ASIL UN21 Interest Group NEWSLETTER - ISSUE #34: February 2006 ||| (formerly UN Interest Group and UN Decade of International Law)

Collections

Maurizio Ragazzi (Ed.), International Responsibility Today: Essays in Memory of Oscar Schachter (Martinus Nijhoff: 2005) [472] 90-04-14434-X. Price: EUR 140.

This work consists of a group of essays in memory of the late Oscar Schachter. The essays focus on international state responsibility. The contributors to the book possess twenty different nationalities, demonstrating the worldwide esteem and affection in which Mr. Schachter was held.

This collection is divided into four parts. Part one examines general issues of State responsibility; Part Two explores particular concerns of State responsibility; Part Three analyzes State responsibility and the courts; and Part Four examines responsibility of international organizations and other non-State entities. In the remote event that a reader is not familiar with Professor Schachter, the editor, Maurizio Ragazzi, provides an Editor’s Dedication, Editor’s Preface, Oscar Schachter’s Summary Biography and a Select Bibliography. Further, the editor provides a List of Contributors, Table of Cases, Table of Documents, and List of Abbreviations to assist the readers in examining the pertinent information contained within each essay.

This is a useful potpourri of delectables, which would have been of great interest to Prof. Schachter, as well as aficionados of his wide range of subject interests. Its authors are among the world’s elite.

Criminal Law

Antonio Cassese, International Criminal Law (Oxford Univ. Press: 2003) [paper: 472] 0-19-925911-9. Price: NG.

The author is the respected former judge and ICTY President, who has also made his mark as one of the premiere academic treatise authors. He relies upon his rich experiences in this study of International Criminal Law (ICL). This work is an informative and useful introduction to ICL, providing a succinct but comprehensive analysis of the principles governing crimes which fall within this category of individual conduct. His twenty-three chapters yield the fundamentals of both procedural and substantive ICL, including the significant, traditional and novel cases which have been translated from Dutch, French, German, Israeli Italian, Spanish judgments.

This work is divided into four parts. Part One provides an Introduction, including the reaction of the international community to atrocities, while presenting the fundamentals of ICL. Part Two examines substantive criminal law. Part Three covers prosecution and punishment by national courts. Part Four explores prosecution and punishment by international courts. Parts Two and Four are further divided into sections providing a more concise breakdown of the fundamental principles of ICL.

As one would expect, Judge Cassese has herein provided not only another well-organized and researched work–but also one with lasting value as an ICL teaching tool that is not of value exclusively within one region of the world.

Environmental Law

Roda Verheyen, Climate Change Damage And International Law: Prevention Duties And State Responsibility (Martinus Nijhoff: 2005) [406] 90-04-14650-4. Price: EUR 115.

This groundbreaking work focuses on climate change and its legal implications for both nations and their populations. How does International Environmental Law (IEL) assess damages arising from climate change? This complex and intriguing question is comprehensively analyzed in this well-documented treatise on whether or not IEL (1) provides sufficient protection to both developing and developed States; (2) effectively regulates climate change damage; and (3) provides a rational basis for responding when such damage occurs.

The author presents six detailed and quite logically organized chapters. Chapter One provides an overview of climate change and related damage. Chapter Two examines the problem in more detail. Chapter Three analyzes climate change damage in a Kyoto Protocol context. Chapter Four explores existing rules and approaches to prevent, minimize or restore climate change damages under both customary and treaty law. Chapter Five examines State responsibility for damage to earth’s climate. Chapter Six explores the challenge ahead, by assessing various solutions to a problem that will no doubt outweigh the impact of traditional war–our war on the environment.

This text would be an excellent addition to all general purpose International Law collections, and a must for specialized collections dealing with the environment.

Humanitarian Intervention

Carin Laurin (ed.), Baltic Yearbook of International Law: Volume 5, 2005 (Martinus Nijhoff: 2005) [383] 90-04-14788-8. Price: EUR 275.

The Baltic Yearbook of International Law is an annual publication with contributions on topical issues in International Law as they affect Baltic region. Per the Baltic Yearbook tradition, the focus of this volume is the global balance power changes exhibited by the use of force in international relations. This volume contains articles which examine issues related to the use of force, including an insightful examination of humanitarian intervention.

There are special theme articles relating to humanitarian intervention and other uses of force. It also offers some general articles about the history of International Law in the Baltic States, articles regarding sources of International Law, and book reviews and articles regarding information contained in Baltic legal journals.

Those in search of specialized regional materials, offering new insight on how they impact the world around them, should consider housing this entire set of the first five (and future) volumes in their library collections.

Nicholas Wheeler, Saving Strangers: Humanitarian Intervention in International Society (Oxford Univ. Press: reprint 2003) [336] 0-19-829621-5. Price: NG.

This fascinating perspective explores "humanitarian" recourse to war, in the context of the controversial problem of armed humanitarian intervention. It provides a comparative analysis of the leading cold war and post-cold war interventions. The author evaluates each of these interventions, explores the role of the relevant international norms, and pursues the perceived legitimacy of this category of force. The author’s compelling case studies render this a powerful analysis of the theoretical framework for humanitarian intervention.

The book is conveniently divided into three parts. Part One examines the various theories of humanitarian intervention. Part Two addresses humanitarian intervention during the Cold War. Part Three examines subsequent interventions. A list of abbreviations and refreshingly organized Index promote ease of assess the various nuggets within this book.

Saving Strangers is a notable contribution to a subject which has always spawned considerable debates that are not necessarily connected to a better understanding of this provocative subject. This category of intervention is one of the more misunderstood features within the use of force corner of the International Law forest. Thus, this work is a must addition for the teacher of a course specifically focusing on the use of force; or, one who offers the general course in International Law; and the librarian who supports such endeavors.

Human Rights

° Gail Miller, Defining Torture (Cardozo School of Law: NYC, 2005) [paper: 56+ 56 UN State Reports] Contact info: http://www.cardozo.yu.edu/floersh/index.asp

S. James Anaya, Indigenous Peoples in International LAW (Oxford University Press: 2^nd ed. 2004) [396] 0-19-517350-3. Price: NG.

This book examines the International Law implications of the national treatment of indigenous peoples. It focuses on the trends within the international system concerning the groups identified as "indigenous." This second edition expands on the general contentions of the first edition, but includes developments within various human rights programs that have occurred since the first edition appeared. The author updates the overall picture of the rights and status of indigenous people.

The book is divided into three parts. Part One examines associated developments in an historical context. It links them to the contemporary era of human rights. Part Two addresses contemporary norms which appear to govern this feature of self-determination. Part Three explores normative implementation. It assesses the impact of monitoring and complaint procedures for securing this particular basket of human rights norms. The appendix, table of principal documents, table of cases and index readily promote ease of access to content.

Human Rights professors and International Law librarians would notably contribute to the work of their respective institutions by maintaining and using copies of this vivid description of an emerging, but previously neglected, genre of human rights analysis.

Mashood A. Baderin, International Human Rights And Islamic Law (Oxford Univ. Press: 2003) [279] 0-19-926659-X. Price: NG.

This fascinating, well-written, and extensively researched study presents a quite provocative question: Are International Human Rights Law (IHRL) and Islamic Law compatible? The author’s assessment explores this query from both International Human Rights and Islamic legal perspectives.

The five chapters explore the differences, similarities, and relationship between these two bodies of law. The author concludes that it is possible to harmonize IHRL and Islamic Law, contrary to what one might suspect in the aftermath of the Denmark-Muhammed depiction controversy now raging within the world court of public opinion. Chapter One introduces this subject. It provides a very useful overview of the concept of IHRL and Islamic Law. Chapter Two examines their not so symbiotic relationship via the portrayal of their respective evolutions. Chapter Three addresses the impact of the International Covenant on Civil and Political Rights on Islamic law, and vice versa. Chapter Four addresses the International Covenant on Economic, Social, and Cultural Rights and Islamic Law. Chapter Five offers a vehicle for enhancing human rights–both domestically and regionally- via education, training, and organizational methodologies

Given the War on Terror, this is a welcome addition to the associated literature. It objectively explains its roots, evolution, and impact on a war that requires books such as this one to undo many of the misperceptions which drive the contemporary dialogue.

Linda C. Reif (ed.), The International Ombudsman Yearbook (Martinus Nijhoff: 2005) [174] 90-04-14786-1. Price: EUR 75.

The International Ombudsman Institute is a global, non-profit organization designed to promote human rights-oriented oversight of national programs. It was established by the Faculty of Law, University of Alberta, Canada.

This yearbook’s annual volume is devoted to ombudsman institutional issues. The word ombudsman is generally translated as meaning "representative." The ombudsman is traditionally appointed by the legislature. It nevertheless operates as an office which is independent of the national government. The Ombudsman investigates issues which suggest a problem in the administration of government. Contemporary ombudsman regimes typically focus on governmental human rights protection responsibilities.

This volume contains articles written with both legal and public administration perspectives in mind. Volume 7 contains eleven articles. It also carries a list of contributors and titles to the Ombudsman Journal and the International Ombudsman Yearbook from 1981-2003. This 2003 Yearbook will be of interest to lawyers, scholars, ombudsmen, and government entities. Any library specializing in human rights law will be incomplete, without this collection’s availability to human rights professionals, teachers, and researchers.

Tang Lay Lee, Statelessness, Human Rights And Gender: Irregular Migrant Workers From Burma in Thailand (Martinus Nijhoff: 2005) [285] 90-04-14648-2. Price: EUR 95.

This book explores the somewhat under-reported relationship between Statelessness and migration. The rise in irregular migration is producing new forms of Statelessness. The theoretical protection for these people is provided by customary International Law, international conventions on statelessness, refugees/migrant worker and general human rights instruments– especially for women and children. The focus of this assessment draws upon the imperative need to develop international limits on the historical State power over immigration matters.

There are eight chapters in this work. Chapter One examines statelessness and migration. Chapter Two covers global and regional laws affecting statelessness. Chapter Three explores stateless persons, refugees and irregular migrant workers, as the unprotected persons in need of a revised regime that "speaks" for them. Chapter Four addresses these groups in the context of protecting their theoretically inalienable human rights. Chapter Five examines gender discrimination and statelessness. Chapter Six focuses on Burmese workers in Thailand, specifically, the interface between domestic and International Law. Chapter Seven explores additional gendered aspects of statelessness and the irregular migrant workers. Chapter Eight provides the conclusions, designed to cope with the inadequate domestic and international protection of these minorities.

Int'l Criminal Court

Héctor Olásolo, The Triggering Procedure of The International Criminal Court (Martinus Nijhoff: 2005) [400] 90-04-14615-6. Price: EUR 145.

This book provides a comprehensive analysis of the fundamental determinations about which situations may trigger International Criminal Court (ICC) jurisdiction. The constitutive Rome Statute created a permanent ICC. Its concurrent jurisdiction–subject to the complementarity principle–covers the territory and the nationals of States Parties. It has been challenging to determine in which situations this relatively new Court will operate. The author has done a formidable job with taking the mystery out of this critical process. One might add that the first such conflict arose in the month after the book was completed. The subsequent events in Darfur bear out the conclusions reached in this vivid blueprint of the ICC’s jurisdiction.

The book has three chapters. Chapter One examines the initial approach to the Rome Statute, and the ensuing developments which shaped its evolution and potential application. Chapter Two explores the Court’s triggering procedure. Chapter Three analyzes the material prerequisites for the triggering the ICC’s still somewhat dormant jurisdiction. The table of authorities, foreword, introduction, epilogues, notes and index all combine to readily provide access to content.

Professors of International Criminal and Humanitarian Law courses would benefit from this reader, as well as librarians hoping to close this gap in the legal analysis of this international court’s powers and relationships with both member and non-member States via the UN Security Council reference procedure.

Immigration

Prakash Shah (ed.), The Challenge of Asylum to Legal Systems (Cavendish Publishing: 2005) [283] 1-85941-981-X. Price: USD 140.

This work is composed of analyses by leading experts in the field of refugee and asylum law. This examination of asylum presents global, European, and comparative perspectives. It focuses on how asylum issues and the various legal regimes for controlling them have impacted Western legal systems.

This book presents a vivid and informative introduction, and eleven individually-authored chapters. Chapter One examines asylum seekers in the new Europe. Chapter Two addresses refugees protections, in the context of immigration controls. Chapter Three critiques the EC Asylum Procedures Directive. Chapter Four addresses EC law on the family members of persons seeking or receiving international protection. Chapter Five examines whether the European welfare system for migrants is just. Chapter Six analyzes the common EU immigration and asylum policy. Chapter Seven explores detention of asylum seekers and refugees. Chapter Eight examines "Judging Asylum," in the War on Terrorism context. Chapter Nine deals with asylum appeals, which focuses on the British legal system. Chapter Ten addresses communicative barriers to the smooth functioning of norms associated with asylum. Chapter Eleven adds an assessment of Australia’s "Don’t Bother Knocking" approach to asylum seekers.

There are many facets to the War on Terror in need of critical insight. One of them is the impact that this global phenomenon has wrought for asylum seekers, after the US experience on September 11, 2001. This useful addition to the literature provides the insight that one might expect of governing institutions, and some cannon fodder, for those who would include this category of human rights problems in their courses and discourses about the integration of theory and practice.

Iraq

Armin von Bogdandy & Rüdiger Wolfrum (ed.), Max Planck Yearbook of United Nations Law, Restructuring Iraq: Possible Models Gained Under the Authority of the League of Nations and the United Nations (Martinus Nijhoff: 2005) [704] 90-04-14533-8. Price: EUR 125.

The ninth volume of this prestigious annual collection examines the prior management of post-conflict situations by the United Nations. "Post-conflict" is thus defined as the absence of traditional State organization in several scenarios. The State political infrastructure has totally disappeared; or, the conflicting parties are competing for control of the State; or, the government has to be re-established after an internal or international conflict necessitating a change in governing institutions. The management of these situations has often called upon UN resources to shore up the given society’s fundamental political and administrative functions.

This volume of the Yearbook analyzes several post-conflict situations where the United Nations has been either directly involved, has supervised the process, or has at least provided guidance to a pseudo-State. There are eight chaptered case studies by various authors on different regions in need of such assistance. The second segment of this volume addresses the cross-cutting themes associated with State-building and international administration of troubled States.

The immediate problem is Iraq. One must avoid the repetition of mistakes in prior UN-management models, and conflicts where the UN has provided varying degrees of assistance. This comprehensive display of provocative and insightful analyses combine to yield excellent cannon fodder for contemplating Iraq’s restructuring. One must hope that UN’s reform efforts will result in the acquisition of outstanding resources like this one, so that the responsible administrators can learn from these carefully considered assessments by such prominent experts in the field.

Judical Assistance

David McClean, International Co-operation in Civil And Criminal Matters (Oxford Univ. Press: 2002) [449] 0-19-826990-0. Price: NG.

This work is the second edition of International Judicial Assistance (1992). It analyzes the regime for cross-border judicial co-operation in civil and criminal matters. Although this work was written in the United Kingdom, it draws on the work of many national jurisdictions and international organizations. Its sources tend to reflect the practices within Great Britain. But they include applications from a dozen other nations and international organizations. Nation States may reflect differences in language, religion, culture, or merely a parochial sense of identity. Yet they must cooperate in the increasingly international feature of their respective exercises of national jurisdiction.

There are three parts to this work. Part One is introductory. Part Two analyzes the specifics of international co-operation in civil matters. Part Three addresses mutual assistance in criminal matters. There are also tables of cases, legislation, and treaties provided, which compliment the information presented within the book.

One can marvel at the succinct yet authoritative coverage of this general subject, which occupies multiple volumes in the form of a competitor published in the United States. This single volume is well-written, superbly organized, and documented to a degree not expected of a treatment of such a vast field in only one volume. It is a marvelous reader on a neglected subject for which practicing lawyers can now be thankful.

Organizations

Chris De Cooker (ed.), Accountability, Investigation And Due Process in International Organizations (Martinus Nijhoff: 2005) [paper: 282] 90-04-14793-4. Price: EUR 70.

This work consists of a half-dozen articles written by various experts who are fluent in the inter-workings of the internal justice system of international organizations. There have been new complaint procedures, new codes of conduct, and guidelines for organizational dispute resolution. Enforcement of these new codes has raised questions concerning procedures and due process. The papers provided in this work address the views and information which normally circulates only between administrative lawyers and investigators/prosecutors. It thus provides organizational transparency, with a view toward freedom from corruption and observance of the highest standards.

There are six chapters. Chapter One explores ethics and accountability in the international civil service. Chapter Two overviews the rules on conduct and ethics at the IMF. Chapter Three analyzes United Nations accountability, obviously in need of repair. Chapter Four examines due process, specifically, the rights of World Bank’s staff in misconduct investigations. Chapter Five addresses the challenges in applying the codes of ethics in these comparatively small professional communities. It considers WTO rules of conduct for the settlement of internal disputes. Chapter Six analyzes the relevant revisions in the OECD’s "Basic Principles, Rights and Duties."

This publication provides some rare insight into the processes that have heretofore been almost hidden from public view.

Thomas D. Zweifel, INTERNATIONAL ORGANIZATIONS & DEMOCRACY: ACCOUNTABILITY, POLITICS, AND POWER (Lynne Rienner Publishers: 2006) [paper: 58826-392-4. Price: USD 19.95.

This assessment examines the need for global cooperation, fueled in part by the author’s personally witnessing the attacks on the World Trade Center. He presents two major questions: Can international organizations represent the interests of humanity as a whole, rather than just those of a few? If they exhibit deficits in democracy, how can they be made more democratic?

The author analyzes the practice of transnational democracy across three types of international organizations: global, functional, and regional. The core assumption is that democracy is better for performance, leading to better policy outcomes than dictatorships. The international community must consider and scrutinize the democracy, or lack of it, which forms the culture of the selected international organizations. Do they have, for example, policy-making that is governed by formal and informal democratic norms? If not, why not?

Chapter One explores a new blueprint for organizational democracy. Chapter Two presents a brief history of international organization. Chapter Three examines the United Nations. Chapter Four examines the World Bank. Chapter Five examines the International Monetary Fund. Chapter Six examines the World Trade Organization. Chapter Seven examines the European Union. Chapter Eight explores the Organization of African Unity and African Union. Chapter Nine discusses other regional organizations, including NAFTA, NATO, and ASEAN. Chapter Ten poses the intriguing possibility of global citizenship. A table summarizes a democracy index for the organizations mentioned in Chapters Three through Nine.

Dan Sarooshi, International Organizations And Their Exercise of Sovereign Powers (Oxford Univ. Press: 2005) [151] 0-19-928325-7. Price: NG.

This book analyzes the growing challenge of international organizations regarding their exercise of sovereign powers. It focuses on the challenges of organizations such as the United Nations, the World Trade Organization, and European Union. The author scrutinizes the power relationships between international organizations and their Member States.

Chapter One examines international organizations as fora within which to contest sovereignty. Chapter Two explores the process by which States confer power on international organizations. Chapter Three analyzes the State conferral of power on international organizations. Chapter Four examines agency relationships between States and international organizations. Chapter Five explores the delegation of power to international organizations. Chapter Six analyzes the specific process of power transfer to an international organizations. Chapter Seven explores the measures that a state can take against an international organization, on which it has conferred powers.

In an era of operations in locations like Kosovo and Darfur, one who is well-versed in the law of organizations, and International Law generally, should have this handy primer available for both reference and insight into the evolving relationships between these two key actors on the international stage.

José Alvarez, International Organizations as Law-makers (Oxford Univ. Press: 2005) [660] 0-19-876562-2. Price: NG.

This comprehensive work explores how organizations such as the UN and WTO, have impacted and changed the mechanisms for making, implementing, and enforcing International Law. The author, currently President of the American Society of International Law, examines how international organizations impact evolving legal conundrums via day-to-day applications. He assesses how they interpret institutional law, engage in multilateral treaty-making, and have expanded institutionalized dispute resolution mechanisms.

This assessment is organized into three parts. Part One examines the essentials of international institutional law. Part Two addresses multilateral treaty-making. Part Three explores institutionalized dispute settlement. The final chapter of the book considers the promise and perils associated with how these institutions making new kinds of "soft" and "hard" law. The table of cases, table of conventions, and list of abbreviations provide convenient access to context.

Although one of the longer book-length assessments in the field of international organization, this book vividly portrays its content at a fast-moving pace. It is ideally organized and exhaustively documented. It unfolds and moves along in a way that will be appreciated by both novice and expert alike. No library containing an international collection would be complete without this excellent contribution to the literature, in a field that was somewhat murky–until now.

Rosemary Foot, S. Neil MacFarlane, & Michael Mastanduno (ed.), Us Hegemony And International Organizations (Oxford Univ. Press: 2003) [paper: 296] 0-19-926143-1. Price: NG.

This collection of individually-authored articles joins a broad range of scholars in their joint examination of an essential feature of contemporary international relations: the relationship of the US and several major multilateral organizations. This provocative and well-organized study assesses US behavior in, and toward, significant international institutions. It addresses the impact of US behavior on the capacity of international organizations (IO)–both regional and global–to accomplish their own objectives. This work focuses on this matter, primarily since the 1990s. Each author, however, does report the findings in a broader historical context.

Part I provides general perspectives on the relationship between the US and IOs. Part II continues this endeavor, in the context of specific organizations, including the UN Security Council, World Bank, IMF, and the GATT/WTO. Part III focuses on the US and regional organizations in Africa, Asia, Europe, and the Americas.

There is a near-raging global concern with how the lone superpower is behaving in international relations. This book thus yields timely cannon fodder on the degree of US hegemony, specifically in the IO context. It is a fabulous resource for international classes, seminars, and colloquia. No library, housing any form of international legal collection, would be complete without this well-written and documented account. A number of highly qualified commentators weight in with their varied insights, on an increasingly sensitive controversy.

Sources

Luc Reydams, Universal Jurisdiction: International And Municipal Legal Perspectives (Oxford University Press: 2003) [258] 0-19-925162-2. Price: NG.

Universal jurisdiction has become an increasingly important legal weapon in the national and international war on violations of international human rights and humanitarian law. This work examines two questions raised by the exercise of universal jurisdiction. First, under what conditions may, and should, a country investigate and prosecute a foreigner for an extraterritorial offence which at least theoretically triggers universal jurisdiction? Second, what is the recognized basis in municipal law for the exercise of this brand of jurisdiction?

The author begins his examination by identifying the international legal issues spawned by a State exercise of extraterritorial jurisdiction. Next, the author presents varied applications of universal jurisdiction in fourteen countries. This task is thus organized into two parts. Part I generally examines universal jurisdiction in international law. It analyzes the framework, doctrine, and scope of various international texts. Chapter 3, beginning at page 43, presents specific textual provisions in selected State laws, coupled with the author’s reactions and legal analysis. Part Two explores universal jurisdiction in municipal law contexts. The author starts with a fresh introduction to this Part of the book. He then undertakes specific discussions about the universal jurisdiction-oriented regime in each of the fourteen countries.

This feature of the book singles it out as one which is being remarkably practical and ideal for lawyers and academics alike. One may thereby glean the essential perspectives, for applying the previously murky tenets of universal jurisdiction, in the contemporary context of actual State law restatements of the varied machinations of this most curious of the five ICJ Statute Article 38.1 sources for exercising jurisdiction regarding acts beyond a nation’s geographical limits.

Ronald St. John MacDonald & Douglas Johnston (ed.), Towards World Constitutionalism: Issues in The Legal Ordering of The World Community (Martinus Nijhoff: 2005) [968] 90-04-14612-1. Price: EUR 235.

This collection of thirty-three individually-authored articles, by leading scholars from all parts of the globe, assesses the contemporary debate about the degree to which the international community is actually bound by its constitutive documents. The attack has come from influential voices in all nations. The editors have collated a refreshingly balanced but cutting edge endeavor, via contributors with varied points of view. The authors, however, are by no means neutral in this debate–a feature that promotes interest and diversity of perspective in this sizeable volume.

It is divided into six parts. Part 1 analyzes the relevant foundations of the international legal community. Part 2 examines both uniformity and diversity in applications of International Law. Part 3 explores geopolitics, values, and the clash of civilizations. Part 4 addresses the historical development of international legal institutions. Part 5 analyzes confrontations with established principles of International Law. Part 6 addresses the mix of idealism and International Law under stress.

The editorial dream–assembling a large group of contributors, each producing a well-written and researched perspective on a valuable joint product–has been clearly realized in this publication. Freshly produced articles and books in the field of International Law tend to be rather specialized. The editors have herein produced a literary gem. It combines specialized analyses, in a volume that serves the international community of scholars and diplomats, with completeness of coverage on the general issue of the potential for a world actually governed by the same constitutive regime.

Terrorism

Diego Gambetta (ed.), Making Sense of Suicide Missions (Oxford Univ. Press: 2005) [378] 0-19-927699-4. Price: NG.

This compelling expose examines suicide attacks in various regions of the world. Throughout history, there have been approximately thirty major organizations around the world– both secular and affiliated with radical Islam–which have carried out more than 500 major suicide missions spawning regional and global attention. The book is among the unfortunately all-too-few to present a full and systematic approach to organized suicide missions.

Attempting to make sense of such missions, the author has fused solid, wide-ranging, and empirical evidence to identify the theoretical questions–now in need of answers, more than ever. The motivational pattern includes the general conditions in which suicide missions emerge, as opposed to the tendency of world leaders to focus on effect rather than cause.

The first of eight individually authored chapters discusses the WWII Kamikaze from 1943 to 1945. Chapter 2 explores the Sri Lankan Tamil Tigers from 1987 to 2002. Chapter 3 addresses the Palestinians from 1981-2003. Chapter Four examines Al-Qaeda and the attack of September 11, 2001. Chapter 5 examines the related notion of dying without killing–the self-immolations from 1963-2002. Chapter 6 analyzes the converse–killing without dying, as by the IRA, ETA, etc. Chapter 7 explores the specific motivations and beliefs behind suicide missions. Chapter 8 presents the key question of whether and how one might make sense of suicide missions. The lists of tables and figures contain very useful illustrations of the various themes covered in this book. The respective authors’ comprehensive notes and bibliographic references all provide ready access to content.

Anyone who teaches, writes about, or is generally interested in this all-too-often ignored feature of the War on Terrorism must obtain this vividly portrayed bastion of insightful analyses–or otherwise continue to have an incomplete picture of the forces which drive contemporary suicide missions.

Third World

Balakrishnan Rajagopal, International Law from Below: Development, Social Movements and Third World Resistance (Cambridge University Press: 2003) [343] 0-521-01671-1. Price: USD 32.99.

This work assesses the evolution of International Law from the perspective of Third World twentieth-century social movements. It focuses on applications in two arenas: human rights, and the work of related international institutions.

The book is divided into four parts. Part I examines International Law, its development, and Third World resistance. Part II continues this analysis, in the context of an "institutionalization" of development. Part Three explores decolonization in terms of human rights and the challenge of related social movements. The Part IV epilogue contains a unifying critique of the Third World influence on mainstream International Law.

In addition to the back cover display of prominent endorsements, one should add that this publication provides a significant intellectual spark for those in search of critical insight into a somewhat neglected topic of academic discourse. This well written, and exhaustively researched, resource is a must for all teachers and librarians whose role is to ensure completeness of coverage in their respective domains.

Trade

Petros C. Mavroidis, The General Agreement on Tariffs and Trade: a Commentary (Oxford Univ. Press: 2005) [383] 0-19-927813-X. Price: NG.

The author provides a detailed explanation of the General Agreement on Tariffs and Trade (GATT) legal provisions. Since the creation of the WTO (1995), the GATT (1947-) remains a central document in international trade law. Many of its provisions are referenced to, and incorporated in, the WTO agreements. The author’s examination of case law vividly applies this primary legal instrument in a succinct but comprehensive style. The essential text of the GATT and WTO Agreements are conveniently set forth in Appendices 1 and 2.

This commentary is divided into four parts, discussing the core GATT rules and exceptions. This author presents a personal and authoritative guide to the GATT, based upon his experience within the GATT legal service.

The vivid analyses within GATT Commentary–of sovereignty issues, enforcement devices, transparency, and protectionism, to name a few–combine to yield a refreshingly provocative and informative illustration of GATT basics. Teachers and librarians with curricular interests in GATT/WTO must include this compact expose in their personal and institutional collection of course supplements. Acquiring this compact nugget would also be a wise investment for both novice and seasoned practitioners.

Treatises/Casebooks

Bismal N. Patel (ed.), India and International Law (Martinus Nijhoff: 2005) [379] 90-04-14519-2. Price: EUR 125.

This collection of sixteen individually-authored essays by prominent scholars presents an in-depth analysis of India’s role in the international community. This volume is a valuable reference tool for one seeking practical insight into India’s contributions. It’s respective essays provide pristine analyses of relevant constitutional provisions, WTO, human rights, international criminal law, environmental, outer space, and arbitration/enforcement themes.

In an era when globally-oriented perspectives are more important than ever, this collection yields useful insights, on some major international issues of the day. These are premised upon one of the oldest nation’s newest perspectives. This volume would be an ideal addition to both personal and institutional libraries, concerned with providing the best resources in comparative and regional international legal analysis.

Sarah Joseph, Jenny Schultz, & Melissa Castan, The International Covenant on Civil And Political Rights: Case, Materials, And Commentary (Oxford Univ. Press: 2^nd ed. 2004) [985] 0-19-925807-4. Price: NG.

This updated edition includes the HRC’s jurisprudence through October 1, 2003–the primary difference between the first and second edition. This edition continues the debate concerning the universal nature of human rights. It focuses on the Human Rights Committee’s interpreting, applying, and disseminating the provisions of the International Covenant on Civil and Political Rights (ICCPR). The authors provide informative and evaluative dissections of the work of the Committee in the discharge of its responsibilities. Its exhaustively researched and collated country analyses provide a useful backdrop for the current debate about the Committee’s effectiveness, and the new Council designed as its contemporary substitute.

This work is divided into four parts. Part I contains a practical overview of the human rights terrain in this sizeable volume. Part II analyzes the admissibility of claimed violations under the ICCPR. Part III addresses civil and political rights. Part IV examines reservations and other national limitations on the execution of various ICCPR commands. The tables of cases, treaties, and comments of the various committees dealings, combine to provide rapid access to perhaps the richest content that the most demanding of teachers could hope for.

Antonio Cassese, International Law (Oxford University Press: 2^nd ed. 2005) [558] 0-19-925939-9. Price: NG.

The Second Edition, by a world- renowned author who needs no introduction, provides yet another comprehensive guide to the subject of International Law that is fully revised and updated. The author provides a new chapter on terrorism and extensive revisions in the area of State responsibility. The list of principal abbreviations and tables of cases, international tribunal statutes, national legislation, and international instruments promote ease of access to content.

His refreshing approach yields a well written and superbly documented reader. It is quite suitable for undergraduate and postgraduate courses, wherein the professor does not wish to use any original case materials, per the typical law school genre of casebook. It conveniently collates and organizes materials in a manner that displays the necessary sensitivity to political and economic considerations. The author further compares traditional legal positions with contemporary international legal developments.

Donald K. Anton, Penelope Mathew & Wayne Morgan, International Law: Cases and Materials (Oxford Univ. Press: 2005) [995] 0-19-551648-6. Price: NG.

This textbook focuses on Australian perspectives on international legal affairs. It provides all the relevant international materials for Australian students international lawyers in search of relevant materials. Chapter 1 explores the scope of this system and its actors. Chapter 2 focuses on dispute settlement, sources of law, and State responsibility. Chapter 3 covers treaties. Chapter 4 examines the relationship between the respective international municipal legal regimes. Chapter 5 discusses the use of force. Chapter 6 discusses international trade law. Chapter 7 focuses on human rights. Chapter 8 concludes with the foundations, development, and principles of international environmental law. Its detailed tables of cases, international instruments, statutes can be used to quickly access the content of this sizeable casebook.

This work emphasizes Australian perspectives, joined by many of the prominent international resources. It is particularly valuable as a convenient source of the local pedagogy regarding the teaching of International Law, supported with a rich array of external materials. Its superior organization adds to the conclusion that this coursebook is suitable for most high unit-value courses in International Law.

Jack L. Goldsmith & Eric A. Posner, The Limits of International Law (Oxford Univ. Press: 2005) [262] 0-19-516839-9. Price: NG.

This work presents the perennial question a lB Henkin: How much effect does International Law really have on how nations behave? The authors offer thought-provoking answers in this powerful expose on rational choice theory. This controversial book refreshingly cuts against grain, in terms of the insistence that international legal obligations are equal parts of coincidence and the rational self-interest–nothing more. The authors thus explore political methodology, thus contributing to the debate about the real impact of International Law on State conduct.

The book is divided into three parts. Part 1 examines Customary International Law (CIL). It delves into a vivid restatement of CIL) and case studies to demonstrate application. Part 2 explores treaties. It too addresses theory, in the nature of treaty, human rights, and trade connections. Part 3 analyzes the relationship between rhetoric, morality, and law. It links perceived gaps between rhetoric and moral dilemmas, focusing on liberal democracies.

In an era of Google, listservs, and database cyberclips, this work is a refreshing addition to the scant book-length literature on the limits that critics manage to ignore or minimize in their assessments of the utility of International Law. Including this succinct but comprehensive analysis suggests its inclusion as an outstanding addition to seminar reading or IL courses. Where the professor has the luxury of assigning high-quality supplements such as this one, be prepared for it to steal the show.

Ian Brownlie, Principles of Public International Law (Oxford Univ. Press: 6^th ed. 2003) [742] 0-19-926071-0. Price: NG.

The Sixth Edition provides significant revisions and updates, appearing (as ususal) to cover all changes in the field of Public International Law (PIL) since the earlier 1998 edition. This authoritative work includes a notable amount of new material on international criminal justice and the use of force, and coverage of the environment. This edition has maintained its clarity, structure, detailed referencing, and specific analysis. Given its pre-eminence in the academic world, it continues to be "the" source for students, scholars, and practitioners alike–having been reviewed in these pages, more than any other book during the life of this newsletter (1992-present).

Professor Brownlie’s treatise presents thirty-three chapters, organized into thirteen parts. Part I examines the usual introductory topics. Part II discusses personality and recognition. Part III explores the ever-blurring concept of territorial sovereignty. Part IV discusses the law of the sea. Part V addresses the common amenities and co-operation in the use of resources. Part VI discusses State jurisdiction. Part VII analyzes the nationality of individuals and corporations. Part VIII examines the law of State responsibility. Part IX discusses the protection of individuals and groups. Part X explores international transactions. Part XI analyzes the transmission of rights and duties. Part XII examines international organizations and tribunals. Part XIII examines the use of force by states.

Professor Brownlie’s lively writing style, superb organization, and extensive research and documentation combine to make this sizeable volume perhaps the leading treatise for students, professors, and practitioners in need of a comprehensive restatement of the basic tenets of PIL.

United Nations

Courtney Smith, Politics and Process at the United Nations: the Global Dance (Lynne Rienner: 2006) [329] 1-58826-348-7. Price:USD 23.50.

This primer examines the written and unwritten rules of political process within the United Nations. The author provides intricate details regarding consensus-building mechanisms and procedures, designed to make this body’s politics more transparent. This comprehensive guide to UN process provides a succinct but authoritative expose that is refreshingly informative. This work is divided into three parts. Part 1 explores the organizational actors. Part 2 examines the evolution of their characters via its spotlight on process and procedure. Part 3 analyzes the implications of the dance.

Given the intense contemporary interest in UN reform, professors, diplomats, and practitioners involved in the UN process would benefit from this well-written and resource-rich reader–which gives new meaning to stepping back from the trees to see the forest.

Nassrine Azimi & Chang Li Lin (ed.), United Nations as Peacekeeper And Nation-builder: Continuity And Change–what Lies Ahead? (Martinus Nijhoff: 2006) [250] 90-04-14826-4. Price: EUR 115.

This useful contribution to the literature on UN administration and reform addresses fundamental questions in the wake of the Iraq War. This publication would be a valuable addition to the collections of those interested in the future role of the United Nation’s in general, and specifically, peacekeeping/post-conflict State-building. Certain contributors were directly involved with multilateral or unilateral peace operations. Each is an eminent scholar or practitioner in the field. They assembled for the 2005 Hiroshima Conference regarding the UN’s future role as peacekeeper/nation-builder.

This volume is divided into seven parts. Part 1 contains the introductory remarks and keynote addresses. Part 2 examines the contemporary environment, which poses so many obstacles to securing peace. Part 3 reviews of past practice, including lessons learned from past UN efforts. Part 4 examines the new trends in peace operations. Part 5 presents perspectives for a United Nation Modus Operandi in the 21^st century. Part 6 analyzes the perennial question of the future of the United Nations. The Part 7 Annex contains various original materials including the 2005 UN High Level Report.