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United Nations Decade of International Law ISSUE #37: August 2007
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We use page numbers only for PDF version of the Newsletter.
Next Newsletter: Winter '07
MESSAGE FROM THE CHAIR: Dear UN21 Colleagues: As we chart another year for our IG I thought a review the past year is in order. This was of course my first year as Chair. Indeed, I had and still have huge shoes to fill, those of Prof. Bill Slomanson. Bill has helped me in shepherding our IG in the past year. Moreover, he remains the Editor of our bi-annual newsletter. This year our IG held two conferences. The first, held in October, at Bill's home institution, the Thomas Jefferson School of Law in San Diego. It featured Ambassador Hans Corel, a member of our IG, the former United Nations Under Secretary-General, and UN Legal Counsel. The second event, held in February, was hosted at the Georgetown University Law Center. It focused on human rights reform at the UN. These were followed by the ASIL's 101st Annual Meeting. Ambassador Corel attended our business meeting. Our First Order of Business this year was to submit suggestions for next year's annual meeting. The Society will convene its 102nd annual meeting at a time of unprecedented political change. Accordingly, with a theme of "The Politics of International Law," the 2008 Annual Meeting will explore such issues as the relationship between politics and international law, the politics of international organizations, and how political change affects international law. Our proposal was submitted to the Program Committee just before the July 9, 2007 deadline. (I wish we would have had more time, but I received notice of this deadline on June 28, 2007.) The UN21 proposal follows. At its 5th Meeting during the second week of June, 2007, the United Nations Human Rights Council singled out Israel as an issue on its permanent agenda and as part of an agreement on its working rules. Israel's Foreign Minister, Tzipi Livni, challenged the Council's action on Wednesday, June 27, 2007. He stated that: "There is no connection between the United Nations Human Rights Council and human rights." Similarly, Canada's ambassador to Israel, Jon Allen, recently stated that Canada had protested the Council's announcement of a unanimous decision to keep Israel on the permanent agenda. Ambassador Allen was quoted as asserting that "Canada took a strong stance and voted no, and notwithstanding the chairman went ahead and declared a consensus." He also declared: "Israel should not be singled out when countries like Belarus and Sudan are ignored," adding that Canada supported a two-state solution but believed in Israel's right to defend itself in a "tough neighborhood." The Human Rights Council, is based in Geneva and consists of 47 member States. It was formed approximately a year ago as part of a reform initiated by former UN Secretary-General Kofi Annan. See generally. The UN General Assembly voted to replace the Human Rights Commission with this new Council in an attempt to address both criticisms of the commission's composition—which frequently included some of the world's worst human rights abusers, and what Mr. Annan once termed its excessive focus on Israel. Given the history of the UN's Human Rights Commission I believe that a panel or point-counterpoint program on the impact of politics on the international human rights law was worth exploring. Should our program be selected, I will advise you. Then, I will seek your input on our proposed panel via my e-mail address. Thanks and have a wonderful (remaining) summer, Itzchak UN DECADE OBJECTIVES/MODIFICATION The following is the original section mission statement, which we decided to include in each issue: *
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:"
And from David Wylie: Editor's Note: MEMBER NEWS Dr. Zeray Yihdego joined Oxford Brookes University as a Research Fellow in law. This involves both research and teaching on the LLM programms in International Law. He submitted his monograph titled "The Arms Trade and International Law" with Hart Publishers. He published two other articles. One involves the arms trade and the role of the Security Council, at the Netherlands International Law Review (May 2007). The other is entitled "Ethiopia's Military Action against the Union of Islamic Courts and Others in Somalia: legal implications." It was published in the International and Cooperative Law Quarterly." Fabio Leonardi graduated from the University of Padua, Faculty of Law (Italy). His thesis was entitled "International Legal Profiles of the Foreign Debt Management" (Profili Giuridici Internazionali della Gestione del Debito Estero). He will be attending New York Law School this Fall. Professor Bill Slomanson (Thomas Jefferson, San Diego) presented at Moscow State University, Miskolc University (Hungary), and Yeditepe University (Istanbul) since the last issue of this newsletter. His subjects included: Alien Detainee Cases: Washington's Balance of Power Struggle; and Isolation at All Costs: Attacking Judicial Reliance on Non-US Legal Sources. READER'S CORNER:
Prior Newsletter Reader's Corner Reviews COLLECTIONS Benedetto Conforti, et al., (eds.), The Italian Yearbook of International Law, Volume XV 2005 (Martinus Nijohff: 2006) [485] 90-04-15660-7. Price: EUR 180. This volume makes fresh Italian contributions to the practice and literature of International Law available to the English-speaking community. Articles, notes, surveys, and other useful details regarding Italian practice herein yield inspiring and provocative Italian contributions to the international community. This volume is divided into three sections. The first contains articles on the implementation of the judgments of the European Court of Human Rights, the UN Charter Reform, and minority protection in Italy. Further topics include notes in the terrorism field regarding current judicial and legislative developments, as well as a new survey on the ICJ. The middle section highlights Italian practice regarding judicial decisions, diplomatic and parliamentary practice, treaty practice, and national legislation. The final section contains a bibliographical index of Italian literature in the International Law context, and reviews of recent books. It offers a useful index, including the main judicial decisions and legal instruments cited throughout the volume–thus providing ready access to content. Libraries featuring international materials would be wise to include this series to promote completeness of coverage, whole featuring these key assessments by its prominent of scholars. Camille Mansour, Anis F. Kassim, Kim Van der Borght (eds.), the Palestine Yearbook of International Law, Volume XIII 2004/2005 (Martinus Nijhoff: 2007) [522] 90-04-15039-0. Price: EUR 195. The editors have organized this work as follows: an Introduction; The ICJ’s Wall Case; International Law’s Architecture; Palestine in International Law; and Self-Determination and the Wall: A Disruptive Doctrine. This year’s 2004/2005 coverage begins with a succinct but authoritative Introduction, Articles, and a Special Dossier–all of which focus on the ICJ’s Wall Case. Any researcher who feels that the ICJ did not function as a good fact-finder in that case will be quite pleased with this fascinating Dossier. The book’s next section contains decisions, legislation, and international documents involving border and related issues. Its book reviews shed light on the related issues: Palestine under International Law; Israel’s detention of Palestinian children; and Palestinian refugee property. This particular resource is a must for any public or private collection featuring International Law. Its scholarly analyses articulate the Palestinian perspective about the role of the international community in pushing Palestine toward its current political and territorial margins. This volume illuminates the characteristics of that process, and then explores the possibilities for a sensible solution. COURTS P. Chandrasekhara Rao & Ph. Gautier (eds.), The Rules of the International Tribunal for the Law of the Sea: A Commentary (Martinus Nijhoff: 2006) [521] 90-04-15240-7. Price: EUR 145. Created by the United Nations Convention on the Law of the Sea, the International Tribunal for the Law of the Sea began its judicial activities in 1996. This Commentary provides legal practitioners and academics a detailed analysis of the provisions contained in the Rules of the Tribunal, adopted in 1997. Contributors to this Commentary include Judges of the Tribunal and members of its Registry. Particular attention is paid to both the Tribunal’s norms, as well as the corresponding provisions in the Rules of the International Court of Justice. This work is divided into three parts. Part I addresses the use of terms. Part II analyzes the organization, including the Tribunal, the Seabed Disputes Chamber, Special chambers, the Registry, Internal functioning of the Tribunal, and official languages. Note that the relevant Articles appear in both French and English. The related Commentaries are in English. Part III addresses Tribunal procedure. Here, one finds many nuggets beyond just the general Article provisions: proceedings before the Tribunal; incidental proceedings; proceedings before special chambers; prompt release of vessels and crews; proceedings in contentious cases before the Seabed Disputes Chamber; Judgments; interpretation and revision; and the tribunal’s advisory proceedings. There are informative annexes, a bibliography, a list of cases, a list of references to Articles of the Convention, Statute of Rules of the Tribunal, Statute and the Rules of the ICJ, and an Index that intelligently provides access to content. Given the contemporary scholarship phenomenon of commentaries on various international court rules (a number of them having been reviewed in this UN21 forum), this work comes highly recommended for any serious research or practice collection which even tangentially addresses Law of the Sea issues. The editors have done a remarkable job of mining the rich vein of materials which have finally surfaced in this lasting contribution to Law of the Sea literature. FORCE Oscar Solera, Defining the Crime of Aggression (Cameron May: 2007) [529] 1-905017-43-X. Price: None given. Any study of aggression is, unfortunately, always seasonable. This theme is especially pertinent, given the ICC’s Rome Statute failing to be concluded with an acceptable multilateral definition of aggression in its list of treaty crimes. Considering this legal and political dynamic (or lack thereof), this fresh assessment yields an appealing gap filler. The author appears to play the welcomed and provocative role of invisible observer. He observes the stated and unarticulated positions of some key actors on this global stage. Instead of hypothesizing about which direction the process could have or should have proceeded, his objective is to facilitate an understanding of where the process of defining aggression has and will play out. This riveting analysis is divided into two parts, with individual chapter themes. Part I discusses aggression in the context of the various executive branch players. Chapter I addresses the prohibition on the use of force in its historical context from Versailles to San Francisco. Chapter II addresses early UN efforts to define aggression. Chapter III focuses on the UN’s 6-round, 24-year struggle to define aggression on a multilateral basis. Part II defines the crime of aggression for criminal law purposes. Part II, Chapter I, examines Nuremberg’s classic judicial treatment of aggression as a war crime. Chapter II focuses on the ILC Draft Code and the Crime of Aggression. Chapter III analyzes this ubiquitous but slippery subject from the political vantage points associated with the relevant treaties (Geneva, Rome, and The Hague). Chapter IV presents an inspired proposal that incorporates distinct approaches. Finally, a utilitarian conclusion succeeds in illustrating why this coverage is such a welcomed addition to the literature on defining a subject that defiantly defies a concrete multilateral definition. No public library or private collection on the use of force, war crimes, and international criminal adjudication–to mention a few of the salient classifications–could be complete without this well-written and documented study by a very talented writer. Carl Q. Cristol, International Law and U.S. Foreign Policy (2d rev.ed Univ. Press Amer.: 2007) [Paper: 436]. Price: None given. The revised edition of this work is a timely assessment of a national foreign policy in decline. It is written by a most prominent scholar who continues to provide insightful, provocative, and riveting accounts of perhaps the most prominent issue of the day. His objective analysis is, as in the prior edition, objective, refreshingly poignant, and a must read–although one might surmise that the audience most in need is not within earshot of the rest of the choir to whom he is (authoritatively) preaching. This book could be a course textbook for many International Law classes at both undergraduate and graduate levels. Because of its broad appeal, it should be the supplement for courses addressing the use of force, diplomacy, international relations, or political/military science. The chapters include fresh materials on the scope of International Law; U.S. foreign policy; U.S. compliance with treaty obligations; terrorism; international tribunals; the environment; arms control; immigration; the Middle East, Iraq; oil policy; and enemy combatants. This newsletter listing illustrates why its content makes this cogent assessment such a suitable course reader. It is clearly written, powerfully articulated, and extremely well documented–both in terms of its analytical updates and fresh bibliographical resources. ° Markus D. Dubber & Mariana Valverde, The Police Power in International Governance (Stanford: 2006) Price: USD 55. HUMAN RIGHTS Michael O’Flaherty (ed.), The Human Rights Field Operation: Law, Theory and Practice (Ashgate: 2007) [467] 978-0-7546-4937-3. Price: USD 49.95. This resource is an essential primer for those contemplating both the study of, and employment in, the human rights field. It features graphic assessments of academics, policy makers, and field practitioners. It focuses on the development of human rights in the field operations of the UN and other key intergovernmental organizations. It explores the ethical framework, while comparing both current and former practices within this cog of the UN wheel. It substantially augments one’s general understanding of human rights operations in the field, in addition to providing valuable classroom insights. This excellent primer contains nineteen chapters, each authored by a different, and obviously knowledgeable scholar. They collectively present and analyze the basic features of human rights field operations for intergovernmental organizations. It further provides a succinct but quite utilitarian bibliography and an index which intelligently promotes access to content. Courses focusing on International Human Rights, International Humanitarian Law, the UN as a service provider, and legal features of such noble undertakings would be greatly improved by having access to this creatively organized and hard-hitting account of human rights “on the ground.” INVESTMENT ● Dragneva, Rilka, Investor Protection in the Cis (Martinus Nijohff: 2007) [340] 90-04-15532-5. Price: EUR 149. PEACEKEEPING Harvey Langholtz, Boris Kondoch, & Alan Wells (eds.) International Peacekeeping: the Yearbook of International Peace Operations, Vol. 11 (Martinus Nijohff: 2007) [471] 90-04-15678-X. Price: EUR 295. Much has been written about international peacekeeping operations. This handy account freshly presents and audits non-theoretical peacekeeping parameters and applications. This volume emphasizes not only the expected legal and policy issues, but also ethical and practical ones as well. It combines an array of invaluable articles, chronicles, and primary documents. The range of topics includes individually-authored articles on keeping the peace, conflict resolution, organizational diplomacy, international security, humanitarian relief/law, and terrorism. Its attached CD ROM augments this already valuable resource with core documents, including Security Council Resolutions and Reports of the UN Secretary-General. One may thus appreciate the various descriptive assessments, which shed light upon key organizational entities, developments, and ongoing conference proceedings–e.g., the work of the International Association of Peacekeeping Training Centres; the Challenges Project; the International Society for Military Law and the Law of War; and the International Institute of Humanitarian Law. Its bibliography and chronicle of events add further zest to a topic that motivates so many to consider related careers. Including this book as an available resource will enhance any library and the ability to point to practical resources in the filed. PRACTICE Lucinda A. Low, Patrick M. Norton, Daniel M. Drory (eds.), International Lawyer’s Deskbook (2d ed. ABA: 2002) [paper: 487] 1-59031-144-2. Price: None given. This general reference tool is a must for lawyers encountering international legal problems outside of their own areas of expertise. It is a valuable resource because it provides information about selecting foreign counsel, along with some two dozen other individually-authored assessments about the many diverse features if international practice. The refreshingly practical resources between these two covers draw upon institutional materials from government agencies, international organizations, non-governmental organizations, and online services. Each chapter covers a specialty topic, so as to give the non-specialist a basis for dealing intelligently with the particular problems arising in the day-to-day international practice of law. A somewhat detailed chapter description follows, for the convenience of those who are hopefully contemplating its acquisition. Chapter 1 covers–international practice; 2–international commercial transactions; 3–international financing; 4–political risk insurance; 5–international payment methods; 6–secured transactions; 7–electronic commerce; 8–intellectual property rights; 9–international antitrust law; 10–securities law; 11–U.S. taxation of international transactions; 12– environmental law; 13–customs law; 14–export controls, sanctions, and anti-boycott laws; 15– the U.S. Foreign Corrupt Practice Act; 16–government procurement; 17–trade remedies and benefit programs; 18–legalization of documents for use abroad; 19–international litigation; 20–international commercial arbitration; 21–creditors’ rights and bankruptcy; 22–foreign investment in the United States; 23–immigration; 24–international labor and employment law; 25–wills, trusts, estates, and related taxes; 26–family law; and 27–selecting and working with foreign counsel. This is a veritable research dream, for both novices and veterans, who seek excellent guidance from such knowledgeable practitioners on the front lines of international practice. Publishers
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