ASIL  American  Society of International Law

Newsletter

formerly
United Nations Decade of International Law

ISSUE #21: July 2000

2223 Massachusetts Avenue, NW           Washington, DC 20008-2864

Contact Persons:

Chair & Editor: Professor William R. Slomanson

-telephone: (619) 297-9700 x1513
- facsimile: (619) 296-4284
- e-mail: bills@tjsl.edu

Vice Chair: Martha Trofimenko
- e-mail: trofimenko@mail.dol.net

ASIL Admin: Dr. Charlotte Ku

-telephone: (202) 939-6000
-facsimile: (202) 797-7133

Web Site: http://library.lawschool.cornell.edu/asil


In This Issue (July, 2000):

Note: We no longer use page numbers for this Newsletter--now that we have shifted to an electronic format.



Obtain a full-text version:


MESSAGE FROM THE CHAIR:
As of this writing, I have just submitted our UN21 panel proposal for the ASIL’s Annual Meeting in Washington, DC–per the public e-mail exchange on our listserv during June. That proposal was based on topic and presenter input from UN21 members and other listservs of which I am a member. I will advise you via e-mail about whether our panel was proposed to ASIL, and whether it was accepted.


UN DECADE OBJECTIVES:
Each Newsletter issue carries a restatement of the essential goals of the United Nations Decade of International Law (1990-1999). New members, and seasoned ones as well, can readily articulate the reason for our existence. The four essential objectives of the Decade are:

    * Promoting acceptance of the substantive principles of International Law;

    * Promoting peaceful settlement of disputes, including greater use of the International Court of Justice (ICJ);

    * Encouraging progressive development of International Law and its codification;

    * Encouraging the teaching, study, dissemination, and wider acceptance of International Law.


MEMBERS ACTIVITIES:
Events:

Our inaugural Vice Chair, Martha Trofimenko, organized an Association of American University Women (AAUW) study group on the United Nations in our Wilmington, Delaware branch in 1999. This branch of the AAUW has since met a number of times and were/are planning a trip to UN. Martha is the International Relations Chair for this AAUW Branch. She also gave a paper in New York at the Association for the Study of Nationalities "Conference 2000." The topic was Law as Infrastructure. A bit theoretical, but some good questions followed.

The Chair organized a conference entitled "Cross-border Urbanization in the 21st Century: The San-Diego-Tijuana Model." His law school will publish the resulting Symposium Issue, in Volume 23.1 of the Thomas Jefferson Law Review in Fall, 2000. (Contact bills@tjsl.edu for ordering information). The Conference Web Page is http://home.att.net/~slomansonb/sdtjconf.html.

Teaching:

  • Nicole Clarke (Barbados) has left the Faculty of Law of the University of the West Indies, where she was working as Research Fellow. She is now working with the Permanent Mission of Barbados in Geneva. Her duties include covering work/negotiations at the various international organizations, particularly the WTO and UNCTAD.

  • Mathu Sornarajah (Singapore) will be teaching a course on International Law and Foreign Investment at the Centre for Petroleum and Natural Resources Law at the University of Dundee, Scotland in June, 2000.

    Scholarship (alphabetically by author):

  • Robert S. Jordan, Research Professor of International Institutions at the University of New Orleans, has published Norstad, Cold War NATO Supreme Commander: Airman, Strategist, Diplomat (St. Martin's Press).

  • Jianming Shen (moderated the 1998 UN21 International Terrorism Panel) published:
    (1) Yugoslavia's Requests for Provisional Measures in the Legality of Use of Force Cases, 1999 Australian International Law Journal 33-62 (1999);
    (2) The Basis of International Law: Why Nations Observe, 17 Dickinson Journal of International Law 287-355 (1999);
    (3) The Status of Customary International Law in the Municipal Law of the Hong Kong Special Administrative Region, in Raymond Wacks, ed., The New Legal Order in Hong Kong p. 211-234 (Hong Kong: Hong Kong University Press, 1999) (ISBN 962-209-507-0, xxi, 687 pp.); and
    (4) The Essence of the Nansha and Xisha Disputes and the Prospect of Their Settlement, Proceedings of the Luso-asian Forum International Seminar: the Asia-pacific Region on The Eve of The 21st Century-trends of Regional And Multilateral Security (University of Macau Press, 1999).
    He has four more articles which have been selected for publication. They will appear in this section of the Newsletter in the near future!

  • William R. Slomanson published the 3rd edition of his classroom text, entitled Fundamental Perspectives on International Law, accompanied by Teacher's Manual and Course web page http://home.att.net/~slomansonb/txtcsesite.html.

  • Mathu Sornarajah's book, the Settlement of Foreign Investment Disputes in International Law, is being published by Kluwer International.


    ASIL 2001 ANNUAL MEETING THEME:
    The following e-mail message was forwarded to UN21-and all interest group chairs--on May 30, 2000:

    To:        UN21
    Subject: ASIL ANN MTG 2001INT GRP PROPOSAL(?)

    I've just received the following msg fm ASIL re the Spr 2001 Annual Meeting. Please read it and think about whether we might consider setting up a UN21 panel for the Ann Mtg in Wash., DC. We have until July 1st to submit a proposal.

    I am also looking for op-eds for our next Newsletter. This is an opportunity for our members to share perspectives on matters of interest to group members--without having to necessarily engage in footnoted scholarship. Please consider sharing your views on a topic which concerns you (maybe related to the following Annual Meeting theme). Submit to me by mid-June, if
    possible, so that I can incorporate into next Newsletter (#21). I would also like any submissions to be submitted also to our new Vice Chair Martha Trofimenko trofimenko@dol.net. (At out annual interest group business meeting in Wash. this April, I solicited and received approval for expanding the leadership of our group, as outlined in the post-meeting Newsletter #20--April, 2000).

    WRS
    ---------------------------------------------------------------------------------------
    Having given very serious consideration to your input during the April meeting, the President and co-chairs are implementing changes in the Interest Group role for the 2001 Meeting. First, Interest Group meetings will be scheduled for times other than the 800 am slot, to be used for business meetings and/or programs unrelated to the Meeting theme.

    Second, in providing you with the theme statement simultaneously with the website posting, the co-chairs and program committee invite and welcome Interest Group proposals for panel topics, speech topics, panelists and speakers. Please send all such proposals by email to them by July 1 by using email address asil@meeting.asil.org. Although, as in past years, there will be many more proposals than can possibly be used in the Meeting, they will consider all proposals submitted, and endeavor to respond to all submitters by September 1.

    Thank you, and we look forward to hearing from you.
                David J. Bederman
                Lucy Reed

    ---------------------------------------------------------------------------------------

    ASIL ANNUAL MEETING 2001
    The Visible College of International Law

    In his famous observation made nearly a quarter century ago in 1977, Professor Oscar Schachter referred to our profession as an "invisible college of international lawyers." The turn of the century, and the (true) millennium, invites an examination of this intriguing characterization.

    The 95th Annual Meeting of the American Society of International Law will undertake a rigorous and focused examination of the discipline of international law itself. As members of this learned society, we will review our historical evolution, our current status, and our future prospects as a college - we submit, an increasingly visible college--of international legal scholars, practitioners, policymakers and social scientists.

    The discipline and practice of international law and lawyering have vastly changed in the past decades. We have grown in number but, most would agree, we have divided our ranks. In the academy, the schism between international law and international relations continues to grow, despite significant interventions to close that gap. Many individuals in the field of international law, especially in the corporate world and the highest reaches of governments, are not formally trained as international lawyers or lawyers at all, and do not identify themselves as such. Specialties among practicing international lawyers, virtually unheard of even a decade ago, are multiplying and flourishing. In scholarly circles, there is growing allegiance to new sub-disciplines, appealing methodological approaches, and doctrinal revisionism.

    We propose, in the face of such dynamism, to look back to our origins and to take stock. Are we still a college - a group that cuts across physical borders, national interests and ideological divides, in pursuit of the common mission of promoting a rule of law for international affairs? Can it still be said that we are invisible, or have we emerged as a distinct, open, public and occasionally unruly community?

    For the first time, this Annual Meeting will also examine how international lawyers are perceived by those outside our calling. We will consider the views and perceptions of the journalists who write on international matters, the publishers who disseminate our knowledge, our private and public clients who respond to our counsel, and - perhaps, most importantly of all--our public both here and abroad who expect, and deserve, from us wise and objective guidance in international affairs.

    Implicit in Professor Schachter's "invisible college" remark was the idea that international lawyers are an epistemic community that transcends national boundaries. The idea of "avocats sans frontiers" is appealing but, even in the Internet age, can it really be said that borders and the national sovereignties they demarcate are (or will ever be) irrelevant?

    Indeed, we know that territorial disputes are actually increasing, even as the central tenets of national authority within boundaries are being hotly disputed. By definition, a key element of our common mission in international law is to assist in resolving, anticipating and avoiding such disputes, whether through scholarship, counsel or action. Are we doing so? And are we given credit for doing so?

    On a less grand level, closer to home, do we in practice meet our own exacting standards of internationalism? Do we have sufficiently broad and deep bonds with lawyers from other nations? To revert to (and take license with) Professor Schachter's turn-of-phrase, are we looking to the future as a truly international college of international lawyers?


    UN21 PANEL PROPOSAL:
    The deadline for proposals was July 1st-which gives interest groups very little time to assemble
    panel proposals. However, the Society does need a significant amount of lead time to produce
    an excellent annual program each Spring. I sent my June 29th proposal to the address provided by ASIL-which you received via e-mail. However, I had to resubmit it on June 30th, because the given address was incorrect. That provided the opportunity for me to revise our submission, include some additional details, and attempt to concoct a more attractive topic title.

    Our proposal appears immediately below. I will advise UN21 via our e-mail listserv, regarding the ASIL's response. Even if they do not accept our panel suggestion-and no one expects that some other group would be selected to present the same topic-we can still present this panel during our allotted business meeting time during the April 4-7 Annual Meeting of the ASIL in Washington, DC. FYI, I presented details about my work, because I do not frequent the "Beltway." I thus thought it wise to share my experience with the Annual Meeting Committee.  

    -------------------------------------

    To:        Sandra Liebel (SLiebel@asil.org)
    Subject: UN21 INT GRP PANEL PROPOSAL (REVISED)
    Cc:        UN21, current_panelists@net

    The UN21 Interest Group proposes the following panel for the April 4-7 Annual Meeting of the American Society of International Law in Washington, DC. Our objective is to present panelists, from outside of the US, who can contribute their perspectives on the general topic we hereby propose. For an international conference I just organized http//home.att.net/~slomansonb/sdtjconf.html, I spent many months working to ensure that there would be a diversity of perspectives which would be of interest to the audience. Thus, I
    anticipate that, over the next several months, refinements will result in somewhat modified titles and divisions of labor, including the final order of the panelists listed below.

    We seek the understanding of the Society because certain cost issues may impact the final composition of this truly international panel. Although those listed below will hopefully not need any funding to attend, I believe that any issues which might surface can be resolved very soon. My interest group has authorized me to negotiate and use of our budget surplus (about $2,400.00) for panelist expenses--if necessary. My belief is that most, but not necessarily all of the potential panelists I have contacted, will be able to cover their own expenses. One such problem involves a potential presenter from The Ukraine, whose travel/hotel/registration/food costs would immediately wipe out all of our available interest group money--so I have not listed her at this time. 

    -------------------------------------

    Topic: INTERNET VISIBILITY FOR THE COLLEGE OF INTERNATIONAL LAWYERS

    Moderator: Bill Slomanson (US) [see "Electronic Lawyering and the Academy," 48 Journal of Legal Education 216-- electronic version at http//home.att.net/~slomansonb/jle.html]

    Panelist #1 Mathu Sornarajah (National University of Singapore Law School)
    Working title: "WWW Linkage and the Developing World"

    Panelist #2 Wendelien Baars (UKInternational Bar Association Staff)
    Working title: "International Bar Association and the Potential for Web Linkage"

    Panelist #3 Mark Kende (Visiting Fulbright Fellow, University of Stellenbosch, South Africa)Working title: "The Internet as an International Legal Scholar's University Campus"

    Panelist #4Mahmud Samandari (EcuadorGlobalTel Corporation)
    Working title: "National/International Regulation of the Internet and Interactive Distance Learning" or "National/International Regulation of the InternetEnhancing or Inhibiting Delivery of Legal Services"

    Panelist #5 Joseph J. Smallhoover (American-born French lawyer & Adjunct, Univ. of Paris) Working title: "European Perspectives on the Internet and Legal Services"

    Panelist #6 Erick Iriarte (PeruCoordinator, Derecho.org)
    Working title: "Cyber Legal Communities and the International Lawyer"

    Respectfully submitted,
    Bill Slomanson, Chair
    UN21 Interest Group


    READERS' CORNER:
    Information on the books in this segment of the Newsletter is genreally provided as follows:
    author, title, publisher, year of publication, ISBN number, and [number of pages]. Because our Newsletter is now published in electronic format, Publishers Information will be provided via website address (when available) as of this issue.

    Certain categories contain "bullet entries." These publications are books which were unsolicited submissions, not formally reviewed because of time/space constraints, and worthy of mention.

    Comparative Law Corporations Country/Regional Studies
    Courts/ADR Democracy Diplomatic Relations
    Economic Law Environment Human Rights
    International Organizations Internet Legal Developments Law of the Sea
    Lawyers/Lawfirms Peacekeeping Recognition/Statehood
    Religion Space Law Treatises/Readers
    Womens' Rights   Publishers Information
    Note: "Bullet" entries signified by the symbol "

  • " indicate those books which publishers forwarded to the Editor, or otherwise came to his attention, which were not fully reviewed but merited special mention. (In a number of instances, books with similar themes have been recently reviewed in this Newsletter.) These entries are included at the end of each subsection this Reader's Corner compilation.

    Comparative Law

      K. Zweigert & H. Kotz, Introduction to Comparative Law (3rd ed. Oxford Univ. Press:, 1998) (Weir Translation) [714] paper ISBN 0-19-826859-9 
           This familiar book, now in its third edition and translated from the 1996 German original, is the standard classroom text for courses in Comparative Law in both common law and civil law countries. It succinctly collates a vast array of information for presentation in a semester course.
           The first part of this book commences with a brief discourse on the underlying nature of the subject matter, its utility, and venerable history. The gist of the book presents chapter-based discourses about the "family" of legal systems-the genealogy, key substantive and procedural codes of the various legal systems of the world. Part II then continues with a subject matter approach, making comparisons about the essential contract and tort provisions among these systems.
           This is an excellent guide to legal systems of the world, for both students and lawyers concerned with key differences and similarities, both because of its rich content and its ability to shrink a rather large body of information into a succinct one-volume publication.

    Corporations

      D. Saari, Global Corporations and Sovereign Nations: Collision or Cooperation? (Quorum: 1999) [362] paper ISBN 1-56720-205-5
           The author, a professor in the School of Public Affairs at American University (Wash., DC), provides a fascinating rendition of the continuing debate about the degree to which the Fortune 500 should be able to operate in an environment relatively free of significant national control. The populace of affected nations do not elect the CEOs, yet global corporations wield a great deal of power in the markets where they flourish. The underlying theme addresses arguments for including unrepresented individuals in a multinational dialogue.
           Part I of four parts covers the interrelationship between international corporations and the nations where they are located. It focuses on the foundations of the modern corporate order. Part II addresses issues involving trade, labor, and corporate investment. Part III then provides a balance by focusing on the risks associated with foreign investment, as well as analyzing
      corporate crime and making ethical assessments. Part IVpredicts the future of corporate investments in democratic societies.
            The UN-based New International Economic Order did not anticipate the reaction of investment flight, and the surge of bilateral investment treaties designed to once again attract capital. Thus, for one seeking useful guidance about what has or may work/fail, or the degree to which state sovereignty is jeopardized by modern corporate growth, this book is a useful critique of the salient features of any program which might seek to "reign in" what may effectively be a not-so-visible branch of the international legal order.

    Country/Regional Studies

      C. Smith, Inevitable Partnership: Understanding Mexico-U.S. Relations (Rienner: 2000) [241] paper: ISBN 1-55587-873-3
           This primer is a succinct overview of a relationship between two nations which are far more inter-dependent than most analysts realize. They share the second longest border in the world. Their governments and societies evolved in roughly the same historical period. Each is now bound by the North American Free Trade Agreement. Yet there have been many misunderstandings in the course of this national relationship, as illustrated by this useful assessment.
           Part I surveys the salient features of the two-hundred year relationship. Part II addresses contemporary issues, such as Mexico's place in the global economy, its political transformation, drug trafficking, and environmental issues. Part III closes out this handy appraisal with its assessment of trends in an international relationship which may be the model for converting from just "NAFTA" to a free-trade area for all of Latin America.

      R. Solomon, Chinese Negotiating Behavior: Pursuing Interests Through 'Old Friends' (USIP: 1999) [204] paper ISBN 1-878379-86-0
           A generation of moderately hostile political encounters followed President Nixon's historic visit to the PRC in 1971. Given the most recent elections in Taiwan, and the US decision to accord the PRC normal trade relations status, this book is a timely "must read" for anyone interested in Chinese affairs.
           This assessment engulfs the reader in the PRC's negotiating behavior, vis-a-vis the U.S., which characterized various administrations since Mao. It is an insightful snapshot of the behind-the-scenes reality of many public encounters. Often, the press has headlined various incidents, without emphasizing the critical details associated with the real dialogue between these two very different political systems. Chinese Negotiating Behavior thus provides a focused opportunity to fill in the important details involving style, process, and strategy. It is well-written, authoritatively supported, and complete with an extensive eight-page bibliography for further reading.

    • A. Abu-Odeh, Jordanians, Palestinians & The Hashemite Kingdom, in the Middle East Process (USIP: 1999) [32] paper ISBN 1-878379-88-7

    • C. Kim, Korean Law Study Guide (2nd ed. Cross-Cultural Associates: 1995) [64]

    • A. Ould-Abdallah, Burundi on the Brink 1993-1995: A UN Special Envoy Reflects on Preventative Diplomacy (USIP: 2000) paper ISBN 1-929223-00-5

    • S. Snyder, Negotiating on the Edge: North Korean Negotiating Behavior (USIP: 1999) [213] paper ISBN 1-878379-94-1

    • R. Tiersky (ed.), Europe Today: National Politics, European Integration, and European Security (Rowland & Littlefield: 1999) [492] paper ISBN 0-8476-8591-8

    • Webster's 21st Century World Atlas (Barnes & Noble: 1999) [176] ISBN 0-7607-1658-7

    Courts/ADR

      E. Guild & G. Lesieur, The European Court of Justice on the European Convention on Human Rights: Who said what, when? (Kluwer: 1998) [440] ISBN 90-41-0433-X
           A non-specialist does not necessarily think of the European Court of Justice (ECJ, Luxembourg), in terms of case law interpretation of the European Convention on Human Rights-the conspicuous province of the European Court of Human Rights (Strasbourg). For twenty-five years, however, the ECJ has been referring to the Human Rights Convention in its evolution of European Community Law.
           This text fully integrates the human rights case law of the ECJ, the Court of First Instance, and the opinions of the Advocates General of both of these courts into one text. It quite conveniently unfolds via its assessment of each substantive right mentioned in the Convention and its Protocols-Article by Article. No library collection focusing on European Community Law would be complete without this very handy tool for accessing the case law references to the Human Rights Convention by the "ECJ" machinery.
           The initial chapter first traces the Human Rights convention in general, on a leading case basis. Chapters II though XIII cover the substantive articles of the Convention. The other chapters then address Article 1 of the 1st Protocol (Peaceful Enjoyment of one's Possessions), and Articles 2 and 3 of the 4th Protocol (Liberty of Movement & Expulsion/Admission of Nationals). Each chapter includes the cases interpreting that chapter's treaty provision. The superb organization is further facilitated by the following: Appendix I table of cases by Article; Appendix II list of cases by type of action; a general table of cases; table of relevant treaties; and finally a relatively comprehensive Index. Readers thus have access to the raw data from a variety of organizational approaches.

    • C. Crocker, F. Hampson & A. Aall (ed.), Herding Cats: Multiparty Mediation in a Complex World (USIP: 1999) [735] paper ISBN 1-878379-92-5

    • J. Paust, J. Fitzpatrick & J. van Dyke, International Law and Litigation in the U.S. (West: 2000) [1038] ISBN 0-314-23886-7

    Democracy

    • S. Ramet, Whose Democracy?: Nationalism, Religion, and the Doctrine of Collective Rights in Post 1989 Eastern Europe (Rowman & Littlefield: 1997) [233] paper ISBN 0-8476-8324-9

    Diplomatic Relations

      E. Denza, Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations (2d ed. Clarendon: 1998) [451] ISBN 0-19-826582-4
           This publication is, of course, a cornerstone in any large or small library collection dealing with diplomats-the legal norms for which are enshrined in the Vienna Convention on Diplomatic Relations (VCDR). This enlarged and updated edition updates the first edition of 1976, covering new developments such as abuse of immunity. It remains the "must have" work for all members of the worldwide diplomatic community.
           The front matter Table of Cases is a handy collection of cases from national courts which are analyzed in the author's narrative discussion of the salient features of the VCDR in practice. This book is conveniently organized by Article-each of which appears at the outset of each subsection, followed by a narrative description of the history and evolution of the Convention's interpretation in several contexts. The articles, or relevant groupings, are thus addressed in the context of prior customary practice, negotiating history, and State practice subsequent to its appearance on the international horizon. The majority of cases are by English and American courts, with a viscous sprinkling of opinions from French, German, Spanish tribunals-as well as those translated into the English-language International Law Reports.
           The coverage also includes the: Optional Protocol Concerning Acquisition of Nationality; Optional Protocol Concerning the Compulsory Settlement of Disputes; full integrated text of the VCDR; State parties to these documents; and an Index.

    Economic Law

      M. Hodges, J. Kirton & J. Daniels (ed.), The G-8's Role in the New Millennium (Ashgate: 1999) [191] ISBN 1-84014-774-1
           "G-8" of course refers to the eight major market (capitalist) democracies-now including Russia. The twelve chaptered articles provide a variety of insights regarding the critical issues at the centre of this group's economic agenda.
           The first part of this book assesses competing views about the actual effectiveness of the G-8 process, which has been a series of summits producing collective commitments designed to provide economic leadership for all nations. In the second part of the book, the chapters analyze this group's role in directly confronting and resolving significant issues such as the relatively recent international financial crisis which began in Asia. The concluding part explores investment, labor, and crime-related issues of concern to the G-8.
           This publication is a succinct, but authoritative primer on this organization's role as a potential policy-making alternative body for managing global financial challenges.

      A. Lowenfeld, International Economic Law: Volume I-International Private Trade (3rd ed. Matthew Bender: 1997) [various pagings] paper ISBN 0-8205-2992-3
           The first volume of the third edition of Professor Lowenfeld's venerable work surfaced without much fanfare. This is an interesting "downside" to producing a key work in the field-almost as if everyone expects no less than the best, and thus is not as impressed as they should be about revisions.
           Volume I (of six) is about the same size as its predecessor. It is chock full of well-documented updates, while retaining the best of the past. This is the volume of the set which covers documentary sales, excuse for nonperformance, dispute settlement for international sales transactions, and the letter of credit.
           While the author points out that there is no new leading case to analyze, the move toward codification in all areas of International Law has also touched the subject of this volume. Thus, he covers matters including the post-Second Edition UCPs for Documentary Credits, INCOTERMS, and UNIDROIT's Principles of International Commercial Contracts.
           For those who are considering teaching in the private International Law area for the first time, and thus may not be familiar with this work, it may be used as the basic or supplementary materials for a course on International Economic Law, International Investment Law, International Commercial Law, and like titled courses.

    • R. Folson, M. Gordon & D. Lopez, NAFTA: A Problem-Oriented Coursebook (West: 2000) [824] ISBN 0-314-23966-9

    Environment

      A. Elhance, Hydro-Politics in the 3rd World: Conflict and Cooperation in International River Basins (USIP: 1999) [309] paper ISBN 4-878379-90-9
           Half of the world's land mass is covered by river basins shared by two or more nations. Competition for the water resources in those basins can readily lead to violence, especially where the sharing nations do not have homogenous political views. Population increments add to these pressures and the need to manage conflicts.
           This book analyzes six of those major river basins: Parana-La Plata Basin (central Latin America); Nile Basin (Middle East/Northern Africa); Jordan Basin (Middle East); Euphrates-Tigris Basin (north eastern Middle East); Ganges-Bramaputra-Barak Basin (south central Asia); and Mekong Basin (Indochina). The author examines each basin's political and economic geography, potential for conflict, and national efforts to establish agreements for sharing water resources. He articulates the impediments to cooperation, as well as the prospects for progress, premised on the reality that both the strong and the weaker riparian Nations cannot reasonably result to war to resolve respective demand issues.
           If you reside in a nation which has not faced like problems of any magnitude, this provocative international environmental study will clearly help you realize why such inattention is unthinkable in many developing nations-and why, as the author puts it, "unilateralism and water don't mix.".

    • T. Homer-Dixon & J. Blitt (ed.), EcoViolence: Links Among Environment, Population, and Security (Rowman & Littlefield: 1998) [238] paper ISBN 0-8476-8870-4

    Human Rights

      P. Ghandi, The Human Rights Committee and the Right of Individual Communication: Law and Practice (Ashgate: 1998) [522] ISBN 1-85521-768-6
           The First Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) authorizes individuals in ratifying States to submit petitions to the UN Human Rights Committee, alleging violations of the ICCPR. The ICCPR is a cornerstone of the global International Bill of Human Rights. It establishes standards which ratifying nations must abide by. This Protocol thus elevates State adherence to those standards to the next level.
           This publication is an authoritative chronicle of both UN and State practice in the field of human rights. It analyzes the procedures and effectiveness of this essential UN program for monitoring compliance with the rights afforded individuals under the ICCPR. It has an innate appeal for all segments of the international human rights community, because of the author's complete yet succinct restatement of the text and spirit of the right of the individual to access well-established procedures for ensuring State compliance.
           The various chapters focus on admissibility of claims, anonymity, fundamental procedural issues, and the express/implicit views of the Human Rights Committee. The book's front and end matter includes a rather complete Table of Cases, bibliography, text of the relevant conventions, and Committee rules of procedure. The comprehensive and well-documented analysis places this book in the "required reading" category for any human rights course, and serious research effort.

      D. Harris & S. Livingstone (ed.), The Inter-American System of Human Rights (Clarendon: 1998) [588] ISBN 0-19-826552-2
           Any library or private collection specializing in human rights would be incomplete without this discourse on human rights practice in the Americas. It analyzes some disappointing-but hopefully waning-features of this regime including: disappearances, states of emergency, amnesty, and rights of indigenous peoples. Its fourteen chapters are authored by academics and practitioners who are leaders in the field, and not confined to viewpoints from one or two countries. Access to content is readily facilitated by case and instrument tables, bibliography, and a brief but functional Index.
           The chapters are well-written, lively, and chock full of authority for positions presented. They analyze regional protections, functioning of the Inter-American Commission on Human Rights, reparations, interaction of executive and judicial instruments of the OAS, its Inter-American Commission on Human Rights, the Inter-American Court of Human Rights, the specific rights entitled to protection, amnesty and emergency regimes, and procedural shortcomings.

      F. Martin, et al., International Human Rights Law and Practice: Cases, Treaties and Materials (Kluwer: 1997) [1356] ISBN 904110616-2
           Professors in search of a human rights text which appears to "do it all" should review this work by seven leaders in the field, which is not limited to the perspectives of just one system. It is published under the auspices of Rights International-The Center for International Human Rights Law, which trains lawyers and students in this field. (See the Center's website at http://www.rightsinternational.org).
           Part One overviews the evolution and protective mechanisms of International Human Rights Law (IHRL). Part Two - the bulk of this casebook - presents the essential principles and laws. It proceeds via the sources, case law and other materials, to illustrate the corpus of human rights. Several chapters in this part of the book address the important practical side of enforcement: evidentiary standards, jurisdiction, international remedies, and State compliance. Part Three covers the various international criminal tribunals. Part Four shows the reader how to use interdisciplinary materials in an international litigation context. Part Five rounds out this comprehensive treatment of IHRL with its very practical focus on litigation strategy, non-litigious advocacy alternatives, and client relations-thus making this work an effective multi-volume treatise, on all layers of a rather broad universe, but found between two covers.

    • J. Moore (ed.), Hard Choices: Moral Dilemmas in Humanitarian Intervention (Rowman & Littlefield: 1998) [322] paper ISBN 0-8476-9031-8

    International Organizations

      S. Kay, NATO and the Future of European Security (Rowman & Littlefield: 1998) [197] paper ISBN 0-8476-9001-6
           This succinct analysis is especially relevant in the aftermath of the NATO bombing campaign in Yugoslavia. It traces the evolution of NATO's eastward expansion, illustrates problems with the augmented alliance, and assesses the organization's prospects for assuming and maintaining a leading military role in Europe.
           In an era when newspaper headlines focus on only the tip of the iceberg, one would profit from reading this nuanced evaluation to appreciate the when and why of NATO's post-Cold War posture. It is vividly portrayed, complete with authoritative support for its propositions, and most informative about the direction one might expect in future operations.

      M. Schecter, Historical Dictionary of International Organizations (Scarecrow: 1998) [246] ISBN 0-8108-3479-0
           This handy dictionary provides a succinct overview of international organizations from several distinct and useful perspectives. It opens with a convenient and comprehensive listing of acronyms and abbreviations commonly used to describe the world's organizations. It then presents a thirty plus page chronology of organizations and key related international events. 
           The first, and foremost, of the two major parts of this book is the Dictionary-an "A" to "Z" compilation of organizations. Each entry carries an annotated statement about the essentials of the organization, including date of creation, structure, and function. It also includes key personalities involved in the evolution of some of the major organizations. The other significant part of the book is an exhaustive sixty-page bibliography. It facilitates even further access to the literature involving international organization.
           For anyone examining international organization on either a beginning or advanced level, or pondering how to improve a library's content in this field, "Don't leave home without it!"

      UN, Guide to the Archives of the League of Nations: 1919-1946 (UN: 1999) [88] paper ISBN 92-1-101006-3
           In each issue fo this Newsletter, I attempt to include at least one title with special value to "UN21" section members who are either historians, or who hope to research the genesis of modern problems via valuable historical antecedents. While a thin pamphlet-like book, this UN publication should be included in any collection focusing on the UN or international organization generally.
           Geneva is of course the archive for League documents. This work provides convenient insight into its content. In addition to League documents, the UN's Geneva site also houses the documents of many pacifists, and other private collections, all of which chronicle internationalism in the 20th Century. One may thus become aware of what is housed in the Geneva archives, as well as current access policies for researchers.

    • P. Gordon (ed.), NATO's Transformation and the Use of Force: The Changing Shape of the Atlantic Alliance (Rowman & Littlefield: 1997)

    • I. Thomas, The Promise of Alliance: NATO and the Political Imagination (Rowman & Littlefield: 1997) [304] paper ISBN 0-8476-8581-0

    Internet Legal Developments

    • microsoft, Summary of Global Internet Legal Developments (microsoft: quarterly)

    Law of the Sea

      B. Bing Jia, The Regime of Straits in International Law (Clarendon: 1998) [250] ISBN 0-19-826556-5
           The author prepared the doctoral version of this book under the supervision of Ian Brownlie, and has now made a rich contribution to the growing body of scholarly materials on the Law of the Sea. This is a very significant geographical arena, if for no other reason than some 116 bodies of water-once containing only high seas-became subject to coastal State rules of Innocent Passage with the augmentation of territorial waters from three to twelve miles.
          
      This work covers every imaginable configuration of a strait, beginning with a useful presentation on the geographical criterion for defining the term "strait." The author also assesses the relationship between international straits and bays, passage rules before and after the special regimes under longstanding treaties, and the various national regimes for both UNCLOS and customary "transit" passage provisions.
          
      Law of the Sea specialists, and librarians whose collections focus on such materials, would have to include this extremely well-documented work and its formidable bibliography on any "required" purchase list to ensure completeness.

      P. Leitner, Reforming the Law of the Sea Treaty: Opportunities Missed, Precedents Set, and U.S. Sovereignty Threatened (Univ. Press of Amer.: 1996) [369] paper ISBN 0-7618-0394-7
           This work is a very significant contribution to the literature which dissects the primary limitation on the effectiveness of the 1982 UN Convention on the Law of the Sea III treaty (which did not enter into force until 1994). The author does a remarkable job of collating all of the nuances associated with the large power rejection of the convention's seabed mining regime.
           He essentially begins with the negotiations and resulting concerns about national sovereignty. After succinctly developing this groundwork, the book then focuses on the perceived flaws in this regime as the major culprit in stalling global acceptance on the scale anticipated when the convention's final provisions were finally hammered out in 1982: The International Seabed Mining Authority, The Enterprise, and compensation schemes. The next phase of this book addresses the 1994 treaty modifications, based primarily on U.S. objections to this attempt to dilute its national sovereignty via the convention's attempt to effectively redistribute global wealth via a shared power over ocean resources and transfer of technology to lesser developed nations.
           Access to content is facilitated by various illustrative tables, charts, and figures throughout the book. The end matter contains useful appendixes listing U.S. seabed mining licenses, presenting the text of the 1994 agreements, and providing various chronologies.

    Lawyers/Lawfirms

      J. Silkenat & W. Hannay (ed.), Guide to Foreign Law Firms (3rd ed. ABA: 1999) [355] paper ISBN 1-57073-720-7
           It is a pleasure to once again review a new and expanded edition of this very useful publication. This edition was prepared by partners in two major law firms in New York and Chicago, who specialize in private international practice. While not to be considered a recommendation by the authors or the International Section of the ABA, inclusion of firm names is based on the suggestions and personal experiences of various section members. Not being listed is not a form of disapproval. In the words of the authors, "This volume is intended to be a practical reference tool for lawyers, not an encyclopedic listing of all qualified lawyers in a particular foreign jurisdiction." Thus, the user has "A" to "Z" access to lawyers and law firms in most jurisdiction so the world, including mailing address, telephone, fax, and partner information.

    Peacekeeping

      H. McCoubrey & J. Morris, Regional Peacekeeping in the Post-Cold War Era (Kluwer: 2000) [252] ISBN 90-411-1317-7
           There have been many books on peacekeeping. This one is a refreshing perspective about regional options in the post-Cold War era. Given the many burdens currently shouldered by the UN, it is evident that the resources and structural components of future successful peacekeeping must emanate from regional organizations. The authors are careful, however, to present both the obvious and the latent disadvantages of regional operations experienced to date.
           This book thus assesses this pivotal peacekeeping issue, with its analysis of the potential for, and limitations associated with, regional alternatives like NATO. It therefore looks deep into the fabric of various regional agencies as potential actors on a very volatile stage. It assesses the contemporary dilemma of establishing regional peacekeeping missions, while operating within the confines of Artilce 53 of the UN Charter-and its penchant for peacekeeping operations subject to Security Council politics.

      F. Olonisakin, Reinventing Peacekeeping in Africa: Conceptual and Legal Issues in ECOMOG Operations (Kluwer: 2000) [246] ISBN 90-4121-1321-5
           ECOWAS is the Economic Community of West African States. ECOMOG is its military component. The term ECOMOG refers to the ECOWAS Monitoring Group (created in 1990 to deal with the Liberian crisis). Nigeria is the dominant player in this regime.
           The various chapters provide the details missing from most analyses of modern peacekeeping. The author thus addresses the problems spawned by governmental collapses in Liberia (1990) through Sierra Leone (present). She traces the operational ambit of ECOMOG, and its military and sociological missions, in the quest for local control of international peacekeeping. She effectively articulates the interplay among, and potential effectiveness of, the various actors which may play a role in post-Cold War peacekeeping in Africa: neighboring States, regional organizations, non-State actors, and the UN.
            Any public or private library peacekeeping collection would be rather incomplete without this handy reference tool for assessing the emerging role that regional alternatives are likely to play in future peacekeeping operations.

    • O. Otunnu & M. Doyle (ed.), Peacemaking and Peacekeeping for the New Century (Rowman & Littlefield: 1998) [352] paper ISBN 0-8476-8727-9

    Recognition/Statehood

      O. Okafor, Re-Defining Legitimate Statehood: International Law and State Fragmentation in Africa (Martinus Nijhoff: 2000) [232] ISBN 90-411-1353-3
           A number of books define Statehood in a global context. This one makes a noteworthy addition to the philosophical literature because of its emphasis on traditional norms as applied to the African Continent.
           The author begins with a fascinating analysis of the roots of what he describes as the "crisis of legitimate State hood in Africa." He focuses on the continuity of this crisis involving what is primarily intra-State fragmentation. He portrays the ways in which various actors and institutions within the international legal community have reacted. That order has thus unwittingly frustrated Africa's search for peace and development. His primary contribution is to articulate an argument that International Law's "coercive homogenisation" of different groups unnaturally forces Statehood into a counter-intuitive reality-and thus, the claimed need for a redefinition of Statehood.

      S. Pegg, International Society and the De Facto State (Ashgate: 1998) [308] ISBN 1-84014-478-5
           This readable assessment explores the realities of de facto Statehood. Such a State lacks legitimacy in terms of not being able to function as a full-fledged member of the community of nations. However, it effectively controls a given territory and provides a government for a specific population.
           This succinct and well-reasoned description of this phenomenon first defines the general meaning of the term "de facto" State. It then provides concrete applications by focusing on four distinct scenarios: Eritrea prior to its independence; Norther Cyprus; Somaliland; and Tamil Eelam. The reader may thus enjoy a spirited discussion of the implications of the existence of communities which do not quite function within the mold of traditional international norms associated with the Westphalian concept of Statehood.

      S. Talmon, Recognition of Governments in International Law: With Particular Reference to Governments in Exile (Clarendon: 1998) [393] ISBN 0-19-826573-5
           The author has tendered a masterful description of a somewhat neglected area in the academic literature: recognition of governments in exile. He incorporates a diversity of sources, including diplomatic practice, national and international judicial decisions, and other resources-culminating in a contemporary analysis of this ill-defined legal status. In addition to conveying the historical footing for such recognition, this book presents a fascinating review of the exile governments of Angola, Cambodia, Panama, Kuwait, and Haiti.
           In the General Editor's Preface for this Oxford Monograph series, Ian Brownlie describes this work as "a masterpiece of exposition both of the general issues of recognition and of the special department of governments in exile.."-probably about as honoring an attribution as a writer in International Law can ever achieve. The work is clearly written, which is enviable given the complexity of the subject matter. It is richly adorned with support for its given propositions, and serves as the most prominent answer to the question it presents regarding this branch of governmental recognition.

    • G. Herb & D. Kaplan (ed.), Nested Identities: Nationalism, Territory, and Scale (Rowman & Littlefield: 1999) [343] paper ISBN 0-8476-8467-9

    • R. Schaeffer, Severed States: Dilemmas of Democracy in a Divided World (Rowman & Littlefield: 1999) [273] paper ISBN 0-8476-9335-X

    • M. Spencer (ed.), Separatism: Democracy and Disintegration (Rowman & Littlefield: 1998) [338] paper ISBN 0-8476-8585-3

    Religion

      J. Cornwell, Hitler's Pope: The Secret History of Pius XII (Viking: 1999) [430] ISBN 0-670-88693-9
           There have been daunting questions since World War II about the relationship between the Catholic Church's wartime leader, Pius XII, and the Third Reich's Adolf Hitler. This well researched and fabulously written publication is a fascinating voyage into the public life of two men who occupied positions of great power and control. One was a religious leader who was not a monster, but drawn into complicity with a political leader who many considered the devil incarnate.
           Pius XII embroiled the Catholic Church in a lasting debate about his failure to speak out against Hitler's atrocities. He was a Vatican lawyer in the 1920s and acted as the then Pope's emissary to Germany. In 1933, he negotiated a treaty with Hitler, whereby the Nazis would rise to power unopposed by the Vatican. The author painstakingly illustrates how this Pope's actions were consistent with a career dedicated to enhancing Papal power at virtually any cost. The author thus poses what that legacy means for the Church today.

      M. Janis & C. Evans (ed.), Religion and International Law (Kluwer: 1999) [513] paper ISBN 90-4119-572-6
           This is a welcomed followup to the earlier work of Professor Janis, when he edited Kluwer's 1991 The Influence of Religion on International Law (also favorably reviewed in an earlier UN Decade Newsletter). He has now teamed up with fellow Oxford professor Carolyn Evans to produce another comprehensive work which incorporates a significant facet into one's understanding of International Law.
           The multiple authors of this twenty-two chapter book present a rather comprehensive overview of the role of religion in the evolution of the international legal order. The entries range from antiquity to the present, with a diverse sprinkling of diverse religions and places in between. A representative sampling includes the Confucian influence, Hindu India, Judaism, Islamic International Law, natural law, and the Quakers.
           No collection of sources, and no basic course offering, would be complete without access to this vivid collection of resources covering one of the most sensitive and pervasive features of the evolution and contemporary functioning of the Law of Nations.

    Space Law

      UN, Report of the Third United Nations Conference on the Exploration and Peaceful Uses of Outer Space (UN: 1999) [152] paper ISBN 92-1-100832-8
           The UN convened its third space law conference in Vienna in July, 1999. This booklet reports the proceedings. It contains the key resolution adopted by the conference members: The Space Millennium: Vienna Declaration on Space and Human Development. It also carries the important background for, and recommendations, by the conference delegates. The proceedings are summarized, including the general exchange of views, reports of various committees, and various conclusions and other proposals.
           As a growing number of universities are teaching Space Law courses, and certain companies are continuing to focus on space issues, this report will be a useful guide to State expectations in both the technical and legal arenas.

    Treatises/Readers

      S. Blay R. Piotrowicz & M. Tsamenyi (ed.), Public International Law: An Australian Perspective (Oxford: 1997) paper ISBN 0-19-553993-1
           One cannot teach a truly "international" course without reliance on resources from outside of one's own nation. This well-documented book presents the essentials of International Law by Australian authors. If there is a true community of international lawyers/professors, then one might not be surprised to learn that a "foreign" work is nevertheless a restatement of generally recognized principles. Thus, the authors' basic chapter organization is presented here, so that teachers from all nations can decide whether to adopt a "different" book from which to present the course or offer research guidance.
           Ch. 1: The Nature of International Law. Ch. 2: The Structure of the International Legal System. Ch.3: Sources of International Law. Ch. 4: The Law of Treaties. Ch. 5: International Law and Domestic Law. Ch.6: Pacific Settlement of Disputes in International Law. Ch. 7: Jurisdiction. Ch. 8: The Creation and Recognition of States. Ch. 9: State Responsibility. Ch. 10: The Use of Force. Ch. 11: Human Rights. Ch. 12: Refugees. Ch. 13: The Law of the Sea. Ch. 14: International Environmental Law. Ch. 15: Antarctica and International Law. Ch.16: Current Trends in International Legal Theory.

      I. Brownlie, Principles of Public International Law (5th ed. Oxford: 1998) [743] paper ISBN 0-19-876299-2
           As I stated in my AJIL review of Professor Brownlie's 3rd ed., "... a veritable research dream. There is a generous sampling of comparative authority, not easily produced without exhaustive research efforts ... ideal reading for lawyer, professor, law student and anyone contemplating the study of law."
           The 5th is like a fine wine. It got better! Fortunately, the organization has not changed significantly. The author has inserted a chapter on the environment, added a section on the disintegration of States, and has removed the former chapter 27 on techniques of supervision and protection.
           It almost goes without saying that any public or private collection which does not house this fundamental title could not be frequented by serious students of International Law.

    • J. Rogers, International Law and United States Law (Dartsmouth: 1999) [254] ISBN 1-84014-060-7

    Womens' Rights

      S. Ali, Gender and Human Rights in Islam and International Law: Equal Justice Before Allah,  Unequal Before Man? (Kluwer: 2000) [358] ISBN 90-411-1268-5
           The author is a Professor of Law at the University of Peshawar, Pakistan and the only female holding that title in Pakistan. Needless to say, this will be a fascinating read for anyone concerned with the increasing attention to women's rights in both domestic legal systems and in International Law.
           Professor Ali analyzes the disconnect between theoretical perspectives and practical application in Muslim nations. An outsider cannot fully appreciate this disparity until one reads her passionate but authoritative rendition of the relevant cultural practices, the relevant social and economic context, and potential cultural relativism often associated with western perspectives on human rights.
           Given the mounting attention in the worldwide press to "Islamic fundamentalism," and its real and apparent impact on females, every human rights or gender-oriented library collection must include this significant contribution in the varied categories of "International Law," "Women's Rights," and "Islamic Studies"-to name a few of the potential bases for inclusion.

    • M. Meyer & E. Prugl (ed.), Gender Poltics in Global Governance (Rowman & Littlefield: 1999) [315] paper ISBN 0-8476-9161-6

    Publishers Information

    • ABA : ABA Publishing, Book Publishing, 750 No. Lake Shore Drive, Chicago, IL 60611, USA
    • Ashgate : Ashgate Publishing Limited, Gower House, Croft Road, Aldershot, Hampshire GU1 3HR, ENGLAND
    • Barnes & Noble : 120 Fifth Avenue, 4th Floor, New York, NY 10011
    • Clarendon : Oxford Univ. Press, Great Clarendon Street, Oxford OX26DP, ENGLAND
    • Cross-Cultural Associates : 964 La Jolla Rancho Road, La Jolla, CA 92037, USA
    • Dartsmouth : Ashgate Publishing Limited, Gower House, Croft Road, Aldershot, Hampshire GU1 3HR, ENGLAND
    • Kluwer : Kluwer Law International, 675 Massachusetts Avenue, Cambridge, MA 02139, USA
    • microsoft : Law and Corporate Affairs, One microsoft Way, Redmind, WA 98052, USA
    • Oxford Univ. Press : Great Clarendon Street, Oxford OX2 6DP, ENGLAND
    • Quorum Books : 88 Post Road West, Westport, CN 06881, USA
    • Rienner : Lynne Rienner Publishers, 1800 30th Street, Boulder, CO 80301, USA
    • Rowman & Littlefield : 4720 Boston Way, Lanham, MD 20706, USA
    • UN : United Nations, Geneva, SWITZERLAND
    • Univ. Press of Amer. : 4720 Boston Way, Lanham, MD 20706, USA
    • USIP : United States Institute of Peace, 1200 17th Street NW, Washington, DC 20036, USA
    • Viking : Penguin Group, Penguin-Putnam, 375 Hudson Street, New York, NY 10014, USA
    • West: West Group , 610 Opperman Drive, St. Paul, MN 55164, USA


    YOUR TURN:
    Members are encouraged to submit any comments, criticisms or suggestions to the Newsletter Editor, Vice Chair (see Contact Information above), or our Interest Group Liaison Officer - who is Sandra Liebel ( Sliebel@asil.org) or by e-mail to un21@eGroups.com.


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