READER’S CORNER: [Note: information on the books in this segment of the Newsletter is normally presented as follows–Author, Title (Publisher, year of publication), ISBN number, and [number of pages]. Complete publishing house addresses are listed at the end of Reader’s Corner. Starting with this issue, I will include occasional "bullet" entries regarding books which should be of interest to some UNDIG members.
Int’l Court Justice
Int’l Crim Law/Cts
League of Nations
Sources of Int’l Law
Zones of Peace
· Pericles Alves & Daiana Cipollone (ed.), Nuclear-weapons-free Zones in the 21st Century (UN, 1997) 92-9045-122-X [paper: 148].
· Maria Frankowska (AALS International Law Section), International Law Examination Pool (So. Ill. Univ. School of Law, 1996) (and Supplement) [paper: pagination varies].
· Daniel Gallik & Dennis Winstead (ed.), World Military Expenditures and Arms Transfers (USACDA, 25th ed., 1997) 0-16-049178-9 (paper: 192].
· James Goodby, Europe Undivided: the New Logic of Peace in U.S.-Russian Relations (Inst. Peace, 1998) 1-878379-75-5 [paper: 256].
· Scott Hibbard & David Little, Islamic Activism and U.S. Foreign Policy (Inst. Peace, 1997) [paper: 137].
· Karen Kole & Anthony D’Amato, European Union Law Anthology (Anderson, 1998) 0-87084-205-6 [paper: 684].
· Peter Malanczuk, Akehurst’s Modern Introduction to International Law (7th rev. ed. Routledge, 1997) 0-415-11120-X [paper: 449].
· Scott Sullivan, From War to Wealth: 50 Years of Innovation (OECD, 1997) 92-64-15503-1 [paper: 120].
· I.H.Ph. Diederiks-Verschoor, An Introduction to Air Law (6th rev. ed. Kluwer, 1997) 90-411-4808-9 --
While there are several good handbooks on air law on the market, this one provides a succinct survey of the fundamentals. The author surveys new technological developments, the accompanying legal innovations, updates on the staples of this field, and a description of the essential unresolved issues.
Chapter I summarizes the history and evolution of International Air Law; II, the Chicago Convention, III, the Warsaw Convention; IV, product liability, V, automation technologies; VI, collisions/damage to third parties; VII, insurance; VIII, legal rights in aircraft/attachment jurisdiction; IX, assistance and salvage; X, penal law and aviation.
This well-written and documented text would be an excellent reader for any law school (or undergraduate) course offering on International Air Law–and quite useful for any public International Law course with an emphasis in this important feature of international relations.
· Gabriel Lafferranderie & Daphne Crowther (ed.), Outlook on Space Law over the Next 30 Years: Essays Published for the 30th Anniversary of the Outer Space Treaty (Kluwer, 1997) 90-411-0402-X --
This is a collection of papers written by members of the European Centre for Space Law. The editors’ objective was to chart future trends, by building upon the thirty year evolution of the 1967 Outer Space Treaty. It analyses the key developments and forecasts by first reviewing the actors and status of celestial bodies and their utility. Subsequent chapters then assess liability issues, jurisdiction, dispute settlement, technology transfer, environmental considerations, remote sensing, commercial activities including intellectual property and telecommunications. The book closes with an analysis of the likely role of the UN Committee on the Peaceful Uses of Outer Space in the next generation of space activities. This work would add a far greater degree of useful coverage to a specific collection emphasizing international air law, and any general collection on international law.
· Richard Lillich & Daniel McGraw (ed.), the Iran-united States Claims Tribunal: its Contribution to the Law of State Responsibility (Transnational, 1998) 1-57105-002-7 --
The Tribunal was established in 1981, to resolve controversies arising out of Iran’s nationalization of property related to the 1979-1980 "Hostage Crisis" between Iran and the United States. The primary focus is on the evolution of State responsibility, as spawned by the dispute resolution processes at the Tribunal.
Each of the eight contributors to this project posits a different feature of the Tribunal’s work, the first being a jurisdictional perspective. The remaining chapters address eligible claimants, bases for State responsibility, compensable expropriation claims, debt and contract claims, other State responsibility issues including protection of aliens, and compensation/valuation issues.
This publication, while not alone in addressing the work of the Iran-US Claims Tribunal, is undoubtedly destined to become a key print player in the analysis of the evolution of State responsibility by an arbitral institution.
· Jeffrey Bialos & Gregory Husisian, The Foreign Corrupt Practices Act: Coping with Corruption in Transnational Economics (Oceana, 1996) 0-379-21379-6 [170 + appendixes]-
The U.S. Foreign Corrupt Practices Act of 1977 spawned both local and international reactions to its alleged attempt to legislate morality in international business affairs. Although a relevant international treaty evolved since the publication of this work, its timeless analysis provides a succinct overview of the pervasive bribery problem and its impact on global competition.
Lawyers may thus benefit from this analysis of the FCPA’s antibribery provisions, exceptions, defenses, and record keeping requirements. One of the very practical chapters analyzes select issues in international economics including risk management procedures, structuring relationships with foreign subsidiaries and joint ventures, dealing with sales agents, distributers, and state-owned enterprises. Another provides guidance on curbing the global market for corrupt payments. The appendixes contain "red flags," the text of the FCPA, the US Department of Justice FCPA Regulations, and various Justice Department Opinions.
· Rene Lefeber, Transboundary Environmental Interference and the Origin of State Liability (Kluwer, 1996) 90-411-0275-2 --
The author’s essential premise for this work is that the cost of prevention and reparation must be channeled to the polluter. Yet, there is a tension between economic and legal principles at the national State level. This work therefore analyzes existing approaches to ensuring the compensation of the victims of transboundary environmental harm.
The Introduction presents the essential functions of liability, evolution of liability norms from Stockholm (1972) to Rio (1992). He then succinctly traces the related State liability in the realms of the planning, operational, and termination phases of operations with an adverse environmental impact. Much of the remaining chapters address the varied forms of liability, before concluding with recommendations for preventing and abating transboundary environmental interferences. The appendixes include a useful bibliographical section for further study.
· John Moore, Deception and Deterrence in "Wars of National Liberation," State-Sponsored Terrorism, and Other Forms of Secret Warfare (Carolina, 1997) 0-89089-8 --
As of this writing (May, 1998), Prof. Moore’s book is timely for yet another reason: India has just announced its testing of three nuclear weapons–a matter of interest to Pakistan, China, and the global community at large. The categories of war described in this book have evolved, largely because of the threat of a global holocaust if nations continue to escalate in those terms.
Secret aggression, in these increasingly familiar formats, is thus on the upswing. They are accompanied by various alternative forms of warfare which are designed to deceive the international community and thus deter an effective international response. Fifteen experts in the field, including military strategists and political science authroities, presented their respective analyses at two conferences under the auspices of the ABA’s Standing Committee on Law and National Security (and others). They review past patterns of political warfare and incorporate case studies to assess the problems with responding to this increasingly sprawling challenge to international security.
Users would include professors teaching course on the use of force, or emphasizing national aggression in the forms addressed by the UN’s 1970 and 1987 Declarations designed to limit forms of force short of all out war.
· Paul Comeaux & N. Stephan Kinsella, Protecting Foreign Investment under International Law: Legal Aspects of Political Risk (Oceana, 1997) 0-379-21371-0 --
This book provides an in depth analysis of the political risk associated with foreign investment–that the host government may decide to nationalize, or otherwise interfere with, alien property rights. It succinctly identifies the decisional factors including treaties, political risk insurance, sovereign immunity, and arbitration between States and investors. It serves as a useful primer for investors, corporate counsel, and anyone interested in expropriation litigation disputes.
This work also serves as a thought provoking assessment of the clash between capitalism and counter forces including communism, socialism, and related collective conceptions affecting investment in developing countries. One might recall, for example, the evolution of the G-77's New International Economic Order of the 1970s, designed to affect the global redistribution of wealth. The resulting capital flight of the 1980s triggered the rash of bilateral investment treaties in the 1990s. Part I thus covers International Law and Political Risks; Part II: Pre-Investment Decisions to Reduce Political Risk; Part III: Responses to Manifestations of Political Risk.
· Benedetto Conforti & Francesco Francioni, Enforcing International Human Rights in Domestic Courts (Martinus Nijhoff, 1997) 90-411-0393-7 --
The authors explore the methodology employed by various national courts when assessing international human rights issues. In addition to presenting a comparative view, it analyzes the common obstacles hindering the effective adjudication of human rights norms. The book suggests judicial paradigms for ameliorating those obstacles–given the various national commitments to effectively implement international human rights treaties and customary practice obligations.
Eighteen individually-authored chapters thus present the corpus of this endeavor. Part I addresses both Italian and other national court processes for resolving human rights issues. Part II, the bulk of this study, analyzes comparative models for national enforcement. Part III focuses on the controversial issues including the role if US courts in asylum cases; immunity of State organs; the defense of superior orders; and contours of the alien’s right not to be subject to excessive civil jurisdiction.
This particular work provides a utilitarian dimension to any human rights collection, largely because of its analysis of national models for receiving and resolving the various issues as they arise in the domestic arena.
· J.P. Gardner (ed.), Human Rights as General Norms and a State’s Right to Opt Out: Reservations and Objections to Human Rights Conventions (Brit. Inst., 1997) 0-903067-50-1 --
One seeking guidance about the pervasive tension–between protecting universally recognized human rights and the sovereign right to qualify treaty obligations via reservations–
need look no further. This fascinating treatment of the treaty protection of fundamental human rights effectively cultivates the academic comprehension of the interplay of individual human rights, as generally understood by the community of nations, and a State’s ability to limit the realization of those rights on a treaty basis.
The analysis commences with the Part I problem of applying these competing values, given the reservations principles contained in the 1969 Vienna Convention on Treaties, the 1966 UN Covenants, and various regional instruments purporting to preserve fundamental individual rights that are subject to suppression by the State. Part II provides the requisite degree of balance one should expect of a prominent literary offering such as this one. It assesses human rights treaty reservations from a governmental perspective, thus introducing policy and capacity based arguments for national concerns with the potential impact of full treaty implementation.
· Lone Lindholt, Questioning the Universality of Human Rights: the African Charter on Human and Peoples’ Rights in Botswana, Malawi and Mozambique (Ashgate, 1997) 1-85521-828-3 --
This is a welcomed addition to the literature on human rights, given the comparative dearth of materials on African implementation of human rights regimes (1981). The author focuses on the issue of universality of human rights–in relation to national implementation by three major State entities subject to the command of the African charter.
Part I presents theoretical issues spawned by various sources and models within the existing universal human rights paradigm. This portion is refreshingly brief, as the author quickly moves into national constitutional issues. Part II traces the genesis of the region’s human rights instruments. Part III astutely dovetails a crisp analysis of the materials human rights provisions in the African Charter with the constitutions of Botswana, Malawi, and Mozambique. Part IV concludes with perspectives regarding the interplay of national and treaty-based human rights norms. The study closes with a convenient collection of appendixes, including the relevant Charter and national constitutional provisions–thus promoting access to the important legal needles in a haystack.
Int’l Court of Justice
· Shabtai Rosenne, the Law and Practice of the International Court, 1920-1996 (3rd ed., Martinus Nijhoff, 1997) 90-411-0264-7 [four volumes]--
Neither this work nor its author need any introduction. Prof. Rosenne’s preeminent treatise and practitioner’s guide on the inner workings of the International Court of Justice has been rewritten to incorporate developments since the 2nd edition’s publication in 1979 (1st edition in 1957).
The first volume covers political and administrative essentials, including the features which diplomats must consider when contemplating or engaging in the judicial resolution of international disputes. These include the Court’s evolution and judicial composition, its institutional role, and finances. The second volume focuses on the ICJ’s jurisdiction and how the Court perceives and resolves jurisdictional disputes. The coverage of its advisory jurisdiction provides an authoritative and practical approach to this feature of the Court’s usefulness. The third volume deals with ICJ procedure. Here, both the novice and experienced practitioner will find poignant and succinct guidance regarding the operation of the Court’s Statute, terminology, contentious oral and written proceedings, provisional measures, intervention, and related procedural matters. The fourth volume is the documents segment of this four-volume set. It contains the UN Charter, Statute and Rules of the Court, the Table of Cases, and a general index.
Any collection which hosts materials on international adjudication–especially the ICJ– would be considered "thin" if it did not carry Prof. Rosenne’s outstanding contribution to the literature which impacts the operation of the International Court of Justice.
Int’l Crim Law/Courts
· Kelly Askin, War Crimes Against Women (Martinus Nijhoff, 1997) 90-411-0486-0 --
The customary practice of States prohibited rape, centuries before the contemporary conflict in Bosnia. The author establishes with authority–not premised on just natural instinct– that notwithstanding egregious abuses, all forms of gender-specific crimes must be prosecuted as violations of various rules of International Law. Crimes against women could have been easily woven into the fabric of the post-World War II Nuremberg and Tokyo trials. The author presents some fascinating reasons why they were not.
As argued by many international feminists, the treatment of women has for too long remained within the exclusive province of municipal law rather than being charged and fully punished in international tribunals. Article 5 of the Yugoslav Tribunal’s Statute is the first international instrument, for example, to expressly provide that rape is a chargeable a crime against humanity.
There are no universally accepted definitions of sex crimes. The author thus adds a versatile dimension to this publication feat by providing a very astute collection of proposed definitions which may serve as an impetus to the establishment of internationally workable definitions to be incorporated into relevant treaties. These include potential additions to the 1949 Geneva Conventions, including forced prostitution, forced impregnation, and genocidal rape.
It would be the understatement of the UN Decade to say that this book is a must for any and all international collections.
· Virginia Morris & Michael Scharf, the International Criminal Tribunal for Rwanda (Transnational, 1998) 1-57105-038-8 [two volumes]--
Morris & Scharf have done it again! Ms. Morris, of the UN Office of Legal Affairs, and Professor Scharf, formerly Attorney-Advisor for the U.S. Department of State, have added another successful two-volume work to the literature on the current UN criminal courts (previously: An Insider’s Guide to The International Criminal Tribunal for the Former Yugoslavia). This publication is another "must" for any serious private collector, and all major library collections purporting to focus specifically on international criminal law–or generally on International Law. The first volume contains the legislative history and preliminary documents surveying the evolution of the UN’s Rwandan tribunal. This part of the set presents and analyzes the history, looming issues, and potential accomplishments of this component of the two functioning truly international criminal tribunals. As stated in the Preface by Justice Richard Goldstone (Constitutional Court of South Africa), "there is a large degree of overlap with respect to the international law applicable to the two tribunals, [yet] there are differences because of the nature of the conflicts" (referring to the Yugoslavia and Rwanda Tribunals). The latter body is adjudicating matters which occurred essentially within Rwanda, while the former possesses jurisdiction over internal and international conflicts involving the former Yugoslavia. One may thus relish the historical significance, competence, procedures, and concurrent jurisdiction with Rwanda’s national courts, within the context of the simultaneously operating international tribunal.
The second volume tenders an exhaustive array of constitutive and interpretive documents regarding the work of the Rwandan Tribunal. These include proposed amendments to the Statute of the court and their significance, annual report requirements, documents from entities including the Commission of Experts on Rwanda, and various UN General Assembly and Security Council statements and resolutions. One may also obtain the relevant and fascinating national legislation about the Tribunal from Rwanda (and the United States). Finally, one may conveniently place both volumes into a comparative context by reviewing the relevant materials on the Nuremberg and Tokyo Tribunals, making this work a veritable research dream come true.
It would be a mistake to consider one’s collection on international criminal tribunals complete, if one were to rely solely upon the authors’ prior two-volume work on Yugoslavia–especially, now that the Rwanda Tribunal is operating and the subject of an official visit by the UN Secretary-General in the midst of its proceedings (May, 1998).
· Mark Osiel, Mass Atrocity, Collective Memory, and the Law (Transaction, 1997) 1-56000-322-7 --
Prof. Osiel herein presents the legal implications of both historical and contemporary responses to the genocidal tendencies of well-known political regimes. His contribution makes the exceptionally well-conceived postulate that criminal trials of the perpetrators heal the afflicted societies, even when prominent features of the process go awry. With the Nuremberg and Tokyo trials as the backdrop, one can both analogize and differentiate contemporary ad hoc tribunal processes in the quest to manage the legacy of such man-made tragedies.
Part I reveals how prosecution assists the evolution of the collective memory–which is especially momentous, when one considers how war-torn Europe reacted to those who survived the Holocaust. Part II then succinctly, but authoritatively, assesses the major obstacles to developing that collective memory, including the rights of the defendant under applicable legal regimes, historical distortions, constructing fresh blueprints based upon recognized but sometimes ignored legal precedent. A very thought-provoking Appendix presents the "Collective Memory of the Postwar German Army."
· Lyal Sunga, the Emerging System of International Criminal Law: Developments in Codification and Implementation (Kluwer, 1997) 90-411-0472-0 --
This volume contributes an assessment of the prospects for progress in the creation of a truly international criminal law system–as opposed to national criminal proceedings, and the current ad hoc Yugoslavia and Rwanda Tribunals. The author postulates that if the world is becoming more interdependent, the international community should develop more comprehensive methods for deterring and punishing international crimes.
The Introduction summarizes the work of the International Law Commission’s work on a draft code for a permanent international criminal court. Part 1 addresses other codification developments, including the viability of the principles enunciated in the Nuremberg and Tokyo Tribunals. Part 2 addresses developments in implementation of the so-called international criminal law. The author integrates the relevant principles and how they have been applied via national criminal prosecutions and the two ad hoc tribunals involving war crimes in Yugoslavia and Rwanda. Part 3 analyzes the future prospects for a truly international criminal law via establishment of a permanent court.
This book is richly adorned with supporting research references, tables of treaties/cases, and bibliographical references. It would thus be a useful companion for any writing endeavor, as well as a being a primer for anyone seeking a deeper understanding of the difficulty and promise associated with the establishment of a permanent international criminal tribunal.
· Arie Bloed (ed.), the Conference on Security and Co-operation in Europe (Martinus Nijhoff, 1997) 90-411-0372-4 --
Having reviewed Prof. Bloed’s prior work (Analysis and Basic Documents, 1972-1993) in the UNDIG Newsletter, it is a pleasure to once again recommend one of his documentary "follow up" publications. This useful addition to the literature regarding the work of the Conference on Security and Co-Operation in Europe covers the organizational documents for the tumultuous period from 1993 to 1995.
Part I contains the Annual Reports of the [OSCE] Secretary-General dealing with matters including the OSCE missions into Skopje, Sarajevo, and Chechneya–to name a few. Part II presents the "Human Dimension Implementation" Meetings of the working bodies tasked with the responsibility of reviewing progress toward the various human rights features of the OSCE process in Europe. Part III covers the 1994 Budapest Review Conference and Summit Meeting, and the resulting declaration regarding the hostilities in Bosnia. The remaining Parts contain documents on the work of Council of Foreign Ministers, Committee of Senior Officials, Forum for Security and Co-Operation, Parliamentary Assembly, Recommendation of the OSCE High Commissioner on National Minorities, exchange of military information, and other miscellaneous reports.
· Alfred Rubin, Ethics and Authority in International Law (Cambridge, 1997) 0-521-58202-4 --
Because this author obviously needs no introduction, one should be tempted to purchase this work–regardless of the nature of the collection–without the necessity of relying on a book reviewer’s attempt to capture the essence of yet another provocative work product.
Lawyers, ethics professors, and political scientists will all find this appraisal poignantly realistic, including its assertion that issues which have remain unresolved for the last 3,000 years of recorded history just might not be resolvable with the intensity urged by analysts in need of a quick fix. For example, contemporary efforts to make war crimes or terrorism "criminal" in the international (as opposed to the domestic enforcement sense) are not likely to materialize–as is argued in some other books reviewed in this Newsletter (see Int’l Criminal Law/Courts)–just like the 19th Century attempts to curb piracy and slave trade.
This book comes highly recommended for anyone who is beginning to study, or ready to test his/her perceptions of the essence of International Law.
· Malcolm Shaw, International Law (4th ed. Cambridge, 1997) 0-521-593384-0 --
Prof. Shaw has produced a serviceable new edition, which is already part of a tradition of excellence in student-oriented treatises in International Law. This edition arguably transcends the legendary bible in this field–Brownlie’s Principles of Public International Law (intended for a wider audience). Shaw’s presentation is well-written, organized, and researched. It may serve as a springboard for further analysis into any of the subsets of public International Law.
The book’s twenty-one chapters provide guidance for anyone who seeks a succinct but authoritative overview of this rather amorphous branch of the law, with numerous updates since the 3rd edition appeared in 1991, when the Cold War was just winding down and UN reform became the cause celebre of the international legal community. The chapters on international environmental law and state succession have been basically rewritten, while others such as dispute settlement and international institutions have incorporated many new developments.
This treatise is particularly well-suited for professors and students seeking readable analyses of the essential topics in virtually any international offering, particularly, courses in public International Law.
· Thomas Van Devort, International Law and Organization: an Introduction (Sage, 1998) 0-7619-0189-2 [paper: 633]--
Undergraduate professors offering International Law (or related courses) should consider adopting this useful reader. It presents is a broader scope than the usual law school text, integrating the fields of economics, political science, philosophy, and communication studies.
Part I begins with an historical overview of International Law, through contemporary applications. Part II emphasizes the basics of International Law, sprinkled with a treatment of its application in national legal systems. Part III focuses on interstate disputes.
· UN, Proceedings of the United Nations Congress on Public International Law, New York, 13-17 March 1995 (UN, 1996) 90-411-0308-2 --
This book presents the collated commentaries given at the week long UN conference entitled "Towards the Twenty-first Century: International Law as a Language for International Relations" on the occasion of the 1995 Fiftieth Anniversary of the UN. Its broad purpose was to assist the legal profession to meet the challenges of promoting the vitality of International Law. Its utility is enhanced by the availability of follow up discussions taking place immediately after each presentation by many of the world’s most prominent figures in International Law.
The general subject matter of the conference/book includes: theoretical and practical promotion and implementation; methods for enhancing interstate dispute resolution; codification and the progressive development of International Law; fresh approaches to research/ education/ training; and new 21st Century challenges to the Rule of Law.
Islamic Legal Theory
· Wael Hallaq, Islamic Legal Theories (Cambridge, 1997) 0-521-59027-2 --
Prof. Hallaq, a well-known scholar in the field of Islamic Law, has fashioned a very useful addition to the legal literature. He herein imparts a rich variety of doctrines for both new and seasoned teachers (and students) who seek a more detailed understanding of this increasingly important feature in the international system. He summarizes the foundations and difficulties encountered by modern reformers.
UNDIG members wishing to incorporate Islamic law into their various courses should all consider adopting this text as a class reader.
· Sydney Cone, International Trade in Legal Services: Regulation of Lawyers and Firms in Global Practice (Aspen, 1996) 0-316-15243-9 [looseleaf]--
This compilation is the "next level" since three prior editions of the popular Regulation of Foreign Lawyers, published by the A.B.A.’s International Section. It is a "magnum opus" in the author’s endeavor to assist members of the international legal profession with keeping track of the burgeoning treaty and statutory regulation of international lawyers–especially with the emergence of the General Agreement on Trade in Services (GATS as it relates to the WTO process).
Part I surveys various markets, in terms of regulatory patterns and the GATS dispute resolution mechanism. Part II through IV trace the specifics of regional regulation, including North America, Canada, and Mexico (Part II), Europe’s key practice centers (Part III), and Asia/Australia (Part IV).
The closing feature in each Part provides a "Practical Overview to ___________ ." This device allows the user to assess pivotal questions such as where to locate in each covered region, how to establish a practice, and how to penetrate the market, and other very useful tips for the new entrant–in specific states of the United States, and in countries covered by the respective regions analyzed in each Part of this compendium.
Any law office professing to maintain an international practice should stock this resource. It is the most comprehensive, exhaustive, and well-organized work of its kind, providing unparalleled informational access for members of the international legal profession.
League of Nations
· Alfred Zimmerman, the League of Nations and the Rule of Law 1918-1935 (Gaunt, 1998 reprint) 1-56169-359-6 --
This is a reprint of an English professor’s prominent International Law publication in 1936. It may be the premier documentation of the evolution and work of the ill-fated League, as of 1936. Part I summarizes the Pre-War System (referring to WWI) including depictions of the then contemporary diplomacy, conferences, League organs, and the state of International Law. Part II presents the essential elements of the Covenant, including the drafting process leading to establishment of the League. Part III covers the actual operation of the League: the historical phases, and how it then operated. The Appendix contains the Covenant of the League of Nations.
Instructors in International Law, especially those at institutions focusing on international organization, should obtain a copy of this reprinted book (if they have not already done so) to ensure completeness of coverage and the availability of an authoritative guide to the evolution and operation of the League in the interim years between the two world wars.
· Donald Rothwell, the Polar Regions and the Development of International Law (Cambridge, 1996) 0-521-56182-5 --
Someone has finally written the book on the polar segment of the "global commons." The author nicely illustrates the respective legal regimes applicable in Arctica and Antarctica. He thus incorporates the international law of the sea, environmental law, and resource management. This publication is one of those one-of-a-kind works that should make librarians feel uncomfortable if they were to overlook its utility in terms of having this icing on the cake part of a full International Law collection.
Part I provides the geographical and environmental landscape; Part II, the applicable legal regime, including the Antarctic Treaty and initiatives for Arctic regional co-operation; Part III, the impact of these systems in various facets of International Law; Part IV, concluding with the author’s assessment of the relationship between the polar and international legal regimes.
· Susan Rudolph & James Piscatori (ed.), Transnational Religion & Fading States (Westview, 1997) 0-8133-2768-7 [paper: 280]--
The contemporary assault on sovereignty (evinced by the devolution of larger States into smaller States since the close of the Cold War) is not devoid of religious content. This work assesses the crossing of State boundaries by religious movements. The authors portray both the East-West and North-South components of this phenomenon, emphasizing the double edged potential for religious movements spawning both peace and conflict. They compare and contrast the self-generating and the centralized modes to forge a succinct, complete, and contemporary analysis of the sometimes symbiotic relationship between religion and the State.
· George Galdorisi, Beyond the Law of the Sea: New Directions for U.s. Oceans Policy (Preager, 1997) 0-275-95754-3 --
This reader overviews the Law of the Sea, examining the "law" in that term as well as the role of US Ocean policy in the evolution of the 1982 UN Convention. The three main parts begin with an analysis of the US posture in the negotiations of the three conferences (including the two prior to the current treaty). The middle part then delves into the focal points of the 1982 treaty which are central for US oceans policy. The final part addresses the issues faced by the US, as the 1982 treaty begins to achieve a wider degree of international participation.
This is an ideal publication for Law of the Sea courses, where the professor wishes to incorporate key US policy objectives. It might also serve a useful purpose for those presenting courses on international negotiations and security. While mostly descriptive, it does conclude with a major policy analysis which points the student or other reader in the new directions of the Law of the Sea–from the policy perspective of a major player on the international scene.
· Ahmad Razavi, Continental Shelf Delimitation and Related Maritime Issues in the Persian Gulf (Martinus Nijhoff, 1997) --
The author has herein provided a quite welcomed addition to the Law of the Sea literature on continental shelf issues, tailored to the maritime regime of the Persian Gulf. The presence of huge oil fields under its seabed have generated many conflicts, which are not likely to be resolved without further understanding of the issues succinctly presented in this book. Ethnic conflicts, imprecise borders, and the presence of numerous islands are just some of the factors which complicate the resolution of the region’s continental shelf regime. The author proposes equitable solutions, which would be far preferable to the imbalance which marks the area’s political waters.
· William Horton & Gerhard Wegan (ed.), Litigation Issues in the Distribution of Securities: An International Perspective (Kluwer, 1997) 90-411-0950-1 --
This book consists of the papers presented at a 1995 joint session of the International Bar Association’s International Litigation and Securities Committees in Paris. The individually-authored chapters are collated into five parts: Part One: disclosure standards and liability for misrepresentation (US, Canada, Japan, Korea, Spain, France, Netherlands); Part Two: conflicts of interest (England, Netherlands, Canada, US); Part Three: class actions (US, Australia, Ontario); Part Four: assessment of damages (US); and Part Five: international enforcement of regulatory schemes (US, Switzerland, England, Australia). One may thus draw a vast amount of regulatory detail from key jurisdictions in this one-of-a-kind publication.
Sources of Int’l Law
· V.D. Degnan, Sources of International Law (Martinus Nijhoff, 1997) 90-411-0421-6 --
While most International Law texts contain a general section or chapter on sources, few texts address this subject exclusively–or as well as this particular contribution to the literature. Prof. Degan tracks the usual Article 38 paradigm, but with a vigor that enhances the understanding of "sources" from the introductory explanation throughout the remainder of the text. This may also be the best explanation to date of the historical underpinnings of this critical feature of any International Law discourse.
The book unmasks the all-too-unfamiliar meaning of key terms like "general principles," "civilized" nations, and "practice" (by whom). It is very well written, offering an intelligent blueprint for surveying a rather intricate arena permeated by speculation rather than transparency. It is chocked full of scholarly support for its various premises, thus serving as an excellent spring board for virtually any endeavor to ascertain the content of International Law.
· Maurizio Ragazzi, the Concept of International Obligations Erga Omnes (Clarendon, 1997) 0-19-826480-1 --
The ICJ’s 1970 Barcelona Traction nationalization of property case (Second Phase) yielded something more than just judicial support for the result: the concept of obligations erga omnes, whereby a State possesses obligations "towards the international community as a whole ... [because] all States can be held to have a legal interest in their protection; they are obligations erga omnes. [towards all]." Such obligations, including the court’s examples of protection from slavery, racial discrimination, and genocide are conferred by international instruments of a universal character.
The author herein assimilates State practice, in a valiant defense of his five-element spectrum of the erga omnes obligations of States. He thus makes an invaluable contribution to an otherwise relatively ignored facet of public International Law, exposing the different layers of this limitation on State practice which approximates but is not quite synonymous with the more familiar concept of jus cogens. This book is one of those "musts" for any viable research collection in the field of International Law.
· Jorri Duursma, Fragmentation and the International Relations of micro-states: Self Determination and Statehood (Cambridge, 1996) 0-521-56360-7 --
This study analyzes the central legal issues confronting the European micro-States of Lichtenstein, San Marino, Monaco, Andorra, and the Vatican City. The author interweaves the regime of self-determination into this geo-arena. In these instances, her fundamental inquiry includes: the meaing of the term "people" in the micro-State context; how small an entity is entitled to this right; who can secede; and whether these entites are really States in the commonly described sense of the word. By drawing upon recent experience in Yugoslavia and Eastern Europe, the author nicely dovetails distinct but related events in the pursuit of a well-conceived analysis of micro-State relations.
· Mansour El-Kikhia, Libya’s Qaddafi (Univ. Press of Florida, 1997) 0-8130-1488-3 --
This will be a very informative reader for International Relations members of the UN Decade Group who wish to incorporate a fascinating analysis of the contemporary Libyan political landscape into their courses. It compares pre- and post-revolution Libya, examines the operative political, economic, and social systems in each era, and provides a controversial analysis of regional politics in relation to one country.
The author poignantly develops the theme that the vilification of the leader tends to be passed on to the populace by the western press. Yet, why should Libyans be characterized as any better or any worse than citizens of other nations, especially if many of them are victims rather than culprits? This book succinctly provides a very useful insight into the historical reasons for some of the contemporary idiosyncracies of a national politic which defies rational political behavior, in its politics of contradiction.
· Jean-Marie Henckaerts (ed.), the International Status of Taiwan in the New World Order: Legal and Political Considerations (Kluwer, 1996) 90-411-0929-3 --
The amorphous relationship between the PRC and Taiwan has not been sharply focused by developments in recognition analysis or by the action of the UN. This addition to the relevant literature examines the key elements for ascertaining Taiwan’s international legal status. The facets of this academic diamond include analyses of its attempt to regain membership/participation in the UN structure, current and potential relations with the PRC, US and European foreign policy, and of course the local political landscape.
The sixteen chapters are written by noted experts. Part I thus addresses Taiwan’s legal status; Part II covers the diplomatic isolation it has experienced; Part III, participation in international organizations; Part IV, a chapter on self-determination. The useful appendixes contain various materials which shed light on the obscurities of the "Taiwan" dilemma, including the 1971 UN General Assembly resolution restoring the Security Council seat to the PRC, and the Chinese and Taiwanese white papers on Taiwan. One may consult the bibliography for more useful detail.
· Sharon Korman, the Right of Conquest: the Acquisition of Territory by Force in International Law and Practice (Clarendon, 1996) 0-19-828007-6 --
For most of the period since creation of the Westphalian system of States, the conquering nation has enjoyed the sovereign right of conquest–carrying with it the acquisition of title to the conquered territory. (The UN Charter, among other international instruments, effectively vitiated this legal basis for gaining fresh title to another State’s sovereign territory.) The author herein summarizes the evolution of this regime, coupled with a precise legal description of the causes and consequences of the demise of the right of conquest in the 20th Century since WWII.
Part I covers the foundations of the European essence of this regime. Part II illustrates the influence of WWI, leading to the principle of self-determination and calling for the outlawing of aggressive wars. The author effectively uses the classic case studies–including East Jerusalem, the Golan Heights, Goa, the Falkland Islands, East Timor, and Kuwait–to depict the pluses and minuses if the demise of the right of conquest in International Law.
· Michael Noone & Yonah Alexander (ed.), Cases and Materials on Terrorism: Three Nations’ Response (Kluwer, 1997) 90-411-0278-7 --
This is the first casebook on terrorism. It presents materials regarding the national responses by England, Northern Ireland, and the United States. English law on political violence dates back some 300 years. Ireland represents a modern variation, in the sense that only Irish material with a distinctive perspective is included in this textbook. The US response is a part of this course material, suggesting how the latter nation is beginning to shift from the comparatively peaceful model to one increasingly confronted by terrorist acts. Much of this course focuses on the tension between security concerns and liberal democratic values found in common constitutional guarantees.
Part I addresses the national treatment of suspected aliens, in terms of making admission/ exclusion decisions, protecting civil rights, and extraditing political offenders. Part II covers citizens’ rights, and how these are impacted by anti-terrorism measures–membership in certain organizations, interrogation/detention, and various constitutional guarantees. Part III examines institutional restraints on governmental behavior. The authors assess use of military forces, governmental liability, and limitations on media coverage.
· Ernst-Ulrich Petersmann (ed.), International Trade Law and the Gatt/Wto Dispute Settlement System (Kluwer, 1997) 90-411-0684 7 --
This is the most recent addition to the Kluwer Studies in Transnational Economic Law series. It consists of twenty chaptered articles written by prominent members of the international trade bar, being edited by Prof. Petersmann–the WTO’s Legal Advisor. The indicators of this book’s utility include its succinct but scholarly treatment of the vital features of the WTO’s dispute resolution settlement procedure.
Part I begins an extensive book-length analysis of the WTO dispute resolution mechanisms with chapters on nullification/impairment, non-violation complaints, panel deference to national decisions, third-party intervention, and WTO appellate review. Part II addresses settlement practice regarding anti-dumping law, the environment, agriculture/textiles, restrictive business practices, commercial aviation disputes, and intellectual property. Part III covers settlement of trade disputes in regional free trade agreements and in national courts. The annexes include very useful compilations, including the Table of Panel Reports under GATT 1947, the Tokyo Round of 1979, WTO Rules and Procedures for the trial and appellate bodies.
· Townsend Hoppes & Douglas Brinkley, Fdr and the Creation of the U.n. (Yale, 1997) 0-300-06930-8 --
This will be an excellent reader for undergraduate courses in International Law, as well as general reading for many specifics regarding the UN’s evolution, FDR’s role, and why his objectives remain a viable feature in contemporary UN reform analysis. The explosion of UN peacekeeping efforts since the demise of the Cold War suggest that there is still a significant value in retaining UN functions as a high priority in US foreign policy. If more politicians were to read this work, the issues underlying US support of the UN might not be as obscure.
One may herein obtain a fascinating and well-written account of the UN’s conception, the role of the US Government, negotiations between the Allies, and how FDR was convinced that creation of this organization would obviate the devices which led to the first two world wars of the Twentieth Century. There is a generous infusion of repertoire regarding the roles played by other leading statesmen.
· Joachim Muller (ed.), Reforming the United Nations (Kluwer, 1997) Vol.1: 90-411-0329-5, Vol.2 90-411-0330-9, Vol.3 90-411-0331-7 [three volumes]--
The end of the Cold War, and the advent of the UN’s fiftieth birthday, ushered in the now familiar cry for "UN reform." This exhaustive and yet selective compilation converges fifty key reform proposals, conceived from both within and outside of the UN. This material is supplemented by decades of relevant primary documents, all of which bear upon the propriety of the respective reform proposals now pending before the international community. It is a compendium which serves as an invaluable reference for international decision makers, as well as researchers.
The various proposals emanate from a wide variety of resources: intergovernmental committees, the Security Council Summit Meeting (1992, leading to Agenda for Peace), NGOs, diplomats, government officials, Secretary-General reports, international commissions, governmental position papers, Gorbachev’s article about the relationship between the UN and the former USSR, various private organizations such as the Heritage Foundation, and historical reports including Khrushchev’s proposal to replace the UN Secretary-General with a troika (representing the three power blocs of the Cold War).
This massive publication, without consecutive pagination but approaching three-thousand pages, contains reform initiatives on all of the critical topics including finance, development, North-South dialogue, overall efficiency, end of the Cold War, the Secretary-General’s Agenda for Peace, UN resolutions, and security measures–to name a few.
All readers interested in UN reform are invited to personally peruse this particular collection, to assess the inestimable utility of this lynchpin in the research repository of any significant UN or International Law collection.
· Daniel Bethlehem & Marc Weller, the `Yugoslav’ Crisis in International Law: General Issues Part i (Cambridge, 1997) 0-521-46304-1 --
This is a significant contribution to the Cambridge International Documents Series (which includes like material collections on Kuwait, Money Laundering, Regional Peacekeeping, Refugees, and Criminal/Business Regulation). The authors have amassed the most critical documents relating to the breakup of the former Socialist Republic of Yugoslavia that exists between two covers. They effectively chronicle what occurred via mostly UN resolutions that provide the legal framework for analyzing questions involving discreet legal issues, including the "rump State’s" place within the UN framework.
Subsequent volumes will contain related materials involving human rights and economic sanctions. This first volume thus presents resolutions and statement of the UN Security Council, provisional verbatim records of Council meetings, and reports of the Secretary-General related to these proceedings.
Zones of Peace
· Surya Subedi, Land and Maritime Zones of Peace in International Law (Clarendon, 1996) 0-19-826096-2 --
Nations have attempted to create "zones of peace" (ZOP) in the last several decades, both with and without the UN process. The author herein presents the various declarations and proposals for land and maritime zones, and the legal problems they have spawned. State practice, and International Law generally, have not provided a comfortable solution for exonerating either the presence of such zones or the circumstances which would exist but for their establishment. This is a first of its kind treatment of such ZOP, and should be consulted in International Law and International Relations courses wherein the professor desires completeness of coverage in matters of sovereignty, self-defense, and devices for limiting (or exacerbating) the potential use of force.
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