DePaul UniversityFrom the SelectedWorks of M. Cherif Bassiouni

1974

Book review: reviewing PhilippeRichard, La Convention De Tokyo(Lausanne, Rene Thonney-Dupraz,1971)M. Bassiouni, DePaul University

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Citation: 68 Am. J. Int'l L. 162, 175 (1974)Provided by: Rinn Law Library

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TE AWEICAN JOURNAL OF INTEBNATIONAL LAW

and to avoid trespassing on the responsibilities of governments. Histhoughtfully phrased speech to the American Association for the UnitedNations in 1953 is especially telling in retrospect.

Among the achievements in Hammarskjild's first three years were theconvening of the conference on the peaceful applications of nuclear en-ergy in 1955-a significant breakthrough in Soviet-United States relations,made possible in part by Hammarskj6ld's behind the scenes efforts. Like-wise notable was the Secretary-Generals opening of conversations withPremier Chou En-Lai of the People's Republic of China, leading to therelease of American fliers captured during the Korean War, a step pavingthe way for an easing of tensions between the United States and China.Meticulous planning and consumate diplomacy helped assure favorableissues. Less success was attained on critical Middle Eastern affairs, al-though talks he held in the spring of 1956 contributed to affirming thearmistices.

Two addresses on international law are of interest. The "developmentof the law is not," he declared before the American Bar Association, an"end to be sought for itself, but is a means by which other ends may beattained in an orderly and lasting way." Speaking later in New YorkCity the Secretary-General saw it "essential to consider international lawnot as a body of doctrine, but as a means of achieving rational and orderlycooperation in the evolution of vital international problems"-a viewpointworthy of recall in connection with the Law of the Sea parleys due tobegin this year.

Dean Cordier and Wilder Foote have performed a valuable service incollecting, editing, and publishing the 115 papers included in this secondvolume of their series on the Secretaries-General. 1 Insightful notes addmeasurably to the usefulness of the book. The Introduction contains aninformative account of the nomination of Dag Hammarskjild to the post,his background in the Swedish Government, and the qualities that ledto his success at the United Nations. The Columbia University Press hasprovided an admirably clear format. This is a scholarly work of firstmagnitude that adds substantially to the literature of international lawand diplomacy.

NoRmAN J. PADEo r

BUEFRF NoTEs

The Law of War-A Documentary History. By Leon Friedman. (NewYork: Random House, 1972. 2 volumes. pp. xxv, 1737. Index.) Thebulk of the material in these two volumes is available in any reasonablystocked international law library: the Hague Conventions of 1899 and1907; the Geneva Conventions of 1929 and 1949; and reports of the majorwar crimes trials which took place in the wake of the Second World War.Other material is less readily accessible outside the United States as, for

I Volume one in the series, covering the Secretary-Generalship of Trygve Lie (1946-1953) was reviewed in 64 AJIL 207 (1970).

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instance, the reports of the Wirz Trial (1865) and the reports relating tothe United States campaigns of 1900 and 1901 in the Philippine Islands.It may be noted that all but one of the war crimes trials reprinted fromthe London series of Law Reports of Trials of War Criminals (1947-1949)have made their way to the Western Hemisphere intact, including theoriginal case notes. Comparable notes in other cases would have beenwelcome.

Telford Taylor's Preface and the editor's introduction on "Hugo Grotiusand the Law of War" must, perhaps, serve as substitutes for what mighthave been thought indispensable in a reference work of this type: aless sketchy treatment of the historical evolution of the Law of ArmedConflict and a selective bibliography, including the critical literature onthe conventions and case law presented. The work concludes with theinstructions from the Military judges to the Court Members in the Galleyand Medina courts-martial. As Mr. Friedman points out, a comparisonof the instructions in the Medina case with those in the Yamashita case(1945) (p. 46) invites reflection on the frailty of legal restraints in con-temporary warfare and the different standards expected to be maintainedby one's own and enemy armed forces.

The Documentary History can be recommended for purposes of subsidi-ary reading and to libraries lacking any documentation on the Law ofArmed Conflict.

GEORG SCI WAZENBERGER

Compendium van het Volkenrecht. By P. van Heijnsbergen. (Deventer:N. V. Uitgeversmaatschappij AE. E. Kluwer, 1972. pp. xii, 184. Index.Fl. 26.) Besides being compendious, as indicated by its title, this is awell-written elementary textbook in the Dutch language. After eachsection pertinent references are given, mostly of post-World War II vin-tage. In addition, over fifty treatises (in Dutch, English, French, German,and Russian) are listed.

The topics treated are chosen so as to emphasize the development ofinternational law within the framework of the United Nations. After anintroductory historical chapter, there follow chapters on the League ofNations and the UN; adjudication; rules of law (treaties, customs, generalprinciples); diplomatic and consular law; law of areas of common use(sea, polar regions, outer space); and lastly the law of war (jus ad bellum,]us in bello, and neutrality).

EDWARD DU-mArLD

Introduction au Droit des Traits. By Paul Reuter. (Paris: LibrairieArmand Colin, Collection U, 1972, pp. 236. Index. F. 22.) The modesttitle of this small volume conceals the mastery, the freshness of approach,and the perceptiveness with which Professor Reuter unfolds the law oftreaties. The juridical processes on which he centers attention are illuminedby observations on the sociological and historical framework in which theyoperate, as well as the practice of states. It is useful that particular atten-tion is given to French practice in relation to treaties.

The style of the book is to set forth in 287 numbered paragraphs theauthors considered analysis of the law of treaties. Most of these paragraphsare supplemented in a separate section by Notes compl~mentaires whichare by no means limited to bibliographical citations, but provide, as theirlabel indicates, complementary commentaries or suggestions for further con-

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sideration. Basic in this introduction to the law of treaties are the pro-visions of the Vienna Convention on the Law of Treaties to the preparationof which Professor Reuter contributed both as a member of the UN Inter-national Law Commission and as a member of the French delegation atVienna. However, he has not hesitated to treat briefly problems not cov-ered by the Vienna Convention, e.g., treaties and state succession, inter-national organizations and the law of treaties, and the law of treaties andstate responsibility.

Not only is the student first making a serious study of the law of treatiesfortunate to have this book, but students who have a lifetime familiaritywith the subject will also be indebted to Professor Reuter for the illumina-tion he so -gracefully provides.

HEiT W. BRIGGS

Principles of Public International Law. (2nd ed.) By Ian Brownlie.(Oxford: Oxford University Press, 1973. pp. 733. Index. $27.25, cloth;$11.75, paper.) The second edition of Dr. Brownlies Principles of PublicInternational Law is some 140 pages longer than its predecessor published in1966. By lengthening his text in this way, the learned author has not onlybeen able to bring his original material up to date, but has introduced newsections on treaties and the interpretation of statutes in the United King-dom arising out of such cases as Ellerman Lines v. Murray and Corocraftv. Pan American Airways (pp. 50-51); micro-states, concerning which hepoints out that "there are many problems to be faced, not least that ofestablishing criteria for ordinary membership" of international organizations(p. 88); non-recognition and sanctions, in which he suggests "assumingthat Rhodesia satisfies the normal criteria of statehood, particular mattersof fact and law provide a basis for a duty of non-recognition" (pp. 100-01);novation, arising out of Verzijl's view that this constitutes a mode of acquir-ing territorial sovereignty (pp. 165-66); oil pollution casualties and "pirate"radio (pp. 250-51), although the Canadian legislation concerning theArctic is referred to in the discussion of the territorial sea and analogousclaims with a mere indication that the "United States does not accept thelegality of this extension of jurisdiction" (p. 219); extraterritorial enforce-ment measures, involving discussion of the Bonner Amendment and theAlcoa and Watchmakers of Switzerland cases (pp. 299-301); space vehi-cles, indicating some of the problems concerning the status of these objects(pp. 414-15); causes of action and control of discretionary powers arisingout of the Barcelona Traction and the South West Africa cases (pp. 460-63); the obligation to end an illegal situation as in the case of South Africaand Namibia, although there is no comment as to the true validity of theCourts "view that the illegality of the situation was opposable to all statesand not merely to members of the United Nations" (pp. 502-03); and thestandard of nondiscrimination in the field of human rights (pp. 578-80).It will be interesting to read the author's comments on recent British immi-gration legislation regarding Commonwealth citizens and Uganda's treat-ment of its non-African population in the third edition when it appears.

In addition to the new material, Dr. Brownlie has reorganized some ofhis former contents, with the result that, for example, the continental shelfis now discussed in a new chapter on submarine areas. Although thelearned author has sought to take account of developments to August 1972(pp. v-vi), recent developments have already outrun some of his briefercomments, and it is likely that he would no longer be satisfied with a merefive-line sentence on aerial hijacking (p. 313), while "terrorism" does noteven appear in the index.

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As was the case with the first edition, Brownlie's Principles of Public In-ternaitonal Law may be recommended as as one of the most interesting andreadable legal texts in the English language.

L. C. G n~

Die Stellung der allgemeinen Regeln des V6lkerrechts im innerstaatlichenRecht. By Georgios Papadimitriu. (Berlin: Duncker & Humblot 1972.pp. 121. DM. 26.60.) This German doctoral dissertation by a Greek au-thor examines the application of the general rules of international law underthe laws, in particular, of the Federal Republic of Germany, Belgium, andGreece. General rules of international law, using a term employed in theBonn Basic Law, are taken to denote general customary international law,with such general principles of law as may complement it, while exclud-ing conventional as well as particular customary international law. Mu-nicipal laws applying the general rules as thus defined are reviewed in thelight of the doctrines (the author prefers to call them "methods") of trans-formation, execution, adoption, and their variants. The author givestheoretical preference to what he calls a moderate method of execution,which assumes an act of municipal law to create the interrelations between

the municipal and international legal systems required for municipal ap-plication of the international rule concerned. He finds this in accord withthe effects, if not always the language, of constitutional and statutory pro-visions and judicial decisions in the three countries. Useful references anda table of cases are provided, but the treatment as a whole leans heavilyon rigid conceptual categories derived from previous Continental discus-sions, adding little to them beyond further terminological distinctions.

KURT WIlK

Environmental Policy: Concepts and International Implications. AlbertE. Utton and Daniel H. Henning (eds.). (New York: Praeger Publishers,1973. pp. ix, 266. $15.00.) This work is a collection of articles from twovolumes of Natural Resources Journal (July 1971 and April 1972) whichwere devoted to diverse aspects of environmental policy decisionmaking.The editors have endeavored to select contributions that build "a theoreti-cal basis of environmental policy . . . oriented along theoretical, con-ceptual, and philosophical lines."

Among others, the contributors include Senator Henry M. Jackson,Lynton K. Caldwell, Richard A. Falk, L. F. E. Goldie, and Abel Wolnan.Interesting insights are provided on such important topics as the environ-ment and world order, the changing structure of international eco-policy,global pollution and human rights, and national sovereignty vis-&-vis inter-national environmental decisionmaking. Obviously, the articles vary inquality. Many are well-documented, whereas others emerge as philosophi-cal rhetoric. More disturbing is the fact that less than half of the selectionsdeal wholly with international implications of the environmental crisis;most pertain to the United States as a distinct problem area. Even so, onecan justify this preoccupation on the ground that as the world's most in-dustrialized nation, the United States is concomitantly the worlds greatestuser of natural resources and worst polluter.

This anthology is a worthy effort aimed at filling a void in internationallegal materials. Despite the outpouring of literature in the last five yearson a multiplicity of ecological subjects, a dearth of relevant legal scholar-ship from the global viewpoint still exists. This is particularly true regard-ing the conceptual and theoretical foundations of environmental policy.One serious omission should not go unnoticed-the lack of a single article

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devoted to the earth's population explosion and its international legal im-plications. Yet, the editors have fulfilled an academic responsibility and aservice for the environmentally interested scholar. Fresh perspectives areoffered on polemical questions of ecological import. It is to be hoped thatthese will engender further inquiry and research into environmental policyin today's global community and contribute solutions for a just and humanelegal order.

CamsToPmM C. JOYNER

La revisione dei trattati. Spunti critico ricostruttivi. By GiancarloGuarino. (Naples: Jovene, 1971. pp. xx, 237. L.3500.) The high watermark of international legal literature on peaceful change and revision oftreaties seems to have been reached during the more optimistic years ofthe League of Nations period, from the viewpoint of quantity as well asquality (with Hoyt and Leca as notable exceptions to the rule). Dr.Guarino's book definitely does not change this impression. Its most strik-ing features lie not in the field of legal analysis in the strict sense but in astructuralist approach a la Piaget and a rather unsophisticated use of con-cepts like "power," "conflict" etc. The existence of modern internationalrelations (especially systems) theory apparently has not come to the au-thors mind. Its use would have been indispensable, however, in order togain new insight into this difficult topic.

The book carries an index of authors, but neither a bibliography nor a sub-ject index. BRUNo Sn

Le droit des relations internationales. By Roger Pinto. (Paris: Payot,1972. pp. 372. Index. Fr. 49.60.) In this book, Professor Pinto attemptsto outline the present significance of law in international relations. Whilethe keystone of the international legal system is the state, economic andtechnological changes as well as the development of worldwide means ofcommunication and information have placed the state in a markedly differ-ent context from that in which international law has hitherto evolved. To-day's international law reflects the contradictions and tensions of a socialmilieu in the process of change. On the one hand, man has been able toconquer space and land on the moon and yet, on the other hand, he hasnot been able to solve the problem of feeding the world's population.The development of resounding declarations and treaties on human rightsis accompanied by massacres of whole populations.

Professor Pinto covers the whole gamut of his chosen subject. In doingso, he has managed to give a useful theoretical survey of the law of in-ternational relations and at the same time to illustrate his points withmany practical examples taken from case law, treaties, national practice,and legal literature.

This far-ranging book discusses such topics as whether internationallaw exists; the creation of the rules of public international law; the ap-plication of these rules; litigation about the rules; problems of inter-pretation; the use of force for ensuring compliance with the rules of inter-national law and the maintenance of peace; and the conduct of armedoperations. Professor Pinto points out the prime difficulty faced by allthose who study or practice public international law, namely, that nointernational authority has an effective monopoly on the use of armedforce to ensure respect for the law and public peace. Nevertheless, heconcludes that an international law governing international relations exists,

[Vol. 08

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although the source of that law is varied, sometimes being found in astate (e.g., procedures for the creation, application, and verification ofthe rules) and sometimes in interstate procedures.

A useful bibliographical section contains a general note on Frenchsource material and libraries; a select bibliography on the general theoryand history of public international law, as well as on the interpretation ofinternational law in Australia, Canada, the Soviet Union, and the UnitedStates; a note on collections of international agreements, and a list ofcollections of international case law.

Professor Pinto has prepared a most helpful book that cannot beignored by the student and practitioner. To the former, he gives an ex-cellent statement of legal theory; to the latter he gives a novel and up-to-date look at some old ideas in a modern context.

GEnLD F. FrrzGERA)

Das Gewaltverbot der Satzung der Vereinten Nationen und die Anwend-ung Nichtmilitdrischer Gewalt. By iRolf M. Derpa. (Bad Homburg:Athenium Verlag, 1970. pp. 149. Bibliography.) The precise meaningof almost any formula of words is subject to dispute. Article 2(4) ofthe United Nations Charter, requiring states to refrain in their internationalrelations "from the threat or use of force against the territorial integrityor political independence of any state, or in any other manner inconsistentwith the Purposes of the United Nations," is no exception to the generalrule. Rolf M. Derpa, in an elegant monograph, has analyzed the mean-ing of this prescription as applied to nonmilitary, nonphysical force, suchas embargoes, the cancelling of credit, or the breaking off of diplomaticrelations or other economic or communications links.

The study begins with a short analysis of the word "force," findingit capable of differing interpretations despite the arguments of those wholimit the word to physical force as a matter of "plain meaning," I andpointing out that "territorial integrity" and "political independence" arealso concepts of slippery content. There follows a short "systemal analy-sis," concluding that use of the term "force" in Articles 2(4) and 44 ofthe Charter fills a role in the logical pattern of the framers significantlydifferent from that assigned to the words "armed force" in the Preambleand Articles 41 and 46. Three other short sections contain analyses ofthe historical background for Article 2(4), citations to Article 2(4) inUN General Assembly resolutions and some other multilateral declarations,and some argument for an expansive interpretation of the prohibition inArticle 2(4) based upon analogy: Since various nonmilitary pressuresnow fill the place that used to be filled by armed force in compellingstate subservience to the wishes of other states, should not the prohibitionon force be interpreted to forbid those new pressures as well as the old?

By far the longest section of the book is devoted to a "teleological analy-sis of the international order in which the prohibition of the threat oruse of force is envisaged as a reachable goal. This discussion points outthe futility of a too broad interpretation of the prohibition of the threator use of 'force" and the relationship of the prohibition to the limitationon "intervention" in Article 2(7) of the Charter, the concept of "aggres-sion," and, indeed, the entire range of the political order envisaged bythe Charter, including collective security arrangements and self-defense.

I Such as D. W. BowZrr, SEL.F-DnFcNE 3m INrERNA-oNAL LAw (Manchester, 1958)at 148.

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Dr. Derpa concludes that there is no overwhelmingly convincing argu-ment that Article 2(4) is accepted by states as prohibiting the threat oruse of nonmilitary, nonphysical force, although the evolution of the con-cept of "intervention" and its prohibition in general international lawmay make the problem moot.

The monograph as a whole is a model of technical legal research of thehighest order. It is a complete answer to those who feel that a strictlylegal approach to a world order problem necessarily gives insufficientweight to political factors for a realistic resolution. Since it is unlikelyto be translated, it is also a demonstration of the need for some Americaninternational lawyers in academical jobs to reconsider the routine way inwhich they dismiss as unnecessary a competency in foreign languages.

ALFrm P. RuBmI

La Convention de Tokyo. Etude de la Convention de Tokyo relativeaux infractions et il certains autres actes survenet i bord des A~ronefs.By Philippe Richard. (Lausanne: Imprimerie Pont Freres, 1971. pp.240.) This is a study of the Convention on Offenses and Certain OtherActs Committed on Board Aircraft, commonly known as the 1963 TokyoConvention. It discusses in exhaustive detail the proceedings of theTokyo Conference and the articles of the Convention, which the authortakes up one by one. The book follows a systematic and generally uni-form scheme of analysis. Each chapter is divided in sections referringto specific articles in the Convention and usually covers the legal principleinvolved; the different approaches to its application; the debates of theconference and other preparatory works and a brief historical note; andan appraisal of the codified text.

The thrust of the book is a narrow legislative analysis which reflectsonly in part the original thoughts of the author. The book contains aninteresting though limited discussion of theories of jurisdiction and theirapplication in penal law. The author suggests that sui generis penalviolations which pertain to aircraft ought to be treated as separate andapart from common crimes committed on board aircraft or in conjunctionwith aircraft and international civil aviation. This position, however, isnot in the mainstream of contemporary doctrine.- Even though the authorcovers the 1970 Hague Convention in a final chapter, he does not ade-quately treat the appurtenant problems of international criminal law. Theauthors methodology and style appear to be that of a European doctoraldissertation, which is very rigorous with respect to textual analysis butallows limited latitude for original appraisal, critical self-expression, andpolicy. M. C. BASSIOUNI

International Migration Law. By Richard Plender. (Leiden: A. W.Sijthoff, 1972. pp. xxi, 339. Index, Select Bibliography, Table of Statutesand of Cases. Dfl. 55.) Dr. Plender is Lecturer in Law at the Uni-versity of Exeter and Consultant to the Law and Population Program ofthe Fletcher School of Law Diplomacy. He is the author of severalremarkable articles on the expulsion of Asians from East Africa.

See e.g., Sundberg, Piracy: Air and Sea in BAssIoUNI and NANDA, A TR-ATiSE ON

IN rENATiONAL CRIMINAL Liw, Volume I, at 455-89 (1973), and MCWHINNEY,AERAL PmACY AND INTERNATioNAL LAw (1971).

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The Introduction deals with Immigration and Nationality Law. Arelatively important part of the work is devoted to nationality questions;they are of particular interest within the Commonwealth inasmuch as theCommonwealth countries have maintained the common status of "Com-monwealth citizens" or "British subjects," and also because numerous in-habitants of former British dependencies retained, after independence,their citizenship of the United Kingdom and Colonies.

The first chapter "Historical Perspectives" shows the increasing ten-dency to impose restrictions on immigration. The next chapter deals withthe duty of the state to admit its own nationals; on the question whetherthe state owes this duty only to other states or also to its nationals, theauthor seems inclined to the latter view. The following chapters dealwith the exceptional duty of states to admit aliens under customary lawor under treaty, with the territorial application of immigration laws,migration for employment, "quasi-migrants" (which term is used by theauthor for nonimmigrants), dependents, refugees, and prohibited immi-grants. The analysis of national legislation and administrative practiceshows that racial discrimination unfortunately still exists in immigration,which may well be inconsistent with the law of the United Nations. Ina postscript, "Naturalization and Registration," the question of acquisitionof nationality by migrants is examined. The problem of the existenceof rules of international law relating to migration is investigated by theinductive method, in the light of state practice. Each chapter containsa presentation of the legislation of a crosssection of states which, in itself,is valuable from the aspect of comparative law.

If any criticism may be made, it is more of a semantic nature. The term"1migration law" includes, it is believed, both the law of emigration and ofimmigration, but under this heading, Dr. Plender deals exclusively withadmission and immigration. It is perhaps regrettable that the author'sviews on the rules of international law limiting the freedom of states toadmit or not to admit migrants are not summarized in a concluding chap-ter; it becomes, however, clear from the text that the author, in commonwith most other writers, considers that they are few and far between,although some may be in statu nascendi, and that there is little supportfor the so-called interdependence theory in positive law.

The book is based on thorough knowledge and research; it is well docu-mented and well presented. The work fills a gap and is recommendedto all students of international and of comparative law.

PAUL WEIS

The Judiciary and Vietnam. By Anthony A. D Amato and Robert M.O'Neil. (New York: St. Martin's Press, 1972. pp. vii, 119. Bibliography.Index. $7.95, cloth; $2.95, paper.) This short volume contains a greatmass of American constitutional law, covering as it does the many abortiveefforts to obtain judicial rulings on the constitutionality of U.S. participa-tion in the hostilities in Vietnam. Case and controversy, ripeness, stand-ing, and justiciability (the "political question" problem) are all discussedin the context of the hurdles, sometimes apparently insurmountable,which they presented in the manifold attempts to find a way to overcomejudicial reluctance to enter a field which to most judges (Justice Douglaswas a notable exception) constituted far more of a "political thicket" thandid the elective process.,

1 Colegrove v. Green, 328 US 549, 556 (1949).

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Perhaps because of a need to parallel other volumes in the St. Martin'sSeries in American Politics, of which it is a part, the authors electednot to "burden the text with the scholarly apparatus of footnotes." 2 Whilethis is in some ways regrettable, as it tends to give the hardened readerof legal tomes the uneasy feeling that he is back at an undergraduatepolitical science level (perhaps this was the intended audience as wouldseem to be indicated by the rather elementary discussion of the federaljudicial system s), the authors do inform the reader where he may easilyfind all of the source material upon which they have relied. One caseto which considerable space is devoted,4 the suit brought by the thirteenCongressmen against Nixon, Laird, et al., has been decided (against theposition taken by the authors on the "political question") since the bookwas published.5

When one finishes reading this little volume he is left in no doubt asto the position of the authors: that the federal judiciary failed to faceup to its responsibility as a coordinate third branch of the governmentby refusing to pass upon the merits of the constitutional question of thelegality of the actions of a strong Executive in waging armed conflictin Indochina over a period of years despite the ever-increasing disapprovalof a seemingly powerless Legislature.6 Nevertheless, the book is almostsurprising in its objectivity and in its professional, but relatively simple,presentation of a complex subject.

HowAmD S. LEm

Trait des Territoires Dependants. Tome I, Le Systdme de Tutelled'Aprds la Charte de San Francisco; Tome II, L'Oeuvre Fonctionnelle desNations Unies Relative au Regime de Tutelle. By Nicolas Velcopoulos.(Athens: Le Centre National de la Recherche Scientifique, Press of theInstitut Frangais dAthenes, 1960, 1971. pp. 1-524, 525-1032. Indexes.)Dr. VeYcopoulos wrote the first volume of this set in Paris, 1949-1953. Be-cause the subject, the trusteeship system of the United Nations, is animportant one, Dr. VeYcopoulos's theoretical analysis of the origins andlegal structure of the system retained its interest during a seven year delayin publication. Even today, twenty years after the original text wascompleted, and in the evening of the trusteeship system, this thoroughand careful work remains a model of clear organization and scholarlyanalysis. The well-documented and qualified discussions of the relativerights and obligations of the various organs of the United Nations in-volved in aspects of the trusteeship system and of the relative rights andobligations of the administering power make the book a valuable researchtool.

The second volume, apparently completed in 1962, revised in 1968, andpublished in 1971, completes Dr. Veicopoulos's work on the trusteeshipsystem with a less theoretical analysis of the operation of the system inpractice. The successes of the system in expediting the transition fromdependency to orderly self-government in many African territories are

2Introductory note, Bibliography, 115. 3 pp. 6-11.-Pp. 32-34; 79-87; 99-100.5 Mitchell v. Laird, 476 F.2d 533, 12 ILM 631 (DC Cir. 1973).a In a letter to the Editor one of the authors (D'Amato) summarized the problem

in the context of the continued bombing in Cambodia. N.Y. Times, Apr. 11, 1973, at46, c. 5. Since then Congress has, of course, finally reasserted itself by enacting thecutoff of funds for such bombing effective Aug. 15, 1973, as well as other restrictivelegislation in the field.

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set forth along with factual discussions of the inability of the system toresolve some questions, notably with regard to Namibia. The tone isscholarly and carefully qualified throughout. To students and civil ser-vants researching the operation of the trusteeship system, the authorspainstaking research will be evident and the volume will be a verysignificant help.

A third volume dealing with Chapter XI of the United Nations Charter,non-self-governing territories not brought under the trusteeship system, isin process of preparation.

ALFRED P. RBIN

Les Enterprises Conjointes Internationales dans les Pays en Voie deDgveloppetnent. By Jean-Pierre B6guin. (Geneva: Institut Universitairede Hautes ttudes Internationales. 1972. pp. xxiii, 271. Index. Sw.F.40.) This book makes a contribution distinct from that of Joint Inter-national Business Ventures in Developing Countries (1971) 1 which theauthor wrote together with the late Wolfgang Friedmann, who did somuch to stimulate work in this area. The earlier book concentrated oncase studies, while the present one attempts an analytical, generalizingframework. Thus the student of this topic will need both.

After an initial chapter generally reviewing problems of foreign invest-ment in less developed countries, Mr. B6guin introduces the internationaljoint venture, its varieties, and its problems. Succeeding chapters discussdifferent allocations of ownership and control between foreign and localforces, changes in the initial balance of power, and, briskly, tax and anti-trust issues. In his third, concluding part, the author considers the fu-ture of the joint venture in a world of tension between insistence on eco-nomic sovereignty and a desire for development even at the price ofsome international cooperation. He predicts an increasing turning fromsimple foreign direct investment to joint ventures, especially those inwhich several foreign investors share efforts and risks, and to looser con-tractual arrangements without foreign ownership.

Mr. B6guin has read extensively, though not exhaustively 2 in the Ameri-can and foreign literature and he has profited from the research andinterviewing process in which he inmmersed himself. The American readerwill value the unique insights into specific enterprises afforded by thatresearch and will be interested in Mr. B6guin's general conclusions. Heshould not, however, rely on this book for solid detail at the practitioner'slevel about such issues as the effect of changes in the American ownershipof the venture on its status under the 1962 Revenue Act (p. 209), orthe problems of fixing a fair price on transactions between the joint ventureand the foreign investor (pp. 95-96).

DETLEV VAGTS

Survey of International Arbitrations 1794-1970. By A. M. Stuyt. (Lei-den: A. W. Sijthoff; Dobbs Ferry: Oceana Publications, Inc., 1972. pp.572. Indexes. $27.00.) The first edition (1939) of this book has provento be an invaluable tool for research in the history and practice of inter-

ISee Steiner, Book Review, 66 AJIL 682 (1972).2For example, J. VAUPEL & J. CuHA-N, THE MAKING OF MuLTiNATIONAL ENrr1-

rmsE 373, 509 (1969), contains data on the degree to which multinational enterprisesenter (and leave) joint ventures. This data was analyzed in L. FnA¢_o, JoINTVENTURt SuirivAL IN MuLTLNATioNAL CoRuonRAToxs (1971).

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national arbitration. The author, Professor of International Law at theUniversity of Nijmegen, The Netherlands, has added 14 new arbitrationsfor the period 1794-1938 and 29 new arbitrations for a total of 435 arbitra-tions. He has also restyled and rearranged the scheme, in each casenaming the parties, the matter in dispute, the constitution of the arbitraltribunal, the agreement to arbitrate together with the date, the law to beapplied, the award or other dispositions of the case, its date, the winningparty, the compliance, the places where the text was published, and acomprehensive bibliography. There are also surveys of 47 ad hoc settle-ments, 31 arbitrations between states and other entities, 17 conciliations,5 inquiries, and one mediation by Professor Max Sorensen concerningGerman secular property in Israel. The activities of the Permament Courtof International Justice and the International Court of Justice, adminis-trative tribunals of international organizations, regional tribunals in LatinAmerica and Europe, and the military tribunals of Nuremberg and Tokyoare listed in an appendix. An index to the parties to the arbitrations,an analytical index, and an index to both appendices are included.

All pertinent data concerning arbitrations since the Jay Treaty of No-vember 19, 1794 between Great Britain and the United States of Americacan be found in this unique survey of instances of international arbitrations.They may well serve as precedents for the future settlement of disputesin which states are involved.

MAanN Domma

La Clause de la Nation la Plus Favoris~e. By Edouard Sauvignon.(Grenoble: Presses Universitaires de Grenoble, 1972. pp. iv, 372. Bibli-ography. Index. F. 48.) This recent study of the most favored nationclause is a scholarly contribution which appears during a period of majortrade developments-a new round of GATT negotiations, expanding East-West trade, and concern about restrictive aspects of customs unions andpreference systems for developing countries. These problems are amongthose considered by Sauvignon, a faculty member at the University ofSocial Sciences in Grenoble, in three main sections: (1) the classic MFNapproach; (2) the MFN clause and different economic systems, whichanalyzes the operation of the clause among free market countries on theone hand, and between such countries and states with centrally plannedeconomies on the other; and (3) the MFN clause and preferential sys-tems, which discusses the effect of customs unions and free trade areason the MFN clause. The book is well footnoted; it includes a detailedtable of contents, a limited index, a table of cases, and twelve pages ofbibliography although much of the U.S. material included in the latteris chiefly of historical interest.

Among the book's interesting conclusions is that, while the MFN clausehas generally become more restricted in scope and more complex in op-eration, it is destined nonetheless to become more important in East-Westtrade as more Eastern countries join GATT and as economic decision-making in the East becomes more decentralized, pragmatic, and subjectto the profit motive and price competition. It is recognized that theprocess has a long way to go, especially in the Soviet Union. In the longrun, however, the author has hope that the GATT system will eliminatenontariff trade barriers and that lower tariffs will become widely applica-ble through a rehabilitated MFN clause. SmraN M. BoYu

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11E= NOTES

Amdrica Latina y la Clausula de la Nacidn Mds Favorecida. Papersby an Inter-American Study Group on International Law Problems forthe Carnegie Endowment for International Peace. Edited by FranciscoOrrego Vicufia. (Santiago de Chile: Ediciones Paulinas, 1972. pp. 318.Summaries in English.) This volume of nine essays serves primarily todemonstrate the particularly inappropriate nature of the most-favored-nation clause to economic conditions in Latin America and how in recentyears the Latin Americans have circumvented the clause to obtain theirobjectives in the field of economic integration. Although the clause stillstands in the basic integration treaties for the area, practice and circum-stance have rendered it almost a dead letter. At least six of the essayswould make a volume which might be titled more accurately Latin Ameri-can Economic Integration and the Impropriety and Demise of the Most-Favored-Nation Clause.

If it has proved such a hindrance to efforts at economic integration, whydid the drafters of the Treaty of Montevideo (LAFTA) and the Treatyof Managua (CACM) include a most-favored-nation clause in their inte-gration schemes? The GATT, to which many Latin American nationsadhere, had included the clause as one of the basic mechanisms for im-proving the world's trade system. Implicit in its inclusion is an endorse-ment of free trade, without more, as sufficient to develop a strong and justinternational economy. Thus, to qualify programs for regional integra-tion under the GATT, Latin American drafters included most-favored-nation clauses in both the LAFTA and CACM agreements but at thesame time they recognized that simple free trade under the GATT andits institutions was not a viable or complete means to development.

This collection is important not only for the presentation of concretecases of exception and avoidance of the most-favored-nation clause (somedating from the last century) but for the overall case it makes againstthat mechanism and its implicit endorsement of free-trade equality forall national participants in international commerce. Both lawyers andeconomists should read and consider this volume as they contemplate thechanges in existing institutional structures for international trade whichthe Third World push for development will ultimately force. Many ofthe changes have occurred de facto already. D~xE B. FUmNusH

Crescent and Star: Arab-Israeli Perspectives on the Middle East Conflict.Yonah Alexander and Nicholas N. Kittrie (eds.). (New York and To-ronto: AMS Press, Inc., 1973. pp. xiv, 486. $25.00, cloth; $6.95, paper.)Each of the thirteen chapters of this book ' is concerned with a majorarea of conflict in the Middle East controversy. The editors contributean analytical introduction to each, following which are selected essays,articles, excerpts from books, etc., illustrating Arab and Israeli positions onaspects of these issues. Some of the chapters are formally subdivided intosections dealing with more specific issues. Annexes set forth importantdocuments in the case, maps, and a selected bibliography.

The arguments presented for the most part appear to emanate from ad-vocates of one side or the other of the controversy (some are products of

' Chapter titles are: Nationalism and Statehood; Religious and Ethnical Conflicts;Minority and Human Rights; Arab Refugees; Expansionism and Boundary Conflicts;The Status of Jerusalem; The Jordan River; Freedom of Navigation; Aggression andSelf-Defense; Economic Warfare; Guerrilla Activities; The Role of the UN and theBig Powers; Negotiations and Peace.

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the Israeli government) and from within the geographic area of the con-flict. The format, which juxtaposes conflicting positions on particularissues, ,generally succeeds in its purpose of illuminating the issues. In theportions devoted to elucidating basic issues of the controversy, even well-informed readers may find some new insights. For students and moregeneral readers, the book provides a rich source of information and ideas.

A certain unevenness no doubt results in part from the inherent diffi-culty of organizing in such brief format the principal issues and argumentsof a controversy of this magnitude and complexity. The editors havefurther complicated their task by undertaking to provide readers not onlywith "unadorned background information from which they may maketheir own informed decisions," but also with some selections in the natureof propaganda which they deem significant "if only because they reflectthe real or imaginary grievances of the parties."

The editors have, on the whole, carried out successfully a formidabletask and their book should contribute significantly to better understandingof the Middle East conflict.

Jom W. HALnuIMAN

United Nations Resolutions. Series I, Resolutions Adopted by the Gen-eral Assembly. Volume I, 1946-1948. Dusan J. Djonovich (ed.). (DobbsFerry: Oceana Publications, 1973. pp. lxi, 505. $40.00.) A debt ofgratitude is owed to Oceana Publications for its latest ambitious project.Oceana has issued the first volume of a set which will include all of theresolutions adopted by the UN General Assembly, the Security Council,the Economic and Social Council, and the Trusteeship Council.

The need to pull these resolutions together in one coherent series with atopical index is obvious to anyone who has worked in the field. Duringthe 25th Anniversary Session of the General Assembly a number of UNmembers suggested the United Nations publish "a compilation containingthe full text of all Resolutions." The cost to the United Nations of em-barking on such a publishing venture was prohibitive. Fortunately therewas a publisher capable of putting it all together.

The resolutions of the United Nations range from what has been calledinstant customary international law through seminal statements de legeferenda to mere pieces of paper reflecting the momentary determinationof some delegations to insist on the adoption of a particular resolution andthe unwillingness of others to pay a political price for opposing what theyregard as harmless if otiose. Whichever of the categories a particularresolution may fit into, it is of importance in its own way as, at the least,a reflection of what seemed important to some sovereign states at a givenmoment in history.

The organization of the project seems excellent. The main organs ofthe United Nations will appear in four subseries in chronological order.Each volume will contain resolutions and a topical index and also in-dude, for the first time in the same volume, voting records. Moreover,the volumes contain appendices including as many relevant clarifyingdocuments as is feasible. At the risk of seeming petty in the face of amonumental and well-conceived project, the reviewer ventures to sug-gest that it might be helpful if future volumes contained an index to theappendices.

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BEFER NOTES

The volumes forming the set will soon become indispensable tools andwe will all wonder how we survived without them.

R. RosxNsTocx

The Canadian Yearbook of International Law. Volume X (1972). Pub-lished under the auspices of the Canadian Branch, International Law Asso-ciation. (Vancouver, B.C.: University of British Columbia Press, 1973.pp. 375. Index. $14.00.) This volume of the Yearbook merits specialappreciation by reason of the variety of matters considered and the time-liness of authors' contributions.

Writing on "Humanitarian Relief in Man-Made Disasters: InternationalLaw, Government Policy and the Nigerian Experience," Professor J. W.Samuels observes that while nonintervention and the doctrine of sovereigntyare still "very much" a part of international law, there "appears to be noduty on a state to take measures to prevent a private relief institution fromoperating from its territory" (pp. 38-39). Dean R. St. J. Macdonald onthe subject "A United Nations High Commissioner for Human Rights:The Decline and Fall of an Initative" notes that an ECOSOC resolutionon this matter was found to be unsatisfactory (p. 57). He observes thata majority of the members of the General Assembly are not prepared toallow full discussion as to such a High Commissioner (p. 63).

"Les trait&s de Commerce, Cadre de la Libgralisation des lchanges" isthe subject of an instructive contribution to the Yearbook by Jean-YvesGrenon. In a timely article on "Representation versus Membership: TheChinese Precedent in the United Nations," Professor L. C. Green submitsthat the transfer of Taiwan to China was "in fact complete" (p. 126). Hementions Italy and Belgium as having taken note of this fact (pp. 128-29).Professor W. F. Foster, in a study entitled "The Convention on Interna-tional Liability for Damage Caused by Space Objects," notes that thereis no objective definition of "space object" (p. 159). Weaknesses of theConvention are listed, but the author submits (p. 185) that it representsa step forward from Articles VI and VII of the Outer Space Treaty andmarks another important stage in the development of the legal regulationof space activities.

On the topic "The International Legislative Process: Direct Broadcastingand Remote Earth Sensing by Satellite Compared," Professor Charles M.Dalfen draws attention to the Canada-United States agreement on remoteearth sensing, noting that ". . . the proposed program shall be withoutprejudice to any rights and obligations of our governments under inter-national law with respect to remote sensing activities" (p. 209). Con-sidering "Procedure in the Development of International Drainage Basins:The Duty to Consult and to Negotiate," Professor C. B. Bourne submits(p. 233) that international law "imposes on a basin state the obligation toconsult and to negotiate in good faith with co-basin states that object toa proposed work or utilization of waters on the ground that it mightcause them serious injury."

A section of the Yearbook on "Notes and Comments" includes a studyby Professor Poeliu Dai on "Canada's Role in the International Commis-sion for Supervision and Control in Laos"; a study of "Concerted Actionagainst States Found in Default of Their International Obligations in Re-spect of Unlawful Interference with International Civil Aviation" byGerald F. FitzGerald; and a five-page coverage by D. M. McRae, of theannual conference of the Canadian Council on International Law.

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