affect of human rights conventions (ch.4),
State succession (ch. 5), and the role of international organizations (ch.6).
State Responsibility
THESAURUS ACROASIUM: RESPONSIBILITY OF
STATES(Thessaloniki, 1993) [381] -
This is volume XX of the lecture series in Greece (that parallels the Recueil des
Cours at
The Hague in The Netherlands). Internationally-known experts are thus invited to present their
courses during the summer at Thessaloniki. This volume's topic is State responsibility--timely due
to the UN International Law Commission attempts to further complete this facet of International
Law codification.
The six lecturers are Japan's Professor Matsui on the "Transformation of the
Law of
State Responsibility;" Poland's Professor Goralczyk on the "Responsibility of States
for Activities Carried out in the International Sea-bed Area;" Germany's Professor Graefrath
on "New Trends in State Responsibility;" France's Professor Tavernier on the
"Problems of International Responsibility and the Gulf War" (in French); India's
Professor Dhokalia on the "Imperatives of `New' International Law and Expanding
Dimensions of State Responsibility;" US Professor Lillich on "UN Efforts to Clarify
the Law of State Responsibility for Injuries to Aliens." Five other scholars also conducted
their briefer Travaux Practiquespresenting further analyses of the American Convention
on Human Rights, exhaustion of local remedies, international liability for damage caused by space
objects, and problems with "strict liability" in International Law.
Any professor, librarian, or researcher in need of detailed collections on timely topics
should not overlook this excellent source of information presented at each of these annual summer
institutes. Two other works in this particular field have received the attention of the researcher's in
this field (Rosenne's ILC Draft Articles on SR & the Spinedi/Simma UN
Codification of SR). One who is interested in both well-conceived and diverse perspectives
must also consider this particular issue of the Thessaloniki Institute's publication on State
Responsibility for completeness of available coverage.
State Status
G. Goertz & P. Diehl, TERRITORIAL CHANGES AND
INTERNATIONAL CONFLICT(Routledge, 1992) [180] -
This book provides a different perspective than others on the interplay of territorial
change
and the military conflicts between 1816 and 1980. The authors summarize the changes in terms of
location, significance, resulting power distribution, and emerging analytical models.
The organization consists of six chapters: The Significance of Territory; A Territorial
History of the International System; Military Conflict and State Formation; Exchanges of
Homeland Territory between States; Territorial Changes and Recurring Conflict; Territorial
Changes and the Future.
There are a number of fascinating graphs and tables providing instant visual access to
content. The first of these, for example, shows the regional distribution of States from 1816 to
1980.; another depicts interstate changes as a result of military conflict for the same period;
another shows the States most involved in territorial changes. One table lists current territorial
disputes (as of 1992). The closing appendix lists the 770 instances of territorial changes (1816 to
1980) as a result of military conflict including the winning and losing States and the unit
exchanged as a result of the conflict.
The intrigue of this book is its unusually interesting approach to surveying the
international
system--via the process of a territorial history based primarily on military conflicts. This is not
merely a history book: it suggests models for future analysis. It will thus be a useful reader for
students and professors concerned with the analysis of past and future territorial disputes.
Taxation
A. Qureshi, THE PUBLIC INTERNATIONAL LAW OF
TAXATION: TEXT, CASES, AND MATERIALS(Graham & Trotman &
Martinus Nijhoff, 1994) [623] -
The international legal community has waited a long time for the publication of a text
on
international taxation, especially one that was something more than just the international aspects
of some country's internal tax laws. This text thus addresses the Public International Law of
taxation from the practitioner's perspective. (With a price tag of $180.00 US, it is not likely to
curry the favor of law school tax professors--who are likely to continue covering essentially the
tax laws of their respective nations in privately published materials).
The initial chapters provide a brief course for those whose legal education did not
include
Public International Law. This preliminary portion of the book is nicely cast within the context of
topics applicable to taxation: including the relation between national and international law; State
fiscal jurisdiction over individuals; applicable principles of treaty law such as bilateral double
taxation treaties--as well as OECD and GATT subject matter.
Its essential thrust is to outline how Public International Law intermingles with tax
liability.
There are a number of illustrative cases (greatly abbreviated), journal article excerpts, and treaty
sections that compare to the way in which many International Law casebooks "flow"
in terms of presenting the somewhat disjointed field of International Law. There are some 1,250
tax treaties, for example, which have varied repercussions for the average international
practitioner whose practice emphasizes tax matters. There is a generous sampling of authorities
from a variety of (typically common law) jurisdictions. The author, Lecturer in Law at England's
University of Manchester and Barrister at Lincoln's Inn, has fortunately designed this book for the
novice in international taxation--although the seasoned veteran may not have as complete a
collection of relevant precedents between two covers.
Treatises
J. Dugard, INTERNATIONAL LAW: A SOUTH AFRICAN
PERSPECTIVE(Juta & Co.: 1994) [372:paper] -
While South African jurisprudence is rich in International Law, past government
policies
were probably the most important features of the almost blatant disregard of its role in developing
norms unrelated to apartheid. Now that South Africa is, in the minds of many, back from a
forty-year hiatus from positively influencing International Law, writers, researchers, and teachers
in other nations might consider incorporating the perspectives of its available offerings in this
discipline.
Professor Dugard of the University of the Witwatersrand in Johannesburg, who has
taught
this course for thirty years, therein proclaims South Africa's re-entry into the international legal
order and the attendant role of International Law in the South African legal order.
The author draws from his English schooling background when analyzing
International
Law from both the general and also the local South African perspective. Thus, others may draw
upon this text insight from a nation that has long been the object of international pressures. The
gist of International Law is thus integrated with South African national law in a way that will
assist the well-rounded student of International Law gain a useful understanding of whether or not
South Africa remained in a legal vacuum during its apartheid days.
After a general introduction to International Law in Chapter One, Chapter Two thus
addresses "South Africa and International Law: A Historical Introduction." The other
eighteen chapters of this book trace the usual progression of International Law studies. The
author closes with an interesting listing of authors of publications in International Law in South
Africa--a useful resource for a variety of reasons. This text thus adds to the growing body of
nationally-oriented publications on International Law, of particular interest in this case because
South Africa occupied a central place on the UN agenda for the last forty years.
R. Macdonald (ed.), ESSAYS IN HONOUR OF WANG TIEYA(Martinus
Nijhoff, 1994) [964] -
Ronald St. John Macdonald, Honorary Professor of the Law Department of Peking
University and Judge of the European Court of Human Rights, had collected a series of articles in
the name of Wang Tieya--Professor of International Law at Peking University since 1945.
Drawing from one of Tieya's earlier writings, the Editor of this collection states the goal at the
outset: the production of an effectively universal International Law. In addition to the Editor's
extensive introduction of Wang Tieya's life work in China, Professor Walter Gellhorn offers a
chapter (23) on the life of this influential publicist. Although this book is not one that is limited to
Chinese perspectives on International Law, there are a number of articles assessing Chinese
practice--as one might expect in a volume honoring Professor Wang Tieya.
This work follows in the wake of the UNESCO publication, done in association with
the
same publisher, designed to deliver International Law scholarship to the less economically
developed nations of the world--Bedjaoui's 55-article one-volume work entitled International
Law: Achievements and Prospects (1991). The Wang Tieya58-article collection spans the
full range of International Law, providing the most recent assessment of prominent scholars on
many special areas of interest to both academic and practice-oriented readers. This collection of
essays is also valuable due to the diversity of authors from many diverse writers representing an
equally-prolific range of legal cultures.
The subjects begin with some thought-provoking comments on International Law
generally--including "The Long Road to Universality," "International Law in
the Law School Curriculum," and the "Role of Legality and Spirituality in the Effort
to Modernize China." After such introductory pieces, the book then moves in more specific
and traditionally controversial directions including expropriation, restructuring the U.N. system,
the decisions of political organs at the UN and the relation of the rule of law. There are also
pieces dealing with modern directions in International Law thinking, including Louis Henkin's
chapter (24) on "The Mythology of Sovereignty," and assessments of various events
in the former U.S.S.R. and Yugoslavia.
This work is a "must" addition for any serious scholar in the field of
International Law. It brings together a host of different perspectives, making individual
contributions to the noble objectives of educating and universalizing.
United Nations
BASIC FACTS ABOUT THE UNITED NATIONS(UN, 1992)
[291:paper] -
The UN's Department of Public Information periodically re-releases an updated
version of
this handy primer on UN fundamentals. As stated in the Secretary-General's Foreward, it is
"written for students, journalists ... and the public at large."
When I am asked for a basic primer not intended for students of International Law, I
often
refer to this reader. This relatively short paperback thus provides a brief statement of the UN's
history and evolution, and how it basically operates. Its appendices include convenient listings of
UN member States, dates of admission, percentage of dues assessments, and the UN centers and
services in various regions of the world.
There are eight concise chapters covering the origin of the UN (ch. 1),
organization/structure (ch.2), peace and security objectives (ch.3), economic/social development
discussion (ch. 4), human rights/assistance (ch. 5), decolonization (ch. 6), International Law (ch.
7), and intergovernmental agencies (ch. 8).
Given the availability of this almost too concise primer (from the professor's
perspective),
one should never be at a loss when asked to recommend a useful reader for one who may be
contemplating a descriptive non-law summary of UN basics.
W. Durch, THE EVOLUTION OF UN PEACEKEEPING: CASE STUDIES
AND
COMPARATIVE ANALYSIS(St. Martin's Press, 1993) [509] -
There has been a flourish of books on UN peacekeeping, with more to come now
that at
least four major studies have addressed UN reform and US President Clinton has issues guidelines
on US participation. This reader would be well-suited for either undergraduate courses on the
UN, international organization, global government, and peace/conflict studies. It is readily
comprehensible, organized, and well-written. This is the first comprehensive post-Cold War
analysis of this method of conflict control. It contains twenty-four individually-authored chapters.
This publication is divided into Five parts: Lessons Learned (including financial
crises);
Peacekeeping in the Mediterranean and the Middle East (UN Special Committee on the Balkans,
UN Truce Supervision Organization, and analyses of the various UNEFs); Peacekeeping in the
South and Southeast Asia; Peacekeeping in Africa; Peacekeeping in the Western Hemisphere (UN
Observer Group in Central America).
Another noteworthy feature is the use of charts and tables that provide useful access
to
content. There are approximately forty such entries providing a veritable research dream. Much
information has been "chocked" into this book, making it a very useful resource for
any detailed study of UN peacekeeping.
Use of Force
R. Amer, THE UNITED NATIONS AND FOREIGN MILITARY
INTERVENTIONS: A COMPARATIVE STUDY OF THE APPLICATION OF THE
CHARTER(Uppsala, 1992) [314:paper] -
This is another timely work product (Report No. 33) of the Department of Peace and
Conflict Research at Sweden's Uppsala University in studies on international peace. On the day
that this review was drafted, the UN had just voted to authorize US intervention in Haiti. This is
the author's revised doctoral thesis. One useful feature is the author's use of Tables to provide
access to the data contained in this thesis--typified by tabular listings of Council meetings, which
States criticized the particular intervention, and which sponsored the various resolutions (which
failed or passed).
The essential theme is the degree to which the UN has reacted consistently to foreign
military interventions not authorized by the Security Council. Its three divisions begin, first, with
the author's criteria for selecting content. He thus examines six such cases since 1976: Viet Nam
in Kampuchea, Tanzanai in Uganda, France in the Central African Republic, the Soviet Union in
Afghanistan, and the US in Panama. The author therein analyzes the use of force, and relevant
Charter provisions, in these international relations lacking the blessing of the Security Council.
The second division then explores the UN's reaction to these six scenarios, focusing
on
how the Security Council reacted--or did not react (and why).
The final division of this book evaluates whether there are common features which
explain/distinguish the varied UN responses to these particular cases. The ultimate conclusion is
that the UN has notresponded in any consistent fashion (which may support a theory that
each case must be treated differently). The author uses a variety of yardsticks for measuring or
predicting how the UN will react in the future.
T. Ehrlich & M. O'Connell, INTERNATIONAL LAW AND THE USE OF
FORCE(Little Brown, 1993) [429:paper] -
This is a very timely collection of documents and analyses, blended to cover the
arena
known as the use of force in International Law. The analyses include some of the prominent
writers in the field. The documents include news items, articles drawn from other academic
journals, case excerpts, and State Department memoranda.
The five chaptered arrangements cover (1) the Iraqi invasion of Kuwait/US invasion
of
Panama; (2) an introduction to International Law and the use of force; (3) the sources of
International Law relevant to the use of force; (4) relevant institutions; and (5) international rules,
focusing on the application of UN Charter Article 2.4.
This is a very useful presentation on the subject because it blends relevant materials
into a
conveniently organized collection. It could serve as the basic text in a seminar in the international
use of force. The end users might thus include teaching academics, researchers, and those with an
interest in having a good reference text covering modern developments in a vast field between
two covers.
T. Meron, HENRY'S WARS AND SHAKESPEARE'S LAWS:
PERSPECTIVES ON
THE LAW OF WAR IN THE LATER MIDDLE AGES(Clarendon Press, 1993) [237] -
Shakespeare's Henry Vmay be the most celebrated account of the various
impacts
of war--on the nation and on its people. One of the foremost International Law professors of our
time, Professor Theodor Meron of NYU Law School, has devoted himself to recasting this play in
terms of its statement of attitudes toward warfare. This is the book version of Professor Meron's
article in the January 1992 issue of the AJILentitled Shakespeare's Henry the Fifth and
the Law of War.
The book focuses on an interim phase of the Hundred Years' War between England
and France (1337-1453). Here, one may find the roots of the so-called "just war," the
issuance of ultimatums (not unlike the European-dominated League of Nations and the Treaty of
Versailles requirements), the treatment of occupied territories (a problem faced by modern nations
in the aftermath of various territorial changes since World War II), ordinances and the practice of
war.
Professor Meron herein illustrates which practices remained to influence
contemporary
State practice. Although set in a medieval context, this sketch of Henry Vprovides an
unusually interesting and useful analysis with contemporary value.