(ASIL) American Society of International Law

Issue #2: February, 1993


In This Issue

Message from Editor Letters to Editor Readers Corner
Your Turn



Message From the Editor

The Inugural Issue Newsletter was apparently well-received, based on the number of requests for inclusion on the UN Decade Interest Group mailing list. In spite of a wide readership, it is my hope that this Newsletter will maintain an informal environment for exchanging information and ideas.

This particular Message from the Editor is essentially a call for opinion-editorials and letters to the editor - either positive or negative. Such input from our members will assure that our diversity serves us. I would thus like to thank Howard Meyer for providing me with an item appearing in this edition's Letters to the Editor segment. I trust that he, and future writers, will continue to allow me the privilege of wielding the Editor's scalpel - with a view toward maximizing the impact of each selected submission. In this manner, I can shield the writer by my assuming responsibility for the published version. Alternatively, I can provide "final" copy for pre-publication review.

Many of you will, one hopes, use this forum to share ideas for fulfilling the goals of the United Nations Decade of International Law. Burns Weston's Memo on the ASIL Outreach Program is an excellent example. It is a proactive experiment within the ASIL, propelled by one of our own Interest Group members. We could do nothing, of course, and presume that international law is the exclusive enclave of diplomats and classroom conjecture. Or, we can help this ship come in by swimming out to it. Please read Professor Weston's memo closely. Decide how you can board this enterprise.

Given the diversity of our membership, I cannot fulfill the Editor's mission without your insight and input regarding what will appear in future issues. In addition to any written suggestions you decide to forward, please contact either Judge Macdonald, Charlotte Ku, or me at the March - April meeting of the American Society of International Law in Washington, DC. It is my hope that you will follow the lead of the UN Secretary-General by providing submissions for our Newsletter. Otherwise, it will be informally sentenced to damnation with feigned praise.



William R. Slomanson
Editor


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Letters to Editor

The Editor herein thanks Mr. Howard Meyer, of New York City, for the following excerpts of interest to the work of the UN Decade of International Law. The first addresses the need for educating the citizens, as a vehicle for fostering governmental respect for international law. The second suggests the importance of adopting the compulsory jurisdiction of the ICJ:


It is axiomatic that if the citizens of a State are aware of and have respect for international law, the Government of such a State is more likely to respect international law in its relations with other states. Secretary of State Root, in l A.J.I.L. 1 (l907).


Authoritative mechanisms of international law, whose decisions would be binding, are needed to implement legal principles in international life. I mean, first and foremost the International Court of Justice. I once proposed an agreement whereby states would recognize the compulsory jurisdiction of the International Court in cases involving the interpretation of international agreements. Respect for international law is inseparable from respect for its institutions. It should cease being optional. The views of legal scholars should make their contribution here.

M.S. Gorbachev, Address at Stanford Law School, 9 May l992.


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Readers' Corner

This portion of the Newsletter typically identifies recently published materials relating to the work of the UN Decade on International Law. This issue focuses on the United Nations itself. The Editor would deeply appreciate your sending any books, articles, other publications (or citations) to him at Western State University - San Diego Campus, 2121 San Diego Avenue, San Diego, CA 92110, USA.

(1)Cases on United Nations Law(2nd ed. 1967) [& Basic Documents Supplement (2nd ed. 1968)] by Louis B. Sohn

The Editor thanks Foundation Press of New York for providing this book for incorporation into this part of the Newsletter. Although published a generation ago, this book provides unique insight into the development of this body of law (close to the time of its initial formulation). In the aftermath of the Persian Gulf War, the end of the Cold War, and the recently demonstrated solidarity of the allied forces carrying out UN mandates, teachers of international law may reconsider these materials for use in their public international law offerings. Now may be right time for a Third Edition, although the Second is rich in materials for current study.

Abstract: This is a 1,072-page law school casebook. One could fairly categorize it as a coursebook, as its contents are by no means limited to the usual caselaw presentation of American lawschool casebooks. It is rich in original United Nations materials, as well as themes which have not dissipated with the passage of time. It is a veritable researcher's dream, chock full of the significant materials and references which framed the ultimate workings (and nonworkings) of the UN. A brief review of the Index indicates its continuing usefulness for organizing research based on early documentation. Its chapter organization is provided as a means for assessing its modern utility:


(2)The Reform of the United Nations(New York, London, Rome: Oceana, 1992) by Joachim Muller

Abstract: This is a two-volume report, which compliments earlier works on the UN and updates that body of information. This work describes what has been done (not what should be done). Much of the information contained in this set consists of original sources. Volume I provides a detailed account of the "reform process." It describes a "renaissance" in the UN, premised on the end of the Cold War; and, the internal reform process of recent years. Reform also addresses the impact of the critical attitude of the USA, the rediscovery of the UN by the Soviet Union (prior to the latter's demise), budgetary crises, and the disparite results in different quarters of the UN. Volume II contains the main resolutions / decisions (11) and documents (41) related to this ongoing process.

(3) Basic Documents on United Nations and Related Peace-keeping Forces (2nd ed. Dordrecht, Boston, London: Martinus Nijhoff, 1989) by Robert Siekmann

This approximately 400-page book contains the constitutive documents on UN peace-keeping, enabling resolutions, an appendix on UN Military Observer Missions, and a fifteen-page peacekeeping bibliography. It is a must for anyone needing information about the genesis of such operations, as well as a better understanding of the various peace-keeping operations currently underway throughout the world. It also contains the relevant exchange of notes between governments. This work presents the governing documents on various peacekeeping missions (beginning with the UNEF 1956-1967). The Appendix contains the original documents on the Truce Supervising Organization in "Palestine" (1949).

(4) Sheathing the Sword: the U.N. Secretary-General and the Prevention of International Conflict (New York, Westport (Conn.), London: Greenwood Press, 1991) by Thomas Boudreau

This 178-page book builds on the scant literature on a topic of increasing importance. It addresses the recent reform process at the UN. The book begins with an analysis of Charter Article 99, closing with a useful bibliography on various Secretary-Generals and related subjects. Its organizational schematic follows:




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Your Turn

This final segment of each Newsletter provides the opportunity to comment on any topic of interest to the UN Decade Interest Group (affectionately dubbed "UNDIG"). It has been a very useful source for planning meeting agenda, new issues to be addressed by UNDIG, and the like. Please take a moment to jot down any comments, constructive criticisms, or suggestions.. Send E-Mail to Editor, UN Decade Newsletter



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