This section of the Newsletter succinctly reviews books of interest to members. I would like to especially thank Martinus Nijhoff for its continuing support of this workproduct of the ASIL. The entries are arranged alphabetically by subject area for ease of reader reference. Address information for the referenced publishers ( ) is listed at the end of this section of the Newsletter.
| Africa | | Religion |
| Arms Control | Int'l Organization | Treatises |
| Careers/Scholarships | Int'l Relations | United Nations |
| Diplomacy | Latin America | Use of Force |
| Economics | Private Int'l Law | Publishers Information |
| Environment | NAFTA | Human Rights |
This bibliography chronicles the evolution of the OAU. That organization,
created in 1963, has been tested by its members (e.g., the Chad-Libya hostilities, Nigeria's civil
war, and Uganda's human rights abuses). The OAU nevertheless serves as an international
community of States pursuing the variety of objectives including the monitoring of the African
economic crisis and the human rights of the inhabitants of member States.
This is an annotated bibliography, providing more than just a well-organized
listing of relevant writings on OAU activities. The front materials include a comprehensive
chronology of events (1958-1993), membership, chairpersons, and agencies.
The book is divided into seven parts: Literature on the OAU; Origins; Structure; General
Assessments; Issues; The OAU in African Politics; and The OAU in World Politics. There are a
number of subtopics within each part. The book has been splendidly structured, so as to provide
researchers with useful guidance on where to look for the relevant OAU literature.
A number of African scholars have contributed to this first edition of the African
Yearbook. The African Association of International Law has thus launched a publication
associated with its objective "to foster the development and dissemination of African perspectives
and practices of international law." This is the inaugural volume that promotes a convenient
intellectual forum for the dissemination of African perspectives.
This hardbound volume opens with a special theme: Namibia and the Independence Process.
This focus consists of four articles including an overview of the long struggle for Namibian
independence, the role of UNTAG, and political amnesty for Namibian refugees.
The articles in this first volume continue with entries on treaty-making in the environment, and
two French-language articles on the UN Conference on African applications of the Law of the
Sea.
The Notes and Comments section of the volume contain articles on the OAU treaty, African
environmental law, a French-language article on the OAU and the development of International
Law, ending with an article on human rights in Africa.
The Basic Documents section contains the following entries: OAU treaty Establishing the
African Economic Community; The Bamako Convention on the importation of hazardous wastes
into Africa; and the OAU Charter and Declarations on Rights of the Child and agreements
adopted by the Assembly Heads of State.
This particular publication will be a welcomed addition to the literature on the evolution and impact of International Law on Africa.
The UN Institute for Disarmament Research (UNDIR) was created in 1980. This contribution
explores approaches to the resolution of this recurring problem. Its objective is to provide
relevant details about the interrelated pursuit of increased security via decreased armaments. This
particular project is the fruit of two years of research by UNDIR and the Graduate Institute of
International Studies in Geneva, with financial assistance from the Swiss Government. The study
illustrates that post-war arms control regimes are marked by the objective circumstances resulting
from the particular conflict. There does not appear to be any standardized "peace treaty," for
example, that one could use to typify how the victor deals with the vanquished. There are some
common features, however, which raise the question of the long-range utility of coerced treaties
that are not the product of a negotiated post-war settlement.
Nine authors, from different countries, structured this project in eight chapters on the
following subjects: (1) German disarmament after Versailles; (2) the Italian Peace Treaty of 1947;
(3) the military clauses of the (Paris) Allied Peace Treaties with Rumania, Bulgaria, and Hungary;
(4) Finland and the Peace Treaty of 1947; (5) the 1954 Brussels Treaty Protocol regarding
German arms control; (6) Japan; (7) the 1955 Austrian Treaty's arms limitation provisions; and (8)
the UN/Iraq mass weapons elimination regime. This portion of the text provides a wealth of
useful detail not readily available from any other source (between two covers).
The appendixes are the other half of this study. They provide the original provisions from
which the authors draw both data and their conclusions in this one-of-a-kind research project.
This is a very useful sourcebook for those of us who are peppered with student questions
about "Where do I go from here?" This is a comprehensive guide for ascertaining information
regarding scholarships, grants, and internships. It is not always convenient to access or lend
information contained in on-line computerized services when responding to such spontaneous
questions between classes. Students always appreciate your being able to hand them some source
material on this increasingly familiar topic of academic dialogue.
It focuses on international study, a matter for which there is less information available than the
usual sources about the availability of such funding in the US. It is useful for both the American
studying abroad and the foreign student who wishes to find opportunities in the US.
This reference work is organized to provide access in three different ways: by eligibility
requirements; by field of study; and alphabetically. It contains complete application information,
sample form letters, and tips on applying to programs ranging from high school to post-doctoral
studies.
Over eighty percent of the grant applications to the 23,000 foundations in the US are either
misdirected or filled out improperly. This directory thus provides the details for expeditious
access to private sector funding.
This handy booklet is a guide to over 100 advanced degree programs offered by 55
universities, in 40 legal specialities. It generally provides application requirements, deadlines,
tuition costs, program duration, etc. It also lists specialized programs available for foreign law
students, those interested in interdisciplinary studies, and master & doctoral degrees.
This directory is organized by state of the US. It also carries a brief but useful glossary that
identifies the various degrees such as JD, LLM, JSM, etc.
This resource provides employment information regarding jobs with the US federal
government overseas, the United Nations, international banking, management and consulting,
international business, journalism and communications, teaching, and International Law.
International Jobs also provides suggestions on writing a suitable resume,
interview techniques including attributes of the ideal candidate, and the names and addresses of
hundreds of prospective employers.
Part I covers international career planning and job strategy. Part II presents the international
job market. A bibliography provides added resources for more specialized inquiries.
Given the demise of the Cold War, and the related movement in the direction of global democracy and market capitalism, there are opportunities that have recently opened up to the individual seeking employment abroad. This publication assists in the normally burdensome task of finding such opportunities. The author's background includes service in the Foreign Service for more than two decades, and being the Dean of Columbia's School of International and Public Affairs.
This is a fascinating account of the behind-the-scenes negotiations when States, or other
international actors who are not officially talking to each other must nevertheless communicate.
Contemporary examples include the Israeli/PLO and Great Britain/Sinn Fein
negotiations--sometimes so secret that the very fact of the discussions could trigger violence.
There are also the classic examples of the Swiss and Czech embassies during the early days of the
US/Cuban crisis of the 1960s, the Iran/US hostage negotiations of the late 1970s, and the
Sino-American rapproachment of the 1980s.
The author structures the chapters in terms of the various devices for actually conducting such
negotiations: Shuttered Embassy; Intermediary; Disguised Embassy; Working Funeral; Diplomatic
Corps; Special Envoy; and the Joint Commission. These chapters evaluate the advantages and
disadvantages of each device. One of the most interesting features of this study is the frequency
with which mortal enemies have engaged in these unofficial meetings in each decade since the end
of World War II.
This book provides useful depth, for teachers emphasizing diplomacy in their international
courses; and, interesting reading for anyone searching for information on the full panoply of
diplomatic relations.
As the contemporary breakdown of sovereignty continues, there is an emerging paradox that
forms the core of this "best seller." As States and multinational corporations break down into
smaller entities, less rigid economic entities are on the rise. This phenomenon is rooted in the
degree of modern global communications. Telecommunications thus link Ethiopia with Detroit,
rural and urban communities, and public and private entities throughout the world.
Tourism, for example, is probably the fastest growing international business. Third World
countries can use it to upgrade their economies, moreso than relying on the strings attached to
foreign aid. It incites the interest of many States in distant cultures and tribes. The author's
premise is that the more universal "we" become, the more tribal we act. The demise of
sovereignty, in the sense elicited by terms like "Westphalia" and "Soviet Union," is empowering
new and smaller groups that are undertaking the marketplace operations of the traditional State or
multinational corporation.
Each issue, I try to include a publication that is somewhat broader than our usual reading list.
There is no doubt that you will find this one both a fascinating and instructive perception of the
restructuring international marketplace.
This treatise could be used as required reading for a course on International Environmental
Law (IEL). Major contemporary developments are captured and summarized in the
fourteen-chapter analysis of this "emerging" discipline. It does not provide only policy analysis,
nor does it get bogged down in an attempt to capture all details of the numerous treaties on point.
It does present an authoritative "nutshell" of the law concerning protection of the world's
environment.
The structure begins with several general chapters on the problems and solutions attempted by
international organizations. Chapters 3-5 then analyze the structure of IEL, in terms of
rights/obligations of States, enforcement/ dispute settlement, and the role of national law in the
right to a decent environment.
Following chapters then address a number of specific regimes involving the pollution of
international waters, protecting the atmosphere and outer space, and the principles associated
with "sustainable development."
The 1992 Earth Summit in Rio, and this year's Global Warming conference in Berlin are just a
few of the key indicators of the upcoming Twenty-First Century's over-riding concern with
environmental degradation. It is not surprising that the publishers are promoting these concerns
through their International Environmental Law & Policy Series. This particular addition is a
readily-updated looseleaf coverage of Europe's various environmental laws and regulations. This
is a useful method for keeping current, as the publishers intend to update this work on a regular
basis for legal practitioners on a regular basis (three supplements per year).
It is divided into three major parts, with many convenient index tabs to access individual
topics: natural, human, and man-made environments. Chapters 2 (European Natural
Environment), 3 (European Human Environment), 4 (European Man-Made Environment), and 7
(Community Legislation) have been published. Chapters 1 (Introduction), 5 (Systems), 6
(Community Cases), and 8 (a comprehensive Index) are yet to be published [for a total estimated
1,100 pages]. The currently available chapters are the most needed in terms of new regulations.
The organization is such that numerous tabbed index pages are available to quickly (and
conveniently) access the contents (in the absence of the Chapter 8 Index). Examples include: Air,
Noise, Water, Soil, Agriculture, Food, Products, Safety, Resources--to name a few.
This resource appears to be headed for the distinction of being one of the most convenient reference sources for practitioners on the latest environmental regulations from the European Union.
There are regional and global human rights institutions for receiving individual complaints
claiming State responsibility for failing to secure rights guaranteed by the relevant treaties.
Unfortunately, these institutions have become rather occupied with their increasing caseload.
This study thus addresses the underlying problems with the resulting limitation on human rights
enforcement.
Admissibility focuses on one regional, and one global, institution:
the European Commission of Human Rights (per Article 19 of the Convention for the Protection
of Human Rights and Fundamental Freedoms) and the UN Human Rights Committee (per Article
28 of the International Covenant on Civil and Political Rights). The author examines the
conditions for admissibility via an analysis of their respective decisions and case law. Ninety % of
the European petitions are deemed inadmissible, thus illustrating that the vast majority of the
caseload is done at the admissibility stage, rather than dealing with the merits of the individuals'
claims.
With certain procedural alterations, the "caseload" of these organs might be ameliorated in the
sense that more results could be obtained with less effort. Examples include a more restrictive
application of treaty provisions, which would thus eliminate some of the peripheral petitions (e.g.,
social rights, as opposed to equal protection under law). Another suggested streamlining would
be to shift some of the workload to subsidiary organs and/or individuals.
This is a lively and authoritative exploration of ways in which to further support the work of
the various human rights international organs by rethinking modes for streamlining their
processes. It provides a great deal of useful information for use in the literature of human rights
courses.
This is a new casebook in Foundation's University Casebook Series. It covers
the international components of both domestic and offshore markets. It focuses on the relevant
governmental policies of the US, European Union, and Japan.
A thirty-page introductory chapter yields the initial insight into a fascinating study of
international finance. Other chapters focus on cross-border banking and security activities
including investment, capital adequacy, clearance/settlement issues, and monetary exchange
regimes.
This appears to be the perfect primer because it provides only the most basic financial theory.
Law students would not have to possess a conspicuous sense of banking and securities law as a
practical prerequisite for this course. A 246-page manual, containing "Teaching Plans," provides
serviceable insight for the first-time teacher.
This book-length version of a neglected subject makes a significant contribution to the
ill-defined area of international organization. One of the difficulties is that this subject is not
susceptible to analysis solely in terms of just Public International Law. It also embraces both
"private" and "municipal" law. Post World War II developments generated commercial
exceptions to the historical rule of sovereign and organizational immunity. Further, there are
diverse applications of both forms of immunity in the various legal systems of the world. Thus,
the author has undertaken one of the more complex tasks of defining the current content of
"International Law."
The three phases of this book are (1) the identification of the function and purposes of various
intergovernmental organizations; (2) the establishment of privileges and immunities; and (3) the
precise nature of immunities according to the particular organization's task. It is well-supported,
drawing from the work of the International Law Commission, commentators, and both national
and international case law. The basic emphasis is placed on the UN.
In a major segment of the book, the author analyzes the British International Tin Council
litigation. He thus integrates his prior schematics with a particular application that nicely presents
functional paradigms.
Two prominent UN scholars provide this analysis of the UN's ability to operate without
substantial reform. This is the fourth in a contemporary series of related UN studies. They
examine the system as it now stands, and propose adjustments which would gradually transform
the UN into a more effective device for serving the future community of nations.
This study does not focus on peace and security matters, although there are mentioned as a
necessary adjunct. Instead, the authors discuss economic and social cooperation. They do not
suggest a major transformation of the varied elements of the UN system (for the present). They
do argue that certain antidotes should be acceptable to the powerful member States who do not
have the will to undertake radical surgery.
This book provides some detailed revisions, from the top down. It also considers the rich
environment of literature on the same subject from various regions of the globe. It is a good
reader for anyone concerned with the specifics of UN reform.
This is a monograph by the private organization devoted to UN reform. One of its members
was a presenter at the April, 1994 Annual Meeting Open Forum panel of the UN Decade Group
(Bryan MacPherson).
In the aftermath of the Cold War, the author depicts the Security Council as emerging to
become a "major and powerful player on the global scene." Nevertheless, he acknowledges its
needed reform. The issues explored include whether the Council could exercise its new
responsibilities in an arbitrary manner, and whether it needs institutional checks on its actions.
The various parts of this study trace the original peace and security mandate, expansion to control a variety of situations, and reform proposals to address jurisdictional objections. A number of other proposals, worthy of consideration, are provided in this short study of a very complex problem. This would be a useful addition to any collection focusing on UN reform.
While other books contain information regarding the evolution of the State system since the
Peace of Westphalia, this one is particularly useful for those seeking a precise analysis of the
history of the State under "modern" International Law.
The author examines the four European peace processes: Munster and Osnabruck
(1644-1648); Utrecht (1712-1715); Vienna (1814-1815); and Paris (1919-1920). These
international congresses shaped the evolution--for better or for worse--of the contemporary terms
"balance of power" and "self-determination."
The underlying premise of this book is that the structure of the State system does not depend
on common facts of international life such as conflict. Rather, it depends on "consensus
principles" which influence States in the conduct of their international relations. The "European"
system did not evolve instantly. There was (and is) a certain ebb and flow of behavioral norms
that erode and return over long periods of time. This work presents the underlying structure of
the principles affecting long-term State relations.
This would be a useful textbook for undergraduate professors who incorporate Latin
American perspectives into various international courses. It describes State interaction and their
involvement in regional peacekeeping and International Law.
This UN publication effectively sets the stage for the following review of the Krutzsch &
Trapp Commentary on the Chemical Weapons Convention. Any collector seeking
to focus or expand its Laws of War or Disarmament materials should consider procuring both of
these works. This particular study is the product of a project undertaken by the UN Institute for
Disarmament Research in 1989 (funded by the Ford Foundation). This comprehensive report
furnishes many details regarding the evolution of the key issues of the Chemical Weapons
Conference negotiations. It also analyzes the early positions of the numerous State participants.
The report is well-organized into fifteen chapters, beginning in Part One with a discussion of
the negotiating body, the "rolling text" (prior to adoption in 1992), and an overview of the various
attempts to achieve chemical arms control and disarmament. Part Two provides the author's
report on the key gaps and proposals in the draft instrument. This is the bulk of the book, thus
making it a very useful tool for tracing the developments leading to the final draft of 1992.
This is likely to be "the" guide to the 1992 Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on their Destruction--with its
objectives of destroying existing weapons and production facilities under international control.
The authors are experts in the related fields of International Law and the chemistry of toxic
substances. The authors have conveniently and candidly assembled their analyses of this
sophisticated instrument in a section by section format.
The dreaded impact of such weapons resurfaced in the 1990s. In WWI alone, there were a
reported 1,300,000 casualties, including 100,000 fatalities. The use of herbicides and irritants
during the Vietnam War became alarmingly widespread, leading to the Agent Orange litigation by
soldiers who served in the US military. More recently, several events led to an achievement not
possible during the Cold War--such as Iraq's treatment of its Kurdish population and its chemical
weapons threats, in the heat of battle, against Coalition Forces during the Gulf War. The
achievement is the recent signature of some 130 State parties since UN approval in 1992.
This treatment of the Convention chronologically addresses each part, on a line by line basis,
so that one may draw a clear picture of the meaning of both the letter and the spirit.
In seven chapters, several prominent authors establish their perceptions of the International
Law of War. The first chapter analyzes the process of economic coercion, as it crosses borders.
This is the first of the policy-oriented treatments of the subject throughout this book. The next
chapter illustrates how apparently integrated terms like "commencement of war" in fact pose a
falsely unitary problem when there is a diverse range of problems indicated by such common
characterization. The third chapter then undertakes what the authors concede to be the most
difficult of all--articulating the dividing line between permissible and impermissible coercion.
Sanctions are next addressed, in terms of implementing minimum order. The fifth chapter covers
neutrality as it relates to both the belligerents and third-parties. It exposes the fallacies associated
with continued use of the Nineteenth Century neutrality paradigm, which depended on the
legitimacy of waging war. The sixth chapter addresses combat scenarios and the destructive uses
of military forces and equipment--including the nuclear, chemical, biological components of this
process. The final chapter addresses occupation where final victory has not yet been achieved.
An underlying purpose of this book is to illustrate the need for the "wide assumption of shared responsibility for the maintenance of minimum order...." It presents a fascinating policy-oriented perspective on this ideal, cast in fresh terms of the "minimum order" for achieving acceptable compliance with the Law of War.
Appendix I lists common acronyms and abbreviations. Appendix II provides a convenient
listing of the western hemisphere's international trade organizations--in three languages (English,
French, and Spanish). Appendix III is a useful listing of addresses where additional information is
available regarding NAFTA and other hemispheric economic arrangements (including media and
university locations).
This edition continues a noble tradition in Private International Law (PIL or Conflicts of Law)
begun in 1935. While considered the standard reference text for conflicts studies in many
English-speaking nations, this work also serves as a guidepost for practitioners--particularly those
beyond "the Continent" who seek handy evidence of English and Community practice.
The major revisions in this edition include the Contracts and Trusts chapters to accommodate,
respectively, the British Contracts Act of 1990 and the Recognition of Trusts Act of 1987; case
law from the European Court of Justice and British courts; and developments in response to the
Civil Jurisdiction and Judgments Act of 1991. The authors also discuss proposed Law
Commission revisions and their potential impact on PIL.
There are no major "structural" changes to what is already the standard work in the field.
There is some considerable rewriting to update coverage.
This will be a jewel for any Conflicts collection that emphasizes diversity in perspectives. It is
written by a judge of the Family Court of Australia, with degrees from Sydney and the University
of Michigan.
This edition embraces the many changes occurring in Australian conflicts law during the latter
1980s. There have been fascinating development in terms of a distinct law of inter-Australian
conflicts, and new legislation on admiralty, checks (written instruments), corporations, and family
law.
The treatment of the subject is divided into nine parts. Part I General introduces the subject,
emphasizing conflicts within Australia and doctrinal theories; Part II Procedural analyzes
jurisdiction, inappropriate forum, and State immunity; Part III enforcement/awards addresses both
inter-Australian and foreign judgments; Part IV covers the choice of law paradigm, with all of the
usual academic and judicial trimmings; Part V covers obligations and torts; Part VI provides a
comprehensive analysis of family law; Part VII covers property; Part VIII bankruptcy and
corporations; and Part IX devolution on death.
This edition continues to expose the divergences between the British roots and the relatively
recent evolution of distinctly Australian perspectives in the last decade--as evidenced by the
various courts and the Legislature. A number of these differences have resulted from Australia's
adoption of various UN model conventions on conflict of laws.
Course texts in International Law are beginning to more fully identify the influence of religion
on the evolution of International Law. There has been a historical association between religion
and war, spawned by the Natural Law notion of the Just War (the best example being Mark Janis's
Influence of Religion on International Law, reviewed in a prior issue of the
Newsletter).
This reader, introduced by former President Jimmy Carter's Foreword, is a collection of fifteen
analyses by different authors. The underlying theme is to explore the role of religion in the
conduct of international relations during the era known as Modern International Law. The
separation of Church and State in countries like the US is not the only model. Also, the demise of
the Soviet Union has affected emerging eastern European approaches, previously suppressed
during prior decades.
This publication provides fresh perspectives that identify the influence of religion on the
apartheid, rearmament, sanctuary, the conduct war, etc. It is a useful attempt to sensitize the
reader to the integrated relation between these two disciplines--previously considered by some as
unnecessary to a full understanding of the evolution of International Law.
This perspective, by the University of Sydney's Professor of International Law, continues the
intellectually stimulating tradition begun in 1947. This treatment maintains the structure and
flavor of the earlier work, although it provides new perspectives drawn from events including the
end of the Cold War and the "renaissance" of the Security Council in the immediate aftermath of
the Persian Gulf War. It is, essentially, an update, of an already lucid treatment of the field of
International Law.
Its twenty chapters begin, of course, with the nature, sources, and subjects of International
Law. Ensuing chapters move through further details associated with the State as the primary
actor in International Law--sovereignty, jurisdiction, Law of the Sea, State responsibility, and
succession. The middle chapters address economic interests of the State, the environment, and
international transactions. The closing chapters cover treaties, war, and finally, international
institutions.
This treatise will be a useful addition to any collection seeking diversity of coverage so as to
include Australian perspectives.
This publication is an impressive assessment of the role of International Law in the US foreign
policy decisions related to the Grenada invasion of 1983--specifically, how the Reagan
Administration invoked International Law to support its actions. It nicely plugs one portion of
the ever-present analytical gap between law and politics in International Law.
This book is not a matter that should be relegated to only history. There is no more Cold War,
Soviet Union, and worldwide specter of nuclear proliferation. But the unilateral use of force in
such contexts continues to be the most forceful test of the efficacy of International Law. While it
focuses on UN Charter principles regarding the use of force, the author points out that it is
impossible to articulate the precise impact of the role of International Law on policy analysis and
decisionmaking.
The chapters address the various stages in the days before, during, and after the invasion of
Grenada; and, the methodology employed to incorporate international legal principles into the US
decisionmaking.
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