(ASIL) American Society of International Law

READERS' CORNER

Topical Headings
Arbitration Int'l Organizations Sovereignty
Cultural Protection Int'l/Tribunals Terrorism
Education Mexico Trade
Environment Practice Treaties
European Community Law Self-Determination United Nations
Human Rights/Feminist Studies


Arbitration


PERMANENT COURT OF ARBITRATION (PCOA, 1993) [paper: various pagings].

This is a collection of references to the work of the PCOA. The listed publications are available from the Court which describe its work and contemporary developments:

(1) Permanent Court of Arbitration Optional Rules for Arbitrating Disputes between Two Parties of which only one is a State (1993) [32]
(2) Permanent Court of Arbitration Optional Rules for Arbitrating Disputes between Two States (1992) [30]
(3) The Permanent Court of Arbitration--New Directions (1991) [91]
(4) Permanent Court of Arbitration: First Conference of the Members of the Court (1993) [139]
(5) Permanent Court of Arbitration: 93rd Annual Report (1993) [63]

The Editor takes this opportunity to thank First Secretary Bette Shifman for thus providing this information to UNDIG members.

Cultural Protection


K. Jote, INTERNATIONAL LEGAL PROTECTION OF CULTURAL HERITAGE (Jurisforalaget, 1994) [paper: 346].

The protection of cultural heritage has long seemed like a very significant wrong with rather insignificant remedies. This is the first book-length version covering its importance and the remedies now associated with this subject--one which has become rather important since World War II, and now, as sovereignty continues to change in the aftermath of the Cold War. The threats are not limited to just material damage. Displacement causes other forms of damage to the peoples affected by this facet of sovereignty that has changed or is threatened.

This book examines the international protection of cultural heritage from a variety of perspectives. It is divided into three parts. The beginning covers the protection of cultural heritage in wartime and colonialism. It addresses the various international codes, since 1864, which continue to have global relevance--including the 1954 Hague Convention. The middle part covers protection in peacetime. The national laws of various countries are analyzed in terms of content and vitality. There are chapters on bilateral, regional, and global measures and agreements. The final Part (III) covers the subject of Restitution. A comprehensive bibliography provides data for further inquiry--although much of what most interested readers would seek is already available between these two covers.

Education



Environment


McNally (ed.), THE VANISHING UNIVERSE: ADVERSE ENVIRONMENTAL IMPACTS ON ASTRONOMY (Cambridge, 1994) [184].

This book is the product of the 1992 Conference sponsored by UNESCO, the International Council of Scientific Unions, the International Astronomical Union, and the Committee on Space Research at UNESCO headquarters in Paris. It contains twenty-four individually-authored chapters on various aspects of the resulting Declaration on the Reduction of Adverse Environmental Impacts on Astronomy.

The science of astronomy faces the crisis that observation may soon become impossible due to the spread of civilization on the Planet Earth. Development has had the side-effect of greatly limiting the ability to study the heavens--due to increasing vibration, environmental degradation, space debris, and changes in weather wrought by man-made phenomena.

Part I traces the impacts of civilization on the science of astronomy. Parts II and III address electromagnetic pollution--at optical and radio wavelengths. Part IV chronicals the impact of space debris. Various appendixes contain reports, statements, and certain national laws on this theme.

This collection of analyses by astronomers, philosophers, communications experts, and scientists from all over the globe contributes a succinct analysis and an intellectual spark for better understanding this critical problem of interest to ASIL readers whose areas of concentration include environmental and space law.

European Community Law


A. Oppenheimer (ed.), THE RELATIONSHIP BETWEEN EUROPEAN COMMUNITY LAW AND NATIONAL LAW: THE CASES (Grotius & Cambridge, 1994) [973].

This is a collection of some ninety cases, drawn from the Court of Justice of the European Communities (about 30% of the cases) and various national courts [from the traditional dozen countries] within the Community (about 70% of the cases). The period covered ranges from early inception (1962) to post-"1992" (1994). Thus, several decisions deal with application of the Maastricht Treaty.

This collection of cases is unique, because of its exclusive concentration on the relationship between Community Law and the national law of member States. All cases are in English, including those translated from the original language of the particular court.

The court decisions contained in this collection are readily accessible--via brief summaries at the outset, and useful key-word headings relating to substance. It thus provides convenient access for the practitioner, student, and researcher. There are front matter tables of cases and a topical digest of cases. The 25-page introduction paves the way for one's initial digestion of Community Law.

There have been, of course, hundreds of decisions on Community Law by the various courts. This collection is remarkable, given its selection of the major cases dealing with the continuing integration of national and Community Law.

Human Rights/Feminist Studies

E. Hicks, INFIBULATION: FEMALE MUTILATION IN ISLAMIC NORTHEASTERN AFRICA (Transaction, 1993) [298].

Infibulation is the most extreme form of female circumcision (sewing nearly shut). It is a fundamentally Islamic practice, condemned in western society, along with the other forms of female mutilation. The author explains the heritage of this practice, why it is so ingrained in certain cultures, and that modern attention is not necessarily going to eradicate its use. The author further illustrates that infibulation is the only positive status for many women in northeastern Africa. Popular resistance to its eradication comes from women in societies where it is considered a right of passage, and has been effectively codified into the structural nexus of marriage, family, and social honor. The author thus shows how governments have occasionally erred in defining and treating infibulation, as if were merely a social problem in need of reform. Elimination can occur only in the wake of a broader spectrum of modernization.

This book is destined to become the pivotal treatment of the phenomenon generally described as "female circumcision." It will be of intense interest, not only to teachers of International Law and human rights courses, but also those exploring this significant but somewhat muffled facet of comparative religion, African Studies, and the myriad of other disciplines that this theme touches and concerns.

Int'l Organizations


Int'l Tribunals


Mexico


A. Eckstein & E. Zepeda, MEXICAN CIVIL AND COMMERCIAL CODES (West, 1995) [paper: 1005].

This publication is a must for practitioners and researchers seeking the latest word on the laws of Mexico. It is a bilingual English-Spanish translation (facing pages) of both of these major codes--and a welcome addition to the NAFTA-related literature involving doing business with Mexico. Two Mexico City attorneys have thus produced a well-organized and well-indexed publication covering the two codes having the most impact on commercial transactions in Mexico: (1) the Civil Code for the Federal District in Ordinary Matters and for the Entire Republic in Federal Matters, and (2) the Commercial Code--which is applicable to all commercial and mercantile dealings defined in the introductory articles. (There are also some state-specific codes.) It is thus an indispensable resource for obtaining the essential ground rules that US or other foreign counsel can read, before consulting a Mexican attorney for more detailed advice on Mexico's civil law system (in contrast to the US common law system).

The book opens with an article-by-article listing of contents. One may thus peruse the more than 3,000 Civil Code articles--and nearly 1,500 Commercial Code articles at a glance, to determine which is most applicable to the question at hand. Each code also begins with a detailed Table of Contents, to assure further access to content. Then, each of the two codes is set forth in its entirety--in English and Spanish facing pages. The Index is superbly constructed, so that any researcher can quickly find an applicable code section. The paperback and size format makes this a convenient handbook, which is easily transported as necessary.

This contribution to the literature is sure to be on "the best seller's list" for the practitioner and the researcher who previously had to consult the original language text for an authoritative version of the Civil and Commercial Codes of Mexico.

Practice


R. Christou & J. Gordon (ed.), FINDING AND MANAGING FOREIGN COUNSEL (Longman, 1994) [paper: 333].

This book will be of special interest to ASIL practitioners. International practice requires an increasing degree of association with foreign counsel. This is an excellent reference tool for those with such interests in the European Union countries, the USA, and Japan. The various chapters cover distinct national jurisdictions: Belgium, Denmark, France, Germany, Greece, Ireland, Italy, Japan, Luxembourg, The Netherlands, Portugal, Spain, the UK, and the US.

Each chapter begins with a convenient summary of contents for the particular country. The chapter entries include the highlights of the legal profession in the covered jurisdiction, methods for locating a suitable lawyer in the appropriate field, common commercial arrangements, and the treatment of foreign nationals under local law.

This is a rather handy collection of essential details for obtaining foreign counsel, local expectations, and some thoughtful factors for choosing a suitable lawyer in the EU and its major trading partners (Japan and the US).

Self-Determination


A. Cassese, SELF-DETERMINATION OF PEOPLES: A LEGAL REAPPRAISAL (Cambridge/ Grotius, 1995) [375].

The issue of self-determination remains a key concern in the international community--characterized by the author as essentially granting statehood to oppressed peoples, while disrupting existing State structures. This title provides a comprehensive analysis of a subject previously covered in only the law reviews, and the more limited accounts of its role in a myriad of international legal contexts.

The author, who quite well versed in such matters as President of the UN's new international criminal court, reviews State practice in terms of national and UN proceedings. The Introduction presents the concept and its principle features. Part I contains a chapter exploring the historical roots of this doctrine, beginning with the French Revolution. Part II continues with a discussion of the process leading to self-determination becoming an international legal standard--through treaties, customary State practice, and UN prodding. Part III highlights the operation of self-determination principles in current contexts, including problems with its application in particular regions such as the Western Sahara, East Timor, Palestine, Yugoslavia, and Quebec. Part IV analyzes new trends such as the Helsinki process and the 1976 Algiers Declaration regarding political oppression. The final Part (V)--General Stock-Taking--addresses the merits and failings of the self-determination objective and the UN process. The author also proposes a strategy for future promotion of the right of self-determination.

The author states, in his prefecatory remarks, that "this book cannot exhaust the topic." This reviewer would add that he has done a splendid job of rendering an exhaustive and comprehensive analysis of one of the most difficult issues in International Law.

Sovereignty


J. Bartelson, A GENEALOGY OF SOVEREIGNTY (Cambridge, 1995) [317].

Sovereignty is a cornerstone in international relations theory, statehood, and the somewhat distinct division of politics into national and international spheres. This book is a critical analysis of the history of sovereignty during the Renaissance, Classical Age, and contemporary phase of international relations. The essential construct of this particular treatment is that sovereignty is, as analyzed by the author, "contingent upon, rather than fundamental to, political science and its history." Thus, readers who teach in the political science, history, and international relations departments of their universities will find this provocative treatment a useful adjunct to their courses which emphasize the role of sovereignty in these fields.

The seven chapters introduce and decontruct sovereignty, via the highlights of each of the referenced historical periods. The final chapter poses the provocative question whether sovereignty is likely to end, in the sense that we have known and studied it from past historical periods. Sovereignty is characterized as currently paradoxical, simultaneously containing a prophesy of interstate anarchy and a promise of redemption via a degree of internationalization favoring a global (rather than a continued State-dominated) community.

Terrorism


S. Anderson & S. Sloan, HISTORICAL DICTIONARY OF TERRORISM (Scarecrow, 1995) [452].

This is a fascinating treatment of a subject that. all too often, is considered only in contemporary perspective. Terrorism is now "high-tech" but exists only in different forms than practiced in earlier eras. A front-material chronology summarizes terrorist activity dating to 66 A.D. This publication traces the work of the many terrorist organizations and events which have unfornuately dominated newspaper headlines. A thirteen-page front-matter list provides the names and common abbreviations for contemporary groups.

The introductory chapter defines the various dimensions of terrorism, including nature, elements, and categories. The bilk of the book contains the A-Z dictionary of individual terrorists, groups, and organizations--beginning with Abdul Rahman (alleged accessory to the New York World Trade Center bombing) and ending with the first-century A.D. "Zealots" (who waged an open insurgency against Rome).

The other major segment of this study is "The Bibliography." It amasses the extensive body of literature on terrorism. It is conveniently organized by subject, such as General Reference Works and Terrorism by Region. This dictionary would be a very useful addition to any international collection, especially those emphasizing the impact of terrorism.

Trade




Treaties



N. Kontou, THE TERMINATION AND REVISION OF TREATIES IN THE LIGHT OF NEW CUSTOMARY INTERNATIONAL LAW (Oxford, 1994) [169].

This very special work on treaties provides useful insight into the relationship between two sources of International Law--custom and treaty. It features the analysis of the circumstances whereby new customary law may alter the effect of a prior treaty. The author's basic premise is that new customary law does not automatically affect a previous incompatible treaty--although certain conditions may beget a unilateral right to seek termination or revision. This proposition was sufficiently controversial to preclude coverage in the Vienna Convention on the Law of Treaties.

The early chapters introduce and summarize the essentials of this complex problem. State practice, in the law of the sea and other areas, is intertwined with the relevant judicial precedent to explore the parameters of the issue and its arguable resolution. The author provides a refreshing sense of balance in her criticisms and conclusions. A nine-page bibliography provides access to related resources.

The author's preparation of this work under the supervision of D.W. Bowett, and editing by Ian Brownlie, suggests that this book arrives on the market with rather impressive credentials. As stated by Professor Brownlie, the author draws upon substantial State practice and considerable jurisprudence in an "exploration of the impact of developments in the law of the sea upon prior fisheries agreements, which provides an added attraction to a most helpful work."

United Nations


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