formerly
United Nations Decade of International Law

ELECTION PROCESS: This year, our group instituted a new model for our election process. It is now being studied by the ASIL, for possible use in other sections. As previously reported, our Vice Chair solicited and accepted nominations via e-mail, during the two-month period of January and February. She then posted the nomination results, as the basis for the one-month voting period. Many thanks to Martha Trofimenko for her assistance to our ASIL section for providing this valuable service.

Only one person was nominated–resulting in the election itself not being particularly significant. However, the institution of our new elections process was very significant! That was because our entire group had, for the first time, the opportunity to participate in the election process via newsletter announcement and our electronic listserv. I presented the details to the ASIL CEO at the annual breakfast meeting of the various section chairs.

ELECTION RESULTS: William Slomanson was elected Chair of UN21 for (the standard) three-year term. His term of office began as of the April 2003 ASIL Annual Meeting. It ends at the same meeting in 2006.

Under our current process, the Chair appoints the Vice Chair, similar to the process used in American law schools–where the Dean normally appoints the Associate Dean.

The Chair also appoints the other UN21 "officer" (for lack of a better term): the Newsletter Editor. In this instance the current Chair and Editor have had a smooth working relationship for many years :-) Slightly less facetiously, this arrangement is subject to the will of the majority of UN21 members. Although I have been serving in both roles for some time, I believe that has benefitted the section and the Society. It remains, however, subject to the will of the majority of our group, should anyone prefer that these two offices be occupied by two people rather than one.

ADMINISTRATIVE THANKS: I would like to specially thank Cindy Marciel, Faculty Secretary, Thomas Jefferson School of Law, for her unwavering help over the years with facilitating the publication of our newsletter. Cindy prepares the mailing envelopes for copies of the newsletter to: (1) non-member friends of UN21 who read and rely on our newsletter; (2) those UN21 members who remain electronically challenged; and (3) publishers.

On behalf of UN21, many thanks are due to Sasha Skenderija at Cornell Law School. He is the webmaster who is responsible for uploading our various Newsletters–and has done an outstanding job of tweaking our web presence via his many formatting ideas.

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LISTSERV ELECTIONS COMMUNICATIONS

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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.

To try to move this budget matter along, I have hatched a devious, self-serving plot to generate more discussion about this matter (which will also be sent via e-mail). I am a Visiting Professor at Pristina University (Kosovo) each summer. They have begun the process of translating my course textbook, Fundamental Perspectives on International Law, 4^th ed (2002) into Albanian. The process of translating is very time consuming and expensive.

The Dutch Government has allocated 1000 Euro to this project, based on translation fees of 10 Euro (about USD10.00 per page). The book is 694 pages, with an electronic component of about 250 more pages that I assign for my summer course. See my overall Course Web Page at http://home.att.net/~slomansonb/txtcsesite.html and my Kosovo course assignments webpage at http://home.att.net/~slomansonb/kosovo.html.

I receive no pay for my summer teaching in Kosovo. I receive no royalties from my book. For the last two years, my publisher has donated the 3^rd and now 4^th ed course books to the university, because of Kosovo’s economic posture. Bottom line: USD3,600.00 & the Dutch government’s roughly USD 1000.00 existing donation toward this translation project would get about half of the book translated. The purpose is to use the book, not only in my summer program, but also in the Fall and Spring programs, where what materials are available are quite out of date.

Finally, I would not handle any of this money. The Dutch Government’s representative would do so. There would be a clear financial trail between ASIL, who would write the check and the appropriate Dutch representative. I cannot provide further details, because I would first have to know how UN21 members feel about this particular use of our budget surplus.

My rationale for this request now is also geared toward moving my aging quest for our group to use this monet in a way it deems appropriate, rather than it’s collecting dust in a Washington, D.C. ASIL bank account.

As I said at the outset, this is a self-serving (not financially in any way) proposal. However, it would further the UN program in Kosovo, specifically that of the Dutch Government who is responsible for the educational piece of reforming education in the Balkans.

As my earlier post indicates, Pristina (the only university in Kosov) has many other needs. So, it’s your turn to accept or substitute another proposal!

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MEMBERS' ACTIVITIES:

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Please advise the Editor of your significant professional developments. We can thus keep in touch and serve as resources for one another.

[Editor’s note: No entries provided for this issue.]

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OP-ED

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make enforcement of human rights and freedoms within a sustainable environment the central focus of all international public policy;

make membership in the UN dependent on stricter compliance with international human rights and environmental standards;

give the UN Organization and its agencies better abilities to broadcast their global information to the Peoples of the Member States to help educate them for democracy and environmental sustainability;

give more of a direct democratic voice to the increasingly educated Peoples through advisory international public votes on international public issues;

strengthen international representative democracy by allowing elected national legislators to serve a dual role, perhaps via the Inter-Parliamentary Union, as global democratic representatives in the UN;

help strengthen and consolidate internal, national democracy and good governance;

finance the humanitarian needs of the UN Organization through an international tax on currency speculation while reserving the present funding system for the political and military aspects of the UN;

strengthen the jurisdiction of the International Court of Justice and mandate advisory opinions from the Court, even on its own initiative, on issues involving interpretation of the United Nations Charter;

outlaw, not just the use, but the development, testing, delivery, and possession of all weapons of mass destruction by everyone;

mandate a balanced phase-down of the military budgets of the Member States;

create a weighted voting system in the UN General Assembly that would include population and Member State financial contributions, and which would make resolutions internationally binding if they passed by a two-thirds majority of such a weighted vote;

formally or informally reduce the veto in the Security Council and expand its membership, or fold the functions of the Security Council back into the reformed General Assembly;

upgrade the public health and environmental functions of the UN;

bring international labor, human rights, and environmental standards to bear on transnational business to eliminate the gross exploitation of international labor and the use of politically weak countries as dumping grounds for toxics and pollutants;

bring greater democracy and fairness into international finance and trade; and

focus on bringing social, economic, religious, and entertainment leaders together for the promotion of UN global programs for human betterment, such as its current Global Movement for Children and its Global Movement for a Culture of Peace.

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Amnesty

A. O’Shea, Amnesty for Crime in International Law and Practice (Kluwer: 2002) [376] ISBN 90-411-1759-8. Price: USD92.00.

This publication is a welcome addition to the rather sparse literature on amnesty for crimes, including those which would otherwise subject the perpetrator to prosecution in an international criminal tribunal. It addresses the degree to which states are free to grant amnesties, given the developing moral and legal restraints on providing what is, in effect, a clean slate for those who have violated norms deemed fundamental to the international community. The Rome Statute, for example, does not address this troubling scenario.

There was widespread reaction to South Africa’s expressed quest for truth, given the atrocities occurring there before the fall of Apartheid. The author addresses the potential for an emerging norm of Customary International Law, dedicated to introducing constraints upon States that would otherwise abuse the Truth and Reconciliation Commission model.

The author proposes a vivid Protocol to the Rome Statute in this thoughtful analysis. States would thus be limited in their ability to rely on amnesty principles when seeking to opt out of their duty to prosecute those responsible for crimes of major interest to the international community.

Arms

° D. Gallik & D. Fisher (ed.), World Military Expenditures and Arms Transfers 1999-2000 (DOS: 2002) [paper: 200] ISBN 0-16-05190-9. Price: None given

Courts

C. Amerasinghe, Jurisdiction of International Tribunals (Kluwer: 2003) [881] ISBN 90-411-1838-1. Price: Eur 215.

This treatise is a remarkably comprehensive collation of jurisdictional predicates for the world’s international tribunals. Its broad array of related topics focus on dispute resolution themes and fora for a variety of problems–not just between States, but also commercial and investment conflicts between States and individuals, between internal groups subject to international norms, and intergovernmental organizations.

The introductory Parts I and II unveil the nature of "international" disputes, the various adjudicatory methods employed, and the status of various tribunals. As Part II unfolds, one may thus have access to the general principles that any lawyer or researcher would need to digest for successful participation in the various arenas. There is guidance, for example, regarding forum selection clause interpretation, jurisdictional competence, admissibility of claims, remedies, and advisory jurisdiction. Part III addresses specific tribunals: judicial, arbitral, administrative, and the role of court-related commissions.

This treatise is another notable work product by this already accomplished author. It will no doubt be an indispensable addition to the shelves of any collection focusing on both general legal principles, and the specifics of the world’s major dispute resolution tribunals.

Globalization

M. Likosky (ed.), Transnational Legal Processes: Globalisation and Power Disparities (Buttwerworths: 2002) [505] ISBN 0-406-94674-4. Price: GBP 31.95.

This is a multiple-author collation of analytical essays on an indisputably "hot button" topic–which one might refer to as the "G" word (globalization). The predominantly British and US scholars present refreshing perspectives from various disciplines, including law and the social sciences. They assess the related legal processes in Africa, Asia, Europe, Latin America, and the US.

This is an informative and general reader, for both novices and experts on the increasingly tense issues spawned by globalization. The supposed global interdependence is aptly questioned. There are of course international networks, supported by inter-State diplomacy tied to crossborder individual relations. But the globalization phenomenon, widely characterized as representing the contemporary state of the world, is not necessarily anything new. The scale of interdependence is new, but its underlying commercial engine has merely been driven by new propellants. For too many inhabitants, their horizons remain local in scope. As noted in the introductory materials on the so-called global village: "We talk in global terms; but we live locally."

The essays in the first of four parts assesses the overall "framework" of the public legal order. The second, commercial integration, global elites, markets, and corruption. The third part addresses how modern States are changing as a result of globalization–both promise and peril (e.g., cultural imperialism). The final Part illuminates contemporary transnational legal process: globalization’s challenge to both nation State and international legal order, and its impact within various human rights regimes.

This collection is highly recommended for a scholarly, but practical, well-documented, but intense, assessment of a theme which begs for more balanced treatments like this one.

Human Rights

Compilation of Decisions on Communications of the African Commission on Human and Peoples’ Rights (2d ed. Institute for Human Rights and Development: 2002) [paper: 432] ISBN 9983-9907-0-9. Price: USD40.00.

This strikingly useful report is extracted from the Commission’s Activity Reports from 1994-2001. It conveniently collates, between two covers, the Communications (reports) of thirty-six OAU nations, and nine communications from non-OAU entities. Communications can be submitted against OAU member States that have ratified the African Charter. Human rights advocates and researchers thus have access to the principal approaches to, and the legal foundations of, the work of the African Commission.

Its very publication attests to not only wide dissemination of matters of great concern to human rights advocates, but also implementation of the 1998 Protocol of the African Charter on Human and Peoples’ Rights calling for Creation of an African Court of Human and Peoples’ Rights. Under the Article 55 communications procedure, individuals and NGOs may bring cases to the Commission which challenge any ratifying State’s relevant practice which allegedly violates the African Charter. The Commission does not have the authority to determine whether States have implemented its decisions. This lack of authority is complicated by the vast majority of cases being declared inadmissible, because they have been brought against States that have not ratified the Charter. Nevertheless, this book provides an account of those submissions, which at least places such nations on notice that alleged abuses have not gone unnoticed.

Given the compelling circumstances leading to the mere publication of this account, all international libraries should endeavor to obtain this edition, and be certain to remain on any publisher’s mailing list that either exists or will be developed as a result of the publication (and review) of this compilation.

P. Kovacs, International Law and Minority Protection: Rights of Minorities or Law of Minorities (Akademiai Kiado: 2000) [paper: 174] ISBN 963 05 7750 X. Price: USD35.00.

This prominent writer’s latest publication strikes an intellectual spark in the burgeoning hinterland of human rights materials. His booklet compiles various articles he has written about protecting minorities in Europe. It yields a succinct but authoritative snapshot of the application of the relevant legal instruments: the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities in Europe.

The materials in these eight accounts are well-written and documented. They illustrate both the strong and weak points of these treaties (which entered into force in 1998). The analysis focuses on the State as an institution which is expected to implement and harmonize the individual and collective minority rights embraced by this regime.

A. Zhelyazkove, et al., The Roma in Central Europe: Avoiding the Dependency Trap (UN: 2002) [paper: 126]. ISBN 92-1-126153-8. Price: USD20.00.

This UN Development Programme report focuses on the plight of a rather neglected minority –Europe’s Central and Eastern European Roma (gypsies). The origin of their deprivation is neither exclusively legal nor political – and thus incapable of being undone by merely passing new laws, without more. An extremely high percentage derive their income from various national programs including allowances for children, unemployment benefits, and pensions. State subsidies effectively contribute to disproportionate unemployment, lack of education, and socio-economic dependency.

The UN’s analysis illustrates that the Roma desire integration, but not at the cost of losing their distinctive cultural identity. They do not have to be assimilated. Yet the international community must reshape its efforts to provide for their broader human developmental needs. Its eight chapters thus unearth the crucial details about the history, demographics, and social structure that so prominently factor into maintaining this dependency trap.

Immunity

H. Fox, The Law of State Immunity (Oxford: 2002) [572] ISBN 0-19-829836-6. Price: GBP80.

This outstanding analysis focuses on the full range of critical issues concerning the law of State immunity. The many debatable matters covered in this well-written and superbly documented work include: the degree to which human rights violations should trump State immunity; whether the diversity of national decisions on point should be supplanted by a treaty; and whether the enforcement of the various international norms, by national court judgments against other States, is far more theoretical than practical.

The publication commences with a resourceful summary of the historical justification for State immunity, and the related sources of this branch of the law. The author authoritatively presents the current state of affairs, followed by her skillful thickening of the plot when integrating the "other" immunities: Heads of State, diplomats and their missions, armed forces, and international organizations. The author delves into the controversy over contemporary blows to the vintage rule of absolute immunity for Heads of State and high ranking officials, who heretofore ruled under the protective umbrella of "sovereign immunity." Such matters are the prelude to the English Pinochet and ICJ Arrest Warrant cases–in a book which by no means is limited to just those cases.

The later chapters assess the full array of controversy within the contemporary legal order, as well as the author’s predictions about future immunity models. This publication is a must for any public or private collection shelving the classics of international legal literature.

Law of the Sea

N. Poulantzas, The Right of Hot Pursuit in International Law (2^nd ed. Martinus Nijhoff, 2002) [451]. ISBN 90-411-1786-5. Price: Euro 125.

The author herein unveils the major legal handicap presented by convenient reliance on international legal norms, in a context often resulting in law trumping justice. He quite successfully meets, and exceeds, his stated objective of correcting misapplications of the law which only distort underlying intent. This extensively revised and updated version of the definitive 1969 book-length analysis of hot pursuit has more than adequately met the demand for a sequel.

Its three parts address hot pursuit by land, sea, and air. He analyzes these varied contexts, including: guerilla warfare; fishing and continental shelf violations; the operations of pirates and pirate radio stations; and pursuit of highjacked and intruding aircraft.

Organizations

P. Sands & P. Klein, Bowett’s Law of International Institutions (5^th ed. Street & Maxwell: 2001) [paper: 610] ISBN 0-421-53690 X. Price: ^30.

Bowett has been the clear front-runner in a growing field of qualified candidates. These authors have fortunately provided the much-needed service of updating this most serviceable of guides to the law of international organizations. This new edition’s updates include comprehensive materials about the major global and regional institutions; the UN and its associated agencies; new organizations such as the WTO; analyses of international judicial arms of the various organizations; the work of the various EU institutions and newer regional economic organizations.

There are now a number of courses and textbooks in this field. Classroom instructors, especially those teaching an I.O. course, would do their students well to assign this supplement for a law school course–and reader for undergraduates. It is readable and an example of the finest of scholarship in an area in need of critical guidance. Professor Bowett will no doubt be ecstatic about his pioneering work now demonstrating the same degree of mastery, as when it was exclusively penned by his own hand.

Palestine

C. Mansour (ed.), The Palestine Yearbook of International Law: Volume XI 2000/2001 (Kluwer: 2003) [433]. ISBN 90-411-1817-9. Price: Euro 160.

There is a continuing need for fresh, dependable source materials on Palestine–especially now that the so-called "Roadmap" has been unveiled for achieving a Palestinian State by 2005. This publication series serves that need in a remarkable fashion. Its editorial board is distinguished and quite well-known in and out of the area.

This volume carries a host of useful documents. The articles analyze Palestinian refugees, absentee property rights, who speaks for this group as a whole, an the amicus brief for the US Board of Immigration Appeals case regarding the regime for Palestinian refugees. Its Law Reports section contains the Israeli Torture case, Palestinian and Israeli legislation regarding legal practice and right of return. There are a host of other major international legal documents, all of which bear upon the status of Palestine and its "peoples." In addition to a fascinating book review section, it carries a useful bibliography of further resources.

It would be hard to imagine a complete library that does not have this useful insight into what is happening legally, where, when, and "on the ground." Finally, its well-conceived Index promotes ready access to content.

Patents

° G. Dinwoodie, W. Hennessey & S. Perlmutter, International and Comparative Patent Law (LexisNexis: 2002) [paper: 875 + Index] ISBN 0-8205-5468-5. Price: Unknown. 

Statehood

R. Ramcharan, Forging a Singaporean Statehood 1965-1995: The Contribution of Japan (Kluwer: 2002) [375]. ISBN 90-411-1952-3. Price: Euro 106.

This publication provides a detailed analysis of Japan’s role in Singapore’s economic program for achieving statehood. This book provides useful background for interpreting the May 2003 US-Singapore free trade agreement, the largest for the US since NAFTA. A geographically tiny "city-State" is now the twelfth largest trading partner.

One can readily appreciate how an economic superpower provided the essential impetus for an aspiring city-State, which emulates Japan’s post-WWII success. This is no small feat, given the comparatively homogenous culture of Japan vis-a-vis Singapore’s multi-ethnic society. One may herein comprehend the complex methodology employed to apply economic and political pressure to facilitate Singapore’s rise to its current economic prowess.

This is a marvelous account of the forces which facilitated this international success story. Few–other than Dr. Ramcharan–have devoted the much needed time, patience, and skill to produce an informative assessment of this economic drama.