formerly
United Nations Decade of International Law

Note: We use page numbers only for PDF version of the Newsletter.
Next Newsletter: Spring '10

Greetings! This is an especially rich issue. We offer the usual array of book reviews, and some member news (many of you are too modest about sharing news of your various accomplishments). We are pleased to feature the views of Ambassador Hans Corell, former Under Secretary General of the UN, on "Ethics, Rule of Law and Human Rights."

The ASIL is enthusiastically recovering from the embezzlement by a former Tillar House employee. The ASIL has not solicited donations to recoup the $400,000.00 it thus lost. However, you might send the Society $100.00, as I have, or whatever amount you deem appropriate. This is of course a personal plea, and not that of any entity within the ASIL.

See the YOUR TURN feature at the close of this (and each) Newsletter. That yields an opportunity to raise questions, make comments, etc., on any matter of interest to you and this section of the ASIL.

• 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.

Dr Zeray Yihdego (England):

Appointments-Lecturer in Law, Headington Hill Hall, Oxford England. 

Presentations-(1) Egmont Conference: The EU's Role as an International Actor, Brussels, April 2008; (2) Oxford: Darfur Symposium, December 2008; and (3) Brookes University: On the Humanitarian Law Aspects of the Gaza Armed Conflict of 2009, March 2009.

Publications-Book: The arms trade and international law (Hart, Oxford, 2007); Journals: (1) Darfur and Humanitarian Law: the Protection of Civilians and Civilian Objects, Journal of Conflict and Security Law (Oxford Univ. Press, 2009) [in press]; (2) The EU's Role in Restraining the Unrestrained Trade in Conventional Weapons, 10 German Law Journal 281 (2009) (peer-reviewed e-journal); (3) Arms Trade and Public Controls: the Public's Right to Information Perspective, 59 Northern Ireland Legal Quarterly 379 (2008); and (4) Arms Sales and Parliamentary Controls: The Role of the Quadripartite Committee, 61 Parliamentary Affairs 661 (Oxford University Press, 2008).

William Slomanson (USA):

Presentation-(1) Kiev University: Kosovo v. South Ossetia and Abkhazia: Legitimate Secessions?, Oct. 14, 2008; and (2) University Faculty Roundtable: Kosovo, South Ossetia/Abkhazia: Beginning of Cold War II?," Oct. 15, 2008.

Publications-(1) American Judges Against Judicial Independence, 11 Ukrainian Journal of International Law 235 (2008); (2) As Prop. 8 Debate Rages at Home, the U.N. Considers Gay Rights, Los Angeles and San Francisco Daily Journal, Feb. 24, 2009, p. 6, online at:   <http://slomanson.tjsl.edu/10.3_GLBT_UN.pdf>; and (3) Introductory Note to International Criminal Court: Summary of the Prosecutor's Application for Arrest Warrant of Arrest Against Omar Hassan Ahmad al-Bashir, 47 Int'l Legal Mat'ls 829 (2008).

NEW YORK STATE BAR ASSOCIATION
International Law and Practice Section
Seasonal Meeting 2008

"Ethics, Rule of Law and Human Rights"

Address by

Ambassador Hans Corell
Former Under-Secretary-General for Legal Affairs
and the Legal Counsel of the United Nations
Consultant at Mannheimer Swartling

Grand Hotel, Stockholm
20 September 2008

Mr. Chairman,
Colleagues and friends:

                The topic of our discussion this morning is "Ethics, Rule of Law and Human Rights." I will attempt to address all these three elements and in particular focus on how the responsibility for realizing them should be distributed between the national and international level.

                In the debate one often hears criticism of international institutions. It is said that they are not living up to their responsibilities. The United Nations, in particular, is subjected to this kind of criticism. In an address a couple of years ago I focused on this dilemma, asking the question: who needs reforming the most-the United Nations or its members.^[1] And I am sure that you can already guess the answer. The United Nations could certainly do better, but much of the criticism of the Organization should be directed at its members. It is actually the members that need reforming the most.

                In my presentation today, I will make the following three points:

                • There is an ethical element when it comes to applying the law both at the national and international level that needs to be strengthened.

                • One of the most important objectives mankind should be striving for is the observance of the principles of the rule of law both at the national and international level.

                • True rule of law is not possible without diligent observance of internationally recognised fundamental human rights.

The Ethical Element

 One of the fundamental principles of international law is expressed in the Latin concept pacta sunt servanda-agreements must be honoured. This principle is actually respected for the most. The simple reason for this is that it is in the interest of states to abide by their commitments in order to be able to conduct their business in an orderly manner.

                However, when it comes to questions of state sovereignty and what is perceived as security matters, the climate often hardens. Based on their experiences from two world wars in the last century, states decided to establish the United Nations, an organization in which almost every sovereign state is a member today-192 to be exact.

                The UN Charter is legally binding. As all international law it actually trumps national law, including national constitutions. If a state has concluded an international agreement, the state in question is bound by that agreement in relation to other parties to the treaty. Detailed rules about this are laid down in the Vienna Convention on the Law Treaties. With respect to the UN Charter there is also a provision (Article 103) that says that "in the event of a conflict between the obligations of the Members of the United Nations under the present Charter and the obligations under any other international agreement, their obligations under the present Charter shall prevail".^[2] 

                However, in the debate you sometimes hear people in responsible political positions belittling international law, claiming that it constitutes an infringement on state sovereignty. That is a great misconception. When states enter into international agreements they actually exercise their sovereignty.

                Let me share a recent experience with you. I had the privilege of assisting the InterAction Council of Former Heads of State and Government that their 26^th Annual Plenary Session in June this year. The Council has some 30 members from all over the world, among them former Presidents Jimmy Carter ad Bill Clinton, although they were not present this time. On this occasion 22 of them participated. One of the topics they discussed was "Restoring International Law: Legal, Political and Human Dimensions." The Plenary was preceded by a High-level Expert Group Meeting, from which the Chairman produced a report that was endorsed by the Plenary.^[3]

                In their Final Communiqué, issued on 27 June 2008, the InterAction Council made a number of recommendations.^[4] Among those were the following two:

                • States must acknowledge that the challenges mankind faces must be addressed through multilateral solutions within a rule-based international system;

                • Insisting that states observe scrupulously their obligations under international law, in particular the Charter of the United Nations and encouraging the leading powers to set an example by working within the law and abiding by it, realising that this is also in their interest.

                And yet we see flagrant violations of some of the core obligations in the Charter, in particular the rules that lay down the conditions under which use of force may be resorted to.

                Many events over the last few years have demonstrated that states are not fully committed to act in accordance with their international obligations. One could mention the illegal attack on Iraq, the failure to act with sufficient determination in Darfur, Zimbabwe and Myanmar. Much of the situation in the Middle East has its root causes in violations of international law, or the application of this law with double standards. The latest sad experience is Russia's attack on Georgia.

                This situation simply must come to an end. The challenges that mankind is facing today have probably never been greater. The combined effect of the shifting geopolitical focus on the globe, climate change, and the growing world population constitute a threat that must be addressed with the utmost care. This can be done only by strict adherence to an international rule-based system.

                We can then ask the question: what is the role of the lawyers in this field?

                The professional ethics in the legal profession is a topic that is often discussed-as it should be. Also this issue was discussed by the InterAction Council. In the Chairman's report, it is observed that recent experiences point to the need for members of the legal profession to strictly observe the professional and ethical standards that are fundamental to their vocation and that their role should be respected. This resulted in the following recommendation, endorsed by the Plenary:

                • Respecting that members of the legal profession and in particular those who give advice in matters relating to international law have an obligation to strictly observe the professional and ethical standards that are fundamental to their vocation.

                Since our meeting is a NYSBA event it is noteworthy that this matter has been raised also at the national level in the U.S. I could exemplify by referring to William H. Taft IV, the former Legal Adviser of the State Department. In an address at Yale University on 4 March 2006 he gave a lecture under the title "View from the Top: American Perspectives on International Law After the Cold War." In his lecture, he criticised members of the legal profession in the following words:

Bearing an abstract hostility to international law, developed in the sheltered environment of academic journals, and equally unfamiliar and unconcerned with our broader policy interests in promoting respect for the rule of law, among states as well as within them, these lawyers proposed to create a regime in which detainees were deprived of all legal rights, and the conditions of their treatment were a matter of unreviewable executive discretion. Why lawyers, of all people, should want to establish the point that such a lawless regime could legally exist, even as a theoretical matter, much less recommend that one actually be created, is, I confess, beyond me, and in itself is a sad commentary on the extent to which sophistry has penetrated what used to be widely regarded as an honorable and learned profession.^[5]

                Ethical issues are omnipresent. But when we have to deal with the unprecedented challenges that mankind is facing today they become even more insistent. The factors that I just mentioned-the changing world economy, climate change and the growing world population-will put extremely heavy demands on decision-makers around the world.

                How do we use the resources of the globe? This question involves ethical considerations not only with respect to the existing world population but also among the present generation and coming generations. A translation of the CO2 emissions in the world in per capita emissions demonstrates a glaring inequality. The U.S. alone, representing 4.5 per cent of the world population, is responsible for 25 per cent of the total emissions. Expressed in other terms the CO2 emissions in the U.S. were some 20 tonnes per capita in 2002. The corresponding figure for Sweden was some 6 tonnes. China and India were slightly above 2 and slightly above 1, respectively.^[6] Surely, China and India and many developing countries will increase their contribution considerably in the years to come. Are we prepared to lower our contribution?

                The Doha Round just collapsed, partly because of national interest in Europe, India and the U.S. This also points to a democratic dilemma: the politicians are dependent on the electorate as they should be. But the electorate has a tendency to look very narrowly at its own interests with the result that there is limited room for compromise in intergovernmental negotiations.

                And what will happen if climate change leads to increased migration? Are we prepared to receive a growing number of immigrants who may have to leave their countries for environmental reasons? Already now there is a fence between Mexico and the U.S. In Sweden we are noticing tendencies of hostility towards immigrants and we may have a new party with very determined views on this topic, if I put it euphemistically, in our Parliament after the 2010 elections.

                Ultimately, standpoints in these matters will have to be translated into legislation or decisions of an administrative or judicial nature. As lawyers, we will be involved in this activity in one way or the other. It is important that we do not lose our moral and ethical compass.

Observance of the rule of law both at the national and international level

I will now address my second point: the importance of observing the principles of the rule of law both at the national and international level.

                There are many who are looking for an agreed definition of the rule of law. Personally, I do not believe that one should devote too much time to this exercise. It is better to identify some fundamental elements that constitute components of a society under the rule of law.

                Looking at the national level, I maintain that at least four elements are necessary to establish a society under the rule of law: (1) democracy; (2) proper legislation respecting international human rights standards; (3) institutions to administer this law; and (4) individuals with the necessary knowledge and integrity to handle this administration.

                Correspondingly, at the international level the precondition is that international law is respected and that the principle pacta sunt servanda is honoured. This applies in particular to the UN Charter and its rules that forbid the use of force against the territorial integrity or political independence of any state, unless certain conditions are met.^[7] 

                But the rule of law can be expressed also in other terms. An interesting example is the definition that was used in the World Justice Forum, organised by the ABA in Vienna last July. We just heard a presentation by Kathryn Grant Madigan, past president of NYSBA, of the Role of Law Index, which I think is a tremendous achievement.^[8]

                In that context a working definition of the rule of law is used that comprises four universal principles: (1) the government and its officials and agents are accountable under the law; (2) the laws are clear, publicized, stable and fair, and protect fundamental rights, including the security of persons and property; (3) the process by which the laws are enacted, administered and enforced is accessible, fair and efficient; and (4) the laws are upheld, and access to justice is provided, by competent, independent, and ethical law enforcement officials, attorneys or representatives, and judges, who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.

                It is important to emphasize that the Rule of Law Index is not to name and shame but to assist states in identifying elements in their legal system that need to be attended to, maybe through legal technical assistance (or pro bono assistance as you sometimes call it). And this is where lawyers in other countries may be able to help. Maybe members of NYSBA?^[9]

                Obviously, many countries have a long way to go before it can be said that they observe those principles. In many cases the reason is that there is a lack of competence and resources at the national level. But the explanation could also be that the existing administration of the country is well aware that they would be out of business if rule of law and democracy were introduced.

                In the United Nations, the question of the rule of law has increasingly come to the forefront. The General Assembly has discussed it on several occasions. Of particular significance is the so-called Summit resolution, adopted in September 2005. In this resolution Member States recommitted themselves to actively protect and promote all human rights, the rule of law and democracy.^[10] Also the Security Council has engaged itself in this field for the simple reason that the rule of law has become a prominent element in peacekeeping and peacebuilding operations. In this context I never fail to quote a presidential statement, adopted by the Security Council on 22 June 2006:

The Security Council reaffirms its commitment to the Charter of the United Nations and international law, which are indispensable foundations of a more peaceful, prosperous and just world. ^[11]

                But it is sad to note that Member States too often do not live up to those proud declarations and commitments. It goes without saying that the permanent members of the Security Council have a special responsibility in this context. If they do not live up to the standards that they themselves have agreed upon they cause tremendous damage to our common effort to achieve peace and security in the world.

                By way of example, the U.S. attack on Iraq in 2003 and the Russian Federation's attack on Georgia little more than a month ago are disastrous.  The Security Council has been entrusted with the primary responsibility for the maintenance of international peace and security. In carrying out its duties under this responsibility the Council acts on behalf of the Member States.^[12] It goes without saying that the members of the Council, and in particular the permanent members, must abide scrupulously by the UN Charter. What signal does the behaviour of the two states mentioned send to the world?

                At the national level, there should be more focus on the establishment of a state under the rule of law. One way of achieving this is through legal technical assistance. The World Justice Project launched by the ABA is one effort of this kind. Let me just express the hope that it will be an effective contribution to our common effort.

                The dilemma is of course that assistance originating in states that themselves do not demonstrate a highly recognised performance in this field will not be credible. Many countries fall short here, including countries from which one would be entitled to expect better. Probably nobody is above criticism here.

                 Therefore, the moral and ethical side of the work for the rule of law has to be put at the centre. One lesson we should have learnt from the past is that without the rule of law and ultimately democracy there is no way that we will be able to create a peaceful world. Why is it so difficult to take this knowledge to heart and act accordingly?

Diligent observance of internationally recognised fundamental human rights

I now come to the third main point: the connection between the rule of law and human rights.

                In this context it should be noted that the definition of the rule of law may become an issue. Among the many suggestions for such a definition there are those that are quite elaborate ("thick denotions") and those that are more narrow ("thin denotions"). Some of these definitions are based on the precondition that the rule of law cannot exist unless there is democracy.  Others are more "open" in this respect.

                In my view, a true rule of law system can only exist in a democracy. But this does not disqualify a country that is not a democracy from working in this direction. Quite the opposite!

                To the forefront comes the legislation of the country in question. In a modern society the concept of the rule of law cannot be "neutral" with respect to the contents of the law. On the contrary, international obligations that states have undertaken form a very important framework with which national legislation has to conform.

This applies in particular to the field of human rights. A quick glance at the rate of acceptance of the most central treaties for the protection of human rights shows the following:^[13]

                • The International Covenant on Economic, Social and Cultural Rights-157 parties

                • The International Covenant on Civil and Political Rights-160 parties

                • The Convention on the Elimination of All Forms of Discrimination against Women – 185 parties

                • The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment-145 parties

                • The Convention on the Rights of the Child-193 parties (but not Somalia and the U.S.)

                In addition, the Universal Declaration of Human Rights has now acquired the status of customary international law, which means that this Declaration, adopted through a General Assembly resolution, is a binding on all states. We celebrate this year the sixtieth anniversary of this important document.^[14]

                Considering that that there are 192 Member States of the United Nations, this means that a very large part of the state community and in two of the cases quoted almost the whole state community is bound by treaty law to respect the rights laid down in those treaties. And all states are bound to respect the rights protected by the Declaration.

                In practical terms, this means that no legislation at the national level can be enacted without a thorough examination of how the contemplated legislation relates to these international obligations. From personal experience I recall that during my years in the Swedish Government Office and, in particular, during my years as the Legal Adviser of the Ministry of Justice and later of the Ministry for Foreign Affairs there were officers designated to review every piece of draft legislation with what I used to call "the human rights spectacles."

                When the UN was charged with governing Kosovo and later East Timor, I introduced the same system in the UN Office of Legal Affairs. The Special Representatives of the Secretary-General in these two regions were not authorised by the Secretary-General to issue regulations unless they had been vetted by the Office of Legal Affairs.

                Of course, this procedure is not a 100 per cent guarantee that legislation adopted at the national level might not come in conflict with international human rights obligations. This holds true in particular in countries that are parties to conventions where the application is supervised by a court. In Europe we have European Court of Human Rights in Strasbourg.^[15] In the Americas there is a similar court, The Inter-American Court of Human Rights, based in Costa Rica.^[16] It goes without saying that in applying the respective conventions, courts of this nature can come to conclusions that differ from what the contracting state thought was the direct application of the convention in the case at hand.

                In this context I just want to draw your attention to the fact that the UN Security Council is in clear risk of violating international human rights standards because of the way the Council has established the system of listing individual physical or legal persons suspected of terrorist connections. I know that Christian Ahlund^[17] will address this matter later this morning with reference to a judgement that was handed down by the Court of Justice of the European Communities on 3 September 2008.^[18] I have warned about this for some time, since it gives a very bad impression if the Security Council adopts procedures that conflict with human rights standards.^[19]

                Looking at substance, obviously the provisions on the right to life and the right not to be held in slavery or subjected to torture or to cruel, inhuman or degrading treatment come to the forefront. However, in the present context I believe it is of particular interest to point to the provisions that guarantee freedom of thought, opinion, expression, information, assembly and association.

                If these rights are respected at the national level, this will eventually lead to democracy. I have pointed out in another context that there are presently some 120 representative democracies in the world. The remaining states represent various stages on a scale where you would find right out dictatorships on one end and countries in transition to democracy on the other. 

Conclusion

In conclusion: What is important is to engage states that still have some way to go in this respect and encourage them to work to enhance the rule of law at the national level. Taken together, the elements that I have raised here should lead towards a world community where the auspices for international peace and security should be positive. But this will simply not come true unless states that maintain that they are democracies under the rule of law actually live as they preach.

                Some would say: You have said this so many times before! Are you not simply stating the obvious? My answer would be: Of course I am stating the obvious! But if it is so obvious, why do we not see this demonstrated in a determined, consequent and credible manner?

                The root causes of conflicts that threaten international peace and security are the same: no democracy and no rule of law. Consequently, this is where we have to focus – before it is too late.

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

---

Colonialism/Nation Building

Scott Leckie (ed.), Housing, Land, And Property Rights In Post-Conflict United Nations And Other Peace Operations: A Comparative Survey And Proposal For Reform (Cambridge: 2009) [372] 978-0-521-88823-3. Price: 85 USD.

            Normally, only one who has personally witnessed the calamities spawned by conflict-related property ownership issues could appreciate the complexity of resolving the post-conflict restoration of property rights. With this resource in hand, one can readily relate to both the problem and solution.

            The ten chapters of the multiple-author case study addresses topics including the post-Cold War property right legacy of the UN transitional authority in (order) Cambodia, Kosovo, East Timor, the Solomon Islands, Bouganville (New Guinea), Afghanistan, the Great Lakes region-three African nations, including Rwanda), and Sudan.

            This menu for this tome offers a potpourri of successes, failures, and weaknesses, all shaped by the persistent obstacles presented by these in some incredibly challenging environments. This account describes the UN experience in terms ranging from "Neglect to Tentative Embrace." It concludes with a suggested Unified Global Policy for future UN Peace Operations.

            Most libraries are well-versed in books on the pre-war assessments of the right to wage war, and the legal limits on how to conduct war during a conflict. The often neglected feature of too many conflicts-who gets what property in the post-conflict era-has found a solid voice in the four corners of this succinct but authoritative coverage of the need for reform. It presents reasonable, and doable, recommendations. These include provisions for the relevant post-conflict rights directly in the peace agreement that ends the conflict; including a specific entity with the governing authority to determine rights issues on an ongoing basis; and creating an institutional framework which focuses exclusively on housing, land, and property rights-with a view toward reversing related rights violations.

Ralph Wilde, International Territorial Administration: How Trusteeship And The Civilizing Mission Never Went Away (Oxford: 2008) [607] 978-0-19-927432-1. Price: not available.

            Having had the good fortune of moderating a panel that offered Professor Wilde's draft version of this book, it is especially easy to appreciate the ultimate contribution he has made in a rather neglected, but incredibly important, subset of International Law. The daunting question he then posed still carries the same eerie resonance: whether the UN system of post-conflict management, in places like East Timor and Kosovo, is no more than a neo-colonial subterfuge for a more subtle form of colonial domination.

            The book's nine chapters are divided in to numbered subsections. This convenient approach facilitates ease of access to content, and convenient cross-referencing, for the many users likely to rely on Professor Wilde's well-written and documented discourse. After the introductory chapter, Chapter Two delves into the history of International Territorial Administrations (ITA). Chapter Three provides a daunting assessment of the interplay of ITA and the Westphalian bedrock of territorial sovereignty. Chapters Four and Five summarize the operation of the ITA in various states, state territories, and self-determination contexts. Chapter Six powerfully juxtaposes the sovereignty and governance issues. Chapter Seven articulates the ITA as a device for implementing international public policy regarding the conflicted location. Chapter Eight, however, follows with a sobering comparison of vintage colonialism and the present day ITA. The final chapter evaluates the ITA as a "policy institution" for achieving the goals of the international community of nations, which does not necessarily dovetail with the best interests of the territory subjected to an ITA.

            Professor Wilde has masterfully penned a rather disquieting account of the ITA device. It has arguably failed to merge word and deed, in terms of the equality guaranteed all nations under applicable UN Charter principles. The publication of his riveting discourse focuses on the downside risk of quick-fix approaches to managing the complexities of the governed entity. One may thus recognize the benefits and burdens associated with the ITA that merely pours new wine into an old bottle.

Bernhard Knoll, The Legal Status of Territories Subject to Administration by International Organisations (Cambridge: 2008) [520]. 978-0-521-88583-6. Price: 150 USD.

            UN Security Council Resolution 1244 established the UN governance of Kosovo in June 1999. It expressly acknowledged Kosovo as being a part of Serbia's territory. After more than nine years of international trust administration by the community of nations, however, Serbia retained nothing when Kosovo "unilaterally" declared its independence. More bloodshed would occur, if the 16,000-strong NATO presence in Kosovo left immediately, and Belgrade took a right turn away from participation in European integration. Kosovo's "final" status has been arguably resolved. Why there is a lingering question is, in part, answered by this comprehensive and well-documented account of the legal quagmire associated with organizational administration of the many troubled territories analyzed in this book.

            Its eight chapters are conveniently divided into numbered subsections. The first chapter addresses the creation of internationalized territories. Chapter Two focuses on the fiduciary component of such administrations. Chapter Three intertwines self-determination and the legal personality of internationalized territories. Chapter Four presents the dual function of international administrators. Chapter Five evaluates the extent of UN authority in Kosovo and the problem of an open-ended institution-building mandate. Chapter Six involves the likely process of Kosovo's endgame. Chapter Seven discusses an anomalous degree of legitimacy, referring to the absence of ethnic ties, traditions, and political discourse between the governor and the governed. Chapter Eight examines the "stickiness" of an interim and transitory legal order during the life of such administrations. After concluding remarks, the author provides an extensive bibliography of original materials, books, and articles on the locations which have been the objects of Administration by International Organizations.

Courts/Arbitration

Otto Triffterer (ed.), Commentary on the Rome Statute of The International Criminal Court: Observers' Notes, Article by Article (2d ed. Hart: 2008) [1954]. 978-3-406-57841-0. Price: 480 USD.

            This is a multiple-author account of the mechanics of the Rome Statute. Leading experts in the herein provide their detailed commentaries on every article and paragraph of the International Criminal Court's constitutive document. The editor's well-crafted format facilitates ease of reference-designed with the busy reader in mind, given the Herculean nature of this incredibly comprehensive book.

            The academic menu offers thirteen Parts. Each comments on the proper application of the related (and adjacent) Articles of the Rome Statute. Each Part begins with a bolded Article. It is followed by a listing of the key literature in the field covered by the specific Article-which, in turn, is followed by a detailed outline (and far more specific than the book's front matter topical listing).

            The margins' numbered paragraphs yield the ability to more readily peruse and cross-reference specific subsections within the overall project. This useful organizational device greatly enhances both access and ease of reference to this lively account of the Statute's objectives. The exponentially footnoted support makes this new edition a veritable researcher's dream.

Mauro Politi & Federica Gioia (eds.), The International Criminal Court and National Jurisdictions (Ashgate: 2008) [170]. 978-0-7546-7436-8. Price: 99.95 USD.

            Any contemporary thirst for an analysis of "complementarity"-which potentially competing criminal courts have jurisdiction, and in what circumstances-will be quenched by this excellent resource. A number of Ashgate products have already been reviewed in this forum. This fresh contribution to the literature provides yet another bona fide gap-filler.

            The fourteen multiple-author chapters are allocated into four Parts. Part One removes any question mark from one's understanding of the meaning and significance of complementarity. Part Two addresses issues regarding its core substantive and procedural features. Part Three focuses on comparatively recent developments on national implementation and international cooperation. Part Four is presented in an incredibly readable round-table format. The luminaries in the field herein discuss the future of the ICC's relationship with national jurisdictions.

            This overview provides an authoritative summary, accompanied by a degree of in-depth analysis that is atypical for such short (and handy) works. Readers of all stripes and vocations would be wise to include this, and its related Ashgate ICC booklets in their repertoire of key guidance in the field.

William A. Schabas, An Introduction to the International Criminal Court (3rd ed. Cambridge: 2007) [548] 978-0-521-88125-8. Price: 125 USD.

            Professor Schabas is no stranger to any consumer of prominent books (and other writings) in virtually every matter of major consequence for International Law. This revised edition of his ICC introductory text manages to improve on what was already an outstanding resource-for both the novice and expert, practitioner and academic, teacher and student. Schabas shrewdly assesses the preliminary rulings in the Democratic Republic of Congo, Northern Uganda, and Darfur cases against the indicted individuals. 

            The eleven chapters of this enduring account of the Court's work promote trouble-free navigation of the somewhat murky waters flowing from the ICC process. It covers, for example, the creation of the Court; establishing its jurisdiction; its general structure and administration; and specific pre-trial, trial, appeal, and punishment procedures.

            The handy appendices further illustrate the value of this succinct overview. They offer the Court's Statute; signatories/parties; and declarations/reservations/objections (as of the book's 2007 publication date.) The appendices offer a list of the Court's judges, and a very useful bibliography for further reading/research. In the typical Schabas tradition, this analysis is the atypical tour-de-force for those seeking an authoritative but succinct, well-written but intellectually challenging, description of the work of this comparatively new player (ICC) on the international judicial stage.             

Tom Ginsburg and Tamir Moutstafa (eds.), Rule By Law: The Politics Of Courts In Authoritarian Regimes (Cambridge: 2008) [paper: 378] 978-0-521-72041-0. Price: 90 USD.

            This book explores the conditions under which authoritarian rulers "delegate" decision making to judiciaries-and the political consequences of their choices. One would think that much more would have been written (by other writers) on this important feature of the intersection between judicial and political processes. The authors have fortunately provided a succinct but authoritative assessment of this practice, via its dozen case studies in countries including (in the order presented) Argentina, Brazil, Chile, Singapore, Mexico, China, Uganda, Zimbabwe, Russia, Turkey, and Iran.

            The editors' juxtaposition of political scientists and law school authors yields a fascinating array of readable vignettes. Such matters are rarely the cannon fodder of news analysis. This convincing assessment is therefore an incredibly important contribution to the literature in a rather neglected subject. 

° Ronald A. Brand and Paul M. Herrup, The 2005 Hague Convention On Choice Of Court Agreements (Cambridge: 2008) [319] 978-0-521-87866-1. Price: not available.

° Margaret L. Moses, The Principles And Practice Of International Commercial Arbitration (Cambridge: 2008) [paper: 340] 978-0-521-68562-7. Price: 90 USD.

Criminal Law

M. Cherif Bassiouni, International Criminal Law (3d ed. Martinus Nijhoff: 2008) [three volumes]. 978-90-04-16532-8. Price: EUR 405.

            This three-volume set presents an extraordinarily comprehensive restatement of the international features of International Criminal Law (ICL)-and the related subject of International Humanitarian Law (IHL). It is also superbly written and documented. While the entire set may be too inclusive for use as a classroom text, one could readily select at least one of its components for that purpose-with a view toward having more than one complete set available for student (library) access for a course in this subject. Regardless of specific purpose, this work is a "must have" component for any related library collection, because of the talented way in which a very broad subject has been collated.

            While most book sections, and all introductory materials, have been penned by the grandmaster of International Criminal Law, Professor Bassiouni has wisely incorporated the analyses of a number of other well-known experts in the field. That attribute not only adds to the quality of this majestic production. It also means that this third edition is relatively up to date-which would be humanly impossible for any one person to accomplish.        

Volume I is entitled "Sources, Subjects, and Contents." It vividly portrays the essential grist of the subject matter: the discipline; those subject to its reach-including mercenaries and private contractors; doctrinal foundations; crime descriptions; the gaps and overlaps with both ICL and IHL; and crimes involving drugs, corruption, and cultural property.      
            Volume II is entitled "Multilateral and Bilateral Enforcement Mechanisms." This component yields a rich vein of enforcement concepts that can be mined for profit by both novice and veteran users. It offers an intelligent grouping of policies, and a logical classification of the core propositions. These include: international cooperation in penal and intelligence matters; extradition; extraterritorial jurisdiction; competing an overlapping jurisdiction; immunities; judicial assistance; and recognition of judgments and related transfers between national jurisdictions.

Volume III is entitled "International Enforcement." This volume contains a significant piece of the ICL puzzle in an equally readable way. Its content focuses on the history of international investigations; international criminal tribunals; national prosecutions, and contemporary issues involving both doctrine and practice.

            This landmark third edition enhances the time-honored excellence of the first two editions of this indispensable tool for the student, professor, researcher, and practitioner in search of a crème de la crème collation of the key resources in ICL And IHL.

Gideon Boas, James Bischoff & Natalie Reid, International Criminal Law Practitioner Library: Forms Of Responsibility In International Criminal Law (Cambridge: 2007) [436]. 978-0-521-87831-9. Price: 170 USD.

            Given the work of the ICTR, ICTY, ICC, and the hybrid national-international courts, the quest for reliable guidance for selecting and practicing in them has been addressed by this useful blueprint. This is the first volume of a new Cambridge series, dedicated to producing a unique practitioner's library. As such, this first volume is the perfect debut for that series.

                Most chapters include a comparative analysis of the practice-oriented features of the major international tribunals. The coverage is divided in to seven chapters, each of which is further divided into numbered sections and subsections. That degree of organization promotes quick access to content and ease of reference.

            Chapter One overviews the categories criminal responsibility in International Criminal Law (ICL). Chapter Two presents the joint criminal enterprise. Chapter Three covers the superior's responsibility for the acts of others. Chapter Four analyzes complicity and aiding and abetting. Chapter Five explores the planning, instigating and ordering of such crimes. Chapter Six considers convictions and sentencing. Chapter Seven concludes with materials on the significance of the diverse forms of criminal responsibility.

            This work product was named in a way that suggests a primary interest for the practitioner. While one could not quarrel with that characterization, it would be a mistake for academics and politicians to miss this succinct but authoritative overview of a somewhat neglected feature of ICL.

Dispute Resolution

Antje du Bois-Pedain, Transitional Amnesty In South Africa, (Cambridge: 2008) [391]. 978-0-521-87829-6. Price: 120 USD.

            The South African post-Apartheid experience is perhaps the leading model for assessing the pro and con arguments regarding the truth commission method of dealing with horrifying crimes, within the context of opting for financially-sensitive methods of conflict resolution that may better achieve the full truth. A substantial number of blacks served in the new post-Apartheid Parliament, alongside President Nelson Mandela. South Africa's decision not to go the ad hoc tribunal route (as with the UN's former Yugoslavia and Rwanda tribunals), was not dictated by the previous white minority government. 

            The chapters present a well-organized schematic outline: Chapter One-the Truth and Reconciliation Commission-based Amnesty Scheme: Background and Overview; Chapter Two-The Practice of the Committee When Making Decisions; Chapter Three-The Committee's Interpretation of the Political Offence Requirement; Chapter Four-The Concept of Full Disclosure; Chapter Five-Truth Recover in the Amnesty Process; Chapter Six-Victim Empowerment in the Amnesty Process; Chapter Seven-Perpetrator Accountability in the Amnesty Process; Chapter Eight-Conditional Amnesty and International Law; and Chapter Nine-Conclusion. Each of these chapters contains distinct (but unnumbered) subsections.

            This is an incredibly well-written and supported account of a nation's struggle to achieve a just remedy, without the retribution that often accompanies a political reversal of fortunes. It provides the cogent and telling arguments, for an against, the truth commission alternative to judicial or more violent means for fully resolving such conflicts. The long-term horrors never end, only because some principal objective has been obtained by the masses.

            No human rights course, no International Law course, and no legal or university library would be near complete without this riveting account and assessment of the transitional amnesty that was considered to be the best alternative for addressing the many wounds wrought by Apartheid. 

° Marie-Bénédict Dembour and Tobias Kelly, Paths To International Justice (Cambridge: 2007) [paper: 267] 978-0-521-70920-0. Price: 125 USD.

Environment

Michael Jeffery, Jeremy Firestone & Karen Bubna-Litic (eds.), Biodiversity, Conservation, Law & Livelihoods: Bridging The North-South Divide (Cambridge: 2008) [598] 978-0-521-88503-4. Price: 145 USD.

            The International Union for the Conservation of Natural Resources (IUCN) was the progenitor of this intriguing collection of thirty individually-authored chapters. It is introduced by former UN Secretary-General Kofi Annan. The authors listing is a veritable Who's Who of International Environmental Law (IEL). This book is the work product of one of the annual ICUN colloquia (2005), with a view to more widely promoting the need to protect biological diversity. The IUCN's relevant objectives are to meet the original target of reducing the loss of biological diversity by the year 2010, and to meet the UN's Millennium Development Goals by 2015. 

            This book is separated into seven Parts. Part One summarizes the historical background of IEL. Part Two addresses biodiversity and conservation in three sections. Section A identifies the needs, problems, and prerequisites to addressing the biological diversity problem. Section B focuses on implementation of the UN Convention on Biological Diversity. Section C considers national and regional legal and institutional tools and regimes for realistically reaching the IUCN, UN, and global environmental objectives. Part Three explores conservation measures in its two sections, which assess area-based and species-based measures. Part Four explains the purpose for the components of the biodiversity dilemma. Part Five reviews the relevant processes affecting biodiversity in its two sections on global warming and land management. Part Six focuses on bio-security issues, in the related contexts involving invasive species and genetically modified organisms. Part Seven concludes with access and benefit sharing in it two sections on the regulation of Antarctica, indigenous intellectual rights, and cultural property rights.

            This collection of prominent assessments and proposals of the major methods for retaining biological diversity provides a page-turning summary of the heart of today's critical mass. It is superbly written and edited. Its substantive core is intelligently supported by useful footnoting, written in support of a quite readable text. These valuable features combine to make this particular collection of essays a must for all university (and private) environmental libraries. Politicians, academicians, and all others who would focus their efforts on portraying the reasonable methodologies for ensuring a sustainable future-for humans and all other species-will hopefully employ the perspectives provided by this telling critique of the need to pursue biological diversity.  

° Nancy Peluso & Michael Watts (ed.), Violent Environments (Cornell: 2001) [paper: 451]. 0-8014-8711-0. Price: 29.95 USD.

Force

Robert Kolb and Richard Hyde, An Introduction to International Armed Conflicts (Hart: 2008) [348]. Price: not available.

            There has been a deluge of scholarship on armed conflict, produced in the slipstream of 9–11. This particular primer offers a succinct, but authoritative, overview that is suitable for the many law and undergraduate courses now offered in this rather popular but gruesome subject. 

            It covers the usual range of topics involving International Humanitarian Law (IHL). These include very readable analyses of the critical mass-including Jus Ad Bellum, Jus In bello, total war, limited war, and IHL. The material on law of armed conflicts is fortunately sufficiently quite detailed, so that readers can therein grasp a relatively complete overview of the responsible conduct and horrific consequences. Specific remedies focus on illustrations of the need to protect civilians, and the special agreements on various features of military warfare.

Phil Shiner and Andrew Williams (eds.), The Iraq War and International Law (Hart: 2008) [352] 978-1-841-13669-1. Price: not available.

            Much has, and will, be written about the Iraq War-for years to come. This multiple-author, thirteen-chapter book adds exceptionally useful insights about the legal construct of this somewhat sprawling subject. Its authors are a veritable Who's Who of experts in International Law, who represent a diverse array of represented countries.

            This book's essays cover critical topics including: The Search for Legal Accountability; Challenges of Counter-proliferation; International Criminal Law, as applied to Iraq; potential  liability in the international courts that have jurisdiction over Iraq; Justiciability in the Areas of Foreign Relations and Defense; Responsibility for Troops Abroad: UN-Mandated Forces and Issues of Human Rights Accountability; and more.

            This work product is well-written, well-documented, and an excellent resource for authoritative assessments of the daunting issues that will surely extend into at least the next generation of International Law quagmires spawned by the Iraq War.

Steven Neff, War And The Law Of Nations: A General History (Cambridge: 2008) [paper: 443] 978-0-521-72962-8. Price: 110 USD.

            There has been an incredible surge in legal and military-related titles regarding the current wars in Afghanistan, Iraq, and other "War on Terror" hotspots. This particular addition to the literature provides a succinct but authoritative account of the history of war-in the context of the applicable version of International Law in effect at the time of the varied conflicts in the rather distinct regions of the world.

            The four parts of the book are chronologically arranged as follows: Part One addresses War as Law Enforcement, from pre-recorded history to the 1600's. Part Two discusses the New Forces Stirring, from 1600 to 1815. Part Three analyzes war as State Policy, from 1815 to 1919. Part Four concludes by coming full circle to Just Wars Reborn, 1919 to present day.

            One should consider this book a "must read," for those who seek legal guidance regarding the Laws of War, GITMO, and various "adventures" arising since 9–11. One must understand yesterday, of course, in order to avoid the vintage adage about those not knowing their history being condemned to repeat it. This reader-friendly account fills a gap in a somewhat neglected arena. It vividly summarizes the historical interplay between war and the international limitations on its execution.

Human Rights

H. Abtahi & P. Webb, The Genocide Convention: The Travaux Préparatoires (Martinus Nijhoff: 2008) (two volumes). 978-90-04-16418-5. Price: EUR 395.

            The term "genocide" is not as quietly discussed, as was the case when nations avoided its use for all the wrong reasons. Of course politicians and journalists have been characteristically fond of misusing the word genocide. Fortunately, the UN Security Council's ad hoc Rwanda and Yugoslavia tribunals have done a great deal to articulate genocide jurisprudence, particularly in the last decade. One hopes that the nation-State driven International Criminal Court will ultimately achieve the same kind of success. The International Court of Justice's 2007 Bosnia v. Serbia case, while criticized on related grounds, nevertheless did make its mark on the international jurisprudence associated with genocide. It is thus quite fitting that perhaps the most comprehensive statement about the quintessential treaty-the UN Genocide Convention-has now appeared in this excellent rendition of its Travaux Préparatoires.

            These volumes contain a blow-by-blow account of all meetings, and statements, now available in this handy collection of critical documents. One feels like one is actually present at the key proceedings, starting six decades ago, because of the availability of this intriguing resource. It is appropriately introduced via the Forewords by the International Court of Justice President Rosalyn Higgins, and International Criminal Court President Philippe Kirsch. One can now check every academic or diplomatic reference to the Convention, and its asserted application to the case at hand, with this verifiable research dream come true.

            There are numerous treasures to be unearthed by a careful reading of this well-integrated collation, couched in the historical context of the convention's Travaux Préparatoires. Saudi Arabia, for example, proposed the first draft of the Genocide Convention. The 337 documents, covering the critical drafting period between 1946 and 1948, present all pieces of the drafting and negotiation puzzle in a way that reflects the highest traditions of painstaking research producing an unparalleled work product.

Björn Arp, International Norms And Standards For The Protection Of National Minorities: biltaeral and multilateral texts with commentary (Martinus Nijhoff:  2008) [512]. Price: EUR 150.

            Given the contemporary deluge of materials on minority rights, it is quite fitting that someone should produce a convenient text that collates the key international instruments regarding minority rights. This particular addition to the literature is especially valuable because of its associated treaty text commentaries.

            This resource is separated into two Parts, beginning with its introductory eighty-page study, followed by a compilation of key treaty texts. Part One focuses on bilateral treaties. Part Two covers three major topics: treaties from the inter-war period that yielded normative effects; contemporary multilateral protection of national minorities; and contemporary bilateral protection of national minorities.

            The extensive bibliography, coupled with a practical analytical Index, combine to provide icing on a cake that should be on the menu of every human rights library. The meticulous attention to organizational detail is demonstrated by the internal numbering system that provides ready access to content. 

Manfred Nowack and Elizabeth McArthur, The United Nations Convention Against Torture: A Commentary (Oxford: 2008) [1649]. 978-0-19-928000-1. Price: not available.

            Much has been written about the deceptively simple term "torture." Too many journalists, politicians, and academics-to name a few-have not supported their respective accounts with sufficient attention to the discrete features of what is simplistically described as "torture."  The publication of this timely addition to the literature, regarding an incredibly timely subject, removes any excuse for misinterpreting the norms and definitions of every feature of the UN's 1984 Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment.

            This comprehensive article-by-article account is separated into three primary segments. The first provides the authors' commentaries on the basic 1984 Convention. The second segment covers the Optional Protocol to the Convention. The third contains numerous appendixes on various related instruments. 

            The Commentaries on the main Torture Convention are divided into three subparts: Substantive Articles, Procedural Articles, and Final Clauses. The Commentaries on the second section has seven parts of General Principles, Subcommittee on Prevention norms, the Mandate of the Subcommittee on Prevention, National Preventive Mechanisms, Declaration, Financial Provisions, and Final Provisions.

            From this point forward, any book or article that fails to rely on this valuable resource is suspect, if its goal is to accurately state the underpinnings of these various features of the Torture Convention. One reason is that access to content, in this incredibly comprehensive treatment, is readily facilitated by the insertion of the authors' bolded, numbered paragraphs. These make cross-referencing and citation a labor of love. Libraries or private collections which specialize in the assessment of issues relating to torture could not possibly boast of completeness without this well-written and superbly documented contribution to the literature on torture. 

° R. Perruchoud & K. Tomolova (ed.), Compendium of International Migration Law Instruments (TMC Asser: 2007) [paper: 850] 978 90 6704 249 9. Price: 90 USD.

° Helen M. Stacy, Human Rights for the 21^st Century: Sovereignty, Civil Society, Culture (Stanford: 2009) [260]. 978-0-8047-6095-9. Price: not available.  

° J. Davis, Justice Across Borders: The Struggle for Human Rights in U.S. Courts (Cambridge: 2008) [paper: 303] 978-0-521-70240-9. Price: 29.99 USD.

° Catherine Dauvergne, Making People Illegal: What Globalization Means For Migration And Law (Cambridge: 2008) [216] 978-0-521-89508-8. Price: 80 USD.

Investment

Peter Muchlinski, Federico Ortino & Christoph Schreuer (eds.), The Oxford Handbook of International Investment Law (Oxford, Eng: Oxford Univ. Press: 2008) [1281]. 978-0-19-923138-6. Price: 240 USD.

            Given the economic implosion of a number of powerful economies, a comprehensive investment law guide of this magnitude is particularly timely. This outstanding treatise is the work product of various members of the International Law Association's Committee on the International Law on Foreign Investment. The editors have done a masterful job of designing and editing its thirty-one individually authored chapters.

            This book is partitioned into three major Parts: Fundamental Issues; Substantive Issues; and Procedural Issues. Part One consists of the following chapters: (1) Policy Issues; (2) Investment; Investor; Nationality and Shareholders; (3) Applicable Law; (4) Multilateral Investment Rules Revisited; (5) Interactions between Investment and Non-investment Obligations; and (6) Trade and Investment.

            Part Two presents the following analyses: (7) Admission and Establishment; (8) Standards of Treatment; (9) Coverage of Taxation under Modern Investment Treaties; (10) Most Favored Nation Treatment; (11) Expropriation; (12) State of Necessity and Force Majeure; (13) Investment Insurance; (14) State Responsibility and Attribution; (15) Corruption; (16) Regulatory Transparency; and (17) Corporate Social Responsibilities.

            Part Three addresses procedural issues in the following chapters: (18) Methods of Dispute Resolution; (19) Procedural Transparency; (20) Independence, Impartiality, and Duty of Disclosure of Arbitrators; (21) Consent to Arbitration; (22) Jurisdiction and Admissibility; (23) the Jurisdictional Threshold of a Prima-facie Case; (24) Relationship between International Tribunals and Domestic Courts; (25) Parallel Proceedings; (26) Compensation, Damages, and Valuation; (27) Review of Awards; (28) Appellate System in International Investment Arbitration; (29) Compliance and Enforcement; (30) Doctrine of Precedent; and (31) Tribunal's Powers versus Party Autonomy.

            This comprehensive coverage yields a vivid read, in a subject that is not necessarily considered to be lively. It is superbly written, and obviously the product of experienced editing. It presents a logical blueprint for both novice and expert readers. It is supported by useful footnote authorities. The overall subject is covered in a way that defies competition. It is thus a "must" for business and law libraries. But there is more! One might also use this book to teach an entire International Law course, premised upon a business-oriented approach. It would certainly be a valuable adjunct to the many legal courses touched by its grand design.

° Dominique Njinkeu & Hugo Cameron (eds.), Aid For Trade And Development (Cambridge: 2008) [428] 978-0-521-88951-3. Price: not available.

° Scott L. Hoffman, The Law And Business Of International Project Finance (3rd ed. Cambridge: 2008) [paper: 474] 978-0-521-70878-4. Price:175 USD.

° Reuven S. Avi-Yonah, International Tax As International Law: An Analysis Of The International Tax Regime (Cambridge: 2007) [paper: 213] 978-0-521-61801-4. Price: 75 USD.

Nationality

M. Qafisheh, The International Law Foundations Of Palestinian Nationality: A Legal Examination Of Nationality In Palestine Under Britain's Rule (Leiden, Neth: Martinus Nijhoff: 2008) [252] 978-90-04-16984-5. Price: EUR 95.

            Another US president (Obama) has expressed a commitment to resolving the daunting Arab-Israeli obstacles to peace. The seemingly never-ending Palestinian quest for statehood would be better understood by all interested parties, if they were aware of the historical context in which claims to Palestinian nationality have evolved. The issuance of Ottoman Passports as of 1844, the 1869 Ottoman Nationality Law, the 1917–1922 British occupation of Palestine, Britain's 1925 Palestinian Citizenship Order, the 1948 UN partition of Palestine, and ensuing Arab-Israeli wars are contextually connected in this superbly written and documented account of the historical roots of Palestinian nationality.

            This between-two-covers library of key documents and resources yields a logical progression which unearths the juncture between this trouble region's law and politics. It is superbly organized and written. The author's intriguing propositions are verifiable via his extensively footnoted presentations, as well as a cut-to-the-chase, twenty-five page bibliography. 

            This Geneva Graduate Institute Study presents a succinct but authoritative overview of the progression of events that (both positively and negatively) impacted the status of Palestine's current occupants. Any future assessment of how to resolve the relevant nationality issues would wisely take account of the legal terrain traversed by this analysis. It illustrates how one might factor th following into any resolution where: (1) the Palestinian land dispute continues to simmer; and (2) the underlying Palestinian right of return is thwarted by political conditions constantly brewing in Palestine, Tel Aviv, Washington, and other relevant national capitols.

Occupation

Gregory Fox, Humanitarian Occupation (Cambridge: 2008) [paper: 319]. 978-0-521-67189-7. Price: 120 USD.

            Kosovo is one of the examples of the peril and promise associated with humanitarian occupation. UN Security Council Resolution 1244 expressly recognized Serbia's territorial claim to Kosovo. After more than nine years of international trust administration by the community of nations, however, Serbia retained nothing when Kosovo "unilaterally" declared its independence. More bloodshed could be expected, if the 16,000-strong NATO presence in Kosovo were to end tomorrow. Kosovo's "final" status has been arguably resolved. Why the international community took the extraordinary step of assuming powers of a national government is the subject of this thoughtful analysis.

            This book is divided in to three Parts: Section I: Historical Antecedents; Section II: Why Humanitarian Occupation?; and Section III: Legal Justifications. The first three chapters present analyses of how early nineteenth century international territories were governed, and whether they represented a useful model for legitimate "national" governance. Section II contains two chapters. The first presents rejected models of statehood for humanitarian occupation. The other covers attempts to construct a liberal state, and the persistence of the state-centered legal order.  Section III is partitioned into three chapters on conventional legal justifications (consent and Security Council activism), and the international law of occupation in the multilateral humanitarian occupation context.   

            Legal libraries, and International Law courses, would be more complete with the availability of this superbly written and supported primer for class and research use. One hopes that its poignant assessment of a complex theme reaches the corridors of the Security Council and the relevant politicians-with a view toward avoiding mistaken assumptions about the rationale for, and conduct of, any humanitarian occupation. Those who covet contemporary case studies will discover incredibly useful insight from Professor Fox's assessment of the UN occupations, especially in the Balkans.

Organizations

° M. Barnett & M. Finnemore, Rules for the World: International Organizations and Global Politics (Cornell: 2004) [paper: 226] 978-0-8014-8823-8. Price: 17.95 USD.

States/Regions

Jeremy I. Levitt (ed.), Africa: Mapping New Boundaries In International Law (Hart: 2008) [339]. 978-1-84113-618-9. Price: not available.

            "Mapping" is of course a provocative term, in the context of territorial sovereignty in Africa. The convenience of the "civilized" nation employment of the latitudinal-longitudinal mapping of borders led to the catastrophic division of like tribes and geo-political groupings. The multiple-author analysis of the varied contemporary results provides fascinating reading for one who seeks a better appreciation of the importance of this continent to the future of mankind.   

            This book presents two essential themes. Part One assesses contemporary issues related to human rights, intervention, and armed conflict. It embraces the topics of women's rights, customary approaches to International Criminal Law, development of international norms, pro-democratic intervention, and issues arising under the rubric of humanitarian warfare. Part Two addresses contemporary governance, sovereignty, and development issues. It chapters concentrate on new models for multi-ethnic governance, shared sovereignty, boundary dispute resolutions, and development theory.

            This vividly-written and well-edited collection is fully supported by references that make it a veritable encyclopedia of information on the evolution of International Law on the African continent.

Bimal N. Patel (ed.), India and International Law: Volume 2 (Martinus Nijhoff: 2008) [555] 978-90-04-16152-8. Price: EUR 150.

            Volume One was reviewed in this online forum (Issue #34). This second volume likewise examines India's policy and practical approaches to modern issues arising under International Law. Its chapters address a wide range of topics, such as energy, nuclear weapons proliferation, investment, sports, banking, biotechnology, taxation, feminism, and India and UN reform.

            Like the first volume's appraisal, this ensuing collection of eighteen individually-authored essays by prominent scholars presents yet another in-depth analysis of India's role in the international community. This volume continues with its now-established tradition of providing both a valuable and authoritative reference tool for one seeking practical insight into India's contributions.

In an era when diverse perspectives are more important than ever, this collection continues to yield useful insights on the major international issues of the day. These are premised upon one of the oldest nation's newest perspectives. This volume thus yields an excellent resource for comparative and regional international legal analysis.

° Abdulqawi A. Yusuf, African Yearbook of International Law: Volume 14 (Martinus Nijhoff: 2006) [461] 978-90-04-16720-9. Price: EUR 208. (The majority of the book is in French. Two topics, totaling forty pages are in English.)

Teaching/Research

Susan Marks (ed.), International Law On The Left: Re-Examining Marxist Legacies  (Cambridge: 2008) [319]. 978-0-521-88255-2. Price: 105 USD.

            The former Grigori Tunkin (Moscow State University) was one of the most prominent Cold War-era International Law professors in the world. Unfortunately, some, but not all of his work was translated into English. His work provided a fascinating window into Marxist ideology. This fresh assessment arguably picks up where Tunkin left off. 

            This multiple-author work is divided into nine chapters. They illustrate the contemporary relevance of Marxism in regards to the study of International Law. Chapter One explains what international lawyers should learn from Karl Marx. Chapter Two provides an outline of a Marxist course on Public International Law. Chapter Three covers a commodity-form theory of International Law. Chapter Four discusses positivism versus self-determination and the claimed contradictions of Soviet International Law. Chapter Five yields significant perspectives for the twenty-first century lawyer and law professor in search of a complete understanding of the sources of International Law. Chapter Six provides a political economy critique of transnational economic law. Chapter Seven provides Marxian insights regarding human rights. Chapter Eight is a case study of the prominent Indian professor Upendra Baxi's human rights scholarship. Chapter Nine examines exploitation as an international concept-for example, the small group of South Africans who perpetrated Apartheid, but large group who benefited from its existence.

            The role of a professional academic is to seek and report the truth. The term "truth" may mean different things to different people. One inescapable truth, however, is that one cannot purport to be an International Law professor without some working knowledge of the significantly different legal or political systems that differ from one's own. This collection of essays provides the perfect opportunity for we law professors to embrace this objective. This book is thus an indispensable "must read" for law and political science professors. It is also a useful antidote for the false assumption that there is only one true legal system-or a singular way of achieving the depth necessary to comprehend the various disciplines residing within the scope of International Law.

Martin Dixon, Textbook on International Law (6th ed. Oxford: 2007) [372] 978-0-19-920818-0. Price: not available.

            This textbook is one of the more enduring UK offerings-now in its 6th edition. Professor Martin uses a lively and succinct style in his primer. It does not suffer from the common country-of-origin focus found in many like publications around the world. Its success is partially predicated on each chapter's very useful numbering system, and its end-of-chapter summaries.

            This account covers a logical progression of subjects: Chapter One-Nature of International Law and the International System; Chapter Two-Sources of International Law; Chapter Three-Law of Treaties; Chapter Four-International Law and National Law; Chapter Five-Personality, Statehood and Recognition; Chapter Six-Jurisdiction and Sovereignty; Chapter Seven-Immunities from National Law; Chapter Eight-Law of the Sea; Chapter Nine- State Responsibility; Chapter Ten-The Peaceful Settlement of Disputes; Chapter Eleven-Use of Force; Chapter Twelve-Human Rights.

            Professor Martin's book is supported by the Oxford Resource Centre's Online Resource Centre. This web-based feature facilitates access to annotated links to relevant website, case, and legislative updates. Few books offer this post-publication method for keeping current.

° T. Buergenthal & S. Murphy, Public International Law in a Nutshell (4^th ed. St. Paul, MN: Thomson-West: 2007) [paper: 401]. 978-0-314-17169-6. Price: not available.

Treaties

Mark Villager, Commentary on the 1969 Vienna Convention on the Law of Treaties (Martinus Nijhoff: 2009) [1057] 978-90-04-16804-6. Price: EUR 215.

            Given the critical nature of a subject that has crammed many shelf-feet of library space, this contribution to the legal literature is both a welcomed addition and long overdue. It offers an article-by-article commentary on this global treaty on treaties. All national supreme court libraries would be wise to require its presence, in the event that balanced interpretation of the Vienna Convention on the Law of Treaties plays into any serious analysis of its application to the many features of international practice.

            Part I of VIII introduces the conventional nuts and bolts on scope, non-retroactivity, and general use of terms. Part II contains commentaries on the conclusion and entry into force of treaties. Part III covers the proper observance, application, and interpretation of treaties. Part IV addresses amendments. Part V delves into treaty invalidity, termination, and suspension. Part VI comments on miscellaneous provisions on succession, diplomatic and consular relations, and the outbreak of hostilities. Part VII covers depositories, notification, and registration. Part VIII concludes with assessments of the final provisions of a treaty such as signature, ratification, accession, and like issues. The book's Annex contains useful ancillaries, including the status of the Vienna Convention, and actual national reservations. 

            A quite user-friendly bibliography, table of cases, and State practice (submissions) add to the completeness of this valuable assessment of the ultimate treaty law document. No library, large or small, could do without this well-written and documented commentary on "the" treaty on treaties. One of many reasons includes the painstaking evidence of the author's successful attempt to provide the most complete support available in this most complete treatment of a subject long in need of such insightful commentary.

Publisher Information

Ashgate: Ashgate Publishing, PO Box 2225, 82 Winter Sport Lane, Williston, VT 05495, USA.

Cambridge: Cambridge University Press, 32 Avenue of the Americas, New York, NY 10013, USA.

Cornell: Cornell University Press, 750 Cascadilla Street, PO Box 6525, Ithaca, NY 14851, USA.

Hart: Hart Publishing Limited, 16c Worchester Place, Oxford, OX1 2JW, UK.

Martinus Nijhoff: Brill, PO Box 9000, 2300 PA Leiden, Netherlands.

Oxford: Oxford University Press, 2001 Evans Road, Cary, NC 27513, USA.

Stanford: Stanford University Press, Stanford, CA, USA.

TMC Asser: TMC Asser Press, PO Box 16163, 2500 The Hague, NETHERLANDS.

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