ASIL American Society of International Law

Newsletter
UN21 Interest Group

formerly
United Nations Decade of International Law

ISSUE #35: June 2006

In This Issue:

Contacts:
Chair & Editor:    Itzchak E. Kornfeld
      Esquire
      Philadelphia, PA
      - telephone: (215) 990-9215
      - e-mail: Oasyses@aol.com
Vice Chair:            Martha Trofimenko, Barrister and Solicitor ASIL Admin:         Dr. Charlotte Ku, Exec. Dir. ASIL
      - e-mail: cku@asil.org
      - telephone: (202) 939-6000
      - facsimile: (202) 797-7133
URL: http://www.lawschool.cornell.edu/lawlibrary/asil/
Listserv: http://groups.yahoo.com/group/un21/


Note: We use page numbers only for PDF version of the Newsletter.
Next Newsletter: Fall '06

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MESSAGE FROM THE CHAIR:

Greeting all:

My name is Itzchak (pronounced Itzaak) E. Kornfeld, and I have the privilege of chairing the ASIL’s UN21 Interest Group for the next three years.

As an initial matter please join me in thanking Professor Bill Slomanson for his leadership, administration, tenure and efforts as Chair of the IG. He has done a wonderful job and has set our interest group on an excellent course. Like you, I am fortunate that Bill is not exiting the scene completely. I also thank Vice Chair Martha Trofimenko, who has agreed to continue as Vice Chair, for her efforts, time and leadership. Given her experience with the Society she will be able to assist us all in moving our IG forward in an efficient manner.

MY PLANS for the next Year: I have two (2) main goals for our UN21 group, through April of 2007.

The first of these is to have a panel seated at the ASIL’s 101st Annual Meeting. My working title for the session is: “UN21: A Reformists Agenda for International Law and the United Nations.” Our distinguished co-member, His Excellency, Ambassador Hans Corell has agreed to be a member of the panel. I am in the process of contacting other potential panelists. Please send me your recommendations of those who you believe have something to say about the proposed topic.

My second goal is to hold a conference in New York City with regards to UN reform in Africa. The topics I propose to you for that 1 or 2 day conference is the African Genocides; the UN Millennium Development Goals; the Impact of Public International Law in Africa; and Human Rights in Africa. I would like to have other ASIL Interest Groups join us in co-sponsoring the conference. To that end I have been in contact with the Chairs of the Environmental Law IG and the Africa IG. At this juncture I believe that late October or early November might be a good time to hold the conference.

No goal is met by the efforts of one or two people. Please join me in making our IG one which opens the doors to new ideas and scholarship.

Please contact me to say hello but especially to direct or advise me. Thanks so much for allowing me to serve you. Won’t you join me in serving our IG and the ASIL?

Best wishes for a wonderful summer.

Sincerely yours,
Itzchak E. Kornfeld, oasyses@aol.com
215.990.9215


UN DECADE OBJECTIVES/MODIFICATION

The following is the original section mission statement, which we decided to include in each issue:  *

Each Newsletter issue carries a restatement of the essential goals of the United Nations Decade of International Law (1990-1999). New members, and seasoned ones as well, can readily articulate the reason for our existence. The four essential objectives of the Decade are:

  • Promoting knowledge 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 scholarship about International Law.

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

The following revision was included in the periodic UN21 Redesignation Report I just submitted to the ASIL Executive Council, with the helpful suggestions of Lilian del Castillo (Buenos Aires). Her suggested changes are indicated by strikeouts and red coloring, which I hope all of your computer systems can "read:"

  • Promoting acceptance knowledge 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 scholarship about International Law.

And from David Wylie:
"I would suggest changing the -ing words to simple verbs: promote and encourage instead of promoting and encouraging. Also, add: "Develop accountable enforcement powers for international law." The point here is that law is nothing when not enforceable - not real and not credible. Enforcement requires power (e.g., the power to inspect both U.S. and Iranian weapons facilities). It is not safe to delegate power unless it is accountable. Creating accountability is the greatest challenge to advocates of international law.

And from Peter Weiss:
"In these dark days, when international law has fallen on hard times, our mission should not be simply to study and analyze international law, but to promote it and keep it from falling into disuse."

Editor's Note:
Could we continue this dicussion on our listserv?
The address is ASIL_UN21IG@lists.asil.org.


UN21 BUSINESS MEETING/PRESENTATION 

A number of UN21 members attended the Friday, March 31, 7:45 AM, in the conference hotel. The agenda provided the new chair, Itzchak E. Kornfeld, the opportunity to address UN21 members regarding his new tenure–focusing on UN Reform. The UN’s own High-Level Panel Report, Oil-for-Food scandal, and continuing on UN dues arrearage all indicate that reform must be seriously considered, more so now, than at any time in the organization’s existence.

He them announced his plan to propose a panel for next year’s ASIL Annual Meeting in Washington, D.C. (See above Message from the Chair.)


PROJECT MENTORING HOPE REPORT

This continuing project is headed by UN21 member Bill Slomanson, in conjunction with Vjosa Osmani (Mitrovica, Kosovo). They have worked together for several years to provide out-of-area mentors to volunteer their time to work with Balkans law students. This program has resulted in the exchange of ideas, and editorial suggestions for student papers and related projects. Our UN21 Mentoring Hope Project webpage is at http://home.att.net/~slomansonb/MentoringHope.html. Please visit that page, read the more detailed project description, and then advise Bill if you can help. Vjosa will link you with a law student in the Balkans. Most of these have been students, from various nations in the region, who have taken Bill's Pristina University summer course in Public International Law.


FINANCIAL REPORT

Our current UN21 balance is $5,193.00, as of the last ASIL report to the section chair.

The ASIL's new program this year permits the general ASIL membership to join as many sections as they wish, but without further individual charges. There is a fee which ASIL charges each interest group, per individual member, which ASIL annually deducts from our account. If ASIL continues to do so, then that fee will draw down our balance by a small amount each year.

As a reminder, I requested, and members confirmed, UN21's annual subscription to one volume of the AJIL which will be sent to the American Centre at the National Library in Kosovo. That is the location where our AJIL donations are now housed. The cost now runs about $180.00 per year. ASIL will mail them to Bill Slomanson, starting with the 2005 volume. He will then mail them to the US Department of State in Washington, where they are then sent via diplomatic pouch to Pristina.

We thus have money for some worthy future project, to be determined by the UN21 membership.


UN21 AWARD

In the last two issues of this Newsletter, the former Chair proposed that UN21 establish an award. The purpose would be to attract further attention to our work. A nominating committee could be formed, for the purpose of determining who, what, and how to establish this award.

Members, and the new chair, might review this method for bringing more attention to our work. Each year for the last several, for example, the Women and International Law group has done so. CNN covered the luncheon speaker's presentation two years ago (re her experiences in Darfur).


READER'S CORNER:

Casebooks Environmental Law Force
Human Rights Individual Organizations
States Territories Treaties
Treatises   Publishers Contact Info

Prior Newsletter Reader's Corner Reviews

Notes: "Bullet" entries signified by the symbol " ° " indicate those books which publishers forwarded to the Editor, or otherwise came to his attention, which were not reviewed but merited special mention. (Alternatively, not reviewd because a books with similar theme had been recently reviewed in this Newsletter.) These entries are included at the end of each relevant subsections in this Reader's Corner compilation. Price: EUR = Euro; GBP = Pounds; USD = US Dollars.

Format: Book titles are listed alphabetically, rather than the conventional alphabetical listing by author. The number contained with the symbol "[      ]" provides the number of book pages. The number appearing at the end of each entry is the book's ISBN.


Casebooks

 ° F. Martin, et al., International Human Rights & Humanitarian Law: Treaties, Cases, & Analysis (Cambridge: 2006) [990] 0-521-85886-0. Price: 95 USD.

This casebook introduces law students to the key international legal instruments and case law for the overlapping subjects of human rights and international humanitarian law. It succinctly presents the relevant history and contemporary enforcement mechanisms. The well-conceived questions and comments sections facilitate critical analysis of the subtopics within these entwined subjects.

The coursebook is divided into six parts, accompanied by a table of selected authorities, preface, and index. Part one provides an overview of international human rights and humanitarian law development and their protection mechanisms. Part two analyzes formal sources and principles of international human rights and humanitarian law. Part three addresses the incorporation of international human rights and humanitarian law into U.S. Law. Part four examines international human rights tribunal procedure and remedies. Part five explores substantive international human rights and humanitarian law protections. Part six provides additional theory and critique.

This coursebook is a fabulous collage of original source materials, sprinkled with related judicial applications–all of which combine to provide a most suitable treatment of the use of force, and its relation to evolving human rights problems.

 ° A. Zimmermann, et al., (ed.), The Statute Of The International Court Of Justice: A Commentary (Oxford: 2006) [1577] 0-19-926177-6. Price: none given.

This outstanding contribution to the literature about the ICJ is a commentary on each provision of the Statute of The International Court of Justice and Rules of Court. It further offers insights on the relevant articles in the Charter of the United Nations. It yields a plethora of information, ranging from a general, and quite useful, introduction–which precedes its discussions of the Statute and related Charter provisions.

The Commentary is divided into three parts. Part one consists of the necessary introductions. Part two examines the relevant provisions of the UN Charter. Part three–the bulk of this multiple-author analysis–dissects the ICJ Statute. The reader is ably assisted by a most welcome list of abbreviations, authors, general bibliography, table of cases, two appendices, and a comprehensive index–all of which enhance access to content.

This Commentary is a "must" purchase for all public and private collections purporting to offer comprehensive coverage of the ICJ Statute. It is a fabulous contribution to the growing genre of literature serving up a multi-course menu which will satisfy the most demanding of researchers, practitioners, librarians, and academics. It presents an exceedingly rich digest of the Statute and its varied applications.

Environmental Law

 ° Ulrich Beyerlin, Peter-Tobias Stoll, & Rüdiger Wolfrum (eds.), Ensuring Compliance With Multilateral Environmental Agreements: A Dialogue Between Practitioners And Academia (Martinus Nijhoff: 2006) [393] 90-04-14617-2. Price: 196 USD.

This collection of articles explores environmental compliance mechanisms for a host of new and existing environmental regimes. Although there are a variety of such mechanisms, little is known about their actual function in practice. The editors' organizing theme posits that enforcement mechanisms cannot be the product of traditional dispute settlement devices. They must be, instead, founded upon partnership and cooperation via approaches ranging from supportive measures to coercive power. The editors thereby stress the role of non-governmental organizations in accomplishing agreed-upon objectives.

The articles in this multiple-author text include: Enforcement Mechanisms in International Law and International Environmental Law; Compliance with the Multilateral Environmental Agreements to Protect the Ozone Layer; Practice of the Implementation Committee under the Convention on long-range Transboundary Air Pollution; The Framework Convention on Climate Change and the Kyoto Protocol; Ensuring Compliance with the Basel Convention; Remarks about the Cites Compliance Regime; OSPAR Convention on the Protection of the Marine Environment of the North-East Atlantic; Compliance with the 1992 Convention on the Protection of the Environment of the Baltic Sea Area; Compliance Control in International Conventions on the Protection of the Marine Environment against Oil Pollution; Practice of Compliance Control with the Framework of the Protection of Marine Living Resources; Comment on the Compliance Control Mechanism within the Framework of the International Whaling Convention; Cross-cutting Issues Related to Ensuring Compliance with MEAs; Reporting Obligations and Assessment of Reports; Ensuring Compliance with Multilateral Environmental Agreements–Systems of Inspection and External Monitoring; Sanctions in Case of Non-Compliance and State Responsibility: pacta sunt servanda; Technical and Financial Assistance and Compliance: the Interplay; Financial and Other Incentives for Complying with MEA Obligations; The Role of NGOs in the Process of Ensuring Compliance with MEAs; Non-compliance and Dispute Settlement; and Conclusions drawn from the Conference on Ensuring Compliance with MEAs.

International practitioners, scholars, and their libraries will all benefit from this well-conceived collection of analyses of how to move environmental compliance from paper to reality. This work product effectively presents a practitioner-scholar literary composition, set in a most intriguing dialogue–with lessons reaching beyond the supposed disconnect between theory and practice.

 ° P. Sands, Principles Of International Environmental Law (2d ed Cambridge: 2003) [paper: 1116] 0-521-52106-8. Price: 70 USD.

This leading textbook in international environmental law addresses important new topics such as the Kyoto Protocol, genetically modified organisms, foreign investment, and environmental protection. It is a remarkably comprehensive and authoritative edition that thoroughly discusses international principles, the essentials relating to environmental protection, and the conservation of natural resources. Its updates address subsequent developments associated with the 1992 Rio Conference and 2002 Johannesburg Conference.

This well-written, organized, and superbly documented publication is divided into three parts. Part one addresses the legal and institutional framework for the contemporary environmental regime. It assesses the issues, concepts, definitions, history, and governance exhibited by States, international organizations, and non-state actors. It thus covers international law-making and regulation, and various compliance features. Part two analyzes the principles and the status of rules establishing standards. This segment of the book intelligently includes environmental principles impacting the areas of human rights, and armed conflict, the atmosphere, oceans, and seas–plus freshwater resources, biological diversity, hazardous substances and activities, waste, the polar regions, and European Community environmental law. Part three examines techniques for implementing the referenced international principles and rules, including the viability of environmental impact assessments, liability for environmental damage, and the environment's impact upon international trade and competition, financial resources, technology and intellectual property, as well as foreign investment. The author's table of cases, table of treaties and other international instruments, list of abbreviations, and index combine to provide quick access to content.

No environmental collection could begin, or be complete, without this refreshing update on Prof. Sands' groundbreaking work in his endeavor to merge rules/norms with practical applications. This book will be an outstanding reader for accompanying the law school casebook, and for undergraduate (and law school) professors seeking reliable guidance on the sources of environmental law, the key institutions, and the relationship between principles and practice.

 ° G. Betlem & E. Brans (ed.), Environmental Liability In The EU: The 2004 Directive Compared With US And Member State Law (Cameron May: 2006) [431] 1-905017-19-7. Price: none given.

This work is a collection of conference papers presented the University of Exeter in September 2003. They address the framework of the European Commission-funded research Project ERMITE–Environmental Regulation of Mine Waters in the European Union. The editors have fortunately included the central Commission Proposal and the Explanatory Memorandum, as evidence of the evolution of the EU's Environmental Liability Directive as legislative history.

The twelve chapters by regional experts include the following: Chapter one addresses a succinct but authoritative introduction to environmental liability in the EU. Chapter two examines the basic environmental liability directive 2004/35/EC. Chapter three explores the quest for environmental law equilibrium. Chapter four analyzes the essential principles including polluter pays, and the precautionary principle basis for liability. Chapter five addresses the German theme of Locus Standi, and remediation duties under the Soil Protection Act, the Environmental Liability Act, and the draft Environmental Code. Chapter six examines the "Europeanization" of contaminated land. Chapter seven explores transnational operator liability. Chapter eight assesses liability for damage to public natural resources under the 2004 EC Environmental Liability Directive–analyzing standing and damage assessment. Chapter nine explores valuing natural resources damage, which also presents a transatlantic lesson. Chapter ten addresses recent developments on liability for damage resulting from oil pollution–from the perspective of an EU member state. Chapter eleven examines liability issues spawned by genetically modified organisms, in the context of EU and international developments. Chapter twelve analyzes human arsenic exposure from contaminated land.

This particular collection is a valuable contribution to the regional environmental literature containing lessons for all. Its comparisons thus illustrate useful considerations for those analyzing responsibility and prevention measures for the US, EU member States, and all national decision-makers.


Force

 ° F. Kalshoven, Belligerent Reprisals (Martinus Nijhoff reprint: 2005) [389] 90-04-14386-6. Price: 122 USD.

This re-published classic in International Law (1971) examined the historical developments in the law relating to recourse to belligerent reprisals. Post September 11, 2001, the international community further faced the challenges of a new modes of warfare. Humanitarian law continues to limit the carnage of war, forbidding deliberate attacks against civilians, homes/schools, and safeguards to be observed by soldiers on the battlefield. Al Qaeda now targets civilians en masse, seeks weapons of mass destruction. Such non-State belligerents can rupture a community that has, in the past, relied on self-restraint by States in their use of military force.

This book consists of seven parts. Part one analyzes the general aspects of reprisals. Part two addresses the evolution of the law as to belligerent reprisals in the period prior to the First World War. Part three examines the period between the first and second world wars, in the context of belligerent reprisals. Part four addresses reprisals in the Second World War, specifically, British reprisal orders from 1939-1940. Part five analyzes reprisals in the remaining years of the Second World War. Part six addresses post-WWII incidents. Part seven assesses the anticipated and actual results regarding the key use of force factors, such as necessity and proportionality.

Including this book in any contemporary course relating to the Laws of War will significantly enhance the reader's appreciation for the recurring nature of Professor Kalshoven's unique contribution: an assessment for all seasons of the "tit for tat" interplay of aspiration and realism which continues to play a predominant role in International Humanitarian Law.

 ° K. Hansen, The Comprehensive Nuclear Test Ban Treaty: An Insider's Perspective (Stanford: 2006) [233] 0-8047-5303-2. Price: 24.95 USD.

This well-written, organized, and "page-turner" publication addresses the central issues arising during the three-year negotiation of the Comprehensive Test Ban Treaty. The so-called permanent ban on nuclear testing-finally emerged in 1996, after intense international negotiations. Ten years later, however, it is by no means a "given" that this draft Treaty will enter into force. The author notes the general support for, and adherence to, a series of national moratoria on nuclear explosive testing. He then explores why the effort to achieve a permanent ban has been a hard sell. This author's neutrality neither supports, nor criticizes Test Ban Treaty principles, He offers a refreshingly historical-analytical approach to the factors which then influenced, and continue to impact, the intense negotiations.

This superbly written account is divided into nine chapters. Chapter one addresses the early efforts to limit nuclear testing. Chapter two analyzes why the negotiations presented such a unique, historical opportunity for at least a draft CTBT to materialize. Chapter three addresses another phase of the negotiations, including the emerging challenges. Chapter four analyzes the negotiation end game, focusing on India's role. Chapter five examines the implementation via the push for ratifications and establishment of the PrepCom. Chapter six addresses various bumps in the road toward implementation. Chapter seven analyzes the overarching impact of changes in US policy. Chapter eight explores the implications of alternative CTBT futures for the nuclear nonproliferation regime. Chapter nine provides a number of intriguing conclusions. The various appendices provided to assist readers, helping to keep the information and chronology clear of events.

There may be no better succinct reader available on the nuclear test ban treaty negotiations. This one captures not only the imagination, but also promotes a strong sense of the frenzied nature of global attempts to secure a future freed from the constant threat of a planetary nuclear winter.

 ° R. Pauly, Jr. & T. Lansford, Strategic Preemption: US Foreign Policy And The Second Iraq War (Ashgate: 2005) [paper: 173] 0-7546-4357-3. Price: 34.95 USD.

This volume examines the broad framework of US policy toward Iraq under the George W. Bush Presidency. It analyzes the key factors which lead to the new US policy of pre-emptive first strike. It then pursues the impact the War has had on US relations with Muslim countries and their inhabitants, now that the US has appeared to relegate its containment approach to former era, when combatants and their belligerent tactics were more predictable.

This book is divided into six chapters, including an introduction of the legacy of the past. Chapter one examines the US Iraq policy in relation to September 11. Chapter two presents the doctrine of preemption and its various articulations. Chapter three addresses the roles of diplomacy and brinksmanship. Chapter four explores the "Coalition of the Willing" aligned with the US operations in Iraq. Chapter five traces the goals and results of Operation Iraqi Freedom. Chapter six covers the needed rebuilding and reconstruction. Finally, the author gives his conclusions on the future of US Iraq policy.

This is a succinct but authoritative treatment of the evolving nature of the newly announced (2002) US policy of pre-emptive first strike. Its focus on what to expect in and from the Muslim world is a refreshing account of why anti-American sentiment has overtaken the goodwill possessed by the US as a result of the attacks of September 11, 2001. It would thus serve as a quite useful supplement for the array of courses emphasizing national security, foreign policy, and international relations.


Human Rights

K. Beiter, The Protection Of The Right To Education By International Law Including a Systematic Analysis of the International Covenant on Economic, Social and cultural Rights (Martinus Nijhoff: 2005) [719] 90-04-14704-7. Price: 250 USD.

This book comprehensively examines the right to an education under International Law, primarily within the content of the International Covenant on Economic, Social, and Cultural Rights (ICESCR). The author asserts the duties of the State which flows from this right, in the context of various instruments of International Law.

The author divides this analysis into twelve chapters. Chapter one succinctly but authoritatively introduces the overall subject. Chapter two addresses the history and nature of the evolving right of education. Chapter three examines the right to education as a disputed category of economic, social and cultural rights. Chapter four covers the protection of the right to education by international legal instruments. Chapter five explores the protection of the right to education by regional legal instruments. Chapter six examines the protection of this right by the United Nations' specialized agencies. Chapter seven explores promotion of the right to education at the international level. Chapter eight addresses the supervisory system of the ICESCR covenant. Chapter nine examines the general provisions of the Covenant. Chapter ten examines Article 13 of the ICESCR. Chapter eleven analyzes the right to education in the concluding observations of the Committee on Economic, Social and Cultural Rights. Chapter twelve addresses the need to strengthen the international commitment to education as a human right, especially the supervisorial provisions ion of Article 13.

The list of UN/UNESCO documents, bibliography, table of cases, Internet resources, list of abbreviations, explanation of document symbols, annex, outline of structure, and an index all join to provide ease of access to this unparalleled account of the right to education under International Law. Any human rights collection would be noticeably incomplete without this well-written and superbly supported mini-library on the history and contemporary state of this fundamental–and until now–somewhat neglected feature of the UN human rights regime.


Individual

J. Paulsson, Denial Of Justice In International Law (Cambridge: 2005) [279] 0-521-85118-1. Price: 90 USD.

This publication examines the contemporary scope of denial of justice, one of the oldest bases for State responsibility. Its scope has greatly expanded, as evidenced by international tribunals now admitting more categories of claimants, such as corporations, non-governmental organizations, and individuals. This is an outstanding contribution to a field of law that has received more attention than analysis.

Although there have been some positive shifts in this area of the law, the author explores how intense controversies continue to plague the prospect of international tribunals passing judgment on the workings of national courts, which are allegedly intolerable infringements of State sovereignty. There are a number of new treaties for the protection of investment, for example, which allow private foreign investors to claim denial of justice in international tribunals. On the other hand, others believe that international tribunals can thereby serve a prominent role in the evolution of State responsibility for denials of justice.

This analysis is divided into nine chapters. Chapter one discusses the renaissance of this category of international claim. Chapter two examines the historical tenets of denial of justice. Chapter three analyzes several fundamental developments including the conduct of a State's judiciary, and denial of justice by non-judicial authorities. Chapter four explores the modern definition of denial of justice. Chapter five addresses the exhaustion of local remedies. Chapter six examines denials via outside interference. Chapter seven analyzes the denial of justice via the familiar modes of corruption, delay, and arbitrariness. Chapter eight explores available remedies and sanctions. Chapter nine examines the question of the menace of challenges by anti-international forces. Each chapter is further broken down into sub-parts with very helpful organizational beacons that facilitate ease of access to content.


Organizations

 ° D. Forsythe, The Humanitarians: The International Committee Of The Red Cross (Cambridge: 2005) [paper: 356] 0-521-61281-0. Price: 31.99 USD.

The International Committee of the Red Cross (ICRC) is the world's largest private relief organization for territories in conflict. This captivating assessment succinctly examines its origins, while providing a comprehensive overview of a mission that employs 2,000 individuals supported by 10,000 local employees. The ICRC's governing body remains all-Swiss. The author focuses on its policy making and field work, as well as its starring role in monitoring State performance under obligations imposed by International Humanitarian Law.

The nook consists of three parts: Part one is a historical analysis, ranging from its operations during its early years, the Cold War, post-Cold War, and the current US War on Terrorism. Part two examines ICRC principles and policies, its internal structure, and management. Here, one can readily enjoy a rarer glimpse of the Red Cross personnel, policy making, resources, and its impact upon International Humanitarian Law. Part three provides the conclusions, with analysis of the ICRC and the future.

Given today's prisoner abuses, and arguable international acquiescence in major humanitarian crises–via inaction, every reader will truly appreciate the ICRC's daunting role of dealing directly with the conflicts of yesterday and tomorrow. Any library featuring materials on both International Humanitarian Law and human rights must obtain this well-documented and insightful book for completeness of coverage.

 ° A. Lindblom, Non-Governmental Organisations In International Law (Cambridge: 2005) [559] 0-521-85088-6. Price: 120 USD.

Many non-governmental organizations (NGOs) are comparatively informal. Their position in relation to International Law, however, is important. They are exercising an expanding political role in shaping international discourse on subjects once thought to be the exclusive province of States. The author argues that the NGO is a critically important form of public participation which strengthens flaws in the legitimacy of the State-centric system of International Law. She examines the legal status of NGOs, at a time in their evolution when their de jure status has not been the subject of such a sweeping investigation.

This book is divided into three parts. Part one examines the theoretical framework of NGOs, their historical and conceptual background, and the international legal theory associated with these non-State actors. Part two–the bulk of this publication–offers a brilliantly written and supported legal and empirical survey of the current work of NGOs. This analysis covers the NGOs legal rights and obligations, standing before international judicial and quasi-judicial bodies, participation as a non-party before judicial and quasi-judicial bodies, co-operation with intergovernmental organizations, participation in international conferences, plus agreements with States and intergovernmental organizations. The part three conclusion summarizes the current state of these non-State actors.

This readable assessment provides fabulous insight into the varied layers of NGO operations. It demonstrates how they can help, or hinder, the scope of international relations within their respective provinces. Every library with international content, NGO researcher, and organizational participant would be well-advised to include this analytical gem on the "must have" list.

 ° Roy Lee (ed.), Swords Into Plowshares: Building Peace Through The United Nations (Martinus Nijhoff: 2006) [paper: 174] 90-04-15001-3. Price: 128 USD.

This book compiles analyses of the most controversial issues now affecting the UN. These articles suggest methods for managing these problems. Issues explored include decision-making in the UN Security Council; the position of the US vis-à-vis the UN; human rights and economic and social development; sustainable development and human rights, and the role of democracy in global matters.

The chapter titles provide good evidence of content. Chapter one: Improving Decision-making in the UN Security Council. Chapter two: Bush's War has Damaged the United Nations. Chapter three: Human Rights and Economic and Social Development. Chapter four: The Mutual Feedback between Sustainable Development and Human Rights: Adding Responsibility as a Catalyst. Chapter five: The UN Security Council's Counter-Terrorism Efforts. Chapter six: Reflections on the Security Council's Counter-Terrorism Resolutions. Chapter seven: Assistance to States Challenged by Unconstitutional Means. Chapter eight: Nuclear Verification in North Korea and Iran. Chapter nine: United Nations Partnerships: Working Together for a Better World. Chapter ten: Commitment to Multilateralism. Chapter eleven: Will the UN Hope Survive?

This booklet may serve as both a provocative expose, as well as a useful reader, for academic courses addressing how decision makers should take active steps toward remedying the above problems within the ambit of the UN's competence. International decision0makers would be wise to consider its recommended approaches in the continuing quest for collective solutions to international crises.


States

S. Murphy, United States Practice In International Law: Volume 2: 2002-2004 (Cambridge: 2006) [420] 0-521-75071-7. Price: 175 USD.

The author has produced a similar, authoritative, and inspired account of US practice in the international community–as presented in his initial work covering the years 1999-2001 (reviewed in an earlier issue of this newsletter). He fills the void, arguably more objectively, left by the US Department of State decision not to produce periodic accounts of this subject, as done in its earlier digests of US practice in International Law. Professor Murphy's contribution is thus a unique and welcomed contribution to the literature on a subject in great need of reporting.

This volume draws upon statements and identifies the relevant actions of the executive, legislative, and judicial branches of the US government, across a broad spectrum of international activity. It covers the period from 2002-2004, giving a detailed summary of the critical happenings and issues arising within this post-911 time frame. These include US practice with regard to the Afghan conflict and the invasion and occupation of Iraq.

The author has organized this account into twelve chapters. Chapter one includes matters involving general international and US foreign relations law. Chapter two analyzes State diplomatic and consular relations. Chapter three addresses State jurisdiction and immunities. Chapter four examines State responsibility and liability. Chapter five assesses the US role in international organizations. Chapter six addresses oceans, environment, health, and aviation issues. Chapter seven examines international economic law. Chapter eight explores international human rights practice. Chapter nine analyzes international criminal law. Chapter ten addresses use of force and arms control. Chapter eleven examines settlement of disputes. Chapter twelve analyzes private international law. The tables of periodical abbreviations, cases, tables and applicable US statutes, treaties, and index promote quick access to the valuable content provided in this important text.

Libraries, departments of State around the world, international practitioners, and professors will all find a great deal of value added by having this work at hand. It yields what may well be the best account, and analysis, of US practice that is available between two covers.


Territories

E. Milano, Unlawful Territorial Situations In International Law: Reconciling Effectiveness, Legality, And Legitimacy (Martinus Nijhoff: 2006) [304] 90-04-14939-2. Price: 133 USD.

This work examines unlawful territorial situations, or territorial regimes established and maintained in defiance of International Law principles. It presents a readable and authoritative account of both the theoretical and empirical underpinnings of this–until now–somewhat neglected subject of immense importance. The author shows the relevance of International Law to determine the legality or illegality of the occupation of such territorial regimes. By analyzing the events in Iraq from 2003 onwards, for example, the author exhibits a masterful explanation of the ambiguous nature of territorial governance with questionable legal pedigrees.

The book consists of seven chapters. Chapter one succinctly, but authoritatively, introduces this subject. Chapter two analyzes the concept of "effectiveness" in International Law. Chapter three examines Statehood and territorial sovereignty, incorporating concrete, realist contexts. Chapter four examines the boundaries of legality for unlawful territorial situations. Chapter five addresses the consequences of such unlawfulness. Chapter six explores ways of testing the legality and legitimacy of UN territorial governance. Chapter seven consists of the author's conclusions, focusing on the legitimacy of the various unlawful territorial enigmas.

One would be hard pressed to find a better account of the theme appearing in both major treatises and court judgments: there may not be a specific legal rule that applies, but every international situation is capable of being resolved as a matter of law.


Treaties

L. Perna, The Formation Of The Treaty Law Of Non-International Armed Conflicts (Martinus Nijhoff: 2006) [168] 90-04-14924-4. Price: 108 USD.

The author's intriguing analysis investigates the processes leading to formation of treaty norms applicable in non-international armed conflicts. Although there are many treaty provisions designed to regulate conflict, there are few designed to regulate non-international armed conflicts. They have multiplied dramatically in recent times This work therefore assesses the key ingredients: What is the source of the international law of internal armed conflicts? Why did it evolve differently from the law regulating international armed conflicts?

Six chapters ably fulfill this mission. Chapter one analyzes the evolution of the concept of non-international armed conflicts in historical context. Chapter two examines the relevant issues dating from the nineteenth century Lieber Code to the drafting of Common Article 3 of the Geneva Conventions (GC). It masterfully conceptualizes the evolution of international concerns with the application of the GC. Chapter three addresses the elements that shape the treaty law rules applicable in non-international armed conflicts. Chapter four explores the period of 1949-1980, producing agreements such as the Protocol II additional to the Geneva Conventions of 1949 and the Conventional Weapons Convention. Chapter five examines 1980 to the present. It ably demonstrates the dramatic increase in the number of treaty law rules applicable in non-international armed conflicts. Chapter six addresses the quest for an agreement on criminalizing the violations of the rules of law applicable in non-international armed conflicts via the Statute of the International Criminal Court.


Treatises

J. Rochester, Between Peril And Promise: The Politics Of International Law (CQ Press: 2006) [paper: 278] 1-933116-49-8. Price: none given.

This book provides an in-depth examination of the major issues facing contemporary international legal norms and global governance. The author ably examines International Law in the larger context of global governance–including how it relates to the development of international organizations, regimes, and related institutions. This work may assists all of us students of International Law, by prompting us to intelligently explore a wisely collated set of contemporary political and legal topics. It does so in a way that helps us to further understand International Law and how it shapes (or reacts to) State politics.

This guide is divided into three parts. Part one introduces International Law by suggesting that we put our legal prototypes aside. In other words, does International Law really exist? Part two examines International Law "at work." It focuses on the contemporary operation of International Law in the contexts of human rights, war and peace, the international economy, allocation of legal competence, and the environment. Part three concludes with a summation of the essential proposition. Namely, how one might perceive the future of law and politics in the international community.

This booklet would be a fabulous reader to support international courses in law, politics, relations, and government. It is a succinct but authoritative expose which aids the reader–not in the mundane quest for right answers, but the far more important task of asking the right questions.



Publishers Contact Info

  • Ashgate Publishing Limited: Gower House, Croft Road, Aldershot, Hampshire GU113HR, United Kingdom.
  • Cambridge University Press: The Pitt Building, Trumpington Street, Cambridge CB2 1RP, United Kingdom.
  • Cameron May Ltd.: International Law Publishers, 17 Queen Anne's Gate. London SW1H9BU, England.
  • CQ Press: 1255 22nd Street, NW, Suite 400, Washington, DC 20037, USA.
  • Martinus Nijhoff: Brill Academic Publishers, P.O. Box 9000, 2300 PA, Leiden, The Netherlands.
  • Oxford University Press: University of Oxford, Great Clarendon Street, Oxford OX2 6DP, England.
  • Stanford University Press: 1450 Page Mill Road, Palo Alto, CA 94304-1124, USA.


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