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United Nations Decade of International Law ISSUE #30: March 2004
Note: We no longer use page numbers for this Newsletter- now that we have shifted to an electronic format. Next Newsletter: Summer 2004
MESSAGE FROM THE CHAIR: Thanks to various UN21 members, this is not only Issue #30–it also represents a particularly rich dialogue within our ASIL’s UN21 section. Special thanks to John Dale for his two offerings in this issue (US Policy Reform and Bring the UN Alive in 2005!). SECTION MEETING: Our section meeting will be on Thursday, April 1, 2004, 7:45 AM, at the convention hotel (room TBA). We of course do our primary business in cyberspace, from time to time during the year between ASIL meetings, and we publish our work product on our UN21 website (thanks to Cornell Law School). It is nevertheless nice to chat at the UN21 business meeting, for those who wish to do so before everyone else starts the day! AGENDA: The only pending business is the allocation of the UN21 budget, per prior listserv communications re donating law journal subscriptions, and as restated below in the Budget Allocation Proposal portion of this Newsletter #30. I have delayed implementation of this project, pending my determining the best location at/near the university, at which to house the law journal subscriptions. This decision was resolved in favor of the Kosovo Law Centre in Pristina, but then subject to question because of its December 31, 2003 detachment from the parent organization (Organization for Security and Co-operation in Europe). Thus, my intent is to limit our official agenda for the April 1st (no joke) business meeting to further discussing this and any intervening problems. It is most likely, however, that I will have to personally assess this matter on behalf of our group when I am next in Kosovo (I am a Visiting Professor of International Law there each summer). IG CHAIR MEETING: Vice Chair Martha Trofimenko will represent UN21 at the ASIL’s annual meeting of interest group chairs. She will present copies of this latest Newsletter at that meeting, to illustrate what we have been "up to." 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:
ASIL REDESIGNATION REPORT The UN21 Chair submitted the following report to the ASIL. This is part of the Society’s program to ensure that each section is active. ASIL Interest Group Request for Redesignation–2004 [Editor’s Note: date submitted = Friday, Feb. 27, 2004.] Thanks to those who responded to my e-mail requests of June 11, 2003 and September 30, 2003 seeking IG officer views on issues related to the redesignation. [Thank you.] The following form was developed based on these responses and discussions by the ASIL Executive Committee and Executive Council. As noted in my message of September 30, as part of the redesignation process, we are asking Interest Group leaders to confer with their membership about each group’s directions and programs for the future. Hopefully, you have begun these consultations which should provide the basis for the responses in sections II and III of the questionnaire below. Please return completed forms to me by February 28, 2004. I look forward to hearing from you. With thanks, Charlotte Ku.
Name of Interest Group: "UN21" (formerly UN Decade of International Law). Current Officers (please include name, title and year office assumed, and contact information):
Vice Chair: Martha Trofimenko, Barrister and Solicitor, appointed (by Chair, with advice & consent of listserv members) in 1999 (if memory serves). Name and Contact Information of Person Completing this Request: William Slomanson: e-mail slomansonb@worldnet.att.net phone: (619) 297-9700 ext 1513 (in consultation with Vice Chair Martha Trofimenko), a copy of which will be published in our pre-ASIL meeting newsletter for all UN21 members. I. Governance A. Please describe the governing structure of the interest group, including number and titles of officers, allocation of responsibility, etc. Chair: supervises most events, including panel presentations at annual meeting. Chair makes no decisions without consultation via membership listserv. Vice-Chair supervises elections, in accordance with new election process established for UN21, and provided to ASIL in 2003 (as set forth on the UN21 webpage. Either Chair, or Vice Chair attends annual IG breakfast, whereafter a summary is submitted to IG members via newsletter. B. Please describe any rules adopted by the interest group, as well as actual practice, with respect to the frequency of elections or other changes in leadership. For example, are elections held at regular intervals? Has the group adopted formal or informal "term limits"? In 2003, UN21 completely revamped its election process. Pursuant to the written communication submitted to ASIL--and reviewable online on the IG webpage @ http://www.lawschool.cornell.edu/lawlibrary/asil/issue27_nf.html --the Vice Chair announces, and then complies results for, the three-month election process described above. The Chair serves for a three-year term. While there are no formal "term limits," various newsletter announcements have solicited others to serve in this position, while expressing the willingness of the current chair to step aside. These formal offers are available on line, for example, on the above webpage, wherein the Chair states "I am willing to serve as Chair for another term; however, I do not want to do so, if others feel that it is time for a change. It appears to me that the best way to handle this matter is to ensure a wider degree of voting than possible before we had this e-mail listserv." One need only send an e-mail to the membership, at un21@yahoogroups.com, for whatever confirmation of the above that ASIL might desire. C. By what means and how often do interest group officers communicate with interest group members? The UN21 Chair communicates: (1) roughly bi-weekly, with all IG members, via the above-mentioned group listserv, which is elctronically archived at http://groups.yahoo.com/group/un21; and (2) about three times per year via the UN21 Newsletter. For the frequency, dates, locations, and newsletter content, go to http://www.lawschool.cornell.edu/lawlibrary/asil . II. Purpose and Direction of Interest Group A. What are the purpose and direction of the interest group? Please reply with particular attention to the following objectives · fulfilling the educational and public awareness mission of ASIL;· providing additional opportunities for active participation by ASIL members; and· making a contribution to the development and use of international law.PURPOSE (drawn from the UN Decade of International Law statement of Purpose, which the group chose to retain when it sought redesignation as "UN21" after the end of the UN Decade of International Law ): - 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. PARTICIPATION/CONTRIBUTION: IG members communicate via listserv, and contribute op-eds to the Newsletter. When they travel abroad, they often report back to the group, whose ideal is to share the work of the ASIL with foreign groups which they encounter. Most members, of course, cannot or do not do this, but those who do, report or are encouraged to report back to the group. Academic members are encouraged to share information about ASIL with their respective constituencies. This year, for example, a faculty member and team from Kosovo will be representing Kosovo at the Jessup Moot Court competition in Washington, DC. B. Please indicate if and where this marks a change from the Interest Group’s immediately prior statement of purpose and direction. The UN21 group did not change its purpose, as stated above, with the close of the UN Decade of Int’l Law. C. Please indicate what process of consultation was undertaken within the interest group to determine interest group acquiescence with the above stated purpose and objective. The Chair forwarded the ASIL e-mail, requesting input from the IG members. The Chair and the Vice-Chair consulted in the preparation of this draft. (Re the basic group purpose, that has been "on the books" since the close of the UN Decade of International Law.) III. Anticipated Program of Activity A. Short - term: Please be as specific as possible and detail programs and activities planned for 2004, with particular emphasis on how interest group members will be involved. A UN21 business meeting has been scheduled to coincide with the ASIL annual meeting (as previously confirmed by the ASIL Program Manager) on Thursday, April 1, 2004. Such meetings are not always well attended, both because of the hour they are scheduled, but partially because of the frequent communication among group members via the listserv and newsletters. Thus, we do essentially all of our business, and IL informational exchanges, online--which has helped to democratize this groups’ activities. B. Long - term: Please describe other activities planned or under consideration for the next five years. UN21 has authorized the dispensing of a significant portion of its budget surplus (which exists largely b/c of the shift to an electronic listserv for communications & an online Newsletter) for purchasing journals for law students at the University of Pristina in Kosovo—the only part of the world currently under UN Administration. (The listserv archive contains the relevant msgs.) This will further enhance the ASIL’s visibility (beyond Jessup, as mentioned above). The section will thus contribute to the education of a formerly oppressed ethnic group, and others in this third world region, in a way that will better acquaint these future leaders with the work of the ASIL. In the interest of full disclosure, UN21 abandoned a program whereby each member was expected to pledge to talk with one non-law group per year on Int’l Work (and thus, the work of ASIL). However, far too few people actually did so, and some actually abandoned UN21, thus making this objective unworkable. Please return to Charlotte Ku by Friday, February
28, 2004. MEMBERS' CORNER Each issue contains news of our members’ accomplishments. Please advise the editor <slomansonb@worldnet.att.net> regarding any new publications, employment matters, and presentations. • Martha Trofimenko: (1) Chapter on "Law as Infrastructure: Overcoming Obstacles to Development of a Democratic State" in a book entitled: Society in Transition. Canadian Scholars Press, Inc., 2003. (2) An article on "Developments in U.S.-European Relations" in v. 59, Nos. 2-3, Ukrainian Quarterly of International Affairs, Spring-Summer 2003. (3) On November 15th, 2003, I delivered a Paper at the International Conference On Political Economy and Development in Kyiv, Ukraine. (4) Chaired a Round Table on Single Economic Space and Russian Economic Expansion at the Shevchenko Scientific Society Conference in New York, Sat. December 13, 2003. BUDGET ALLOCATION PROPOSAL Our most recent balance statement reflects a budget
surplus of $5,233.00 SUMMARY OF CURRENT POSTURE: The UN21 section has authorized an expenditure of its budget surplus to purchase and send law journal subscriptions to Pristina University in Kosovo. The amount has not been set. The chair had suggested that the Kosovo Law Centre (KLC), set up by the Organization for Cooperation and Security’s Kosovo branch as a part of the post-conflict international community’s human rights efforts in Kosovo. Because of a change in the status of the KLC, the chair thought it best to delay any expenditures until he could revisit Kosovo in Summer 2004, to determine which organization there would be the best to house the donated journals. Thus, this program is temporarily "on hold." A representative of Pristina University (and Kosovo’s representative in the 1999 Dayton Peace Accords, then posted to the Albanian diplomatic corps) will be attending the upcoming Annual Meeting in Washington, so that this matter may be further addressed. EARLIER POST TO "UN21": From: William Slomanson <slomansonb@worldnet.att.net> Many thanks to those who have responded publicly, and privately, regarding my proposal for UN21 to buy journals for the OSCE's Kosovo sub-NGO, called the Kosovo Law Centre or "KLC." (I provided my website, with pictures of the Director and Librarian in my last "e" to you.) This msg is to let you know that I have not made a final commitment regarding this donation, because the KLC is moving offices at the end of this year. I have sent an unanswered inquiry about where KLC will be, as well as its post-move funding status. I want to ensure that our donation--if we make it--ends up in the most accessible location for university faculty and students. I have someone "on the inside" there who is very objective, and who suggests caution at this time. There are several other possible venues for our donation. I want to make sure that the students are actual beneficiaries (there have been some problems in the past which I do not want to see repeated). If I receive no response to my msg of a couple weeks ago, then I think the answer will be quite clear. Should we make this donation, my intent is to have ASIL write any related checks to the respective journal publishers (and thus keep track of our declining balance). I of course have to determine whether the ASIL will do that, because I do not want to be directly involved with the transfer of any funds. I think this will work, b/c of the ASIL's ties with the UN (observer status) and that the UN is running Kosovo. As a reminder, my objective is not to "give the store away." It is to make a partial donation, maybe X number of journals for Y number of years--if for no other reason than to ensure that I can see where those journals are, when I visit each summer. Finally: although I have had only positive replies, I need to ensure that if we are going to expend a significant portion (if not all, somewhere down the line--eg, office supplies or furniture) of our 5k surplus, that no one has any objections. The best medium for ascertaining that information is, of course, this listserv. Thus, if you have a concern (other than the one I have already identified in this msg), would you contact me publicly or privately? If you choose to respond privately, be sure to address your response to slomansonb@worldnet.att.net. DO NOT merely hit the Reply button--which submits your msg to the entire group--unless your intent is to respond publicly. (BTW, I would prefer a public response, but this is up to each member.) Regards, Bill LISTSERV COMMUNICATIONS [Editor’s Note: There are 95 registered members in UN21. There are many more people on our communications listserv. Would you please contact ASIL to determine whether you are a dues paying member? One way to know that is whether you are/have been paying the modest $10.00 per year annual section dues. Confirming your status as a dues paying member will help our group, and keep you honest!] From: Charlotte Ku <CKu@asil.org> Subject: Interest Group Membership Lists Date: Tue, 2 Dec 2003 124040 -0500 Dear IG OfficersBefore the end of this year, the ASIL Service Center will be sending each of you a list of your members as recorded in our database for 2003. Since these records will be produced off our new membership database, do please take a moment to check the list to see if there are any discrepancies with your own records. If so, we will work to correct them. Contact the ASIL Service Center with any discrepancies at services@asil.org. Commencing January 15, 2004, you will routinely receive a membership list for your group on a quarterly basis on or around January 15, March 15, July 15, and September 15. However, if you need a list at any time in between regular reports, please contact services@asil.org and they will produce a list for you. Please allow 48 hours to process a list request. I know that regularizing membership reports to the interest groups has been an elusive goal of ours for some time. Happily, a recent overhaul of the ASIL database and Service Center is finally making this goal attainable. I am working to regularize financial reports next. With thanks for your patience, Charlotte
[Editor’s Note: John Dale, GPUU Envoy to the UU United Nations Office, forwarded this helpful notice of a recent conference/debate in Arizona. It is redistributed here, because of its utility regarding US foreign policy reform.] PRESCOTT DEBATES US FOREIGN POLICY On Sunday, October 26 and Sunday, November 9** at 9:00 a.m., the Granite Peak Unitarian Universalist Congregation will sponsor two debates as part of The People Speak: America Debates its Role in the World, a nationwide event. GPUUC is one of hundreds of student and community groups across the country holding debates focusing on U.S. foreign policy. American foreign policy is being hotly debated at home and abroad. Are we heading on the right course? Please join us to hear Professor Paul Hriljac of Embry Riddle Aeronautical University and John Dale, Envoy of GPUUC to the UU United Nations Office, debate the topics: · Should the US use preemptive military force to
stop the spread of weapons of mass destruction? (Oct. 26) Resolutions for Debate on Oct. 26 SET A: The Use of Force 1- Preemptive
Use of Force 2- Criteria for Military
Intervention SET B: Global Challenges and International Cooperation 1- Nonmilitary Issues 2- International Law and Institutions Note to Organizers and Debaters: To facilitate your preparation for the debate, we have developed sample pro and con arguments for each resolution, and have suggested additional readings. These materials are not meant to be comprehensive; they serve only as a guide. We encourage you to use your own expertise and any background and research sources you see fit. For more resources, visit www.jointhedebate.org. SET A: The Use of
Force 1- Preemptive Use of Force SAMPLE PRO ARGUMENTS · The threats posed by terrorist groups with global reach and rogue states armed with nuclear, chemical or biological weapons are so immediate and potentially destructive that we cannot wait to absorb a first strike before reacting with armed force. A strategy of preemption responds to emerging threats posed to America and American interests by terrorist networks and hostile states and minimizes the likelihood of an attack. · A preemptive strategy takes advantage of America’s unrivaled military power and allows us to protect our national security in a manner and at a time of our own choosing. We should not have to absorb a devastating punch before we strike back. · The American people have invested heavily in a military capability second to none so that America’s service men and women have all the means necessary to defend us against our enemies. We should not hesitate to use this force to strike first if we feel we are threatened. · This proactive policy will be welcomed by allied nations, even if some may complain publicly about U.S. unilateralism, because the world relies on American power to deal with these threats, whether from terrorist networks such as al-Qaeda or tyrants such as Saddam Hussein who threaten entire regions. · The United States should not be expected to relinquish to another body or nation our sovereign right to use military power to protect our national security interests. As was shown in the late stages of the Iraq debate, we cannot count on the U.N. Security Council to address imminent threats effectively. Too many different interests are at work in the Security Council for it to mobilize rapid response in crises or reliably in advance of them. For other arguments
along these lines, we recommend Council on
Foreign Relations, "A New National Security Strategy in an Age of
Terrorists, Tyrants, and Weapons of Mass Destruction: Three Options"
(2003). John Lewis
Gaddis, "A Grand Strategy of Transformation," Foreign Policy,
(November/December 2002) Barry R. Posen,
"The Struggle Against Terrorism: Grand Strategy, Strategy, and Tactics,"
International Security, Vol. 26, No. 3 (Winter 2001/02), especially pp.
51-55 SAMPLE CON ARGUMENTS · The preemptive doctrine invites international chaos. America’s peace and security have been well served by the U.N. Charter’s provision limiting use of force against other nations to self-defense against an armed attack. If we revive the dangerous doctrine of preemptive war that was discredited at Pearl Harbor, we start down a slippery slope; any nation could then invoke invented threats to justify aggressive wars, making the world far more unstable and unsafe.· America's leaders wisely rejected calls for preemptive attacks against major powers like Russia and China in the 1950s and ‘60s, relying successfully instead on deterrence and containment. Deterrence and containment, rather than preemptive war, should be more effective against today’s ‘threats’ from small, weak countries. · Strategies of preemption can backfire, actually encouraging arms proliferation, by creating incentives for nations at odds with us to seek nuclear, chemical or biological weapons in order to deter a potential American attack. The resulting ripple of proliferation could heighten world instability. · Preemptive strategies, based on intelligence estimates that inevitably have some measure of uncertainty, can push America toward taking all the risks, bearing all of the costs, and potentially being left alone when things go wrong. If the international community disagrees with a U.S. decision to use force preemptively, other nations will likely be reluctant to provide support—military, diplomatic, peacekeeping, financial, intelligence—when we need it. · The U.N. Security Council successfully marshals sanctions and other pressures to contain potential threats at low cost. When the use of military force becomes necessary, Security Council support for military action confers international legitimacy and legality on such action, bringing us allies on the ground and spreading the costs among partners worldwide. For other arguments along
these lines, we recommend Council on
Foreign Relations, "A New National Security Strategy in an Age of
Terrorists, Tyrants, and Weapons of Mass Destruction: Three Options"
(2003). Ivo H.
Daalder, James Lindsay and James Steinberg, "The Bush National Security
Strategy: An Evaluation" (October 2002). Michael Hirsh,
"Bush and the World," Foreign Affairs, September/October 2002 Joseph Nye,
"American Power and Strategy," Foreign Affairs, July/August 2003
SAMPLE PRO ARGUMENTS · America’s most priceless treasure—her superbly trained fighting men and women—must not be squandered on humanitarian interventions for such well-meaning but secondary causes as democracy promotion or protecting human rights and lives. Such missions only degrade our military’s combat capability, leaving it less prepared to face clear and present dangers. · We want to ensure respect for human rights, and we certainly can do that by vigorously condemning abusers and channeling our foreign aid to more democratic partners. But we must not endanger American lives and interests by letting abstract concerns about democracy divert us from close cooperation against terrorism, just because some allies are not model democracies. · Ethnic conflicts will continue to rage, and we certainly don’t want to get caught in the cross-fire. Intervening militarily in the affairs of a sovereign state is costly and usually ineffective; if other countries want to play a role, let them—but they shouldn’t expect Americans to join them or even to help pay for the U.N. to do it. We were right to resist a misguided U.N. operation in Rwanda, and wrong to force one in Haiti. · Exerting political and economic pressures, including sanctions, can be effective alternatives to the use of force for affirming our values. Our military forces should be reserved for protecting our security interests. For other arguments
along these lines, we recommend Elliott Abrams, "Humanitarian Intervention: What Lies Ahead?" Freedom House (October 2000)http://freedomhouse.org/research/freeworld/2000/essay2.htm Simon Chesterman, Just War or Just Peace: Humanitarian Intervention and International Law, Oxford University Press (January 2003). Charles Krauthammer, "The Short, Unhappy Life of Humanitarian War," The National Interest, (Fall 1999). SAMPLE CON ARGUMENTS · America’s most priceless treasure is her commitment to democracy and human rights. We should be prepared to join other countries in support of interventions that defend these commitments – even if the United States does not have immediate economic or strategic interests at stake. Their advancement is in fact a vital American security interest, because democracies do not start wars with each other and are less likely to lapse into insurgent civil war. · In many cases, even a small investment of troops can avert a major tragedy. More than half a million Rwandans were butchered because Washington wouldn’t allow a small, armed U.N. force to halt the genocide there. It took just 800 British troops to stabilize the situation in Sierra Leone. Such a small-scale humanitarian intervention would not degrade America’s formidable combat capabilities. · There occasionally are situations, like Haiti, where a military effort can remove obstacles to democratic will and smooth the way toward regional and U.N. efforts; we should not automatically rule out that option in such circumstances. · Sometimes the prudent use of military force to stem humanitarian disasters and avert anarchy can promote international security. These problems can easily cross national borders, creating waves of instability throughout regions, as happened when crises in Rwanda and Liberia left unchecked spread through many neighboring countries in central and western Africa. For other arguments along
these lines, we recommend Roberta Cohen and James Kunder, "Humanitarian and
Human Rights Emergencies: Policy Brief #83," The Brookings Institution
(June 2001). Brian D. Lepard, Rethinking Humanitarian Intervention: A Fresh Legal Approach Based on Fundamental Ethical Principles in International Law and World Religions, Pennsylvania State University Press (Spring 2002). Michael E. O’Hanlon, "Doing It Right: The Future
of Humanitarian Intervention," Brookings Review (Fall 2000). SET B: Global
Challenges and International Cooperation 1- Nonmilitary Issues SAMPLE PRO ARGUMENTS · In a world without walls, the long-term health, well-being and security of Americans is increasingly bound up with that of close and distant neighbors. For instance, improving basic health in poor nations—by eliminating diseases like polio or smallpox and quickly blocking the spread of deadly new diseases like SARS—also protects health in our own country. To ensure a safe and rewarding future for all of us, we need to invest more today in addressing such important long-term challenges.· Gaping economic disparities, real and perceived social and ethnic injustices, and unresolved political grievances can be a recurring source of extremism, conflict, and terrorism. We must address these underlying conditions in order to create a stable and peaceful world; military power is not enough to achieve these goals. Dealing with the root causes of conflict, in concert with other wealthy countries, helps drain the swamp of terrorism and makes the soundest long-term contribution to national and global security. · Investing more in issues that other citizens around the world care about—including basic health, economic opportunity, environmental sustainability and democratic governance–will demonstrate that Americans are concerned about improving other people’s lives and not just our own. Helping others also gains us greater voluntary cooperation when we ask developing countries to help out on American priorities, like the struggle against terrorism, and reduces the resentments that now generate frictions with allies. · America has an unparalleled opportunity—working with others—to save millions of lives now taken by disease, to put tens of millions of illiterate children into school, to save the earth from irreversible environmental damage and more. Bringing our power to bear on such challenges is in the American tradition, and it is the right thing to do. · We have the resources and the know-how to contribute effectively to global progress on many fronts while maintaining a strong military and domestic economy. In fact, we can’t afford not to. Smart US investments—particularly in cooperative efforts with other nations—can make the difference between losing ground against health and environmental threats or grappling with them successfully. For other arguments along
these lines, we recommend "By the People: Americans’ Role in the World": A Discussion Guide for Community Forums http://www.nifi.org/ARW-document.pdf Jeffrey Sachs,
"Weapons of Mass Salvation," The Economist, October 2002 P.J. Simmons,
"Global Challenges: Beating the Odds," Carnegie Endowment, August 2002 Center for
Global Development/FP Magazine "Commitment to Development Index". Ranking
the Rich: Which Country Really Helps the Poor? SAMPLE CON ARGUMENTS · At a time of ever-increasing threats, we cannot afford to do more on these issues; doing so would mean diverting resources from strengthening U.S. military forces and fortifying homeland security. If anything, we should be increasing the size and sophistication of the over-stretched military in order to win the war against terrorism and beef up homeland security.· We don’t need to give more assistance to developing countries; they need to make better use of what we are already giving them. Health and development programs in poor countries have been riddled with corruption and waste, and for all the billions we have poured in we have bought ourselves little sympathy from poor countries around the world. Aid should be market-based and only targeted to countries that are making legitimate progress toward democracy and market economies. Most assistance should be delivered bilaterally, not jointly with other countries through United Nations agencies, where time and money are lost in global bureaucracies and assistance sometimes goes to countries opposed to the United States. · There is no connection between confronting challenges like disease control, illiteracy abroad and environmental degradation and direct risks to U.S. national security. The 9/11 hijackers did not come from the poorest classes of their societies, and they were well-educated individuals. The primary goal of U.S. national security is to protect our citizens and homeland, not to act as "social worker" to the rest of the world. · While there are clear humanitarian and compassionate reasons to help where we can, we should not delude ourselves into thinking that social progress can be achieved in a strategic vacuum. Our national interests and our values require that we temper compassion with other, more strategic considerations—especially connected to the fundamental needs and safety of the American people. · America’s comparative advantage in maintaining world stability is in our superb military, while European nations, Canada, Japan and others are better at foreign aid, peacekeeping, and social programs. The international division of labor should reflect our respective specialties: Let other nations take financial responsibility for "soft" social investments, and America will guard the peace. With our deficits, we can't do it all. For other arguments along
these lines, we recommend Michael Maren, The Road to Hell: The Ravaging Effects of Foreign Aid and International Charity, Simon & Schuster Adult Publishing Group (July 2002). Stephen Moore,
"Foreign Aid: End It Don’t Mend It," The Cato Institute (1997). David Rieff, A Bed for the Night: Humanitarianism in Crisis, Simon & Schuster (October 2002). Ian Vasquez,
"56. Foreign Aid and Current Lending Fads," Cato Handbook for Congress 2- International
Law and Institutions SAMPLE PRO ARGUMENTS · Americans were chief architects of the United Nations system and major international rules, and we have been major beneficiaries. The systems we helped build have kept trade, foreign investments and communications flowing. And they have been essential to advancing stability, security and a world based on common values.· Many concerns that Americans share with others around the world—peace, economic progress, proliferation of nuclear, chemical and biological weapons, narcotics trafficking, contagious disease, poverty reduction, and environmental degradation—cross boundaries and require international cooperation for their solutions. Through U.N. bodies and international institutions, we can obtain agreement on what all countries need to do to address those issues. · When the United States works with our allies through international institutions, we get results. Together we have eradicated diseases like smallpox; reduced the spread of nuclear weapons; increased literacy rates; prosecuted war criminals; fed starving peoples around the world; and reversed the destruction of the earth’s ozone layer. · Reliance on international institutions expands our options and multiplies our strength. The U.S. cannot send its own inspectors to search for nuclear weapons or track diseases in every other country; U.N. officials can go places where U.S. officials can't, like Iran and North Korea. Moreover, by winning agreement through U.N. and other multilateral bodies, the U.S. can share the cost and risks of actions and initiatives with other nations. · Our respect for international institutions and laws increases the credibility and acceptance of U.S. actions across the globe. When others perceive the U.S. as a reliable partner that is willing to follow the same rules that it expects others to obey, America’s ability to attract and persuade others to adopt its proposals are enhanced, with much less friction than relying on force or coercion. · Being disdainful of international agreements and treaties—or always insisting "it’s our way or the highway" when we’re involved—sets a dangerous example. It could easily lead other countries to flout rules and treaties that we benefit from– like those designed to keep trade flowing, cut off terrorist financing, block the spread of nuclear, chemical and biological weapons, or protect our products from copyright or patent infringement. For other arguments along
these lines, we recommend Two Charts on U.S. Policy on Global Issues: "The US Wages
Conventional Warfare at the United Nations: A WEDO FACTSHEET" P.J. Simmons, chart on "US Behavior on Global Issues: Patterns that Draw Criticism," http://www.ceip.org/files/pdf/Policybrief17.pdf Joseph Nye,
"American Power and Strategy," Foreign Affairs, July/August 2003 Shashi Tharoor,
Why America Still Needs the United Nations, Foreign Affairs,
September/October 2003 Shepard Forman,
The United States in a Global Age: The Case for Multilateral Engagement
Princeton Lyman Stewart Patrick (May 2002) For information on the International Criminal Court, see http://www.usaforicc.org or find links at the United Nations homepage: http://www.un.org SAMPLE CON ARGUMENTS · The United States has unique interests around the globe and a unique historical mission to stand up for democracy, liberty and freedom where they are threatened. Subordinating our power – military, economic and moral – to the dictates of the United Nations (or the "international community") makes us excessively vulnerable to the opponents of liberty and freedom, whose powers are greatly and unnecessarily enhanced by international institutions.· Working with international organizations obligates us to participate in missions that do not fit our priorities and prevents us from pursuing those that do. Playing by the rules of international institutions subordinates America’s own national interest to the assumed "collective will" of other nations, which compromises our values and objectives. · Where we can agree with international institutions, we should cooperate; but when our interests diverge, our President must ensure—as our Constitution requires—that our country’s interests come first. · There is no such thing as "international law"; without enforcement, countries break it with impunity. The United States should not feel obligated to follow rules that other countries do not. Since there is almost no international agreement on the principles which should underlie "international law" it is applied inconsistently, if at all. · Committing resources to international institutions pours good money after bad, these institutions are often dominated by nations that do not share our values and work every day to undermine the U.S. The more responsible approach is to help create ad hoc coalitions of the willing with like-minded countries who want to get something done. · Working too closely with international institutions conveys a potential image of complacency and weakness to foes who equate multilateral diplomacy with doubt and indecision. It sends the signal that the U.S. will only act in concert with others and increases the risk that they will engage in provocative behavior. Other recommended readings: Michael J. Glennon, "Why the Security Council Failed," Foreign Affairs (May/June 2003). Henry R. Nau, At Home Abroad: Identity and Power in American Foreign Policy, Cornell University Press (April 2002). Justin Vaisse,
"America and Multilateralism: Why George W. Bush is No Different," The
Brookings Institution (2001). BRING THE UN ALIVE IN 2005! A recent Courier editorial called for the US to leave the United Nations. That’s dumb, but surely both liberals and thoughtful conservatives can agree that the current UN is inadequate, and we need to move on. But move on how, exactly? Charles Krauthammer, a conservative Washington editorialist, recently suggested that the US simply "ignore" the UN and act in its own self-interest. But what is that self-interest? Humanity aspires to become an educated, democratically self-governing global community. Such a community is in our self-interest. A US-administered one-world empire, however, is not God’s gift to humanity, nor does it spell a democratic, positive future for anyone. Let’s remember a couple of facts. Fact (1)Toward the end of World War II, the US more or less created the United Nations and dictated its Charter. Fact (2)The US has the power to break the United Nations, or, conversely, to make it work. Given this power, what rationale could there possibly be for not making the UN work? If the UN isn’t working, we’re responsible. Why has the Bush administration abandoned America’s own starving child the UN Charter–instead of creatively strengthening it? We must remember a third factthe UN Charter of 1945 did not originally mandate the enforcement of international human rights as a matter of international peace and security. Human rights were under the domestic jurisdiction of States. Under the Charter, neither the US nor the UN collectively has a legal right to intervene in Iraq simply because of human rights violations. But in this omission the Charter was arguably wrongly written in 1945, and certainly it is wrongly written now, after the UN has elaborated a whole spectrum of international human rights. It is proper for the US to be concerned about human rights in dictatorial countries. The correct option, however, is to amend the UN Charter and make human rights a matter of international peace and security and thus enforceable under the jurisdiction of the UN Security Council. Then UN humanitarian intervention would be legal, no self-defense excuse would need to be invented, and people such as Saddam Hussein can be removed from power legally by the United Nations. Lacking positive US leadership at the UN, however, the Charter has now gone for almost 60 years without a substantive amendment. It is time to make amends for that neglect. The US attitude towards the UN simply needs to grow up. The UN is our child, and the UN Charter should be an evolving document for moving toward global democracy. Don’t leave the UN. Don’t ignore it. Amend the Charter. Do conservatives who urge leaving the UN also urge that we abandon the US Constitution when it needs amending? So, what next for the US? The Empire Strikes First? No! That is a slippery slope leading to the Dark Side, a path down which many ego-driven upholders of the Good have gone to perdition. Instead, both liberals and conservatives should support creating a UN based on enforceable, uniform, and democratically mandated laws spelling out universal human rights and universal balanced reductions in weapons of mass destruction. What needs to be changed? Primarily the Security Council. Full compliance with international human rights, and comprehensive arms reduction under international inspection, are no longer optional. These are matters of international peace and security and thus should be interpreted as under the binding jurisdiction of the Security Council. Basic failures in the UN must be remedied in order to move rapidly toward concerted solutions to these and other global problems. If not, the result will not be a world empire successfully under US control, but wars and terrorism and economic chaos that will not end in our lifetimes. The US must upgrade the UN framework and the respect paid by the Member States to that framework. It can do so by hosting a global UN 60th anniversary Charter Review Conference in 2005 to remedy the UN’s and the Member States’ failings. Or it can "ignore" the UN, follow stupidly conceived self-interests, and make the UN and a democratic global future along with it "irrelevant." The choice is up to both conservatives and liberals in the next election. If they really want to move the planet toward genuine global democracy, they must mandate that Bush or whoever is elected support a strengthened and better-financed United Nations. READER'S CORNER:
Prior Newsletter Reader's Corner Reviews Careers Maria Strunton (ed.), Careers in International Law: A Guide to Career Paths and Internships in International Law (Hein: 2003-2004 ed.) [paper: 89] ISBN: None given. Price: None given. After an introduction by Judge Stephan Schwebel, fomerly of the International Court of Justice, this handy guide is divided into the following parts: Part I Careers in International Law; Part II Internship Opportunities; Index, and Appendix. Each part contains essays by very prominent experts in the field of International Law, all of whom are in an ideal position to provide career advice in this particular field. Part I presents career path guidance, first via its Diverse Opportunities in International Law section: Business; Criminal Law; Government; Human Rights; Immigration; Capital Markets; Organizations; Librarianships; NGOs; Private Practice; and Teaching (among others). This primer’s next subsection is entitled Strategies. Here, several essays suggest blueprints for the pursuit of an appropriate interview, career, and educational background. Part II consists of "A to Z" Internship Opportunities in varied organizations throughout the world. The Index, although not paginated, provides a bird’s eye view of this pamphlet’s rich content. The Appendix lists other such directories on International Law opportunities, relevant government and internship directories, and selected online resources. This work is a must for one who seeks valuable and up to date guidance on the varied paths to a career in International Law. Courts & Arbitration Alan Redfern & Martin Hunter, Law and Practice of International Commercial Arbitration (3rd rev. ed. Sweet & Maxwell: 2003) [paper: 504] 0-421-86280-7. Price: GBP 49. This splendid student edition yields an inexpensive alternative to one of the leading practitioners’ guides. It could serve well as a course book in any jurisdiction because of the international subject matter. Its pages also provide serviceable insight into the varied features of international arbitration for the curious practitioner. It provides useful summaries of the main arbitral institutions, how to therein achieve cost-effective results, and facilitates viable access to prominent developments. It is suitable for both the student and the practitioner, presenting a reliable blueprint for understanding the essential building blocs for international arbitration.
As the practice before the Court evolves and expands with modern developments, so does the need for authoritative examinations of its workings and work product. This lively and scholarly treatment culminates the author’s fifteen year study, herein contributing to the Court’s procedural transparency throughout the world. It includes assessments of the Court’s procedural rules and its rich case law offerings (prior to 2003). Access to content is favorably affected by the author’s front-matter listing–with page numbers–of an extensive table of the Court’s advisory opinions, judgments and resolutions in contentious cases, provisional measures, as well as the Commission’s decisions. This early guidance further includes analyses of relevant UN Committee on Human Rights decisions, and those of various international institutions. The painstaking front matter effort also enriches this book’s access to content evinced by various tables on convention articles, Court and Commission Rules of Procedure, and other instruments and documents–again with page references. The respective book parts include: Part I on advisory jurisdiction; Part II, contentious jurisdiction; and Part III, provisional measures. The content is well-written. It is superbly documented, containing a rich vein of authority that can be mined for profit. Its analytical but personal "flow" rushes the author’s experience immediately to the surface of her outstanding assessment of the Court’s procedure.
Having quite favorably reviewed an earlier edition of Rosenne’s classic distillation on the work of the ICJ, attempting to retread that ground is no simple task–other than to compliment the current editor on maintaining the high standards associated with this latest undertaking. In the remote event that any reader is not already familiar with this long-term masterpiece, its current organization follows. The initial three chapters address "What the Court Is." This segment covers forerunners, the UN and the ICJ, and the Judges (qualifications, election process, and chambers, for example). Next, "How the Court Works" contains the next three chapters regarding Jurisdiction, actual trial, and the appropriately lengthy chapter on its cases–from Corfu Channel to the Benin and Niger Boundry Dispute case (2002-2003). Chapter 7 concludes with a contemporary assessment of the Court. No library purporting to specialize in
International Law, or to contain any significant international content,
would be complete with out this latest edition of Rosenne’s "Oscar
winning" treatment of the work of the ICJ. Individual David Martin & Kay Hailbronner (ed.), Rights and Duties of Nationals: Evolution and Prospects (Kluwer: 2003) [397] 90-411-1932-9. Price: USD 120. This book is a welcome arrival in a somewhat neglected area of legal analysis that has worldwide implications. The legal status of such individuals is a notable feature of both academic endeavor and the transnational practice of law. Dual nationality is thus expanding in a shrinking world community. Matters to be reckoned with include political and cross-border voting rights, military service expectations, loss and withdrawal of citizenship, and a host of other nationality problems in need of the authoritative guidance provided in this book. Here, one can find an abundant array of resources, succinctly packaged between two covers. The authors lively incorporate the necessary philosophical undercurrents one must have at one’s commend for bridging the potentially unforgiving gap between two worlds. This multi-authored collection of chapters, by
prominent international specialists in the world, focuses on the key
issues associated with dual nationality. It will accommodate the varying
but related needs of academics, governmental authorities, and
practitioners. Internet UN, World Public Sector Report 2005: E-Government at the Crossroads (UN: 2003) [paper: 243] 92-1-123150-7. Price: None given. This second such UN report assesses the role of governments in a world that is shifting toward an electronic environment. This is a UN report on a host of associated themes, including privacy issues and networked government operations. It is richly adorned with graphs and statistics regarding country-by-country e-government operations and aptitude. The UN’s 2000 Millennium Declaration included the ambitious agenda of its member States’ for human development and improved governance. Information and communication technology challenges the traditional methods for accumulating and distributing resources, including those in the public sector, possibly at a cost to the privacy rights of individuals. The UN’s Under Secretary-General for Economic and Social Affairs and Special Adviser to the Secretary-General for the World Summit on the Information Society thus invites a discussion of issues spawned by information technology resting more and more in the field of e-government.
Stephan Macedo (ed.), Universal Jurisdiction: National Courts and the Prosecution of Serious Crimes Under International Law (Penn: 2004) [383] 0-8122-3736-6. Price: USD 59.95. As the international community becomes more accustomed to trials of former heads of state and the work of the ICC, and more legal systems transition to democracy, one might anticipate that an increasing number of national courts will provide fora for the resolution of crimes predicated on the exercise of universal jurisdiction. This particular publication is likely to become an essential one in the analysis of jurisprudential bases for the heinous activity that such jurisdiction is bound to eradicate. A preface written by the past UN High Commissioner for Human Rights, and a brief introduction of the Princeton Principles, introduce a baker’s dozen of chapters written by prominent experts in the field. Each of these offerings covers a critical feature of the overall subject matter. They illustrate the growing support for universal jurisdiction in national legislation in a way that neatly "Threads ... the Fabric of International Law" (a chapter title). Past, present, and future seams in this fabric were skillfully woven into a well-written and edited chef-d’oeuvre. This collation of fascinating and revealing
ingredients provides a recipe for digesting the mystique, and the
confusion, surrounding universal jurisdiction–a tool for realizing the
universal dream of rendering those punishable punished for their
unspeakable atrocities. Organizations Marianne Ducasse-Rogier, The International Organization for Migration 1951-2001 (IOM: 2001) [paper: 194] 92-9068-118-7. Price: None given. The IMO, headquartered in Geneva, is the intergovernmental agency that is committed to the humane and orderly migration of individuals throughout the world. This book reflects IMO’s work on its fiftieth anniversary. It briefly chronicles its creation, the refugee situation after WWII, the ensuing search for solutions to migration and resettlement, and first emergency operation regarding 1800,00 Hungarian refugees during the 1956 uprising. This handy overview assesses the challenges and relations of the 1980s, 1990s, and current IMO activities in conflict and post-conflict societies. This useful guide to the IMO’s program(s) is a "must" have for any International Law collection, especially ones which focus on immigration and migration. Too many refugees have learned the hard way that the "free world" does not guarantee freedom from the kinds of anguish from which they escaped. These individuals and the conditions they face are IMO’s raison d’etre.
Elizabeth Chadwick, Traditional Neutrality Revisited: Law, Theory and Case Studies (Kluwer: 2002) [280] 90-411-1787-3. Price: 118 USD. There is an ample body of literature on neutrality, spawned by historical expectations in times of war (and peace). This work contributes a significant intellectual spark, because of its assessment of evolving standards that impact contemporary perceptions of the body of law associated with "neutrality"–a term with a meaning that often depends on context. Historically, neutrality was a norm available to countries at peace to remain so with belligerents, if for no other reason than to maintain trading ties with even bellicose nations. The seven chapters in this book provide a vibrant summary of the contemporary dawn of neutrality applications–the Geneva Arbitration of 1872 between the US and England. Other chapters include illustrative coverage of the Balkan Wars of the early 20th Century, German-Soviet neutrality, the role of the League of Nations, and contemporary applications involving emerging concern with national equality and human rights. This is a fascinating reader that should be incorporated into (among other disciplines) courses in International Law. It should also be required reading for all diplomatic officials.
Vojin Joksimovich, Kosovo Crisis: A Study in Foreign Policy Mismanagement (Graphics: 1999) [paper: 448] 1-882383-10-9. Price: USD 20. This work presents the non-NATO side of the modern Kosovo conflict. The author states, for example, on page 330 of the chapter entitled Early War Audit: Devastating Consequences of Fraud: "At first it should be acknowledged that the people of Kosovo, both Serbs and Albanians, did not want this conflict." Some prominent commentators add (back-cover) that "This brilliant fact-filled book exposes a Clinton/Clark phony victory and the stupidity of the Rambo-like Clinton foreign policy." (Col. David Hackworth); and: "I was amazed to watch the White House spin–attempting to justify an illegal, costly invasion of a sovereign country." (U.S. Congressman Randy Cunnningham.) Regardless of one’s perception of responsibility for the state of affairs in Kosovo, this book is a "must" read for any serious student of Balkan history and its contemporary applications. It provides provocative and detailed insight into a region of the world that too few Americans understand. It chronicles the area’s historical inheritance, separatism, Milosevic’s opportunism, the immediate pre-war Rambouillet peace accords, the 1999 bombing campaign, and lessons learned. Access to content is enhanced by the numerous illustrations contained in this riveting account of NATO’s role in Kosovo, penned by a highly educated Serbian living in the U.S. This book yields an uncommon perspective--one which provides a more complete picture, if for no other reason that the U.S. media’s all-too-often presentation of an incomplete picture of modern conflicts. As the author points out in his Introduction, for example, "Kosovo is the cradle of this civilization and the home of the Serbian kingdom and Serbian Orthodox Church ..., including the sites of 1,300 monasteries and churches. ... Kosovo [thus] is to the Serbs what Jerusalem is to the Jews...."
This is a very useful addition to the Cambridge International Documents Series. It presents 354 (numbered) documents related to the evolution of the Kosovo conflict–from 1974 to the 1999 post-conflict Council of Europe Final Communique. It further provides a very convenient dozen-page chronology of key events, something sadly lacking in most contemporary accounts of this regional hot spot. The nine chapters are organized as follows: (1) Kosovo’s Status in Yugoslavia Before 1999; (2) Developments of the Human Rights Situation; (3) Diplomatic Efforts for the Settlement of the Crisis; (4) Military Action Against Yugoslavia; (5) Settlement of the Crisis; (6) Statements by NATO Member States; (7) International Reactions to the Crisis; (8) Court Action With Regard to the Kosovo Crisis (ie, ICJ & ICTY); and (9) Implementation of the Principles for a Political Solution of the Conflict. The several-page bibliography provides references to governmental publications, books, and articles on Kosovo. One could not possibly launch a serious analysis of the Kosovo conflict without having this outstanding reference book available. It is highly recommended for all libraries with any degree of international content. Scholars, governmental officials, and international organizations would be well-advised to include it in their repertoire of necessary reading for obtaining a neutral depiction of the key events that shaped this crisis.
The end of the Cold War almost immediately sparked interest in comparisons between the Russian Federation’s Constitution and its international practice. This book analyzes Russia’s attitude toward International Law and whether that differs from that of the USSR. This segment of the presentation is set with the backdrop of how Russian treaties are now made and implemented. The author examines the role that international human rights norms were handled by both the USSR and post-Soviet Union Russia. Given the extensive incorporation of a multi-disciplinary approach, this book presents both a fascinating and authoritative snapshot of the role of International Law in Russia’s municipal legal system. The range of materials includes–but is by no means limited to–Russian legislation, cases, and scholarly depictions of its practice. The four corners of this book include: (1) The Scholarship of International Law in Russia; (2) Succession of States in the Former Soviet Union; (3) The Relation of International and Domestic Law; and (4) The "Democratization" of Russia and International Law. An extensive bibliography and table of cases provides extraordinary access to content.
Turkey enjoys a somewhat unique status: it is the only Muslim country in NATO. It is also the regional power that did not assist the US-led coalition in the 2003 Iraq war. These and other geo-political factors have spawned an intense interest in Turkey’s role in regional and global affairs. This well-written and superbly edited reader is divided into three parts: (1) Turkish Foreign Policy in a New Century–addressing relations with the US and the EU; (2) Turkey and the West–focusing on its relations with the U.S. and the E.U.; (3) Turkey and its Neighbors–relations with Arab nations, Russia, Central Asia, Greece, and Syria. Each of the dozen individually-authored analyses thus explores Turkey’s interaction with these powers. It delivers on its promise to provide far better exposure to this critical link in world political relations–in a dynamic (for better or for worse) region of the world. Turkey is thus vividly portrayed as a nation that is no longer on the outskirts of Europe. It has emerged as a significant actor in the many notable developments of the post-Cold War era.
Volume I covers the years 1999-2001. It draws upon
numerous resources to yield a lively rendition of U.S. government
activities in a host of chaptered arenas: diplomacy, jurisdiction, State
responsibility, international organization, economic law, human rights,
criminal law, non-State actors, environment, health, air law, and private
International Law. It contains documents or excerpts which are not readily
available via the routine research sources. Its superb tables of contents,
cases, statutes, treaties, and detailed Index all provide immeasurable
access to content. This book fulfills the hope of numerous academics,
practitioners, and diplomatic representatives (to name a few), that there
would be a sequel to the now defunct U.S. Department of State Digest that
chronicled U.S. practice for so many years. Fortunately, dream become
reality with the publication of this first in a hopefully long series of
like digests of U.S. practice in International Law. Tax Victor Thuronyi, Comparative Tax Law (Kluwer: 2003) [373] 90-411-9923-3. Price: USD 107.18. Rather than the usual text on U.S. applications of the Internal Revenue Code regarding international transactions, this book proves to be an excellent resources for those seeking details on the tax laws of various nations. It is not necessarily designed for the tax specialist. It takes a broad view, whereby one may obtain a bird’s eye view of a host of nations. This book presents both the common and different features of the numerous countries surveyed by this analysis. It sheds much needed light upon the reality that tax is an interdisciplinary field reflecting, for example, economic perspectives of taxing nations. Yet it also provides a resource-rich array of reference materials throughout the book, for those seeking further research details. The Index includes a country-specific basis for such research. The value of this work is that, rather than
purporting to provide some novel theory or approach, it collates material
which the Preface appropriately describes as being "scattered over a
somewhat disparate literature, much of which is not available in
English." Trade Raj Bhala, Trade, Development, and Social Justice (Carolina: 2003) [541] 0-89089-384-5. Price: USD 60. Much has been made of the term "globalization," as it conjures notions of both good and evil. This book provides an almost uniquely researched and presented guide for anyone desiring a reliable resource on this hot-button issue. Part One addresses Marxist Origins–of, among other things, the "Anti-Third World" nature of globalization cast in its negative light. The author therein describes the "Inevitable and merciless Exploitation" and "Insatiable Appetite for New Markets" of capitalist societies (Chapter 2). He examines the links between "Imperialism and Trade" (Chapter 3). Part Two covers capitalist growth models. He therein surveys, in exquisite and readable detail, the various models associated with GNP levels, purchasing power parity, and the transformation from an agricultural to an industrial surplus of labor environment. Part Three delves into the undercurrents for Organizing Trade Rules, including Islamic parallels that challenge the conventional approaches to special and differential treatment trade regimes. Parts Four Through Nine effectively assess the above model(s) in terms of GATT-based obligations that do not necessarily merge hope and reality in the areas of supposed institutional self-restraint, "mercy" arguably meted out to third-world participants–all in a social justice theory context. This particular assessment is a long overdue
analysis of how many participants view the entrenched framework for modern
international trade. For anyone seeking balance, this work is a venerable
presentation of how nations talk past each other in the supposed world
trade dialogue between the Haves and Have-Nots. Treatises Shabtai Rosenne, The Perplexities of Modern International Law (Martinus Nijhoff: 2004) [471] 90-04-13692-4. Price: None given. For those: (1) not fortunate enough to have attended the 2001 Public International Law course in The Hague, and (2) in search of one of the most reliable restatements, this is the ideal opportunity to obtain the revised, updated version of one of the most revered writers in International Law. Professor Rosenne herein exposes a rich field of valuable gems, which glitter because of their sparkling contribution to a realistic view of what modern history has done to alter norms thought sacrosanct since the dawn of the modern system of International Law. A dozen chapters thus link history and contemporary events, in a way that succinctly and authoritatively summarize the comparatively difficult task of presenting International Law between just two covers. The organization helps to unravel the core. The chapters thus address the definition of "International Law," its sources, courts and tribunals, use of force, humanitarian law and human rights, international personality, the law of sea and space, treaties, State responsibility, and the UN system. The front matter Table of Cases and closing Index both provide serviceable access to content. Any library that touts itself as a resource for International Law materials would be incomplete without this authoritative restatement penned by one of the grand masters in the field.
Professor Shaw has produced one of the premiere classroom texts on International Law, now in its fifth edition. In addition to the usual presentation of the myriad of pieces to a normally complex puzzle, his organization, style, and research have again all combined to yield a classic treatment. This edition includes new chapters on Inter-State tribunals, and international humanitarian law. He has fortunately retained the general feel of the prior edition, which is hard to improve on. The 5th edition is the best of the best since the initial appearance of this book some twenty-five years ago. It of course includes added coverage of the impact of September 11th on historical norms, many of which were three centuries in the making. The new edition is a veritable research dream,
commencing with extensive tables of cases and treaties for rapidly
accessing the book’s contents in any desired subset. Researchers in any
related field will want this hefty tool in hand for conducting any serious
research effort in International Law. A teacher who decides to use the
book should thus plan on giving a rich and detailed course, based on a
textbook with an intellectual punch matched only by its size. Publishers Contact Info • Ashgate: Ashgate Publishing Limited, Gower House, Croft Road, Aldershot, Hants GU11 3HR England. • Cambridge: Cambridge University Press, 100 Brook Hill Drive, West Nyack, NY 10994, USA. • Carolina: Carolina Academic Press, 700 Kent Street, Durham, NC 27701, USA. • Graphics: Graphics Management Press, P.O. Box 241811, Los Angeles, CA 90024, USA • Hein: William S. Hein Co., 1285 Main Street, Buffalo, NY 14209, USA. • IOM: International Organization for Migration, 17 rue des Morillons, 1211 Geneva 19, Switzerland. • Kluwer: P.O. Box 85889, 2508 CN, The Hague, The Netherlands. • Martinus Nijhoff: Brill Academic Publishers, PO Box 9000, 2300 PA Leiden, The Netherlands. • Penn: University of Pennsylvania Press Warehouse, PO Box 50370, Baltimore, MD 21211, USA. • Sweet & Maxwell: 100 Avenue Road. London NW3 3PF, UK. • UN: United Nations, New York, NY, USA. YOUR TURN: Please provide any feedback you wish and ask any questions you have. You can call, fax, or e-mail to any of the contact persons listed in the shadowed box at the top of this newsletter.
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