ASIL American Society of International Law

Newsletter

formerly
United Nations Decade of International Law

ISSUE #22: January 2001

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 (Jan., 2001):

Note: We no longer use page numbers for this Newsletter--now that we have shifted to an electronic format. Next Newsletter: Spring, 2001



Obtain a full-text version:


MESSAGE FROM THE CHAIR:
I am delighted to report that UN21 is hosting an ASIL panel on Friday, April 6, 2001 at the ASIL's Annual Meeting site in Washington, DC. I have sent e-mail messages to you on this subject but I also wanted to confirm via this announcement in our newsletter. All the details are provided below (see table of contents). We should also have a brief business meeting, just after the panel. That will give those of us who attend the ASIL Annual Meeting an opportunity to discuss UN21 business. My call for agenda for this meeting appears below.


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.

* Thanks to UN21 member and staunch supporter, Howard Meyer, for making the proposal that this listing be mentioned in each issue of our Newsletter. The members present at an annual business meeting of UN21 adopted it several years ago. I have thus included it in each ensuing issue of our UN21 Newsletter.


OP-ED:

THE SENIOR SENATOR'S SHINING HOUR
by Howard Meyer

It was just fourteen years ago that an editoris1 (Nov. 1984) quoted Senator Moynihan has having "pleaded for respecting the [World] Court," saying among other things, "We are, when we have our wits about us, a law-abiding nation."
Not much attention was paid then to his plea, nor to the disregard of his contentions by the Regain Administration.
The editorial that quoted him was headed, "Don't Duck Our Day in Court," but we attempted to, in Nicaragua's case. The Law of Nations as expressed in the Court's Statute mandated that the Court nevertheless should fulfil its duty and proceed with the case and it did.
That shameful episode in our history occurred but fourteen years after U.N. Ambassador George Bush told the world, in answer to a query from the United Nations, that "The United States firmly believes that a strong and active international court is a central and indispensable element of an international legal order."
As he heeded that, Senator Moynihan was an awfully lonely voice in the wilderness, backed only by the preponderant (but voiceless) majority of international legal scholars, and rather spunkily (as a Republican President rode high) by Representative Jim Leach of Iowa.
Unfortunately, contempt in administration policy, for International Law, has been bipartisan. It has been reflected in the current administration's escalation of economic warfare against Cuba, bombing of Sudan and others, and made evident most recently in the announcement (or leak) of intention to use force against Iraq regardless of the opposition of the only designated agent of the international community with legal power to authorize it. (News item Nov. 8)
For almost a decade, Senator Moynihan sounded the alarm. He asked, as the headlined front page review of his book on "The Law of Nations," epitomized it, "Give Law a Change." (Aug. 26, 1990) To no avail. The book was remaindered in record time. Considering how few responded to his call, the Senator can be forgiven for concentrating, since then, on other subjects.
His call for international law and order, while lasting for a decade, was so ineffective that it is not being recalled as the elements of his "formidable legacy" are recounted.
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.

Arms Transfers Business Courts
Criminal Law Dictionaries Environment
Human Rights International Organizations Recognition
Religion Sea Succession
States/Regions Teaching Trade
Treaties Treatises Use of Force
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 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

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Martinus Nijhoff: Kluwer (see above)
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Rienner
: Lynne Rienner Publishers, 1800 30th Street, Boulder, CO 80301, USA
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