formerly
United Nations Decade of International Law

Note: We use page numbers only for PDF version of the Newsletter.
Next Newsletter: Winter '08

CORNELL KUDOS: On behalf of the entire UN21 section, I thank the Cornell Law School Law Library, and its staff, for the unyielding support that it has demonstrated in the years that it has hosted our section's UN21 Newsletter. All thirty-eight issues are thus available at <http://library.lawschool.cornell.edu/asil>. On my own behalf, I would like to especially thank Sasha Skenderija for his enduring and consistent attention to detail, in his capacity as our long-term webmaster—without whom this continuing project would not be possible.

Further details about the Cornell Law Library are available at: <http://library.lawschool.cornell.edu/WhoWeAre/Partners/>, which references UN21, and the IALL website, at <http://www.iall.org>.

CORELL KUDOS: The Annual Meeting in Washington, DC was well-attended. During the awards segment of the general meeting, Chair Itzchak E. Kornfeld presented Ambassador Hans Corell with an award from our UN21 section. Members thereby thanked Ambassador Corell for his long-time service and dedication to this particular ASIL interest group—having its roots in his support of the creation of this group in 1992 and during the period (1994-2004) when he was Under-Secretary-General of the United Nations. Hans has been perhaps the most frequent attendee at our annual section business meetings. He is now back in Sweden and, as you can see <http://www.havc.se>, busy as ever.

• 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 (NYC), 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 at our 1995 Business Meeting in New York, on the occasion of the 50th Anniversary of the United Nations. Since then, I have included it in each issue of our UN21 Newsletter.

NOTICE: This prominent feature of every Newsletter was the subject of an attempt to revise it. While several revisions were suggested, forwarded via Newsletter and e-mail attachments, the former Chair (me) was not charismatic enough to convince members to respond and participate in making changes to our already quite serviceable statement of purpose. So it is not my intent to push further on this project, unless another UN21 member decides to renew interest in this project—-i.e., via e-mails via our group listserv at <ASIL_UN21IG@lists.asil.org>. Our current, and unchanged, list of interest group objectives will continue to appear, as it does immediately above, thanks to the suggestion of long-term member and supporter Howard Meyer (NYC).

Lilian del Castillo-Laborde (Buenos Aires): her Ro de la Plata and its Maritime Front Legal Regime has just been published by Martinus Nijhoff Publishers in The Netherlands (March 2008).

Hans Corell (Stockholm): received the ASIL UN21 Distinguished Service Award, at the April 2008 Annual Meeting for his support of this section's work since its inception in 1992 (see Editor's Message above).

William Slomanson (San Diego): spoke on Kosovo's Dependent Independence and/or American Judges Against Judicial Independence at the Moscow State University World Politics Association, Moscow State University American Legal System Class, the Russian Academy of Foreign Trade, and the USAID's American Center Moscow (March 2008).

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. A " ° " bullet signals a book that was not reviewed, but definitely worthy of mention. Price: EUR = Euro; GBP = Pounds; USD = US Dollars.

---

Careers

ASIL, Careers in International Law—A Guide to Career Paths in International Law 2007/2008 Edition (ASIL: 2007) [paper: 106]. Price: not given.

            This book is an annually updated guide to assorted career paths in International Law. After an informative introduction by the former U.S. judge on the International Court of Justice (Schwebel), it features sections on: Practice Settings; Practice Areas; Networking; Internships; Fellowships; and Pro Bono. Its numerous entries in each of these areas is not only comprehensive, but also penned by leaders in their respective fields.

            It is a “must,” especially for the novice lawyer in search of a well-coordinated collection of indispensable sources, one may thereby obtain a bird’s-eye view of the otherwise obscure terrain when one is hunting for that first job, or the first one in International Law. Careers contains an especially lucrative inventory of internships which offer salaries, stipends, or cost reimbursement.

Salli A. Swartz (ed.), Careers in International Law (3d ed. ABA: 2008) [paper: 234] 1-59031-948-2. Price: 69.95 USD.

            This is a handy tool for law students and attorneys interested in a career in International Law. It includes sections written by attorneys working in the field, who share their experience and offering invaluable tips. It is edited by an experienced transnational lawyer who a member of the Paris and Pennsylvania Bar Associations.

            The various parts include: Part One—Foreign Practice; Part Two—Private Sector; Part Three—Public Sector; Part IV—Practice Tips and Methodology; Appendix A—Studying Abroad; and Appendix B—Internet Resources.

            This work is especially suitable for the practice-bound lawyer, with its illustrations of the diverse career paths one may consider in the pursuit of an international practice. The authors generally live and practice in their respective arenas, thus providing local on-the-job tips about How To Do It, i.e., getting from where you are to “there.”

Collections

Christopher J. Borgen (ed.), A Decent Respect to the Opinions of Mankind: Selected Speeches by Justices of the U.S. Supreme Court on Foreign and International Law (ASIL: 2007) 0-9729423-7-8. Price: Not Given                        

            This incredibly timely selection of speeches by U.S. Supreme Court Justices evinces the long-term history of judicial references to international decision-making. Each entry is a formal address delivered at an Annual Meeting of the American Society of International Law.

            This series of speeches commences with the 1922 Address by Chief Justice William Howard Taft; followed by Chief Justice Charles Evans Hughes’ 1931 Address; Justice Owen J. Roberts’ 1943 Address; Justice Robert H. Jackson’s 1945 Address; Justice Robert H. Jackson’s 1949 Address; Justice Robert H. Jackson’s 1952 Address; Justice Harry A. Blackmun’s 1994 Address; Justice Sandra Day O’Connor’s 2002 Address; Justice Stephen G. Breyer’s 2003 Address; Justice Antonin G. Scalia’s 2004 Address; and finally Justice Ruth Bader Ginsberg’s 2005 Address.

            Although Supreme Court members, as well as other federal judges, have noted the value of foreign resources, this source of customary international law came under attack as of the 2002 Roper v. Simmons juvenile death penalty case. Justice Scalia’s 2004 speech stands in stark contrast to the perspectives expressed by his contemporaries—especially those of Justices O’Conner (2002), Breyer (2003), and Ginsburg (2005) in their reprinted addresses to the ASIL.

            Some might not have this skirmish on their radar; or alternatively, they might be intensely emerged in this flourishing judicial independence debate. In either event, Prof. Borgen’s perfectly timed collection of speeches provides exactly the detail one needs to be a direct and informed participant.

Corporations

Stephen Tully, Corporations and International Lawmaking (Martinus Nijhoff: 2007) [508] 1-57105-3372-5. Price: EUR 125; 125 USD.

            This book offers a comprehensive analysis of corporations in the context of International Law. It is a veritable research dream, given its painstaking array of authorities offered in support of its well-written, and authoritative assessment of the impact of the corporation in its role as a non-State actor on the international stage.

            Its six chapters, which are conveniently divided into very readable subsections, commences with its Chapter One introduction regarding governmental regulation of corporations. Chapter Two succinctly yields an historical perspective on corporate participation in the international legal order. Chapter Three addresses corporate involvement in the evolution of both Customary International Law and “Soft” International Law. Chapter Four assesses corporations in the context of treaty formation and implementation. Chapter Five summarizes corporations in the context of the settlement of international disputes. Chapter Six concludes with assessments of corporate consciousness, relationships with NGOs, and developing country governments.

            The high-utility annexes include the relevant procedural context from U.N. and other organizational perspectives, such as WTO treatment of amicus briefs from corporate resources. This book’s usefulness is augmented by an incredibly complete bibliography (last quarter of the book). No library collection would be complete without this remarkable contribution to the literature about corporations as actors in International Law.

Corruption

Diana Rodriguez and Linda Ehrichs (eds.) Global Corruption Report 2007: Corruption in Judicial Systems (Cambridge: 2007) [paper: 372] 0-521-70070-2. Price: 39.99 USD.

            This is a Transparency International project (TI’s international secretariat is in Berlin). It is an expose which examines corruption in the judicial process. Its neatly divided three parts are as follows: Part One is entitled Comparative Analysis of Judicial Corruption. That segment analyzes independence, political interference, accountability and competence of judges, and lessons learned about fighting judicial corruption. Part Two presents the thirty-seven individual Country Reports, each written by an expert in the local venue. Its diverse geographic range covers all continents and judicial systems. Part Three contains dynamic analyses of corruption research, cast in terms of the varied circumstances which lend themselves to bad apples spoiling barrels. The editors fortunately did not overlook the U.S., a defect in some prior studies of this problem.

            The Report assembles the work product of numerous scholars, legal professionals, and activists from the far corners of the globe, all of whom have contributed succinct but authoritative assessments of judicial corruption, its causes, and potential remedies. It is an exceedingly outspoken and objectively presented assessment which will, one hopes, preach not only to the choir, but also to decision-makers who are in a position to implement its pay now or pay later strategies.

Extradition

Clive Nicholls QC, Clare Montgomery QC, and Julian B. Knowles, The Law of Extradition and Mutual Assistance (2d ed. Oxford: 2007) [807] 0-19-929899-0. Price: Not Given

            This revised evaluation of extradition and mutual assistance focuses on the post 9-11 era. The first of two parts (Extradition, then Mutual Assistance) offers the traditional but quite informative overview. It quickly unmasks the gist of one’s liability to extradition; extraditable offences; the territorial reach of the British Extradition Act of 2003; the general extradition process and case categories; the rather intriguing human rights considerations; and numerous other specifics of the British extradition process. It offers a glimpse of the European Arrest Warrant, as well as the sensitive issue of extradition to international criminal courts.

            The Second part covers the details of international cooperation in criminal matters; U.K. assistance requests to foreign countries; requests by the latter to the U.K.; and cross-border surveillance. One also is herein schooled in international information systems; mutual legal assistance institutions—including lessons in service of process, transfer of prisoners, ability to obtain evidence for extradition-related investigations, and matters involving confiscation and forfeiture.

            While focused on the U.K., this comprehensive reader—coupled with its nearly half book of supportive appendixes—would be a striking addition to any library with readers desiring reliable guidance about all matters of extradition.

Force

Jordan R. Paust, Beyond the Law: The Bush Administration’s Unlawful Responses in the “War” on Terror (Cambridge: 2007) [paper: 311] 0-521-71120-3. Price: 85 USD (hard cover].

            Jordan Paust is perhaps the most authoritative legal critic of the Bush Administration’s War on Terror. His background as a Judge Advocate, when he served in the U.S. military, was no doubt a factor in the quality of response one gleans from his numerous, cutting-edge assessments. This book is no exception. Its fresh perspectives critique the detainee interrogations at Guantanamo and elsewhere in the world.

            This riveting legal account of what the author labels as abuses of power, assesses them in terms of the executive authorization to violate the log-standing International Humanitarian Law restrictions on treatment and interrogation of detainees; secret detentions and renditions; manipulating the concepts of war and enemy combatant status; encouraging judicial methodology in the determination of such status, and ignoring the rights of persons detained without trial. It is an account of executive claims of unbridled power; and establishment of military commissions in a manner contrary to all pre-911 applications.

            While many of the underlying themes were previously exposed and argued (e.g., by the same author in other academic contexts), this particular account conveniently assembles the best of the research, reality, and rhetoric that one could muster to fulfill the quintessential purposes of penning a durable account that is currently informative, and being likely destined to be the beacon for those who must live with the consequences.

° Wayne McCormack, Understanding the International Law of Terrorism (LexisNexis: 2007) [paper: 455] 1-4224-1775-1. Price: Not Given

Human Rights

Ralph Henham, Paul Behrens (eds.), The Criminal Law of Genocide: International, Comparative, and Contextual Aspects (Ashgate: 2007) [283] 0-7546-4898-7. Price: 99.95 USD.

            Given the contemporary attention to, and declarations about, genocide—in Darfur and other regions of the world—this collection of individually-authored essays is particularly timely. It of course offers an overview of genocide, but does so in an especially comprehensive, succinct, and readable style.

            This reference tool is divided into five parts. Part One opens with historical perspectives regarding the Armenian Genocide; and the role of the underlying criminality by the Nuremburg Tribunal; Part Two contains case studies about Darfur, Sudan, and Rwanda. Part Three includes the relevant jurisprudence of the International Ad Hoc Tribunals; and topical analyses of genocidal sexual violence against women, and freedom of speech versus hate speech, as they relate to incitement to commit gencide. Part Four analyses both international and domestic prosecutions of genocide, within the context of proceedings before the International Criminal Court, the ICTR, and Cambodia. Part Five covers prevention, alternative justice solutions, and sentencing in U.N., Rwanda, and ICTY contexts.

            No library collection on human rights and/or genocide would be complete without this contemporary, well-conceived, and authoritative assessment of the many faces of genocide.

International Criminal Court

Cyril Laucci, The Annotated Digest of the International Criminal Court: Volume 1, 2004-2006 (Martinus Nijhoff: 2007) [978] 90-04-16311-9. Price: EUR 195; 278 USD.  

            This book divides its coverage o the court’s work product into three main parts. Part One yields a handy copy of the Statute of the International Criminal Court. Part Two provides the Rules of Procedure and Evidence. Part Three furnishes the Regulations of the Court.

            It also contains some incredibly useful listings. The first is a List of Reviewed Decisions—by case name and date—for Pre-Trial, Trial Chamber, and Appeals Chambers. These cover proceedings involving the Congo (206 total), Uganda (21); Central African Republic (3), and Sudan-Darfur (6), all through 2006. This list is followed by a Thematic Index, so that the researcher may more readily access content via its alphabetized case subject themes. One can, for example, thereby obtain instant access to the decisions involving I.C.C. “Jurisdiction” in its various incantations. The last list is an intelligently organized Table of Contents, which refers the reader to the various segments of this book’s Rome Statute and its accompanying Rules and Regulations.

            This is the first in what is sure to become a prominent series of volumes about the work of the I.C.C. Researchers will be delighted that this Volume 1 is dedicated to having the Rome Statue, Evidence Rules, and Regulations all within a single deft volume.

Law of the Sea

David Anderson, Modern Law of the Sea: Selected Essays (Martinus Nijhoff: 2008) [623] 90-04-15891-7. Price: EUR 195; USD 279.

            This collection of thirty-six essays consists of selected lectures and previously published essays, written between 1988 and 2006. It provides comprehensive coverage of the Law of the Sea in its six parts. Part One: Development of the Modern Law of the Sea; Part Two: UN Convention on the Law of the Sea; Part Three: Implementation Agreement of 1994; Part Four: Implementation Agreement of 1995; Part Five: Delineation of Maritime Boundaries; and Part Six: The Settlement of Disputes.

            The selected texts analyze key UNCLOS provisions, their historical evolution, and many of the substantive rules of decision covered by this constitution of the oceans. Its compiler is the former Legal Advisor to the Foreign and Commonwealth Office (1960-1996), and later a judge of the International Tribunal for the Law of the Sea (1996-2005). He is thus in an unusually good position to select the best of the best spoken or written commentaries about the Law of the Sea—and during perhaps the most important period of the evolution of the U.N.’s arguably most successful multilateral treaty project.

Muslim Culture

Sherene H. Razach, Casting Out: The Eviction of Muslims From Western Law & Politics (Toronto: 2008) [paper: 250] 0-8020-9497-1. Price: GBP 35; USD 60.

            This conspicuously provocative critique examines the perspective that the West is effectively propelling Muslims into oblivion. It yields a rich theoretical perspective about an interpretation of world events spawned by and since 9-11. Part One of this fascinating reader portrays the author’s assessment via its title: “ ‘Dangerous’ Muslim Men.” This segment provides rather vivid imagery, for example, “Your client has a profile’ and “If it Wasn’t for the Sex and the Photos,” regarding the Abu Ghraib disgrace. Part Two is entitled “ ‘Imperilled’ Muslim Women.” It yields a dissection of women as “imperialists,” in terms of today’s post-9-11 geopolitics and culture clash; nurtured by the themes contained in “The Muslims are Coming: The ‘Sharia Debate’ in Canada” segment of this graphically depicted eye-opener.

            The author notes that just as Jews were marginalised in Nazi Germany, Muslims are becoming contemporary untouchables. This analysis thus focuses on contemporary racism, and the interlocking roles played by feminism, redefined religious identity, and micro-processes, all leaning toward Muslims being precluded from being “at the table.”

Nationality

Mohsen Aghahosseini, Claims of Dual Nationals and the Development of Customary International Law: Issues Before the Iran-United States Claims Tribunal (Martinus Nijhoff: 2007) [302] 98-04-15698-2. Price: Eur 95; 136 USD.

            This is a comprehensive review of a slice of the Iran-United States Claims Tribunal’s jurisprudential output. Its raison d’etre is to explore the customary practice whereby a dual national may not invoke the assistance of one of his States of nationality against the other.

            Chapter One offers a succinct but authoritative overview. Chapter Two summarizes earlier awards by the various chambers. Chapter Three provides a representative case before the Full Tribunal. Chapters Four through Seven present a general assessment of the decision-making process, and the criteria of “dominant nationality.” Chapter Eight illustrates the likely impact of the Tribunal’s jurisprudence.

            As issues involving international claims by dual nationals are on the rise, this analysis is not only timely; it is also a quite adept “teasing out” of the various nuances one must appreciate to successfully navigate this particular legal minefield. One who seeks reliable guidance on this feature of the Tribunal’s work is fortunate, indeed, to have at hand the personal viewpoint of a member of the Iran-U.S. Claims Tribunal (seated since 1990).

Organizations

Catherine Brölmann, The International Veil in Public International Law: International Organisations & The Law of Treaties (Hart: 2007) [313] 1-84113-634-9. Price: GBP 45.  

            Professor Brölmann’s analysis vividly portrays the tension between international organizations and the historical prevalence of the state-based system of International Law—in the context of a “corporate veil” analogy drawn from the treatment of corporations under national law.

            Part One casts international organizations in their role as show-stealing legal actors on the international stage. Its chapters address the inherent nature of such organizations, as they have emerged during the “United Nations Era.” Part Two “unveils” their role in modern treaty practice. It includes hard-hitting and well-reasoned chapters on international organizations as a forum for treaty-making, their constitutive treaties, and their treaty-making powers. Part Three places international organizations and the conventional law of treaties in juxtaposition, for an inside glimpse of what they do and how they do it. The chapters include discussions of the attempts to secure a codified law of treaties for international organizations, focusing on the 1986 Vienna Convention on the Law of Treaties Between States and International Organizations or Between International Organizations.

            Given the robust evolution of the law of treaties, as between States, this expose is a welcome addition to the literature questioning delays with doing the same for international organizations. This book is a necessary title for any library (or personal) collection which focuses or touches upon the increasingly overlapping State and organizational treaty regimes.

Practice

Shabtai Rosenne, Essays on International Law and Practice (Martinus Nijhoff: 2007) [682] 90-04-15536-7. Price: EUR 149; 201 USD.

            This book compiles selected essays by the author, which were designed for those seeking expert guidance on international practice. There are five sections to the book. Part One is entitled International Litigation and Courts; Part Two, The Law of Treaties; Part Three, Law of the Sea; Part Four, International Responsibility; and Part Five, some of the author’s other miscellaneous works.

            The great esteem to which this author is entitled is in part linked to these essays—and the many other offerings which were forged during his career. It is thus fitting that a Dutch publisher should make this handy volume of Rosenne’s practical tips available for those who would hope to follow in his footsteps, and in need of reliable guidance on the many features of practice in the International Court of Justice.

Teaching

° John E. Noyes, Laura Dickinson, Mark W. Janis (eds.) International Law Stories (Foundation: 2007) [978] 1-59941-086-9. Price: Not Given

Vaughan Lowe, International Law (Oxford: 2007) [298] 0-19-923083-9. Price: Not Given.

            This summary of International Law is divided into nine chapters. Chapter One: Introduction and Overview; Chapter Two: How International Law is Made; Chapter Three: Principles of the International Legal System; Chapter Four and Five: States; Chapter Six: Global Economy; Chapter Seven: Environment; Chapter Eight: Use of Force; and a final chaptered Postscript.

            Its content yields a fast (meaning enjoyable) read. It is well-written and researched. This short survey would be a useful reader to supplement a multiple-unit casebook approach, or for professors of related courses who want to provide their students with a succinct but reliable rendition of the essentials.

Trade

° Raj Bhala, Dictionary of International Trade Law (LexisNexis: 2008) [paper: 690] 1-4224-1942-7. Price: not given.

° Zeray Yihdego, The Arms Trade and International Law (Hart: 2007) [357] 1-84113-746-9. Price: GBP 50.

United Nations

Simon Chesterman, Thomas M. Franck, David M. Malone, Law and Practice of the United Nations (Oxford: 2008) [paper: 648] 0-19-530843-3. Price: None Given

            This handy reference tool is a one-stop shop, and chock-full of vividly depicted details regarding the U.N.’s primary documents—accompanied by formidable explanations and commentary by authors who need no introduction.

            This resource is organized into four parts. Part One, entitled Relevance, assesses the U.N. Charter, while tweaking prior analyses of the hard cases involving Iraq and Kosovo. Part Two, entitled Capacity, covers the organization’s ever-fascinating legal status, as well as that of its Secretary-General, Secretariat, and Membership. This section would be incomplete with out a chapter of global interest—on financing. Part Three covers more of the day-to-day operation of the U.N. It carries chapters on conflict prevention, peace operations and peace building, the U.N. sanctions regime, economic development, self-determination, human rights, and humanitarian assistance. Part Four addresses Accountability, which includes chapters about organizational immunity and responsibility, the practical elements of U.N. accountability, and U.N. reform. Appendix A provides the Charter of the United Nations. Appendix B is the I.C.J. Statute.

            This book’s tables and various charts provide convenient access to content. This publication would thus suit various needs: it could serve as a general reference tool; a supplementary reader for professors focusing on the U.N.; or perhaps a replacement text for Prof. Sohn’s 1967 U.N. coursebook.

UNESCO, Standard-Setting in UNESCO: Volume II, Conventions, Recommendations, Declarations and Charters adopted by UNESCO (1948–2006 (Martinus Nijhoff: 2007) [760] 90-04-16454-3. Price: EUR 250; 357 USD.

            This second of two volumes offers a comprehensive overview of the constitutional functions of UNESCO. Part One is entitled Conventions and Agreements of Standard Setting nature Adopted Either by the General Conference or by Intergovernmental Conference Convened Solely by UNESCO or Jointly with Other International Organizations. Part Two is entitled Recommendations Adopted by the General Conference. Part Three contains Declarations Adopted by the General Conference. 

            This exhaustive collection conveniently collates a vast swath of UNESCO’s work product. It is a “must have” for all libraries which feature U.N. materials, given its complete text of all UNESCO instruments through 2006.