In retrospect he should not have given up when, with our recognition as sole superpower marked at the opening of the so-styled (at least by the U N Assembly, with U S concurrence) "Decade of International Law," the Cold War excuse for some kind of suspension of the rules, was obliterated. The chance for the only really attainable "Peach Dividend," - a return to International Law, has passed us by. The Senator was, some say, "premature?"
___________________
Howard N. Meyer, a retired attorney and civil rights historian, is completing a book for lay readers about the World Court.
MEMBERS' ACTIVITIES:
Events:
° Nicole Clarke (Barbados) has left the Faculty of Law of the University of the West Indies. She is currently working as Counsellor in the Permanent Mission of Barbados to the UN/WTO in Geneva.
° Maurice Mendelson, Queen's Counsel; Chair of International Law, University
College, University of London: (1) chaired the July 2000, the International Law Association "Final Report of its International Committee on the Formation of Customary (General) International Law" found, in Adobe Acrobat (.pdf) format on the ILA website:
[www.ila-hq.org], click on "Committees" then "Committee on the Formation of Customary International Law," then on "Report" or "Resolution;" and (2) was elected a member of the American Law Institute.
° William Slomanson gave a web presentation in Havana, Cuba in November, entitled Global Internet Legal Developments. See http://home.att.net/~slomansonb/e-Present.html.
Teaching:
° Dr. Marcelo G. Kohen, Associate Professor of International Law, Graduate Institute of International Studies, Geneva: (1) Paris, March 2000: Visiting Professor at the Université Panthéon-Assas (Paris II), Institut des Hautes Etudes Internationales, Course on The
Creation and Transformation of the State: Contemporary Trends; (2) Geneva, 31 March and 1st April: Co-Organiser of the First Preparatory Meeting of the European Regional Conference on the International Law of Secession. Paper: " The Relationship between Territorial Integrity and
Self-determination;" (3) Paris, 25-27 May, French Society of International Law, colloquium of
Paris : "Le droit international et le temps", Paper: " L'influence du temps sur les règlements territoriaux;" (4) Sion (Switzerland), 22-24 June,: Institut universitaire Kurt Bösch, CETEL-CEJE (Faculté de droit, Université de Genève), colloquium on Globalization and Law, Paper: " Internationalisme et mondalisation;" (5) Geneva, 6-8 July, Latin American Association of Public International Law and International Organization, Co-organiser of the 1st Colloquium :
"The contribution of Latin America to International Law: Past, Present and Future". Paper: " América Latina y la soberanía territorial;" and (6) Buenos Aires, 3-4 August, Consejo Argentino para las Relaciones Internacionales, Seminar: " Reflexiones sobre la formación y aplicación
del derecho internacional en un mundo en cambio," Paper: " El balance de la codificación del derecho de los tratados."
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).
° Dr. Marcelo G. Kohen, Associate Professor of International Law, Graduate Institute of International Studies, Geneva has published: (1) "L'emploi de la force et la crise du Kosovo: vers un nouveau désordre juridique international", Revue belge de droit international, 1991/1, 122-148, as well as in Charles-A. Morand (ed.), La crise des Balkans de 1999. Les dimensions historiques, politiques et juridiques du conflit du Kosovo. Bruxelles, Bruylant, Paris, L.G.D.J., 2000, 129-166; (2) "Le droit des traités: questions restées ouvertes après la codification", United Nations, The International Law Commission Fifty Years After: An Evaluation. Proceedings of the Seminar held to commemorate the 50th anniversary of the International Law Commission,
21-22 April 1998. New York, United Nations, 2000, 74-89; (3) "Is the Notion of Territorial Sovereignty Obsolete?", dans M.A.Pratt et J.A. Brown (éd.), Borderlands under Stress. Dordrecht, Kluwer Law International, 2000, 35-47; and (4) "La codification du droit des traités: quelques éléments pour un bilan global," Revue générale de droit international public, 2000, t. 103, 577-613.
ASIL 2001 ANNUAL MEETING THEME:
The following e-mail message was forwarded to UN21 - and all interest group
chairs - on May 30, 2000:
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 INTERNET PANEL PRESENTATION:
I submitted a proposed UN21 panel to the ASIL on June 29, 2000. The panel description is as follows:
"The internet tools available to international lawyers at the opening of the 21st century could not have been imagined in Grotius's time, and indeed were barely imaginable by most of us even at the time of Oscar Schachter's "college of international lawyers" remarks. This panel will explore the impact of the internet on international lawyers and their practices. Topics will range from the seemingly limitless expansion of international law research capacity, to the new regulatory issues in e-commerce practice, to on-line dispute resolution - some of the many aspects of the new cyber campus of the college of international lawyers."
Our panel's speakers and the title of their remarks are as follows:
Panel date/time: Friday, April 6, 2001, 10:30 to 12:00
Panel Title: Cyber Campus of the College of International Lawyers
Moderator William Slomanson (San Diego: Thomas Jefferson School of Law)
Panelist #1 Mathu Sornarajah (Singapore: National University of Singapore Law School)
Title WWW Linkage and the Developing World
Panelist #2 Chris Gibson (Geneva: Head, WIPO Electronic Commerce Law Section)
Title The Internet and the International College: A WIPO Perspective.
Panelist #3 Mahmud Samandari (Ecuador: GlobalTel Corporation)
Title International Regulation of the Internet: Enhancing or Inhibiting Delivery of Legal Services?
Panelist #4 Irwin Pickus (Wash., DC: President, Global
Associates)
Title Cyber Warfare: A By-Product of Our Linkage
CALL FOR UN21 INT GRP BUSINESS MEETING AGENDA:
Although this will be a general panel, as opposed to an Interest Group meeting,
I would like to have a short business meeting just after the panel concludes-in which ever room
the ASIL assigns for the panel. You can submit agenda items to me. Alternatively, you can submit
them to Vice Chair Martha Trofimenko [trofimenko@mail.dol.net]. My time estimate is 12:00 noon until 12:30-assuming we are able to remain in the room where the panel is presented. Otherwise, we will pick an alternate location as soon as the panel is completed.
READER'S CORNER:
Information on the books in this segment of the Newsletter is
generally 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.
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 reviewed but merited special mention. (Alternatively,
books with similar themes had been recently reviewed in this Newsletter.) These entries are included at the end of various subsections in this Reader's Corner
compilation.
Note: Commencing with this issue, book titles listed alphabetically, rather than the conventional
alphabetical listing by author.
ARMS TRANSFERS
° Daniel Gallik (ed.), World Military Expenditures and Arms Transfers: 1998 (27th ed.
US Dep't State, 2000) [paper: 208] ISBN 0-16-050384-1]
BUSINESS
Grant Skabelund (ed.), Culturegrams: The Nations Around Us
(Ferguson, 1999) [paper: two volumes] ISBN 0-89434-299-1
Volume I of this set covers the Americas and Europe. Volume II covers Africa, Asia, and
Oceana. The contents of each volume are front indexed by country, making its content readily
accessible. This set is the outgrowth of Brigham Young University's four-page Culturegrams series.
This publication is particularly valuable because of its focus on the
values, customs, and culture of the people described in each national
segment of the set. While other books employ primarily a statistical
format for addressing various nations, this publication also explains
specific customs and traditions of 170 countries. Further detail is
available at <http://www.culturegram.com>.
Charles Mitchell, International Business Culture: Building Your Business
Through Cultural Awareness (World Trade Press, 1999) [paper 186]
ISBN 1-885073-54-2
The
author has the ideal background for this type of book. He has been a UPI
reporter in South Africa, and its bureau chief in Moscow. He is currently
the editorial director for a New York-based research group specializing in
global economic
forecasting.
The chapters address some critical features of international business transactions. These
include an opening chapter on Understanding Cultural Differences and others on etiquette, non-verbal communication, and cultural landmines-any of which could spoil an otherwise successful
international venture. As claimed, this work is accurately described as being part of the
publisher's practical "Short Course in International Trade Series." Anyone dealing in an
international business environment should not leave home without it.
Karla Shippey, International Contracts: Drafting the International Sales
Contract (World Trade Press, 1999) [paper 183] ISBN
1-885073-55-0
The
author specializes in intellectual property rights and related
international business transactions. She is a partner in a California law
firm, and author of other publications in this field. A refreshing caveat
notes that she is quite aware of the "contract happy" approach of the
typical US lawyer, which she factors into the advice contained in this
manual.
This book provides guidelines for both simple and complex cross-border transactions.
The author includes some sample contracts which help to explain underlying principles. The
twenty-three chapters are a delectable potpourri of scenarios covering the many features of
contracting in an international environment. As claimed, this work is accurately described as
being part of the publisher's practical "Short Course in International Trade Series."
COURTS
Mads Andenas & Duncan Fairgrieve (ed.), Judicial Review in International
Perspective
(Kluwer, 2000) [523] ISBN 90-411-1378-9
This
collection contains thirty-six individually-authored chapters, providing a
detailed narrative on the importance and application of judicial review.
It is written by leaders in the field, including two judges of the
International Court of Justice, two US Supreme Court judges, distinguished
academicians, and judges or lawyers from a host of legal
systems.
A
partial sampling of content follows: Part I is Courts and International
Law. Its chapters include the proliferation of international courts,
dualism, and the Pinochet case. Part II is entitled Courts and the
Constitution. Here, the authors address constitutional adjudication, and
the role of courts in various nations and regions. Part III covers Courts
and Administration. This part deals with various matters of judicial
review in contexts including Policy and Law, British Restriction of
Judicial Review-Europe to the Rescue, and the Law of Standing. Part IV
addresses Courts and Human Rights. Part V is Courts and Procedure,
covering matters like group litigation, damages, and interim
relief.
This work consists of a quite striking assembly of very knowledgeable jurists and
academic practitioners. It is a must for any collection containing materials on domestic and/or
international courts and how they promote judicial review.
CRIMINAL LAW
Christine Van den Wyngaert (ed.), International Criminal Law: A Collection of
International and European Instruments (2nd rev. ed. Kluwer,
2000) [1091] ISBN 90-411-1443-2
Given the recent increase in constitutive documents
involving international criminal law, this new edition is a refreshing
addition to this body of literature, confirming the very existence of this
branch of International Law. This collection helps one navigate the
labyrinth of materials spawned by international conferences and courts. It
focuses on the universal and European
instruments.
The
first of five parts contains the general human rights instruments which
are the cornerstone of international criminal law. The second presents the
multilateral treaty-bases from 1919 Versailles Treaty to the 1998 Rome
Statute. The third part contains the key documents which support the
notion of an international criminal code (Nuremberg Principles & the
ensuing draft codes of State responsibility). The fourth segment of this
collection includes the various documents which form the corpus of
"international crimes." This is the longest part, containing the key
treaties and regional directives define the parameters of such crimes. The
final part documents the level of international co-operation in criminal
matters-without which these documents would be only paper
tigers.
In addition to general collections on International Law, this handy reference tool must be
included in any collection which purports to specialize in International Criminal Law.
DICTIONARIES
Edward Hinkleman, Dictonary of International Trade: Handbook of the
Global Trade Community (4th ed. World Trade Press, 2000) [paper:
416] ISBN 1-885073-84-4
The title is not descriptive of content. The title is not misleading, however, this handy
reference tool covers much, much more than it suggests. It thus provides a great service to the
international community of trade specialists and generalists. Its well-conceived organization and
useful content make it a mini-encyclopedia for those in search of a reliable but succinct
collection of the following useful details: acronyms, international telephonic dialing guide, world
currencies, business entities worldwide, weights and measures, Incoterms, letters of credit (with
explanatory charts), ocean freight containers guide, air freight containers guide, web resources,
and trade documents guide.
ENVIRONMENT
Cesare Romano, The Peaceful Settlement of International Environmental
Disputes: a Pragmatic Approach (Kluwer: 2000) [410] ISBN 90-411-9808-3
In
the aftermath of the 1992 Rio update of the 1972 Stockholm conference,
environmental problems are becoming a formidable source of international
instability and direct threats to peace and security. At the same time,
more environmental disputes are being submitted to international
tribunals. This well-written and carefully researched study examines the
conditions necessary for the pragmatic and effective resolution of such
disputes in a judicial
forum.
The author guides the reader through ten major judicial determinations, from Trail
Smelter to Meuse River and beyond. He captures the collective essence of their origin,
rational for resorting to the judicial mode of resolution, judgment, and aftermath. He also analyses the
effectiveness of this form of dispute resolution in an environmental context. This work is thus an
excellent reader for international environmental courses, as well as being a definitive reference
for research in an arena which is just now gathering the attention it has deserved for many
decades.
HUMAN RIGHTS
Leif Holmstrom (ed.), Conclusions and Recommendations of the UN
Committee Against Torture (Martinus Nijhoff, 2000) [304] ISBN
90-411-1379-7
This
publication chronicles the Committee's work at its eleventh through
twenty-second sessions (1993-1999). This is a fascinating collection of
data via reports about alleged abuses by specific countries during this
period, ranging from Algeria through
Yugoslavia.
The
Convention against Torture and Other Cruel, Inhuman or Degarding Treatment
(The Annex) requires self-reporting every four years, thus aiding the UN
in its role of monitoring compliance. The Committee's conclusions thus
encourage a dialogue with each nation's delegation. This book contains all
Committee conclusions and recommendations for the fifty-eight State
Parties to the
Convention.
This is a must for any human rights collection because of its convenient portrayal of the
exchange between States and the UN entity charged with the task of collecting information and
reacting to the respective reports on the observance of essential human rights in member nations.
Even if one were to claim that the various reports do not necessarily reflect actual State practice
in all instances, it does reflect the expressed expectations of State Parties.
Nigel Rodley, The Treatment of Prisoners Under International Law (2nd ed. Oxford,
1999) [479] ISBN 0-19-826564-6
The
author is the UN Special Rapporteur on Torture. Like the statement in a
review of the First edition of this significant contribution, it once
again "marks a significant milestone in the development of legal
scholarship in the filed of international human rights." It exhaustively
analyzes the dozen years since publication of the prior edition in 1987.
Interim developments analyzed by the author, include the Second Protocol
to the ICCPR coming into force, thus raising questions about the continued
vitality of the death penalty under International Law. There have also
been a number of related universal instruments, regional treaties,
landmark cases (including those of the various ICCs) involving prisoners
and human
rights.
Part I of this splendidly written and researched book covers the UN General Assembly's
response to problems involving the treatment of prisoners worldwide, including a useful
chronology beginning with the preliminary torture convention discourse in 1973. The remaining
Parts analyze the numerous definitional problems associated with terms like "torture" and "ill-treatment." The author further explores the legal consequences for various treaty violations,
including available remedies for victims, and presents International Codes of Ethics for
Professionals (UN, Council of Europe, etc.). The numerous annexes contain the major
declarations and conventions.
UN, The World's Women: 2000 Trends and Statistics (3rd ed. UN, 2000) [paper: 180] ISBN
92-1-161428-7
This
UN data compilation, first published in 1991, presents and interprets
noticeable trends. It provides some of the specifics for assessing the
economic and social roles of women (and men) in different societies. One
may herein obtain data about a variety of issues affecting political and
human rights. It is not only a compilation by number crunchers. While it
takes note of certain improvements since the last edition (1995 in
conjunction with the Fourth World Conference on Women in Beijing), it also
notes the
challenges.
The six chapters are organized to assess the world's women in the contexts of population,
women and men families, health, education, work, human rights/political decision-making. This
collection would be a must for anyone researching or otherwise analyzing global gender issues.
INTERNATIONAL ORGANIZATIONS
August Reinisch, International Organizations Before National Courts (Cambridge, 2000) [449] ISBN
0-521-65326-6
This
book is a quite welcome addition to the literature about international
organizations (IOs). It adds a dimension which is beyond the ken of most
analyses: it empirically assesses how national courts react to disputes
involving international
organizations.
It opens with legal devices for adjudicating, or not hearing, cases involving IOs in national
courts. It then addresses the varied policy issues associated with such
litigation, as well as immunity and the related court access issues. It
concludes with emerging trends, including an assessment of whether certain
types of disputes should be exempt from domestic court
treatment.
This book is a giant gap-filler in the dearth of publications comprehensively addressing
the treatment of IOs in a national court context. No international collection, general or special,
would be complete without this well-researched and flowing analysis of a significant issue which
until now has been relegated to a somewhat ad hoc discourse.
Danesh Sarooshi, The United Nations and The Development of Collective
Security: The Delgation by the UN Security Council of its Chapter VII Powers (Oxford,
1999) [paper: 311] ISBN
0-19-829934-6
Finally, a comprehensive and well-conceived book has
been published regarding the occasionally mysterious nature of the UN
Security Council's delegation of its Chapter VII powers. The SC has broad
powers regarding Chapter VII enforcement matters. However the UN Charter's
enforcement provisions ostensibly anticipated the emergence of a standing
army under UN control. The Council hs thus had to deal with its entrusted
power in creative ways, including delegation of this power to other UN
organs such as the Secretary-General in Somalia, the Member States in the
Persian Gulf War context, the ICTY and ICTR, and regional collective
self-defense devices like the NATO operation
Bosnia.
This excellent insight into a somewhat murky arena provides quick access to the vital
content, while at the same time providing an authoritative treatment of this complex subject. As
Judge Higgins states in the Foreword: "Never before has the entire corpus of delegated powers ...
been subjected to [such] scrutiny and a coherent analysis."
Ibrahim Shihata, The World Bank in a Changing World (Kluwer, 2000) [1028] ISBN
90-411-1365-7
The
Bank's Vice President assesses how this international organization
operates in a very complex arena with an equally complex agenda. This
third volume in the series provides a comprehensive and readable overview
of the basics of a system which is not well known outside of the Bank
itself. One of the Bank's major roles is to provide long-term assistance
to entire populations as opposed to short-term benefits to the elite
within a struggling
nation.
Volume I (1991) includes selected papers written by
the author (1984-1990). Volume II includes papers and lectures
(1990-1995). This comparatively large volume comprehensively deals with
legal questions regarding interpretation of the Bank's Articles, major
developments inside and outside the Bank which have affected its
operations, and the resulting
changes.
Part
One addresses the evolution of the Worl Bank. Part Two covers the
institutions within this organization, including political limitations,
the promotion of democratic ideals, and the desired role of the judiciary
in settling disputes in developing nations. Part Three dives into the
operational features of the Bank affecting world debt, State succession,
promotion of children's rights, how it affects the development of
international environmental law, corruption, and recent trends in bank law
and regulations. Part Four then traces the evolution of the International
Centre for Settlement of Investment Disputes and investment
treaties.
The
Annexes present the Bank's Strategic Compact: Renewing the Bank's
Effectiveness to Fight Poverty (reduction/elimination being the Bank's
basic mission) and composition of the World Bank's operations over a
recent four-year
period.
While other treatises have been written about World Bank operations (commissioned
from outside of the Bank), this book provides "chapter and verse" by an insider-with his unique
insights developed during the many years he has been involved in the actual operations of this
remarkable institution.
Kathryn Gordon (ed.), Yearbook of the United Nations:1997 (UN,
2000) [1652] ISBN
92-1-100829-8
One
cannot imagine a university or UN-oriented library collection as being
complete without the annual volumes in this series. This 51st volume
covers the UN during 1997-with the markings of globalization;
fragmentation of the nation-State as we have know it; further
ramifications of the end of the Cold War and its impact on the UN;
environmental interdependence; and the ever expanding global networks
involving crime, drug trafficking, money laundering, and
terrorism.
The organization of this massive undertaking is uncomplicated and user friendly. Part
One addresses political and security issues in the far corners of the world. Part Two focuses on
human rights-promotion, protection, and violations. Part Three presents the economic and social
issues addressed by the global organization. Part Four deals with the myriad of legal issues
arising in the UN context including the work of the ICJ and the ad hoc ICCs. Part V reviews
institutional, administrative, and budget questions. Part VI discusses the intergovernmental
organizations related to the UN. There are also useful indexes which include a roster of the UN,
structure of the UN by agency and attached personnel. Another great feature is its thoughtful and
extensive subject index.
RECOGNITION
Stefan Talmon, Recognition in International Law: A Bibliography (Martinus Nijhoff, 2000)
[401] ISBN
90-411-1440-8
Recognition is one of the most complex subject areas
in International Law. This book-length bibliography is long overdue. The
content is astutely organized into fourteen chapters. The sub topics are
arranged as follows: recognition generally; recognition of States;
governments (generally, divided nations, de facto governments, and
governments in exile); recognition of national liberation organizations,
belligerents, and special entities; modes of recognition; legal effect of
recognition; and membership/representation in international forums. The
final chapters index non-recognition and State recognition policy and
practice works.
The comprehensive but not "lengthy" author and subject indexes are useful companions
in this collection of apparently every publication on recognition. These provide convenient
access to this bibliography's content. A perusal illustrates the (appropriately so) broad definition
of recognition to also include matters such as diplomatic recognition. The author has also drawn
on resources from some fifty countries in twenty different languages.
RELIGION
° Yisrayl Hawkins, The Peace Solution: Yahweh's 613 Laws of Peace for All Nations
(House of Yahweh, 1999) [paper: 499] ISBN 1-890967-43-2
SEA
Gudmundur Eiriksson, The International Tribunal for the Law of the Sea (Martinus Nijhoff,
2000) [387] ISBN
90-411-1418-1
This
treatment of this specialized UN court is written by a judge of this
relatively new tribunal (first session in Hamburg, October 1996). The
principal chapters of this expose include the Tribunal's organization,
jurisdiction, governing law, procedure, incidental proceedings, judgments
and other decisions, and
costs.
Any specialized collection on the law of the sea, plus many general International Law
collections, would be incomplete without this book-length treatise on the operation and impact of
the tribunal that resolves matters arising under the UN Law of the Sea Treaty. This is a
practitioner's dream because it presents the important procedural details by a member of the
court.
SUCCESSION
Jan Klabbers, et al.(ed.), State Practice Regarding State Succession and Issues
of Recognition (Kluwer, 1999) [521] ISBN
90-411-1203-0
This report on the Pilot Project of the Council of Europe on State Practice regarding
State Succession and Issues of Recognition covers the practice of sixteen Council of Europe member
States. It is a significant contribution because, among other things, it
yields valuable information on their attitudes about Europe's architecture
post-1989. Its contents are presented in facing page English and French
versions.
The
four chapters/parts are organized in a way which presents the respective
States' views on the following matters: Chapter One--a general
introduction to the subject matter as seen by these countries; Chapter
Two-succession and recognition practice regarding States and governments;
Chapter Three-succession in respect to treaties; and Chapter
Four-succession in respect to property, archives, debts, and
nationality.
Although a number of treatises have been written about succession, this one provides a
unique perspective because of its comprehensive and well documented content-collated by the
respected Max Planck, T.M.C. Asser, and Erik Castren Institutes.
P. Eisemann & M. Koskenniemi (ed.), State Succession: Codification Tested
Against the Facts (Martinus Nijhoff, 2000) [1012] ISBN
90-411-1392-4
Interest in State succession was a major by-product of
the decolonization of the 1960s. That interest led to the 1978 Convention
on Succession of States in Respect to Treaties and the 1983 Convention on
Succession of States in Respect of State Property, Archives and Debts.
Neither was received enthusiastically. Both fell into relative obscurity,
not to mention the general interest in State succession problems. The 1989
demise of the Soviet Union, and a later splintering of national
sovereignty renewed interest in this subject. This book is the result of
an authoritative study of succession some respected research centers,
examining-as the title indicates--"codification tested against the
facts."
This publication thus contains twenty-four analyses by individuals who elaborated
extensively on the law of State succession (some in English and others in French). The closing
pages contain a useful Analytical Index, thus assuring access to content. One may characterize
this collection as the bible of State succession, in the sens that it is well written and documented,
as well as carrying the views of prominent individuals in a refreshing book-length treatment of
the so-called law of State succession and what norms States are actually observing.
States/Regions
Edward Quashigah & Obiora Okafor (ed.), Legitimate Governance in Africa:
International and Domestic Perspectives (Kluwer, 1999) [621] ISBN
90-411-1176-X
This
is a twenty-chapter collection of diverse essays. It focuses on the
struggle for legitimate governance in certain African States and
institutions. The editors herein collate perspectives which collectively
strive to understand past mistakes and their causes. Domestic governmental
power is analyzed at three levels of inquiry: the right of a
government/regime to hold office; to exercise that office in particular
ways; and legitimacy of an overall macro-political
order.
Part
One succinctly and convincingly introduces the subject. Part Two assesses
jurisprudential, theoretical, and human rights perspectives about African
governance. Part III focuses on governance as it affects African women.
Part IV addresses domestic legal perspectives, particularly the role of
NGOs in governance issues. Part V offers international legal perspectives
on a variety of traditional themes including human rights and the
responsibility of the international community. Part VI contains
conclusions about the relevance and effectiveness of the movement for
legitimate governance on the
continent.
This is an adept treatment of rather consequential problems which have long been
disregarded by the international community. Fortunately, this collection provides refreshing
insight into the bases for enhancing governing institutions which, left unchanged, will continue
to have a more significant impact on global affairs than imagined on other continents.
Philip Auerswald & David Auserswald (ed.), The Kosovo Conflict: A Diplomatic
History Through the Documents (Kluwer, 2000) [1285] ISBN
90-4118-850-9
The
1999 Kosovo conflict brought a rather unsettling close to the century-and
a millennium in which battles were waged there, dating from medieval
times. This must be the definitive collection of (unclassified) documents
which begin with Slobodan Milosevic's 1987 speech marking his rise to
power based on Serbian
nationalism.
This
collection focuses on the diplomatic features of the conflict, while
giving due concern to the political and military features of the events in
this theater of operations. It is extensive, but not encyclopedic. The
editors wished to include the documents which captured the essence of this
conflict and its evolution. It also focuses on US policy in the area,
without much mention of other areas such as Bosnia or
Croatia.
The eleven chapters are arranged chronologically, beginning with a brief overview of the
particular time frame addressed in the context of surrounding events. They include key
communiques, press releases, agreements, and speeches. The reader thus can retrace the
evolution of the conflict in an almost eerie restatement of the key events which molded the
present state of Kosovo.
Francisco Avalos, The Mexican Legal System (2nd ed. Rothman, 2000) [175] ISBN
0-8377-0226-7
This
succinct, but broad-ranging bibliography, is a useful guide to the (mostly
federal) laws and legal literature of Mexico. It is perfect for the
non-expert who has general questions about its forty-one subject areas. It
offers insights on questions like: "What is the relevant code?" "Where can
it be found?" "What secondary material is available?" "Which is available
in English?"
Each
section is divided into four further subsections. The first lists the
relevant laws for that subject. The second lists resources for obtaining
the law other than in the official government gazette. The third contains
periodical literature on that topic. The fourth lists books and articles
on the subject
material.
A very useful introduction surveys the evolution of Mexican law, including the strong
ideals associated with the federal government's task of protecting the individual (more so than in
the US). Having hosted several cross-border academic exchanges with Mexican law schools, I
am delighted that this resource is available for student and professional reference.
° The Guide to Mexico for Business (American Chamber/Mexico, no date given) [paper:
128] (no ISBN)
° Dorothy Shea, The South African Truth Commission: The Politics of
Reconciliation (USIP, 2000) [paper: 107] ISBN 1-929223-09-9
° Susan Marks, Watching the Wind: Conflict Resolution During South Africa's
Transition to Democracy (USIP, 2000) [paper: 225] ISBN 1-878379-99-2
TEACHING
Jefferey Lantis, Lynn Kuzma & John Boehrer (ed.), The New International Studies
Classroom: Active Teaching, Active Learning (Rienner, 2000) [paper: 303]
ISBN
1-55587-889-X
This
short book is a "must" for teachers of International Law/ Relations. It
presents seventeen individually-authored chapters written by teachers in
the field. Each chapter summarizes the writer's active learning classroom
experiences, complete with tips, course design parameters, and explanatory
charts. The various methods include the use of cases, analytical
exercises, case teaching without cases, Security Council Restructuring
Summit, cyberspace options, and
movies.
The subject matter is quite diverse, although each chapter appears to have something for
everyone. Part I is The Case Method. Part Two is Simulations and Games. Part Three is
Technology in the Classroom.
TRADE
Chia-Jui (ed.), Basic Documents on International Trade Law (3rd rev. ed. Kluwer, 1999)
[1326] ISBN
90-411-0725-8
Obtaining primary resource material for international
trade issues is a time-consuming, and not always rewarding, task. This
reference work offers a very useful tool because of its comprehensive
collation of major documents. This edition updates and expands one's
research capabilities because of the addition of many new documents since
the 1990 second
edition.
Part One provides some introductory materials from the UN and UNCITRAL. Part Two:
the law applicable to the international sale of goods. Part Three: the law of international
transportation of goods and related liability. Part Four: the law of international payments. Part
Five: international insurance law. Part Six: laws involving the protection of industrial property.
Part Seven: conflict of laws in international trade. Part Eight: the system of extrajudicial dispute
settlement, such as commercial arbitration and conciliation.
An extensive and on point bibliography offers further research resources for international
trade law (in many languages including English). The index provides ready access to the content
of this necessarily lengthy volume.
Peter Gallagher, Guide to the WTO and Developing Countries (Kluwer, 2000) [343] ISBN
90-411-9799-0
While many resource materials have been published
about the WTO, this book fills a rather significant gap-the related
schematic for, and impact on, developing countries. They constitute
two-thirds of the WTO's community of nations, thirty of which the WTO
considers among the forty-eight least developed countries in the
world.
This
publication focuses on the relevant WTO provisions with detailed guidance
on how developing countries may benefit from the special rules designed
for them. Examples include general trade policy, foreign direct
investment, environmental/labor standards, and technical
assistance.
The author also addresses how certain developing nations are making progress in terms of
the benefits and burdens associated with their WTO membership under the Uruguay Round
agreements.
TREATIES
Vera Gowlland-Debbas (ed.), Multilateral Treaty-Making: The Current
Status of Challenges to and Reforms Needed in the International Legislative
Process (Martinus Nijhoff, 2000) [paper: 144] ISBN
90-411-1448-3
This
book presents a series of fifteen papers given at the "Forum Geneva" in
1998, an event sponsored by the ASIL and the Geneva Graduate Institute of
International Studies. It is a refreshing collection of remarks on the
multilateral treaty process tailored to an agenda designed to introduce
recommended procedural
reforms.
The first part of the resulting publication organizes the remarks under the heading of
Multilateral Treaties as a Source of International Law. The second: Participation in Multilateral
Treaty-Making by Non-State Entities. The next series addresses Multilateral Treaties and the
Collective Interest, followed by Implementing Multilateral Treaties at the Domestic and
International Levels.
° UN, Millennium Summit Multilateral Treaty Framework: An Invitation to
Universal Participation (UN, 2000) [paper: 222] UN Doc DP1/2130 (French & English
versions of 25 core treaties & status)
TREATISES
Lung-Chu Chen, An Introduction to Contemporary International Law: A
Policy-Oriented Perspective (2nd ed. Yale, 2000) [paper: 493] ISBN
0-300-08477-3
The
new edition retains the original's policy-oriented approach (the New Haven
School) to analyzing the structure and evolution of International Law. It
thus focuses on the decision-making process, with updates including
post-Cold War era developments, economic trade and sanctions, the Security
Council's new-found exercises of power, the use of force, and
international criminal
law.
The author's approach to the subject presents International Law in the context that it is a
continuing process whereby the communal interests of the community of nations are both
clarified and secured via a wide sharing of values needed for maintaining an ordered
(international) society. He thus explores the myths and realities about International Law in a
refreshing manner that provides value added to the traditional legal foundation. The text poses
questions and analyses throughout, which highlight what is lawful, who decides, and what can be
done to the violator. Thus, one can gain valuable insights about the inadequacies of traditional
approaches to ascertaining the scope of International Law, such as a purely rules-oriented
schematic.
Anthony Anghie & Garry Sturgess (ed.), Legal Visions of the 21st Century Essays
in Honour of Christopher Weeramantry (Kluwer, 1998)
[791] ISBN
90-411-1116-6
This
is the most recent addition to the popular device of assessing,
reassessing, and updating traditional International Law topics via a vast
collection of multi-authored chapters, featuring prominent
internationalists from the far reaches of the globe. It contains some
three-dozen papers which are splendidly written and carefully
researched/documented.
After some greetings by prominent jurists, the
presentations focus on jurisprudence from a comparative law perspective,
human rights and bioethics, judging the judiciary, International Law
generally, and finally, the
ICJ.
A book of this nature is readily recommended, not only because of its useful content, but
primarily because of the star-studded cast of authors whose insights are among the most visible
and viable in our field.
UNITED NATIONS
Chi Pak, Korea and the United Nations (Kluwer, 2000) [paper: 242] ISBN
90-411-1382-7
The
legal and political links between Korea and the UN have often been
strained and constrained by global interests, before and after the Cold
War. This is the first book to conduct an in depth study of Korea's impact
on UN politics, from the Korean War through its relatively recently
headlined nuclear program. The author is the Lecturer in International Law
and Organization at Hanyang University in Seoul. Thus he offers a
close-at-hand perspective on the relationship between Korea and the
UN.
Part I covers the
origins and evolution of the original "Korea" problem in the UN. Part II
the related political and legal issues in a UN context. Part III: both
Koreas in the UN. Part IV: his evaluation of the Korean Question and its
likely impact on future UN
performance.
This is one of the definitive resources for one in search of succinct but reliable guidance
about the origins, evolution, and future prospects regarding the relationship between a sometimes
contentious nation-State and the international organization tasked with ensuring the maintenance
of global and regional peace.
USE OF FORCE
David Cortright & George Lopez, The Sanctions Decade: Assessing UN
Strategies in the 1990s (Rienner, 2000) [paper: 274] ISBN
1-55587-867-9
With
the passing of the Cold War, the UN frequently employed sanctions in the
ensuing decade. The Security Council thus acted with some one dozen
targets in its sights including Iraq, Yugoslavia, Haiti, several terrorist
regimes, Angola, and Sierra Leone-to name a few. Some operations were
successful, others not so, and all controversial to some degree. The
author thus interviewed some 200 officials, from both the UN and
sanctioned countries to gather in the field details for use in this
expose.
The product is this first extensive analysis of the effectiveness of the UN sanctions
regime in the 1990s. It thus explores the political, economic, and humanitarian effects of UN
sanctions, devoid of the political cross-rhetoric associated with scenarios like those imposed in
the Iraqi theater. He then proposes some stimulating ideas for making sanctions a more
politically viable tool than demonstrated in the recent past.
° David Nowlin & Ronald Stupak, War as an Instrument of Foreign Policy (Univ. Press
of Amer., 1998) [paper:219] ISBN 0-7618-0844-2
PUBLISHERS' INFORMATION
Kluwer: Kluwer Law International, Sterling House, 66 Wilton Road, London SW 1 V 1 DE, United Kingdom
Ferguson: Ferguson Publishing Company, 200 West Madison Street, Suite 300, Chicago, IL 60606,
USA
House of Yahweh: PO Box 2498, Abilene, TX 79604, USA
Martinus Nijhoff: Kluwer (see
above)
Oxford: Oxford University Press, Great Clarendon Street, Oxford OX2 6DP United Kingdom
Rienner: Lynne Rienner Publishers, 1800 30th
Street, Boulder, CO 80301, USA
Univ. Press of Amer.: 4720 Boston Way,
Lanham, MD 20706, USA
US Dep't State: Superintendent of Documents, Standing Order Specialist, Mail Stop: SSOP,
Washington, DC 20402, USA
UN: United Nations Publications, 2 UN Plaza,
New York, NY 10017, USA
USIP: United States Institute of Peace, 1200 17th Street, NW, Washington, DC 20036,
USA
World Trade Press: 1450 Grant Avenue, Novato, CA 94945, USA
YOUR TURN:
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of International Law