# Ralph Henham, Punishment And Process In International Criminal Trials (Ashgate Publishing Limited: 2005) [247] 0-7546-2437-4.  Price: USD 114.95. 

            International sentencing is now a flashpoint associated with punishing individuals for their  crimes of genocide and crimes against humanity–now that the prosecution of these acts are approaching center stage in the International Criminal Law arena.  This book analyzes the related trial processes and alternative resolution mechanisms.  It offers a socio-legal integration, which examines the rationale and development of international sentencing structures and processes.  It also examines the procedural constraints upon, and access to, both justice and the rights it purports to protect.  

            This work is divided into eight chapters.  Chapter 1 introduces the notion of the  internationalization of sentencing norms.  Chapter 2 addresses procedural rules and trial practice. Chapter 3 examines sentencing in a social reality context.  Chapter 4 analyzes normative constraints on sentencing.  Chapter 5 examines philosophical issues in international sentencing.  Chapter 6 addresses the core of access to justice.  Chapter 7 analyzes the theoretical and methodological issues within the realm of international sentencing.  Chapter 8 concludes with an assessment of how to realistically re-conceptualize international penal practice.  The author also includes a list of the varied and useful illustrations in this book.

            Given the penchant for focusing on the problem of bringing perpetrators to justice, this fresh perspective is a welcome addition to the literature in this neglected niche within International Criminal Law.   

# Arie Trouwborst, Precautionary Rights And Duties Of States (Martinus Nijhoff Publishers: 2006) [351] 90-04-15212-1.  Price: EUR 85.

            This superbly presented work intelligently analyzes the crucial issues within the critical mass of International Environmental Law (IEL).  The author’s well-written and amply-supported assessment highlights the conditions triggering a right, or duty, to take precautionary action.  This analysis squarely addresses the measures to be taken, the allocation of the burden of proof, and the role of socio-economic factors in making the necessary judgment calls.  This book brightens the path in a murky, critical, and neglected search for answers.  It explores patterns and common denominators in State practice associated with the precautionary principle.   Any library, professor, or student interested in IEL would be better versed after digesting what this resource has to offer. 

            Part One–including a visit with the Oracle of Delphi–refreshingly introduces the Precautionary Principle.  Part Two prods the reader’s awareness with its definitional detail.  This segment’s chapters include: Defining Rights and Duties under the Precautionary Principle; Threat of Environmental Harm; Uncertainty; and recommended Action.  Part Three addresses the inconvenient truth with implementation of precautionary measures,  burden of proof, and socio-economic interests.  Part Four draws both routine and fresh conclusions regarding what States must and should do to claw back their assault on the environment. 

# Andreas Laursen, Changing International Law To Meet New Challenges: Interpretation, Modification And The Use Of Force (DJqF Publishing: 2006) [331] 87-574-1529-3.  Price: EUR 48.

            International rules regarding the use of force has come under perhaps the most far-reaching scrutiny since the seventeenth century appearance of the nation-State.  This fresh analysis focuses on two central issues: first, the ways that normative frameworks change, evolve, or are modified in international law; and second, the extent to which the basic norms governing the use of force against non-traditional combatants has changed since 9-11. A core issue is how do the various actors on the international stage react to this non-traditional challenge–will there by a disintegration of existing norms, or a major adaption to new circumstances?

            This approach is enlightening, convincing, and refreshing.  Rather than follow the path of others, this author’s revised doctoral thesis ably describes the common objective and forges his own way.  This is a welcome addition to the literature on use of force.  It includes both theory and practical devices for responding to the modern threats that defy traditional applications.             

            Part one analyzes changing international law and part two examines the use of force against terrorists.  Part I is entitled Changing International Law.  Its Chapter 1 assesses traditional modes of characterizing the common paradigms while exploring new applications of the law of the U.N. Charter.  Chapter 2 examines subsequent treaty practice as an element of interpretation.  Chapter 3 addresses the potential for the arguably necessary modifications.  Chapter 4 wisely analyzes the causes terrorism, as opposed to merely presenting band aid solutions.  Part II is entitled The Use of Force Against Terrorism.  Its initial Chapter 5 examines the interplay of self-defense and terrorism.  Chapter 6 recalls the relevant lenses of the 1980s and 1990s.  Chapter 7 is a case study of the challenges offered by Afghanistan.  Chapter 8 analyzes additional post-9/11 contexts, including “terrorism” in the Occupied Territories, Georgia, Syria, and Iraq.  Chapter 9 examines the use of force in terms of its necessity element.  Chapter 10 a number of brief conclusions, to sum up the contributions made by this useful analysis.

# Rosa Brooks, Jane Stromseth & David Wippman, Can Might Make Right? Building The Rule Of Law After Military Interventions (Cambridge University Press: 2006) [414] 0-521-67801-3.  Price: USD 80.

            This book addresses the core issue of why it is so difficult to create the Rule of Law in post-conflict societies.  Its valuable insights offer much, in this somewhat neglected area of legal discourse about problems faced by State and international organizations operating in hopes that the solution will not be worse than the original problem.  It is a remarkably useful primer for  policymakers and field-workers in search of better results.  It pragmatically outlines a synergistic approach to the Rule of Law, when, as is often the case, well-intentioned peacemakers are clueless when the local tides turns against them.  The typically narrow focus of implementing a Rule of Law situation is on building institutions such as courts and legislatures, while missing the more complex political and cultural issues not always apparent to the very people trying to make things better.  This lack of insight too often results in the local populace perceiving the external force as a substitute for imperialism.

            Chapter 1 provides a refreshing introduction entitled A New Imperialism?  Chapter 2 analyzes the general nature of interventions under International Law, including their legality and legitimacy.  Chapter 3 asks just What is the Rule of Law?   Chapter 4 explores the various blueprints for post-conflict governance.  Chapter 5 examines security as the sine qua non for success.  Chapter 6 addresses challenges to actual system reform of the local justice system.  Chapter 7 explores the accountability for atrocities, in the context of being able to move forward by looking backward.  Chapter 8 provides useful insight on how to create a Rule of Law culture.  Chapter 9 intelligently explores how to enhance Rule of Law planning, funding, and local “ownership” of the desired objective.  Chapter 10 provides a less than optimistic conclusion about the critically necessary commitment of resources to get the job done.

# Fionnuala Ni Aolain & Oren Gross Law In Times Of Crisis: Emergency Powers In Theory and Practice (Cambridge University Press: 2006) [481] 0-521-54123-9.  Price: USD 100.

            The scope and proper application of the State’s emergency powers now occupy center stage in the post-9-11 "War on Terror."  This succinct, but authoritative, handbook presents a comprehensive analysis of the contemporary conceptualization of national emergency powers and limitations.  It integrates post-September 9-11 developments into this candid, and exceptionally well-researched, page-turner.  The authors examine three models for exercising emergency power.  They therein explore the historical interface between law and violent events, providing useful insight from the Roman Republic and Jewish law through London’s July 2005 terrorist attacks.  In addition to being an outstanding reference resource, this book would  be a useful reader for courses focusing on Human Rights and International Humanitarian Law courses.      

            The Part I chapters examine models of accommodation, law for all seasons, models of extra-legality, and the “five degrees of separation”–the State’s ability to separate emergencies/crises from normalcy, or counter-terrorism measures from routine law enforcement.  The chapters in Part II present the interplay of: international human rights and emergency situations; humanitarian law and terrorism; and international responses to contemporary threats.  Tables of cases, treaties, legislation, and other international materials conveniently supplement the text, and provide useful access to content. 

# John Janzekovic, The Use of Force in Humanitarian Intervention: Morality and Practicalities (Ashgate: 2006) [212] 0-7546-4850-8.  Price: USD 99.95.

            This handy volume yields succinct but authoritative insight into the perplexing problem of humanitarian intervention, arguably masking other motives within the sphere of State influence. It nicely summarizes the arguments for an against the familiar moral dilemma of acting, when not to is literally a matter of life and death.

            Its six chapters parts include: 1. Ethical Reasoning and Moral Principles; 2. Plausible Interventionist Strategies; 3. Humanitarian Law and Military Intervention; 4. Objections to the Ethical Principles and Applications; 5. Ethnic Conflict in the Balkans 1992-1999–A Case Study; and 6. Conclusion.

              The author’s presentation and assessment provide refreshing insight into practical consequences, not just the routine ethical dilemma and legality premises associated with humanitarian intervention. The many geographic illustrations provided a much-needed basic that is missing in other texts. The Balkans Case Study is as well articulated as any other attempt to unravel the multi-faceted enigma of a doctrine that literally cries out for the well-written and researched analysis presented in this account.

# Stephanie T. Kleine-Ahlbrandt, The Protection Gap In The International Protection Of Internally Displaced Persons: The Case Of Rwanda (Graduate Institute of International Studies: 2d ed., 2004) [259] 2-8288-0030-X.  Price: not given.

            Like the early twentieth century genocide in Armenia, there is another conveniently forgotten genocidal tragedy of the century.  In post-genocide Rwanda, two thousand Hutus, mostly women and children, were massacred while living in an internationally designated camp for displaced persons.  This occurred at the Kibeho refugee camp in Northwest Rwanda, in April, 1995–a year after the well-known slaughter of mostly people of Tutsi (and moderate Hutu) ethnicity.  This latter disaster occurred, despite the presence of more than a dozen UN agencies, 120 non-governmental organizations, and 5,500 U.N. peacekeepers in Rwanda.  

            This work analyzes the failure of cooperation between the international agencies and the Rwandan government.  Ms. Kleine-Ahlbrandt served as a U.N. Human Rights Officer for Rwanda.  She  exposes the inherent, but rarely articulated, substantive challenges and flaws in the international response to such humanitarian disasters.  She herein proposes measures for improving the international system for the protection of internally displaced persons (IDP), literally crying out for attention even today (e.g., Darfur).  There is no library, no private or governmental collection, and no human rights or IHL course that is complete, without this provocative assessment of the international community’s score card for handling such unspeakable horror.     

            There are two parts in this work.  Part One analyzes legal and institutional weaknesses in the response to internal displacement in post-genocide Rwanda (1994-1996).  Chapter I analyzes the deficiencies in the legal and institutional framework of IDP.  Chapter II examines the Kibeho camp.  Chapter III summarizes relevant features of the 1995 Rwandan massacre.  Chapter IV provides the author’s conclusions and recommendations.  Part Two then examines the normative and institutional weaknesses in the so-called international protection of IDP in Rwanda since 1996.  Here, the reader can savor normative developments, such as the guiding principles regarding internal displacement, specific case studies, and institutional developments in U.N. protection of IDS since 1996.  The table of contents, list of abbreviations, acronyms, glossary of Rwandan political terms, and appendix all add to the splendid coverage of the not-so-splendid institutional performance provided in this text.     

# John Quigley, The Genocide Convention: An International Law Analysis (Ashgate Publishing Limited: 2006) [301] 0-7546-4730-7.  Price: USD 99.95.   

            The author succinctly analyzes whether the existing law of genocide can realistically prevent mass atrocities.  He  examines a number of legal actions against States for genocide, the contours of the specific intent requirement, and the utility of genocide as a legal construct.

            Part One begins the evaluation, by its focus on the initial absence of a name for a horror with ancient roots.  Part Two assesses various prosecutions, in both national and international courts.  Part Three provides page-turning assessments of the treaty, customary and Scurity Council roles in creating and supposedly managing the relevant legal environment.  Part Four focuses on the genocidal intent required to trigger liability.  Parts Five and Six continue the author’s vivid accounts of the victims and scale of the crime of genocide.  Part Seven exposes the varied methods for accomplishing this objective, including the euphemistic cousin known as ethnic cleansing.  Part Eight addresses the curious omission from the convention’s text–whereby individuals, but not States, are potential perpetrators.  Part Nine delves into an unusually fascinating assessment of the “value” of genocide; for example, the perceived “need” for, and deterrent “value” of, genocide for its perpetrators.

            There is no dearth of textual assessments of the many facets of genocide.  One would be hard pressed, however, to find a more compelling review of its raison d’etre, a clearer case made for the international community’s historic inability to effectively eradicate its existence, and a better restatement of the complex undercurrents which the author has reduced to nutshell form.

# J. Craig Barker, The Protection Of Diplomatic Personnel (Ashgate Publishing Limited: 2006) [203] 0-7546-2352-1.  Price: USD 99.95.

            There has been a dramatic increase in the number of people holding diplomatic status, because of the growing number of States and international organizations.  One undesirable side-effect is the increase in the number of attacks on these diplomats.  They are political symbols, and have thus been targets for violence since the dawn of Statehood.  Now, there are more targets.  This refreshing account vividly questions the legal regime which governs their protection, in this post-9-11 era of terrorism directed at all individuals, without regard to existing legal protection.  The author draws from a wide array of resources to provide this handy restatement of developments in the prevention of terrorism–and the related need to protect diplomatic personnel.  He passionately illustrates the impact on International Criminal Law and the work of the International Criminal Court.

            Chapter 1 addresses the inherent nature of the protection dilemma, as evinced by specific case studies.  Chapter 2 examines the underlying scope of diplomatic protection, and how it has extended to the growing cadre of national and organizational representatives other than just the traditional officials.   Chapter 3 three presents historical and theoretical perspectives from Antiquity to creation of the current universal convention.  Chapter 4 summarizes the core of the Vienna Conventions.  Chapter 5 addresses other conventions, and the Osama bin Laden indictment.  Chapter 6 contains a rich, multi-faceted approach to protecting diplomats in the contemporary terrorist era.  Chapter 7 briefly conclude with its summary of the above-referenced plan for accommodating the terrorist’s impact on the diplomat’s ability to function.     

# Gerhard Hafner, Marcelo G. Kohen, Susan Breau (eds.), State Practice Regarding State Immunities (Martinus Nijhoff Publishers: 2006) [751] 90-04-15073-0.  Price: EUR 295.

            This Council of Europe publication is a practical contribution to the understanding and  development of the comparative law of State immunity.  The global trend has, of course, moved away from absolute towards restrictive immunity.  States more frequently find themselves on equal footing with private individuals when sued in the various national courts.  There is no uniform international legal regime that regulates State immunity on a multilateral basis.   There have been attempts, but national courts and legislatures have chosen to make the relevant decisions on a case-by-case basis.  The raw data consists of the practice of twenty-eight European States within the Council of Europe.  The editors have done a remarkable job of synthesizing the raw data from so many judicial and legislative resources–including the U.N. and European Conventions on State Immunity–then packaging it all into a relatively concise but authoritative text (if one halves the facing page English-French book text). This will no doubt be one of the premiere resources, should States move in the direction of approaching State immunity more of a multilateral basis.  It will likely be the definitive work in this complex legal arena.       

            Part I is an analytical report containing ten chapters.  Chapter 1 wisely commences the overall analysis by defining “State.”  Chapter 2 continues the definitional mode, by defining “commercial act.”   Chapter 3 addresses the distinction between State and diplomatic immunity, regarding acts of the agents and status of their property.  Chapter 4 examines the contours of waiver of immunity.  Chapter 5 addresses State immunity in the employment contract context.  Chapter 6 covers  personal injuries and damage to host-State property.  Chapter seven presents the issues involving ownership, possession, and property uses.  Chapter 8 covers State-owned or operated ships.  Chapter 9 examines the effect of arbitration agreements.  Chapter 10 addresses State immunity from enforcement measures; e.g., the distinction between jurisdictional immunity and immunity from execution.  Part II illustrates a pilot project of the Council of Europe on State practice regarding State immunities.  This part of the volume summarizes and evaluates the work of the Ad Hoc Committee on Jurisdictional Immunities of States and their Properties–with a view toward implementing the related Convention (by the same name). The March 2004 convention clauses were adopted by the committee and are now being further considered.

# Alfred Boll, Multiple Nationality and International Law (Martinus Nijhoff Publishers: 2006) [626] 90-04-14838-8.  Price: not given.

            The Appendix–roughly half of this book–collates the practice of seventy-six countries in the rather sparsely populated arena of book-length literature on dual/multiple nationality.  It provides a number of brief, and quite specific, summaries of the details for determining one’s status.  It supports its diagrammatic synopses with detailed, and apparently painstakingly researched, footnotes.  This unearths a rich vein of research nuggets.

            The first half of the book consist of six chapters that are likewise authoritatively researched.  Chapter 1 provides the context and significance of multiple nationality.  Chapter 2 addresses the blend of factors that affect one’s status as a national and/or citizen, including the role of ethnicity.

Chapter 3 delves into the gist of nationality in both municipal and international contexts.  Chapter 4 covers the historical perspective and influence of emerging human rights law.  Chapter 5 continues this theme by exploring the principle of International Law that govern nationality.  Chapter 6 concludes with the relevance and role of nationality in International Law.

            The lengthy bibliography provides access to the many volumes of research materials one may glean from this handy summary of legal principles and actual State practice.  This book is an absolute “must” for immigration practitioners.  It would be an ideal addition to the resource materials for any international library collection supporting an institution’s immigration, conflict of law,  and comparative law courses–to name a few.                       

# James C. Hathaway, The Rights Of Refugees Under International Law (Cambridge University Press: 2005) [1184] 0-521-54263-4.  Price: USD 75.

            This comprehensive volume intelligently presents, succinctly analyzes, refreshingly confronts, and vividly explains the status–and plight–of refugees within the context of the U.N. Refugee Convention.   Digesting this primer will specifically equip the reader with the scrutiny necessary to assess whether refugees be allowed to enjoy any, or all, of the following “necessities:” freedom of movement, right to work, access to public welfare programs; exemption from visa and related immigration rules; and the most provocative question of all–whether there is any duty to even admit refugees.  Professor Hathaway applies his analysis to the most difficult protection challenges by linking standards of international human rights law to yield a comprehensive understanding of the contemporary refugee rights regime. 

            There are seven sections presented in this work.  Section 1 analyzes International Law as a  critical resource for establishing refugee rights.  Section 2 addresses the historical and treay-based evolution of refugee rights.  Section 3 provides the blueprint for the scope of entitlements under the Refugee Convention.  Section 4 analyzes rights of refugees who are physically present within the State (non-refoulement).  Section 5 addresses rights of refugees who are lawfully present.  Section 6 presents the rights of refugees lawfully staying.  Section 7 explores the various solutions: repatriation; voluntary establishment; resettlement; and naturalization. 

             These sections are followed by an intriguing epilogue that challenges the contemporary viability of refugee rights, and the rarely discussed factor of actual political will to accommodate refugees.  The appendices handily include the Refugee convention, and other international instruments, making this a classic reader for either researchers or students in pursuit of the one-volume answer to all conceivable questions.   

# Christopher Waters (ed.), British and Canadian Perspectives on International Law (Martinus Nijhoff: 2006) [407] 90-04-15381-0. Price: EUR 125.
            This volume collates the perspectives of twenty prominent scholars on various cutting edge topics in Public International Law. The five Parts divide this work into comparative perspectives; International Criminal Law; human rights; security; and courts.

            The individual chapters deal with the following: comparative British and Canadian approaches; International Humanitarian Law; International Criminal Court; accountability for the related crimes; extraterritorial jurisdiction; vague indictments; reaction to human rights petitions; women’s human rights; gender issues with immigration; human rights and public emergency; human security perspectives; trade and sustainable development; Kyoto Protocol implementation; corporate social responsibility; access to medicine under the WTO TRIPS regime; cross-border tax discrimination; legitimacy of the “International Criminal Justice Model;” applications of Customary International Law; and internalizing treaty law.     

            This collection provides convenient and specific access to national perspectives, in a way which more broadly-based volumes cannot.  It is thus a valuable addition to any library collection which features a Public International Law content. The editors have done an excellent job of casting a wide net, then reeling in and serving up a commendable menu.  

# B.S. Chimni, Miyoshi Masahiro, Surya P. Subedi, Asian Yearbook Of International Law: Volume 11 2003-2004 (Martinus Nijhoff Publishers: 2006) [419] 90-04-15385-3.  Price: EUR 185.    

This collection of articles and recent documents yields succinct but authoritative access to important, contemporary International Law issues from an Asian perspective.  This 11th volume confronts the need for the international community, as well as Asians themselves, to expose Asian perspectives–all neatly packed in a convenient digest of intriguing scholarship. 

            The front portion of this latest volume includes articles on the following matters: non-recognition of putative foreign states (Taiwan) under Singapore’s State Immunity Act; the work represented in the separate and dissenting opinions of Sri Lanka’s Judge Weeramantry, during his tenure on the International Court of Justice; implementing global environmental standards in the non-state sector; protection of international refugees, as influenced by western nations regarding the mandate of the UNHCR; and international abductions. 

            The latter portion of this valuable collection features legal materials about: regional State practice in International Law; survey of the Pan-Asian Legal Consultative Organization; chronicle of regional events relating to International Law; and selected documents/literature on the New Asian-African Strategic Partnership, China’s 2005 Anti-Secession Law, India-China Confidence Building Protocol & boundary question, plus the South Asian Association for Regional Co-operation’s 2002 Katmandu Declaration.        

            All libraries with any International Law content should include this useful volume for its contributions by leading scholars, as well as its original materials on State practice, in a convenient collection of contemporary offerings.      

# Isidoro Zanotti, Extradition In Multilateral Treaties And Conventions (Martinus Nijhoff Publishers: 2006) [428] 90-04-14901-5.  Price: Eur 115.
            Extradition treaties are mostly bilateral.  This work provides fresh insight into the limited network of multilateral extradition treaties–with an emphasis on extradition in the Americas.  This volume is thus a welcome addition to the dearth of book-length literature on extradition agreements.           The first quarter of this book is four chapters on the following subjects: multilateral extradition treaties among American countries; implementation by organs of the Organization of American States–1954 to 1981; prevention specific categories of offenses from trumping convention objectives; and a comparative analysis of the significant provisions of multilateral treaties.

            The other three–fourths of this book contain three appendices.  They focus, respectively, on extradition treaties in the Americas, the United Nations, and Europe. This valuable, original material thus conveniently collates the critical mass of multilateral extradition treaties in one comprehensive volume.

# Joachim Müller, Reforming The United Nations: The Struggle For Legitimacy And Effectiveness (Martinus Nijhoff Publishers: 2006) [531] 90-04-15131-1.  Price: EUR 135.

             The legitimacy and effectiveness of the United Nations has been constantly questioned in recent years, especially in the wake of 9-11 and the  invasion of Iraq in 2003.  As a result, the United Nations claims to be undergoing a fresh phase of effective adjustment and repositioning.  This publication is the fifth volume in this series, which is designed to chronicle U.N. reform efforts from 2003 through 2006.  A short summary of previous reform efforts are also provided. 

            This volume is divided into two parts.  Part I contains sections about reforming the organization in its struggle for retaining its legitimacy, with a view toward improving its effectiveness.  The analysis includes the history of U.N. reform efforts from 1950 through 2002; revitalization of the U.N. from 1950 to 1996; structural adjustments from 1997 to 2002; Security Council reform, and other reform initiatives from 2003 and 2006; the issue of collective security in the context of 9–11 and the Iraq War.

            Part II presents various documents from 2004 and 2006, including the High-Level Report; investment in development; the role of the Secretary-General; the Oil-for-food Program; Security Council reform; and the 2005 World Summit.

            No library with any International Law content could be complete without all five volumes of this comprehensive, well-written and painstakingly supported collation of the heart of the contemporary U.N. reform process.