Wednesday, October 30, 2019
Professor Detlev F. Vagts died in 2013 but his casebook lives on. There's a new edition of Transnational Business Problems by Detlev F. Vagts (Harvard University), William S. Dodge (University of California at Davis School of Law), Hannah L. Buxbaum (University of Indiana Maurer School of Law), and Harold Hongju Koh (Yale University), published by Foundation Press.
The book covers "The Environments of Transnational Business" including Transnational Lawyering, International Dispute Resolution, Transnational Law, and Corporate Social Responsibility. That part is followed by a series of problem exercises in Transnational Sales, Agency and Distributor Agreements, Licensing Agreements, International Joint Ventures, International Debt Instruments, and other topics.
Wednesday, March 13, 2019
The sixth edition of Transnational Business Problems, a casebook by the late Detlev F. Vagts, William S. Dodge (California-Davis), Hannah L. Buxbaum (Indiana-Bloomington) and Harold Hongju Koh (Yale), will be published in May 2019 and available for Fall 2019 courses. Click here for more information about Transnational Business Problems, Sixth Edition. If you're a professor teaching an international business transactions course, contact the publisher to request a review copy.
Here's what the publisher would like you to know: At fewer than 600 pages, this compact book is ideal for a one-semester course. It's a single volume book with four introductory chapters discussing the role of the international lawyer, the resolution of international disputes, the relationship between international and domestic law, the extraterritorial reach of domestic law, and corporate social responsibility. The introductory chapters are followed by eight problems, each focused on a different kind of transaction: transnational sales, agency and distributorship agreements, licensing, foreign direct investment, mergers and acquisitions, joint ventures, concession agreements, and international debt instruments. Each problem covers both contractual and regulatory issues. Nearly all begin with a sample contract.
Other points from the publisher:
- Sophistication. The book uses primary source materials—draft contracts, statutes, regulations, treaties, cases, and arbitral awards—that allow students, with help from the text, to work through issues in a realistic way. The book goes beyond the nuts and bolts of transactions to encourage consideration of broader policy issues: from the liability of corporations for human rights violations to restrictions on foreign investment; from the compulsory licensing of HIV drugs to the restructuring of sovereign debt.
- Geographical Diversity. Transnational Business Problems reflects the geographical diversity of business today. The problems focus on China, the European Union, the Andean Community, Mexico, and Brazil. Materials from other parts of the world are included in the introductory chapters.
- Intellectual Heritage. Transnational Business Problems grows out of a rich intellectual heritage that began with Milton Katz and Kingman Brewster’s International Transactions and evolved into Henry Steiner and Detlev Vagts’s Transnational Legal Problems. The book views transnational business problems as a particular species of transnational legal problem that both generates and is influenced by transnational legal process.
- Fully Updated. The Sixth Edition of Transnational Business Problems is fully updated to account for developments through the start of 2019. The introductory chapters and many of the problems have been substantially revised. Every year between editions the authors provide an update in memo form that teachers can distribute as a supplement to their classes.
- Useful Teacher’s Manual. Transnational Business Problems has a complete teacher’s manual that provides suggestions on how to approach the material and answers to all of the questions posed in the text. The manual also contains sample syllabi.
Sunday, January 28, 2018
The Book Awards Committee of the American Society of International Law has recommended and the Executive Council has approved the following three books to receive awards during the ASIL Assembly at the 2018 Annual Meeting, April 4-7 in Washington, DC.
- In the category, "Preeminent Contribution to Creative Scholarship": Is International Law International? by Anthea Roberts, (Oxford, 2017)
- In the category, "Specialized Area of International Law": International Climate Change Law, by Daniel Bodansky, Jutta Brunnée, and Lavanya Rajamani, (Oxford, 2017)
- In the category, "High Technical Craftsmanship and Utility to Lawyers and Scholars": Encyclopedia of Private International Law by Jürgen Basedow, Giesela Rühl, Franco Ferrari, and Pedro de Miguel Asensio (Edward Elgar, 2017)
Congratulations to the winners!
Thursday, November 5, 2015
Ashgate has published a new book called "Litigating the Right to Health in Africa: Challenges and Prospects," edited by Ebenezer Durojave of the University of the Western Cape, South Africa. Here's a description of the book from the publisher:
Health rights litigation is still an emerging phenomenon in Africa, despite the constitutions of many African countries having provisions to advance the right to health. Litigation can provide a powerful tool not only to hold governments accountable for failure to realise the right to health, but also to empower the people to seek redress for the violation of this essential right.
With contributions from activists and scholars across Africa, the collection includes a diverse range of case studies throughout the region, demonstrating that even in jurisdictions where the right to health has not been explicitly guaranteed, attempts have been made to litigate on this right. The collection focusses on understanding the legal framework for the recognition of the right to health, the challenges people encounter in litigating health rights issues and prospects of litigating future health rights cases in Africa. The book also takes a comparative approach to litigating the right to health before regional human rights bodies.
After two introductory chapters the book has individual cases studies from Malawi, South Africa, Uganda, Nigeria, Mauritius, Kenya, and Mozambique. It finishes with two chapters on comparative health law, "Litigation as a Strategy to Concretise the Right to Health in Africa" and "The Protection of the Right to Health through Individual Petitions before the Inter-American System of Human Rights."
Wednesday, November 4, 2015
Ashgate has published a new book on "Arbitration Concerning the South China Sea," a topic of recent interest now that the Permanent Court of International Arbitration has ruled that it has jurisdiction to hear a dispute between the Philippines and China (even if China elects not to participate in those proceedings." The book is 259 pages long and was edited by Shicum Wu (National Institute for the South China Sea Studies, China) and Keyuan Zou (Lancashire Law School of the University of Central Lancashire, United Kingdom). Here's a description of the book from the publisher's website:
On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People’s Republic of China (PRC) under the United Nations Convention on the Law of the Sea (UNCLOS) with regard to disputes between the two countries in the South China Sea. The South China Sea Arbitration is a landmark case in international law because of the parties involved, the legal questions to be decided and the absence of one of the parties. As revealed in its official statements, the PRC will neither accept nor participate in this arbitration nor present written and oral arguments in the tribunal room. Such default of appearance makes applicable certain procedural rules. According to Article 9 of Annex VII, the Tribunal, before making its Award, is obligated to satisfy itself not only that it has jurisdiction over the dispute, but also that the claims brought by the Philippines are well-founded in fact and law. Therefore, it is necessary for the Tribunal to look into all the claims brought forward by the Philippines and all the disputes constituted by the claims in the procedural phase. The possible arguments the PRC could make should be explored during this process.
This book brings together chapters selected from well-established scholars in Asia, Europe and North America addressing the issues arising from the South China Sea Arbitration. It contains five easy to read parts: origin and development of the South China Sea dispute; the jurisdiction and admissibility of the case; international adjudication and dispute settlement; legal issues arising from the case such as the legal status of the U-shaped line and islands, rocks and low-tide elevations; and the Arbitration case and its impact on regional maritime security.
The University of Pennsylvania Press has published a book by Alicia W. Peters on "Responding to Human Trafficking: Sex, Gender, and Culture in the Law." We are told that this 272-page book provides useful insights into the Trafficking Victims Protection Act (a U.S. federal statute).
Wednesday, March 25, 2015
The Chronicle of Higher Education tells us that Oxford University Press has published a new book called "The Assault on International Law" by Jens David Ohlin. We're told that the book "criticizes the arguments and influence of a handful of legal scholars, here termed the New Realists, who have challenged U.S. compliance with international law." The book is 289 pages and will sell for a very reasonable US$29.95.
Friday, September 12, 2014
M. Cherif Bassiouni is Emeritus Professor of Law at DePaul University College of Law in Chicago, where he taught from 1964-2012. He was a founding member of the International Human Rights Law Institute (established in 1990), and served as President from 1990-1997, and then President Emeritus. In 1972, he was one of the founders of the International Institute of Higher Studies in Criminal Sciences (ISISC) located in Siracusa, Italy, where he served as Dean from 1972-1989 and now serves as President. He recently organized an extraordinary High-Level Meeting of Experts in International Criminal Law and International Human Rights Law, with 94 participants from 38 countries.
So let's just say he's always been a busy guy, and he hasn't slowed down a bit since taking Emeritus Status.
But busy people have a way of getting things done, and Bassiouni is no exception here. He has just published the sixth edition of International Extradition: United States Law and Practice, published by Oxford University Press. This is a comprehensive, must-have title for anyone doing work with international extradition, with 999 pages of text followed by another 296 pages of appendices and indexes. The text is well written and focused. Citaitons are provided throughout for use by practitioners and tribunals.
Here are the subjects covered:
- The Legal Framework of Extradition in International Law and Practice
- Legal Bases for Extradition in the United States
- Asylum and Extradition
- Disguised Extradition: The Use of Immigration Laws as Alternatives to Extradition
- Abduction and Unlawful Seizure as Alternatives to Extradition
- Theories of Jurisdiction and Their Application
- Substantive Requirements: Dual Criminality, Extraditable Offenses, and Non-Inquiry
- Denial of Extradition: Defenses, Exceptions, Exemptions, and Exclusions
- Pretrial Proceedings
- The Extradition Hearing
- The Review Process and Executive Discretion
- Surrender and Miscellaneous Matters
This book provides the most comprehensive coverage on international extradition and is an essential title for anyone working in the area. But even if your work or scholarship doesn't deal directly with extradition, you'll find yourself falling into the pages of this book. Topics such as secret evidence, head of state and diplomatic immunity, and in abstentia convictions will reach out and grab your intellectual curiosity.
Monday, June 30, 2014
We've been informed of a new book with the catchy title: "The Independence of International Courts: The Adherence of the International Judiciary to a Fundamental Value of the Administration of Justice" by Dr. Dominik Zimmermann. It's 597 pages and the ISBN number is 978-3-8487-1248-9. And because we don't post enough in German on this blog, here's a description in German of the book (which is in English). Don't read German? Well, go buy the book in English!
Die Studie untersucht Gehalt und Anwendungsbereich des Grundsatzes der richterlichen Unabhängigkeit im Hinblick auf internationale Gerichte. Angesichts der zunehmenden Bedeutung von Gerichten auf der internationalen Ebene ermittelt der Autor zunächst die theoretische Verankerung des Grundsatzes im Völkerrecht und entwickelt eine Arbeitsdefinition der richterlichen Unabhängigkeit für das Völkerrecht. Auf der Grundlage einer umfangreichen Auswertung von Quellen zu den gegenwärtig wichtigsten internationalen Gerichten, arbeitet der Autor sodann sowohl einen Kerngehalt richterlicher Unabhängigkeit als auch gerichtsbarkeitsspezifische Merkmale heraus.
Die Studie füllt somit nicht nur eine Lücke in der wissenschaftlichen Aufarbeitung internationaler Gerichtsbarkeit, sondern fungiert ebenfalls als wertvolle Orientierungshilfe bei der möglichen Errichtung zukünftiger internationaler Gerichte.
Das Werk ist Teil der Reihe Successful Dispute Resolution, Band 1.
Thursday, May 8, 2014
Sunday, March 16, 2014
Ohio State University Press has published a new book called Fatwahs and Court Judgments: A Genre Analysis of Arabic Legal Opinions by Ahmed Fakhri. The book is 157 pages long and sells for $57.95. We have not seen a copy of it yet but we are told that it examines the linguistic and rhetorical construction of secular court judgments and the Islamic fatwas, and documents the influence of secular court judgments on those Islamic edicts.
Thursday, March 13, 2014
The University of Michigan Press has published a new book called Hybrid Justice: The Extraordinary Chambers of the Courts of Cambodia. The authors are John D. Ciorciari and Anne Heindel. The book is 464 pages long and sells from $85.00. We have not yet seen a copy of the book itself but we are told that it examines some of the conflicts, structural flaws, and other problems of the tribunal created to try officials of the Khmer Rouge regime.
Saturday, November 23, 2013
Leila Nadya Sadat is a professor at the Washington University School of Law in St. Louis, where she directs the Whitney R. Harris World Law Institute. She also a special advisor to the Prosecutor of the International Criminal Court on the important subject of Crimes Against Humanity.
Professor Sadat came to Chicago this week to speak at The John Marshall Law School, where she discussed her work as editor of a new book on "Forging a Convention for Crimes Against Humanity," being published this month by Cambridge University Press. Here's a blurb about the book:
Crimes against humanity were one of the three categories of crimes elaborated in the Nuremberg Charter. However, unlike genocide and war crimes, they were never set out in a comprehensive international convention. This book represents an effort to complete the Nuremberg legacy by filling this gap. It contains a complete text of a proposed convention on crimes against humanity in English and in French, a comprehensive history of the proposed convention, and fifteen original papers written by leading experts on international criminal law. The papers contain reflections on various aspects of crimes against humanity, including gender crimes, universal jurisdiction, the history of codification efforts, the responsibility to protect, ethnic cleansing, peace and justice dilemmas, amnesties and immunities, the jurisprudence of the ad hoc tribunals, the definition of the crime in customary international law, the ICC definition, the architecture of international criminal justice, modes of criminal participation, crimes against humanity and terrorism, and the inter-state enforcement regime.
And here's the impressive list of contributing authors (in addition to Professor Sadat): Sir Richard Goldstone, Gareth Evans, Roger S. Clark, Payam Akhavan, M. Cherif Bassiouni, David Crane, Valerie Oosterveld, Göran Sluiter, Guénaël Mettraux, John Hagan, Todd J. Haugh, Diane Orentlicher, Elies van Sliedregt, Michael P. Scharf, Michael A. Newton, Kai Ambos, Ambassador David Scheffer, Laura M. Olson, and Gregory H. Stanton. These are names well known to those of us who work in the field of international criminal law.
The book can be ordered online from Cambridge University Press by clicking here. Enter the discount code "SADAT13" at checkout to save a few bucks.
Pictured in the photo with Professor Sadat are Professors Mark E. Wojcik, William B.T. Mock, and Shahram Dana, all of The John Marshall Law School in Chicago.
The next international law faculty roundtable scheduled at The John Marshall Law School in Chicago is on the subject "National Security and International Law," a presentation by Assistant Professor Vijay Padmanabhan of the Vanderbilt Law School on February 13, 2014.
Tuesday, November 19, 2013
We're pleased to share a Guest Blog Post from Anne Abramson, the Foreign and International Law Librarian at the Louis L. Biro Law Library of The John Marshall Law School in Chicago. She's written the first review of a new legal research book for international law. The book launches a new series of international legal research texts being published by Carolina Academic Press.
International Law Legal Research
Reviewed by Anne Abramson
When I first learned that there would be a new print textbook on international legal research, I wondered just how useful it could be. So much international legal research is done electronically these days, how could a print text keep up with the incessant changes in the electronic environment?
Then I took a look at the just-published book on International Law Legal Research and realized why this new text is essential even if it cannot record every new database development. In fact, the best format for a text such as this one is indeed print. This title is not a brief "one off" taste of the subject but rather a comprehensive, detailed treatment. The quality of the content will stand the test of time.
This book on International Law Legal Research launches a new International Legal Research Series being published by Carolina Academic Press. The series is edited by Professor Mark E. Wojcik of The John Marshall Law School. This inaugural title in the series was authored by Professor Anthony S. Winer of the William Mitchell College of Law in St. Paul, Minnesota, Mary Ann E. Archer (who served for ten years as the Associate Director for Public Services of the Warren E. Burger Law Library at William Mitchell), and Lyonette Louis-Jacques, the Foreign and International Law Librarian at the D’Angelo Law Library of the University of Chicago Law School.
Professor Winer and his colleagues delve into the historical origins of the international legal system and key organizations like the United Nations. Their thorough discussion of treaties and their resemblance to legislation and contracts is enlightening and useful. Their chapters on judicial and arbitral decisions, UN resolutions, customary international law, and international organizations and bodies such as the International Law Commission are similarly comprehensive and eye opening. The text provides an excellent framework for new students to learn international legal research and for more seasoned legal researchers to hone their skills or fill gaps where necessary. I appreciate, for example, the clarification of that most confusing term “private international law” under both modern and traditional interpretations.
The reader will want to pay special attention to Lyonette Louis-Jacques’ Additional Resources and General Bibliographic References at the conclusion of each chapter. Her concise lists of sources should be part of every international legal researcher’s toolkit. In addition, most librarians like myself are obsessed with “information literacy.” We are constantly called upon to articulate reasons as to why Google is not enough. Thus, I quite like the authors' emphasis on accuracy, currency, and authenticity as well as the adherence to proper Bluebook citation formats. In my view, solid citation skills are part and parcel of good research skills and are necessary for scholars, advocates, and even moot court teams competing in international law moot court competitions. Knowledge of which sources to cite and how to cite to them signals a true understanding of the subject matter in contrast to the tendency to cut and paste from a website.
Professor Winer and his colleagues have even gone where angels fear to tread by explaining Bluebook citation of UN records and reports, a complicated area which, in the current electronic era, has only become more mysterious. Researchers who do not wish to tear out their hair will appreciate his helpful explanations of the Bluebook’s often enigmatic pronouncements
Most valuable of all, this text will give students the necessary context to understand what they are researching and why. This context is all too often lost in today’s world of instant information.
Many thanks to the authors for this excellent contribution to the field and to Carolina Academic Press for launching this promising new series on international law legal research. The book will be a useful one for individual researchers, international law moot court teams, international law review journal staff, and for law schools looking to offer courses in international legal research.
Anthony S. Winer, Mary Ann E. Archer & Lyonette Louis-Jacques, International Law Legal Research (Carolina Academic Press 2013). Paperback, 308 pages including bibliographical references and index. ISBN 978-1-61163-068-8. LCCN 2012038569. $35.00. Available from Carolina Academic Press www.cap-press.com. Click here for more information.
Anne Abramson is the Foreign and International Law Librarian at the Louis L. Biro Law Library of The John Marshall Law School in Chicago. She can be reached at email@example.com
Tuesday, September 24, 2013
Oxford University Press has published a new book on "The Law of EU External Relations: Cases, Materials, and Commentary on the EU as an International Legal Actor." The authors are Pieter Jan Kuijper (University of Amsterdam), Jan Wouters (University of Leuven), Frank Hoffmeister (Free University of Brussels), Geert De Baere (University of Leuven), and Thomas Ramopoulos (University of Leuven).
The book is a usefuly volume of annotated documents and judgments relating to the foreign relations power of the European Union and the practice of the European Union in the field of international law. It's obviously useful as a course textbook for any school lucky enough to offer specialized EU classes, but it's also going to be a useful reference tool for academics and other researchers as well as diplomats who find themselves needing a more complete understanding of the mysteries of the European Union. It's an intelligently designed book with a great deal of useful information. It's broken down into these chapters:
- Personality and Powers of the EU
- International Representation of the EU
- Treaty-Making Powers
- Mixed Agreements
- The EU in International Organizations
- EU Sanctions and Countermeasures
- Common Commercial Policy (including imports, safeguards, antidumping, antisubsidy, and trade barrier legislation)
- Cooperation Policies and Humanitarian Aid
- Enlargement and Neighbourhood Policy
- External Environmental Policy
- Common Foreign and Security Policy
- The Status of International Law in the EU (including international agreements, the status of the World Trade Organization, the status of the United Nations within the EU legal order, and General International Law)
- International Agreements and Member States.
Each of the chapters contains a great many documents, selected and edited with a great deal of care. A lot of work went into this book.
The book is also going to be a useful reference tool for its Table of Cases, which includes citations from the Court of Justice of the European Union, the European Court of Human Rights, the EFTA Court, the International Court of Justice and the Permanent Court of International Justice, the Appellate Body of the World Trade Organization, Arbitral Tribunals, and a handful of national cases from Canada, Switzerland, and the United Kingdom. EU Treaties, Protocols, Declarations, Regulations, Directives, Joint Actions, Common Positions, Council and Commission Decisions, and other EU Documents are also extensively cited and included in the index. Also cited are a large number of treaties, charters, agreements, and declarations, as well as national legal documents from the EU member states, the United States, and even Uruguay.
You will want to have this book if you're writing about any aspect of the external relations of the European Union because this book will put into context the primary sources you're citing and discussing. The introductory annotations throughout the book are easy to read and quite helpful.
Mark E. Wojcik (mew)
Book on Victim Participation in International Criminal Proceedings Wins Award from the International Association of Penal Law
The book Procedural Justice? Victim Participation in International Criminal Proceedings published by Intersentia was recognized this past weekend with an award from the U.S. National Chapter of the International Association of Penal Law (L'Association International du Droit Pénal), the Paris-based society of international criminal law scholars. The award was presented to the book's author, Brianne N. McGonigle (pictured here holding the prize-winning book). The presentation was made by Professor Michael J. Kelly, director of the International and Comparative Law Program at Creighton University School of Law, during a special program held as part of the International Law Weekend Midwest. ILW-Midwest was held at Washington University School of Law in St. Louis, Missouri.
Dr. Brianne McGonigle Leyh is an attorney specializing in international criminal law and procedure, human rights and transitional justice. Currently, she is researching and teaching at Utrecht University’s Netherlands Institute of Human Rights and University College Utrecht. In addition to her work with the university, she is an executive editor of the Netherlands Quarterly of Human Rights and she co-directs the Netherlands Office of the Public International Law & Policy Group (PILPG).
Dr. McGonigle has worked as a Co-Counsel on a legal team representing Civil Parties before the Extraordinary Chambers in the Courts of Cambodia ("ECCC"), has experience working for a defense team at the International Criminal Tribunal for the former Yugoslavia ("ICTY") and held a Visiting Professional position at the International Criminal Court’s Office of Public Counsel for Victims.
Mark E. Wojcik (mew)
Thursday, September 12, 2013
Hart Publishing announced the publication of a new book by Robert Kolb on the International Court of Justice. It is an English translation of his book the La Cour Internationale de Justice (Paris, Pedone, 2013). The book -- we are told -- examines the Statute of the Court, its procedures, conventions, and practices in a helpful way to assist international lawyers. It covers the composition of the Court, the role of ad hoc judges, the use of smaller Chambers, jurisdiction, the law applied, preliminary objections, the range of contentious disputes which may be submitted to the Court, the status of advisory opinions, the Court's relationship to the Security Council, applications to intervene, the status of judgments, and remedies. The book was translated by Alan Perry, Solicitor of the Senior Courts of England and Wales.
Robert Kolb is Professor of Public International Law at the University of Geneva. He is also Counsel for Lalive Attorneys-at-Law, Geneva. More information about the book and how to order it is available from Hart Publishing by clicking here.
Tuesday, February 12, 2013
Ashgate Publishing is about to release "Transnational Legal Processes and Human Rights." The book was edited by Kryiaki Topidi and Lauren Fielder (both of the University of Lucerne Faculty of Law in Switzerland). Dr. Topidi teaches courses and researches on religious rights and has a research background in minority protection and EU law. Professor Fielder teaches African Law, Protection of Vulnerable Groups, and Transnational Litigation at the University of Lucerne, where she is the assistant director of the Transnational Legal Studies Program. She writes and speaks about human rights issues in Africa.
There are twelve chapters on the topic, including these:
- Ruth Hargrove (California Western School of Law) and Roberta Thyfault (California Western School of Law), The Impact of, and Resistance to, the Use of Foreign Law on Juvenile Punishment in the United States
- Mark E. Wojcik (The John Marshall Law School-Chicago), Legislative Attempts to Prohibit the Use of International Law and Islamic Law in U.S. Courts
- Lauren Fielder (University of Lucerne Faculty of Law), African Courts and African Values: Harmonizing International Human RIghts and Customary Law
- Kyriaki Topidi (University of Lucerne Faculty of Law), Exercising Religious Rights in European Classrooms: Value Conflicts between the National, the Supranational, and the Transnational
- Ehsanul Haque, Universal Human Rights and Cultural Relativity: Conflict or Reconciliation?
- Angelica Anatolie Tsarkiridis, Corporate Responsibility and Human Rights in the Context of an International Constitutional Legal Framework
- Ali Abid, Combating Religious Defamation: An Exploration of Blasphemy in Islamic Thought and International Practice
Saturday, December 22, 2012
Jeff Golden (in photo, on right) and I are two of the contributing authors.
Mark E. Wojcik (mew)
Monday, November 26, 2012
It's "Cyber Monday" in the United States (and elsewhere), a day when many retailers offer generous one-day discounts for electronic shopping. The American Bar Association Section of International Law has joined in with 40% off of its titles. Use the code "CYBER12" to Save 40% on International Law Books at the ABA webstore. You get a further discount if you are a member of the ABA Section of International Law.
New titles of possible interest for you include
- Careers in International Law (4th edition)
- The ABA Guide to Internaitonal Bar Admissions
- The Unofficial Guide to Legal Studies in the U.S. for Foreign Lawyers