Air Law

L. Goldhirsch, Warsaw Convention Annotated: A Legal Handbook (2^nd ed. Kluwer: 2000) [625] 90-411-1364-9

This new edition revises an already fabulous addition to the literature on the Warsaw Convention for the Unification of Certain Rules Relating to International Carriage by Air (1929). The author, a prominent New York civil litigator, herein provides a section-by-section analysis of one of the most successful multilateral treaties ever devised. It provides the premiere analysis of liability for international air transportation of people and luggage. It is a convenient one-volume collation of the prominent national case law interpreting the Convention. The new developments include the tragic events associated with KAL 007, Lockerbie, and TWA 800. One cannot imagine a more complete presentation of this area of law, touching the lives of so many, which can be found between two covers.

The appendices include the original French version of the Warsaw Convention, and the various official Spanish texts (Spain, Argentina, Mexico). It also contains the various protocols, relevant excerpts from the U.S. Code of Federal Regulations, and the International Air Transport Association Rules.

Collections

K. Sik, et al. (ed.), Asian Yearbook of International Law: Volume 7 (Kluwer: 2001) 90-411-1533-1

This is a collection of original articles by eleven authors, legal materials on the State practice of various Asian nations in the field of International Law and various international organizations. The articles cover judicial reform in the midst of corruption, treaty reservations, repudiation of judgments of international administrative tribunals, Asian Development Bank, an international instrument regarding port-State control, and maritime jurisdiction over vessel pollution in the PRC’s Exclusive Economic Zone.

The legal materials in this collection include State practice initiatives in India, Japan, Malaysia, and Singapore. There is also a useful chronicle of Asian events involving International Law for the period covered by this latest volume (July 1996–June 1997). There are book reviews on relevant international themes. It hosts a bibliography on books, articles, and other materials regarding Asian topics.

This work would be a very useful addition to collections which claim to be comprehensive or specialize in Asian international legal matters.

Corruption

W. Gilmore, Dirty Money: The Evolution of Money Laundering Countermeasures (2^nd ed. COE: 1999) 92-871-3854-0

This volume is an up-to-date resource on the evolution of money laundering countermeasures. It was written by a prominent authority who is Professor of International Criminal Law at the University of Edinburgh and serves on the Council of Europe’s Select Committee of Experts on the Evaluation of Anti-Money Laundering Measures.

The chapters provide an overview, UN responses and pan-European programs, the essence of the work of the Financial Action Task Force (FATF, which the IMF describes as the main body for dealing with money laundering), and an analysis of progress in some other regions. The Appendices include the 1998 UN Convention, various FATF directives, and various EU plans to combat organized crime.

This book provides a succinct but authoritative overview of counter-money laundering programs for both the novice and seasoned veteran in search of information regarding this scourge. It should also be included in any collection emphasizing the financial features of the global reaction to September 11, 2001.

Dispute Resolution

Council of Europe, Judicial Organisation in Europe (COE: 2000) [348] 92-871-4245-9

This immensely practical handbook succinctly describes the judicial systems of most member States of the Council of Europe (founded in 1949). Freedom of travel within the EU, the recent debut of the Euro, and ripened economic integration have all contributed to increased use of the various judicial systems in the region.

Scholars will find this book fascinating for the usual comparative law purposes. It also contributes to the understanding which is related to seeking international judicial assistance. The prior COE work of this nature consisted of eighteen country analyses. This one carries thirty-four. A number of illustrative charts are incorporated so as to increase access to information regarding each country’s judicial system.

M. Evans (ed.), Remedies in International Law: The Institutional Dilemma (Hart: 1998) [237] 1-901362-35-3

The appropriate remedy for a breach of International Law has often required an intricate analysis. This collection of essays illustrates the increasing range of remedies, and where to seek them. ICJ Judge Higgins contributes her insight regarding the ICJ. Other surveys by prominent experts in the field address various avenues for relief including the European Court of Justice, WTO, and the UN’s Tribunal on the Law of the Sea. There are also essays regarding the various alternative dispute resolution mechanisms, including mediation, diplomatic devices, and arbitration.

While the size of this book precludes an exhaustive treatment of the entire waterfront, the prominent inlets that it does navigate present a rather insightful analysis of thirteen key points (chapters) on an increasingly litigious horizon.

M. Politi & G. Nesi (ed.), The Rome Statute of the International Criminal Court: A Challenge to Impunity (Ashgate: 2001) [319] 0-7546-2154-5

This collection collates the work of thirty experts reflecting on the 1998 Rome Statute, at Italy’s 1999 Trento Conference. The Rome Conference was, in a sense, the beginning of a process which has not yet ripened into a functioning tribunal–although the summer 1998 vote of the signatories was an historic moment. The dream of having an ICC, born shortly after creation of the UN, had finally moved one major step closer to reality. The Trento meeting thus offered its facilities so that refinements could be identified and debated. It also meant, according to UN Secretary-General Kofi Annan, that this assembly could "play a significant role in maintaining the momentum achieved ... in keeping the attention of States and of international public opinion focused on the need to establish the [functioning] International Criminal Court as soon as possible."

This book is undoubtedly a "must" for gleaning the scholarly and diplomatic insights which will shape that public opinion. It should be included in any public or private collection purporting to specialize in either International Criminal Law or International Law generally. It focuses on key statutory provisions. Its value include the willingness to point out the weaknesses which must be addressed, if this major development in protecting human rights is to be effective. H. Meyer, The World Court in Action: Judging Among the Nations (Rowman & Littlefield: 2002) [319] ISBN 0-7435-0923-0

The author was inspired to write this book as a response to the 1985 Reagan Administration's refusal to defend the legality of its actions in and against Nicaragua. Public servants then "badmouthed" the Court at the highest levels. The author focuses on their misunderstanding of the Court, the proud US history associated with its creation, and the ensuing complaisant acceptance of the Reagan Administration's assessment of the ICJ. The author points out that ninety-five percent of the practicing Bar may know nothing about the Court, which contributes to this "national embarrassment."

The book is not designed as an academic treatise or a practitioner’s guide. It is, instead, a contemporary attempt to raise the consciousness of the citizenry--and awareness of any student of International Law--about this potential dispute resolution mechanism which the American media and US educators have not fully embraced.

Environment

International Bureau (of the PCOA), International Investments and Protection of the Environment: The Role of Dispute Resolution Mechanisms (Kluwer: 2001) [paper: 347] 90-411-1588-9

The PCOA initiated its series of annual conferences in 1999, referred to as "International Law Seminars." (Initial subject: Institutional and Procedural Aspects of Mass Claims Settlement Systems). This book presents the work product of the ensuing May 2000 conference. It focuses on the role of dispute resolution fora in cases proceeding through the intersection of international investment and the environment.

The problems addressed in this informative symposium involve a heretofore neglected area, in terms of available analyses of: (1) guidelines for negotiating dispute settlement clauses in international environmental contracts; and (2) analyzing the tension between investment and environmental agendas in the new millennium.

This collection of a dozen perspectives, by experts in the field, thus fills a gap which exists in any collection which emphasizes environmental law and/or international investment practices.

Human Rights

V. Orlu Nmehielle, The African Human Rights System: Its Laws, Practice, and Institutions (Martinus Nijhoff, 2001 [443] 90-411-1371-8

Nigeria’s Professor Nmehielle has made a most significant contribution to the growing literature about human rights practice. This comprehensive analysis reviews the key normative instruments which serve as the basis for his insightful assessment. These are the OAU Charter, the African Charter on Human and Peoples’ Rights, and the Protocol on the Establishment of the African Court on Human and Peoples’ Rights.

This insightful presentation succinctly presses a large body of important detail into one text. It integrates the historical context of human rights in Africa with contemporary comparative law materials–including analogies to the UN, European, and Inter-American rights experiences.

This volume is recommended for a variety of institutional purposes, including International Law, Human Rights, and any collection focusing on contemporary Africa.

A. Eide et al. (ed.), Economic, Social and Cultural Rights: A Textbook (2^nd rev. ed. Martinus Nijhoff: 2001) [785] 90-411-1595-1

This is a collection of chapters, nicely organized into a robust text for teaching an emerging subset of human rights law (ESC rights). In the European tradition, the editors have collated the analyses of many writers in the field to produce an edited work product which yields rather complete coverage in its thirty-two chapters. The new chapters in this revised edition address domestic realization of these rights (Chap. 4); the relevant UN Committee’s work (chap. 24); the European experience (Chap. 26 & 27); and multinational enterprises with the ESC rights regime.

Part I is Concepts and Principles, which is a necessary starting point for both teacher and student. Here, the fundamental perspectives are presented so that one commences with an overview of the salient features of this particular discipline. Part II is Selected Economic, Social and Cultural Rights. The user/reader may therein learn more details about the key components of this basket of human rights. Part III is Selected Beneficiaries and Situations. One may therein find more focused analyses about Women, children, minorities, migrants, and those subjected to the horrors of armed conflict. Part IV is entitled Implementation and Realization. Here, the materials address the practical features and problems with bringing the theoretical underpinnings of this other "International Covenant" program to life.

W. Schabas, Genocide in International Law: The Crime of Crimes (Cambridge: 2000) [paper: 624] 0-521-78790-4

With the appearance of the ICTY, ICTR and ICC, the 1948 Genocide Convention has emerged as a key ingredient in the international community’s campaign against the traditional impunity of those responsible for this first among all international crimes. This text is superbly written by one who previously authored eleven other texts in the field of International Human Rights Law.

The focus of this important contribution is judicial interpretation of the Genocide Convention. It also presents the key debates within the International Law Commission, General Assembly, and the relevant case law from various tribunals. A very informative appendix presents the various versions of the Convention: the drafts of the Secretariat, that of the Ad Hoc Committee, and the final text.

In addition to presenting the latest word on the genesis, evolution, and contemporary impact of the Genocide Convention, the author has splendidly collated all analytical components of this particular crime–cases, conventions, scholarly works, and refreshing personal insight between two covers in a particularly readable and authoritative manner.

G. Alfredsson, et al. (ed.), International Human Rights Monitoring Mechanisms: Essays in Honour of Jakob Th. Moller (Martinus Nijhoff: 2001) [980] 90-411-1445-9

Jakob Moller is an Icelandic lawyer who spent a quarter-century in charge of complaints for the New York and Geneva offices of the UN Human Rights Secretariat. Since his retirement, he has been one of the international judges in the Human Rights Chamber for Bosnia and Herzegovina. This tribute is a collection of articles by numerous leaders on the institutions and procedures, governmental and non-governmental, for monitoring the various national regimes. Monitoring Mechanisms thus presents a delectable potpourri of fact-finding and investigative procedures, State reporting obligations, and educational devices for achieving the salutary purposes of individual human rights protection. It is thus quite suitable for human rights classes, practitioners’ resources, and as a guide for State officials tasked with implementing national obligations under the various human rights international instruments.

C. Ingelse, The UN Committee Against Torture: An Assessment (Kluwer: 2001) [464] 90-411-1650-8

With the appearance of the ICTY, ICTR, ICC (and the 1992 US Torture Victim Protection Act applicable to non-State actors), the 1984 UN Torture Convention has emerged as a key ingredient in the international community’s daunting task of deleting torture–and other cruel and inhumane treatment–as all-too-common State practices. This is the English translation from the author’s original Dutch version.

The State commitment to eradicating torture is of course demonstrated by its submission to the supervisorial role of the UN Committee Against Torture. But how has that Committee performed? This book presents an authoritative and well-documented answer to this critical question. Member States must submit an annual compliance report. The Committee is endowed with the treaty-based power to examine claimed breaches. However, self-reporting is not always accurate and States may decide not to honor their commitments in ways which defeat the purpose of the Torture Treaty. Further, the Torture Committee does not have the State consent necessary to make legally binding decisions. The author thus analyses the impact of this treaty, in the context of the presence of many other human rights instruments containing like obligations.

This is a critical assessment of a plan which has not quite attained the reality for which it was designed. It is the type of study which pays a solemn tribute to the Torture Convention--and in turn, the UN Committee Against Torture monitoring process. That flows from its implicit objective to earnestly articulate the pragmatic limitations on achieving the standards enshrined in this important instrument.

International Law Theory

H. Kindred, et al., International Law: Chiefly as Interpreted and Applied in Canada (6^th ed. Edmond Montgomery, 2000) [1212] 1-55239-052-7

This law school casebook is the premiere treatise on International Law from the Canadian perspective. This new edition continues the tradition of excellence demonstrated in its prior versions. Its sixteen chapters not only make a challenging field navigable, but also serve as evidence of the content of International Law in the ICJ Statute’s "Article 38" sense.

The respective chapters are herein listed so that the handful of potential adopters, who might not be aware of this resource can quickly peruse its organization: International Legal Persons; Creation and Ascertainment of International Law; National Application of International Law; Inter-State Relations; Peaceful Settlement of International Disputes; State Jurisdiction over Territory; Nationality; State Jurisdiction over Persons; State Responsibility; International Criminal Law; Protection of Human Rights; Law of the Sea; Protection of the Environment; International Trade Law; and Limitation on the Use of Force. This "package" includes the potentially competing companion web site and Documentary Supplement.

G. Niemeyer, Law Without Force: The Function of Politics in International Law (Transaction: 2001) [paper: 408] 0-7658-0640-1

This classic was originally published in 1941 (Princeton Univ. Press). No library collection emphasizing International Law would be complete without this definitive work on "The Unreality of International Law and the Unlawfulness of International Reality" (introductory chapter). Gerhart Niemeyer was born in 1907 in Germany, and served for many years as a political science professor at the University of Notre Dame. This reprinted edition contains an introduction by Michael Henry, who is a philosophy professor at St. John’s University in New York.

Niemeyer lamented the "dead letter" nature of International Law, on the eve of the US entry into WWII. This landmark assessment is "must" reading for every student–and professor of International Law–because of its rejection of the virtually unchanged moral basis for International Law. He proposed a more functional approach to international relations. He argued that the traditional international legal system was no more than an agent of disharmony and conflict. He disavowed the then contemporary notion of regional (and to some extent global) international organizations which were to function "above" the States of the international community–as exemplified by the League of Nations. Sixty years ago, he posed questions which have contemporary application, and thus the sound decision to republish this classic.

International Organizations

D. Huber, A Decade Which Made History: The Council of Europe 1989-1999 (COE Pub: 1999) [paper: 286) 92-871-3928-8

In 1989, the geographic meaning of the term "Europe" was finally clarified. The division between the East and West suddenly lost the physical prominence previously maintained by the Berlin Wall. This book chronicles the ensuing reconciliation facilitated by the Council of Europe (COE) from 1989 to 1999--represented by an increase in national membership from 23 to 41 States, extending from Reykjavik to Vladivostock.

The collapse of the Soviet Union also signaled the COE’s rebirth at age 40, now that the continent was no longer distracted by the Cold War. The COE was created to promote the common heritage of all nations of Europe, including human rights, democracy, and the rule of law. By ten years later, the COE has grown to include nearly all European nations.

This short book would be an excellent primer for those in search of the historical detail associated with the evolution of Europe from the post-WWII formation of the COE through its current role in facilitating a united Europe which will hopefully benefit in a way which deflects its war torn past.

M. Scharf, The Law of International Organizations: Problems and Materials (Carolina: 2001) [1078] 0-89089-946-0

This is a problem-oriented coursebook which employs a stimulating format. This is a welcome addition to the growing literature on international organizations practice. It is designed to expose students to the significant legal issues relating to international organizations. Unlike its lone 1993 competitor, each chapter begins with a role-playing exercise or simulation in the form of an introductory problem. These scenarios thus places the ensuing material--excerpts from international conventions, negotiating history, decisions of international organizations, international and domestic judicial opinions, historic narratives, and scholarly articles--in an intriguing and realistic context.

Professors in search of international organization course materials, or generally interested in incorporating useful perspectives about the work of regional and global IOs into other courses, should review this book to observe its utility. No library containing an international collection would be complete without a copy of Professor Scharf’s new offering in this important but somewhat neglected field of academic texts.

K. Gordon (chief ed.), Yearbook of the United Nations 1998: Volume 52 (UN: 2001) [1500] 92-1-100840-9

This work needs no introduction, now that it is in its fifty-second year. This is "the" A to Z chronicle of the annual work product of the United Nations. Its editors have conveniently collated the numerous events, documents, and analyses between two covers–thus presenting this major chronicle of UN activity for the year 1998.

Part One contains all matters relevant to political and security questions, and is further broken down by geographic area as well as by theme. Part Two is the human rights segment, covering promotion, protection, and violations. Part Three covers economic and social questions. This large part of the annual volume carries materials regarding economic cooperation, special humanitarian assistance, trade, finance, transport, natural resources, crime, and many other features of the UN’s contemporary human rights agenda. Part Four addresses legal questions involving the ICJ and other UN tribunals. Part Five presents institutional, administrative, and budgetary questions. Part Six pertains to inter-governmental organizations related to the UN.

The very useful appendices include the agendas of the UN’s principle organs in 1998 and contact details about UN information centers and the services they provide.

• W. Kemp, et al., OSCE Handbook (3^rd ed. OSCE: 2000) [paper: 197] 3-902107-00-6

Internet

K. Boele-Woelki & C. Kessedjian (ed.), Internet: Which Court Decides? Which Law Applies? (Kluwer: 1998) [179] 90-411-1036-4

The Internet has presented a number of jurisprudential problems for the current State centric system which evolved from the 1648 Peace of Westphalia. Unlike the historical national jurisdiction to exercise jurisdiction over all persons and things "within" a State, the Internet knows no geographical boundaries. This disconnect is classically illustrated by the French Yahoo Judgment issued after this book was published, but clearly predicted by its content. See <http://home.att.net/~slomansonb/YahooJmt.html>.

This book is a fascinating collection of English and French-language analyses which explores the virtual reality of cyberspace and its impact on traditional choice of law analysis--aka Private International Law outside of the US. There are seven articles by distinguished lawyers with practice experience in this field. This collection would be ideal for one who is curious about how the Internet has affected the legal analysis of a forum (cyberspace) without physical boundaries (i.e., State borders).

Jurisdiction

M. Resiman (ed.), Jurisdiction in International Law (Ashgate: 1999) [637] 1-84014-093-3

There is an increasing number of conflicting national claims of competence to enact laws, and then to enforce them, in modern jurisdictional analysis. The editor of this collection has thus assembled the most prominent articles published in the field. The analyses contained in this compendium address the evolution of such conflicts, the function of international jurisdictional law, the sources of this body of law, the continuing role of the State, and the predictable trends affecting contemporary decision-makers.

The fifteen entries in this reprint range from 1953 through 1997, mostly by (but not limited to) U.S. and British writers. Given the appearance of the various international criminal tribunals in the 1990s and beyond, this collection would be an able contributor to any library collection focusing on International Law, its theory, and practical jurisdictional underpinnings.

• S. Rodriquez & B. Prell (ed.), International Judicial Assistance in Civil Matters (Transnational: 1999) [294] 1-57105-103-1

Law of Sea/Water Courses

P. Chandrasekhara & R. Khan (ed.), The International Tribunal for the Law of the Sea: Law and Practice (Kluwer: 2001) [238] 90-411-1601-X

This tribunal is becoming more active, as nations are now acknowledging its utility for resolving issues arising within the competence of the 1982 UN Convention on the Law of the Sea (which entered into force in 1994). Practitioners, national legal representatives, and diplomats would be wise to include this small but useful resource in their private collections–as well as universities where course on the Law of the Sea and International Law are taught.

The editors–(1) President of the International Tribunal for the Law of the Sea (Hamburg) and (2) Editor of the Indian Journal of International Law–herein present the constitutive document, jurisdiction, and procedure. A dozen experts in the field present their analyses on the various Parts of this book as follows. Part One consists of several introductory analyses by the editors. Part Two addresses the organization of the Tribunal and its chambers. Part Three covers the competence of this tribunal/chambers. Part IV presents the procedural details. Parts V focuses on internal functions. The conclusion closes with an automation discussion.

A. Tanzi & M. Arcari, The United Nations Convention on the Law of International Watercourses (Kluwer: 2001 [358] 90-411-1652-4

This succinct but dependable contribution to the literature about this UN Convention is a remarkable restatement of the affiliated processes. The authors are professors at two prominent Italian universities who took an active role in the UN General Assembly negotiations leading to the adoption of this convention (signed by twenty-five nations but not yet in force).

The first chapter provides the essentials regarding international watercourses. The ensuing five chapters contain detailed analyses of the substantive provisions and underlying principles which are the focus of this treaty. Chapter Two is Scope of the Convention. Chapter Three is Substantive Principles. Chapter Four is the Obligation of Co-operation and its Procedural Applications. Chapter Five is Environmental Protection of International Watercourses. Chapter Six is Settlement of Disputes.

Library collections emphasizing International Law, and especially maritime matters/Law of the Sea, must include this useful analysis in order to claim completeness of coverage.

Practice of Law

J. Drolshammer & M. Pfeifer (ed.), The Internationalization of the Practice of Law (Kluwer: 2001) [542] 90-411-1620-6

This collection is a welcome addition to the modest but growing core of literature acknowledging the existence of a new college of international lawyers. A growing number of lawyers are physically representing clients in a multinational environment. Even more are likely to do so, as cyberspace and globalization combine to slowly eradicate licensing and other geographical limitations imposed on the practice of law.

The editors have collated the insights of two-dozen prominent practitioners and educators from around the globe. There is a wide array of topics presented, many of which are not limited to just one country. The focus points are globalization, education and training, technology, law firm structure, and multidisciplinary practice. The country-specific chapters assess scenarios in the U.S., China, Europe, and Japan.

The editors have ensured that this work was well-written and documented. It has a place on the shelf of any international practitioner, educator, or student seeking useful input about pursuing cross-border practice opportunities.

Regional/Country Analyses

L. Goodson, Afghanistan’s Endless War: State Failure, Regional Politics, and the Rise of the Taliban (Univ. Wash.: 2001) [264] 0-295-98050-8

This entry is the most timely of the various books reviewed for the American Society of International Law "UN21" Newsletter. It is a succinct but authoritative summary of the essence of Afghanistan. It is a most welcome addition to the sparse literature on the factors essential for understanding this country’s role in contemporary international affairs.

One might best begin with perusing the useful tables, which provide ready access to content. These include the various "periods" and their rulers from the end of WWI to the present; stages of the Afghan war; ethnic distribution of the population of various central Asian nations; and US covert military aid during the Soviet occupation. A brief and informative appendix provides a sketch of the modern actors and organizations which have played a prominent role in Afghanistan as we may now know it, given this handy guide to the literary black hole associated with September 11, 2001.

The six chapters cover Afghanistan in the post-Cold War era; historical factors shaping the country’s modern evolution; war and its destructive impact on the populace; Afghanistan’s role in regional matters; and the arguably predictable future. The powerful writing style and scholarly approach incorporated into this book necessitate its presence in any library (institutional or private) carrying materials for course with international content.

R. Clark, et al. (ed.), International and National Law in Russia and Eastern Europe: Essays in Honor of George Ginsburgs (Martinus Nijhoff: 2001) [479] 90-411-1654-0

Professor Ginsburgs’ teaching and scholarly career began over forty years ago. This collage of legal themes, from the medieval to the present, accordingly reflects the interests of the man whose career is herein placed on center stage by this tribute. It is a collection of fifteen essays, focusing on the former USSR and its successor States. It offers a diverse array of topics but with no deviation in terms of scholarly analysis. Each treatment is supported by a rich vein of bibliographical nuggets, which can be mined for profit by anyone interested in the region’s international relations.

The topical selection includes treaties, boundary issues, nationality, refugees, international criminal law, the laws of war, procedural aspects of the varied judicial systems, and matters of international organization. While such collections tend to be somewhat scattered, in terms of subject matter, the editors note that the scope of this work was regulated by "the spheres of interest to the honoree." Thus, one who seeks detailed insights about this distant region will find comfort, and a diversity of gap-filling themes, regarding members of the international community whose legal norms were obscure until the 1990s.

K. Chrysostomides, The Republic of Cyprus: A Study in International Law (Martinus Nijhoff: 2000) [627] 90-411-1338-X

Cyprus has been a study in tragedy since the 1974 occupation of the northeastern one-third of its land mass by Turkey. Its independence from the UK barely preceded its division (fourteen years). The nearly three decade status quo has been expressly disavowed by the United Nations. While there have been many books written about Cyprus, few have tackled the International Law implications. This one contributes possibly the most detailed analysis to date, thus making it one of the jewels in the crown of country studies depicting a host of unresolved International Law issues.

This fascinating account addresses the occupation, the international community’s reaction (and inaction), the Republic of Cyprus’ unsuccessful application to join the EU, various controversial decisions of the European Court of Human Rights (e.g., Loizidou), and of course the question of statehood.

E. Rogan & A. Shlaim (ed.), The War for Palestine: Rewriting the History of 1948 (Cambridge: 2001) [paper: 234] 0-521-79476-5

This is the editor’s pick for the most informative selection reviewed in this issue of Readers’ Corner for the American Society of International Law’s UN21 Newsletter. Now that the international community is in the process of distilling the meaning of September 11, 2001, it is time to focus on some of the causes for discontentment. This book will help the reader fill many gaps, particularly in the context of the never-ending Arab-Israeli conflict.

The nine contributors are experts in Middle Eastern history and international studies who teach at universities in England, Israel, and the US. Their combined work product chronicles the history of the area, complete with a number of informative front matter maps. They provide instant access to content as well as support for the objectivity of this fascinating account of the unending war for Palestine. This handy account analyses the varying roles of all of the participants, complete with breath-taking archival accounts.

• R. Suberu, Federalism and Ethnic Conflict in Nigeria (USIP: 2001) [paper: 247] 1-929223-28-5

Sources

B. Chigara, Legitimacy Deficit in Custom: A Deconstructionist Technique (Ashgate: 2001) [363] 0-7546-2077-8

The term "custom" means different things to different people. When spoken or read by a contemporary international lawyer, diplomat, or other decision-maker, it immediately conjures notions of a mysterious source of International Law fraught with controversy since the first version of Article 38 of the ICJ Statute appeared in the lexicon of the Permanent Court of International Justice. This assessment has uncovered a rich vein of insight which can be mined for profit when seeking authoritative inquiries and answers needed for an understanding of the role of custom in International Law.

The author employs a variety of sources in this penetrating perception of the justification for custom, international organizational connections with custom, and the "legitimacy deficit" evidenced by the Article 38 jurisprudence. Yet the author’s analysis is not limited to the usual legal avenues for the presentation of point, counterpoint, and thesis. He relies on Plato, western philosophy, and linguistic themes to make his deconstructionist argument about the legitimacy question with historical and contemporary applications of custom as a dispute resolution device.

This book is recommended for inclusion in any international library or private collection seeking to enrich its offerings with the more comprehensive and complex analyses of the sources of International Law.

M. Koskenniemi (ed.), Sources of International Law (Ashgate: 2000) 1-84014-097-6 [571] 1-84014-097-6

This book is part of the publisher’s series which enlists leaders in various legal disciplines to gather the most prominent offerings to be reprinted between the same two covers. In this instance, the editor (University of Helsinki) has done a superb job of collating the classic analyses of the sources of International Law. The eighteen entries range from 1958 to 1997 and were authored by individuals from a half-dozen countries.

Listing the various Parts of this collection will best indicate the scope of coverage. Part I addresses Sources Theory, including assessments of the what and why of this device for ascertaining the content of the law via its sources. Part Two covers Relative Normativity–the quest for assuring even-handedness in application. Part Three contains several critiques of Customary Law, in terms of its function in an international system of laws. Part Four is more specific, narrowing the inquiry to General Principles and Equity as they are incorporated into the structure of international decision-making. Part V ends with the Completeness of the Law, referring to the nature of sources in the international legal process.

State Issues

R. Brody & M. Ratner (ed.), The Pinochet Papers: The Case of Augusto Pinochet in Spain and Britain (Kluwer: 2000) [506] 90-411-1404-1

Pinochet’s 1998 arrest signaled the beginning of the end of the historical immunity enjoyed by Heads of State, and former Heads of State, for all acts undertaken while in office. It ironically occurred only several months after nations of the world gathered in Rome to draft the Statute of the International Criminal Court. Article 27 expressly rejects this form of immunity for international crimes such as those perpetrated by Pinochet’s regime in Chile.

Two rulings by the British House of Lords rejected Pinochet’s claim of immunity from arrest and extradition to Spain, which was based on the disappearance of Spanish citizens during his terrifying rein. The authors have collected and placed these rulings between two covers, including the translated Spanish court decision seeking extradition, and the final health-related British decision not to extradite Pinochet to Spain.

The opening commentaries in Part I present an excellent introduction to this litigation and its historic prominence. Part II contains the key documents and related materials, including the very informative letters exchanged between the litigants and other interested parties. The appendices in this book provide excerpts of relevant statutes and treaties, thus yielding as complete a coverage as is possible in one book. This work is a must for any human rights library and an excellent compendium of original materials for academics, international human rights practitioners, and international relations.

K. Buhler, State Succession and Membership in International Organizations: Legal Theories versus Political Pragmatism (Kluwer: 2001) [351] 90-411-1553-6

This important intersection between States and international organizations (IOs) has been sadly neglected in the literature spawned in both arenas. Now there is a comprehensive analysis of this phenomenon available to bridge the period spanning the end of WWII and the end of the twentieth century. It is fascinating reading which does not dodge matter, including the sensitive cases of the independence of India, the unification of Vietnam and Germany, and dissolution of the Soviet Union.

This work has further utility because of its related analyses of the essentials of State succession, criteria for membership in various IOs, and IO classification schemes. The book’s thesis is that contemporary confusion should be replaced by a functional approach to State identity for the purpose of attaining and retaining membership in IOs.

S. Neff, The Rights and Duties of Neutrals: A General History (Juris: 2000) [246] 1-929446-06-3

Neutrals is a welcome addition to the literature on a topic which has been underestimated in importance, and thus rather neglected. This volume is the first English-language survey of the history of the law of neutrality, beginning with its medieval roots. It nicely organizes and presents the critical mass regarding the rights of neutrals vis-a-vis belligerents, and the devices employed to restrict neutrals from trading with the enemies of various belligerents. This work also analyzes attempts to both reform and to codify the Law of Neutrality.

This work is highly recommended for inclusion in any public or private collection focusing on the use of force or generally dealing with International Law. It makes a complex subject readable. It is also chock full of both historical and contemporary references for further research.

Terrorism

UN, International Instruments Related to the Prevention and Suppression of International Terrorism (UN: 2001) [paper: 266] 92-1-133637-7

The UN produced this handy booklet as a convenient reference tool regarding the various international terrorism instruments. It is divided into four parts. Part I contains the global treaties. Part II presents instruments adopted at the regional level. Part III carries the two UN declarations on Measures to Eliminate International Terrorism (1994 and 1996 Supplement). Part IV presents the Geneva documents which form the core of the UN’s conflict management program.

While not an exhaustive collection, it provides ready access to the core content of the major international terrorism instruments. This accessible booklet serves as a quick reference guide to the major conventions relating to September 11, 2001.

W. Blum, Rogue State: A Guide to the World’s Only Superpower (Common Courage: 2000) [paper: 308] 1-56751-194-5

The back cover banner illustrates the raison d’etre of this book with the following question: "What has the U.S. done to the world that creates American-hating terrorists?" The author is an investigative journalist in Washington, D.C., who left the State Department in 1967 because of his objections to the Viet Nam War. He focuses on September 11, 2001, to corroborate his unabashed analysis of US hegemony run amok. He relies on US human rights policy as a basis for his indictment of the US and its Bill of Wrongs. He fears that increasingly belligerent worldwide actions are likely to turn the US into one of the most dangerous democracies ever to evolve.

The first of three parts analyses Washington’s "Love/Hate Relationship with Terrorists and Human Rights Violators."Here, he covers the role played by the US in the debut of the Afghan terrorists, assassinations, torture, etc. The next part of this book addresses the U.S. use of weapons of mass destruction, including bombing and chemical/biological weapons at home and abroad. The final segment is A Rogue State versus the World. Here, he chronicles U.S. interventions from the end of WWII to the present, its U.N. policies, a claim that the U.S. sent Nelson Mandela to prison, and the CIA’s role in drug distribution.

Neither political perspective, nor sense of country, should impede one from reading this progressive account of the U.S. as a rogue State. Otherwise, one has arguably failed to embrace the obligation to be informed of all points of view regarding the causes of the 2001 attacks on the WTC and the Pentagon.

Trade

S. Patel, et al. (Ed.), International Technology Transfer: The Origins and Aftermath of the United Nations Negotiations on a Draft Code of Conduct (Kluwer: 2001) [468] 90-411-9792-3

The editors have assembled a stellar cast of experts to produce a twenty-seven chapter saga of UN efforts to effectively implement its 1985 draft code. The proclamation of this egalitarian endeavor, spawned by events leading to the so-called New International Economic Order, presents another round in the UN General Assembly’s primary §2.1 objective of establishing "general and equitable standards on which to base the relationships among the parties to transfer of technology transactions ... giving due recognition to the special needs of developing countries...."

One would not normally apply the term "riveting" to reading about technology. However, this text is written, organized, and presented in a way that makes it difficult to lay aside–especially for one who has never had an expert’s grasp on a ubiquitous motif which has not received the full support of the industrialized nations. This version of the UNCTAD technology transfer scenario obliterates any excuse for not appreciating its substance (which would be based on the absence of reading materials to bring this arguable dead letter to life). This is "must" reading for all public and private libraries hosting a collection generally about International Law, or specifically about this long-term UN program (since the 1964 initial call for its creation) designed to effectuate a more equitable distribution of global resources.

J. Jackson, The Jurisprudence of GATT & the WTO: Insights on Treaty Law and Economic Relations (Cambridge: 2000) [497] 0-521-62056-2

Any book by John Jackson on GATT/WTO immediately dictates acquisition for both public and personal libraries in the U.S. and abroad. While he is a voluminous writer in the field, he does manage to provide novel insight with each new offering. This one is no different, because it collates his seminal works. Both novice and expert now have ready access to his timeless writings, spanning four decades, and now available between two covers.

This is not just a collection of historic literature. Jackson has also edited his prior works by making omissions and adding updates--once thought to be the province of only electronic scholarship as opposed to the print format. He has also arranged his prior works into six central themes, each of which carries his introduction. The motifs include an overview of the landscape; GATT origins; trade policy fundamentals; dispute settlement procedure; GATT juxtaposed with treaties and national laws; and the Uruguay Round which led to WTO.

Cambridge was wise to promote this particular form of increased accessibility for a collection which was heretofore not as readily available because of its variousness and long-term evolution in a variety of fora.

Treaties

COE, et al., Treaty-Making: Expression of Consent by States to be Bound by a Treaty (Kluwer: 2001) [349] 90-411-1692-3

The Committee of Legal Advisers on Public International Law of the Council of Europe devised this report on the practice of forty member States. One now has ready access to succinct, detailed, and readable information about the varied means for entering into treaty commitments by a diverse array of national actors.

This volume consists of two major sections, appearing on English and French language facing pages. Part One presents the Committee’s analytical report. Its subsection cover regulation of the treaty-making process, national regulation of the treaty-making process at the international level, and domestic legal processes, followed by State practice regarding reservations and related declarations. These sections are followed by analyses of provisional applications and the place of treaties in the domestic legal order. Part Two conveniently collates country reports from Albania to the UK. One thus enjoys ready access to content in both a macro sense (Part One) and a micro sense (Part Two).

One of the very informative appendices presents the COE’s Questionnaire on Expression by States to be Bound by a Treaty. This book’s end matter might be consulted first, so that the reader may fully appreciate the quality of work which produced the raw data for this "must have" addition to the literature on treaty practice.