bluuebunny/crossref_metadata_2025 huggingface dataset:
National Judges and Judges Ad Hoc of the International Court of Justice
Authors: Schwebel Stephen M.
Published: February 2008

When the Statute of the Permanent Court of International Justice was drafted by an Advisory Committee of Jurists in 1920, a paramount question was, should a judge of the nationality of a State party to the case sit?

The sensitivity of the issue was encapsulated by a report of a committee of the Court in 1927 on the occasion of a revision of the Rules of Court. It observed that: “In the attempt to establish international courts of justice, the fundamental problem always has been, and probably always will be, that of the representation of the litigants in the constitution of the tribunal. Of all influences to which men are subject, none is more powerful, more pervasive, or more subtle, than the tie of allegiance that binds them to the land of their homes and kindred and to the great sources of the honours and preferments for which they are so ready to spend their fortunes and to risk their lives. This fact, known to all the world, the [Court's] Statute frankly recognises and deals with.”1
Some Reflections on the Relationship of Treaties and Soft Law
Authors: Boyle A. E.
Published: February 2008

My starting point for this discussion of the relationship between treaties and soft law is the observation that the subtlety of the processes by which contemporary international law can be created is no longer adequately captured by reference to the orthodox categories of custom and treaty. The role of soft law as an element in international law-making is now widely appreciated, and its influence throughout international law is evident. Within that law-making process the relationships between treaty and custom, or between soft law and custom are also well understood. The relationship between treaties and soft law is less often explored, but it is no less important, and has great practical relevance to the work of international organisations.
Service of Process in England on Overseas Companies and Article 5(5) of the Brussels Convention
Authors: Enonchong Nelson E.
Published: February 2008

It is generally accepted that, in actions in personam, the foundation of the court's jurisdiction at common law is the service of process.1 To this extent the rules as to service define the limits of the court's jurisdiction. So, for a claimant to establish the jurisdiction of the English court over an overseas company2 he must be able to serve process on the company in accordance with the rules of service. The general rule is that an overseas company, like an individual, may be served with process in England if present within the jurisdiction.3 However, since a company is only a legal (not natural) person, it cannot be present in the same way as an individual. It has therefore been necessary for special rules to be laid down by which it can be determined whether or not an overseas company is present in England and therefore may be served with process here. Before 1992 those rules were contained in sections 691 and 695 of the Companies Act 19854 (the pre-1992 regime). However, in 1992 the law was amended and a separate provision was laid down in section 694A of the Companies Act 1985 to regulate the service of process on any overseas company with a branch in Great Britain (the 1992 regime).
I. The Future of Former Head of State Immunity after ex Parte Pinochet
Authors: Warbrick Colin , McGoldrick Dominic , Barker J. Craig
Published: February 2008

While lacking the raw excitement of the live “penalty shoot-out” that was the announcement of the decision of the House of Lords in Reg. v. Bow Street Magistrate, ex parte Pinochet,1 the initial impression of the decision in Reg. v. Bow Street Magistrate, ex parte Pinochet (No. 3)2 was of a solid majority support for the position that Pinochet was not entitled to immunity in the United Kingdom in respect of the criminal acts he is alleged to have committed. Even as Lord Browne-Wilkinson attempted to explain the intricacies of the decision, the matter of immunity appeared settled and of secondary consideration to the “new” requirement of double criminality which alone, it seemed, had resulted in the considerable reduction in the list of crimes for which Pinochet could be extradited to Spain. Closer examination of the reasoning of their Lordships, however, quickly dispels that impression and reveals a range of opinions across a wide spectrum. What agreement there was between their Lordships on the matter of Pinochet's immunity from jurisdiction is diverse and often contradictory. In particular, the Lordships who formed the majority were equally divided on the question as to whether Pinochet was acting within his official capacity when carrying out the acts of which he is accused. Given that immunity rationae materiae appears to be available only in respect of official acts, it is difficult to see how the six could have agreed on the fact that Pinochet was not entitled to such immunity. Indeed, given the fact that Lord Goff (dissenting) was of the opinion that the alleged acts were performed in the course of Pinochet's functions as head of state, there was in fact a majority in favour of the prima facie existence of immunity rationae materiae.
I. Jurisdiction
Authors: Kennett Wendy
Published: February 2008

The well established rule that an overseas company that establishes a place of business in Great Britain and does not provide an address for service can be served with process at that place of business1 was thrown into confusion by the insertion into the 1985 Companies Act of several new provisions including a new section 694A(2) which provides that process may only be served on a branch “in respect of the carrying on of the business of the branch”.2 The new rules did not purport to change the situation in relation to a place of business falling short of a branch, and thus created the anomaly that it was apparently easier to serve a place of business than a branch. The proper interpretation of these rules arose in Saab v. Saudi American Bank (Court of Appeal, 2 July 1999).3 Before the case was heard by the Court of Appeal, the new Civil Procedure Rules entered into force on 26 April 1999. Under Part 62(2):

A company may be served by any method permitted under this Part as an alternative to the methods of service set out in—

(a) section 725 of the Companies Act 1985 (service by leaving a document at or posting it to an authorised place);

(b) section 695 of that Act (service on overseas companies); and

(c) section 694A of that Act (service of documents on companies incorporated outside the UK and Gibraltar and having a branch in Great Britain).

Under Part 6.5(6) where a party has not given an address for service, a document may be served on a company not registered in England and Wales at “any place of business of the company within the jurisdiction.”
IV. Recognition of Judgments and Authentic Instruments under the Brussels Convention
Authors: Kennett Wendy
Published: February 2008

That question remains open following Case C–99/96 Mietz v. Intership Yachting Sneek BV16 a more recent decision that raises some similar issues but continues to confine its attention to interim payments. The applicant was appealing against a German order for enforcement of a Dutch judgment ordering interim payment in kort geding proceedings. The applicant argued that the underlying contract was covered by the special provisions on consumer contracts in Articles 13 et seq. of the Brussels Convention. Therefore failure to observe the rules of jurisdiction in Articles 13 et seq. was a ground for non-recognition of the Dutch judgment. The contract was for the sale of a luxury yacht, to be paid for in five instalments during its period of construction and trial. A written contract was signed in the Netherlands, but the applicant alleged for the first time in the German proceedings that the contract was negotiated at a boat show in Germany and an oral contract was made there.
V. Recognition of Arbitral Awards
Authors: Kennett Wendy
Published: February 2008

A number of issues relating to the finality of arbitration awards in the face of arguments based on public and fraud were addressed by the Court of Appeal in Westacre Investments Inc. v. Jugoimport—SDRP Holding Co. Ltd.20 The claimant had obtained an arbitration award in its favour in Switzerland which it was seeking to enforce in England. The dispute referred to arbitration concerned a claim for payment of commission. The commission was due under a contract through which the claimant assisted the defendant to obtain a contract for the supply of military equipment to Kuwait. It was alleged in the English proceedings that this contract was invalid since the commission payment in fact amounted to a bribe to a member of the Kuwaiti government. The issue of bribery had been raised before the Swiss arbitral tribunal, but the majority of the tribunal found that they were not required to investigate this issue if the parties led no evidence to prove that it had taken place. The contract between the parties was therefore found valid and binding. An appeal to the Swiss Federal Tribunal was lodged by the defendant for an annulment of the arbitral award. The Federal Tribunal concluded that the nature of its competence to review arbitral proceedings required it to base its decision on the facts found by the Tribunal. It therefore confirmed the award. The defendants then tried to raise the same bribery issue in the enforcement proceedings in England.
VI. A Footnote on the Treaty of Amsterdam
Authors: Kennett Wendy
Published: February 2008

The Treaty of Amsterdam entered into force on 1 May 1999. In the exercise of its new competences under Title IV of the EC Treaty as amended, the Commission has transformed the Convention on Service of Documents into a draft Directive, and the Brussels II Convention into a draft Regulation, both of which are currently going through the Community legislative procedure. The renegotiated text of Brussels I has also been transformed into a draft Regulation, but the possibility of further amendment is mooted.
The Area of “Freedom, Security and Justice” and the European Court of Justice—a Personal View
Authors: Fennelly Nial
Published: February 2008

The Treaty of Amsterdam enshrines in Article 2 (formerly Article B) of the Treaty on European Union under the new Title I called “Common Provisions” (which contains, with some amendments, the provisions of the former Articles A to F) a new objective for the Union, namely:

“to maintain and develop the Union as an area of freedom, security and justice in which the free movement of persons is assured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime.”
The Interaction between American and Foreign Libel Law: U.S. Courts Refuse to Enforce English Libel Judgments
Authors: Youm Kyu Ho
Published: February 2008

Three Korean women won $75,000 in damages in a libel action against the American-owned Newsweek, Inc. in Seoul for publication of a defamatory photo and a caption in the Pacific edition ofNewsweek. A Singapore judge awarded former Prime Minister Lee Kuan Yew of Singapore and two others a §678,000 damage award against theInternational Herald Tribune, owned by the New York Times Co. and the Washington Post Co., for libel relating to an editorial-page column about the “dynastic politics” in the island nation.
Antisuit Injunctions and the Brussels Jurisdiction and Judgments Convention
Authors: Hartley Trevor C.
Published: February 2008

A fundamental clash of values, which could affect the very foundations of the Brussels Convention, was revealed in the recent judgment of the Court of Appeal in Turner v. Grovit.
II. Justice and Home Affairs
Authors: Peers Steve
Published: February 2008

Since the last note on Current Developments in this area, the Amsterdam Treaty has entered into force on 1 May 1999, leading to a number of important developments in the legal system governing EU Justice and Home Affairs (JHA) law. In addition, the Court of Justice has clarified several aspects of the relationship between the first and third pillars.
IV. Excise, Vat And Customs
Authors: Michael Michael , McIntyre David
Published: February 2008

One of the major activities of the European Community for achieving its objectives is to establish an internal market characterised by the abolition, as between member States, of obstacles to the free movement of goods, persons, services and capital.1
Lockerbie: The Other Case
Authors: Aust Anthony
Published: February 2008

To public international lawyers “Lockerbie” is more than likely to evoke the cases which Libya brought in the International Court of Justice in 1992 against the United Kingdom1 and the United States under the Montreal Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 1971.2 The issues raised by the cases have spawned a huge literature. But, in truth, the ICJ proceedings have never been at the centre of, what might be called, the Lockerbie affair. Although they raise important constitutional issues for the United Nations, in terms of the crime committed—the sabotage of the Boeing 747 airliner on flight PA103 which exploded over Lockerbie in Scotland on 21 December 1988 killing 270 people—the ICJ proceedings have never been more than a sideshow; or as that word was once, aptly for the present case, denned in The Times crossword, an incidental skirmish. The real story is how international action, and in particular the ingenious use of international law, was successful in achieving the appearance of the accused for trial before a Scottish court sitting in the Netherlands. This example of what can be achieved in the cause of justice by legal inventiveness, imaginative diplomacy and sheer persistence, should be properly recorded.
Legal Aid Before Human Rights Treaty Monitoring Bodies
Authors: Butler Andrew S.
Published: February 2008

The right of individuals to have recourse to international human rights bodies has been regarded as one of the most significant developments in securing respect for and the promotion of universal fundamental rights and freedoms.1First, it ensures that individuals subjected to human rights violations have an alternative forum should the domestic judicial forums not be persuaded of the existence of rights violations, for whatever reason. Secondly, the availability of an individual's right of recourse affirms the fact that the individual is an actor cognisable by international law, and is not dependent on the intervention of other States for the safeguarding of his or her rights.2This is particularly important, as many States are slow to engage complaint mechanisms against another State for fear of reprisal (be it in the form of economic or political sanctions, or the instigation of a complaint under the same mechanism by the other state), lack of interest, or otherwise.3Thirdly, the existence of suchfora, and the right of individual complaint from a variety of countries, are useful in developing a common universal standard of human rights observance.4The combined result of these is that implementation of the goals set out in the international human rights instruments is facilitated because the means for their enforcement are not dependent upon international politics but rather are put in the hands of the rights holders. In turn, such machinery should improve State compliance.5
“Making Public Law, ‘Public’: An Analysis of the Quebec Reference Case and its Significance for Comparative Constitutional Analysis”
Authors: Mchugh James T.
Published: February 2008

The Supreme Court of Canada's advisory opinion inReference re Secession of Quebec, 1998(also known, more simply, as the “Quebec reference case”) has been the subject of much interpretation and comment, because of its obvious implications for the future of Canada.1However, it offers an arguably wider opportunity to consider the role of the judiciary within a liberal democracy. The professional nature of the legal process and its practitioners often has made legal and judicial institutions, to most of the public, distant and alien components of the political system. The technical aspects of many areas of law (such as contracts, torts, and civil procedure) may, in fact, make this area of public concern seem unapproachable to the average citizen; indeed, some legal practitioners may prefer that the law remain that way. That mystique often is transferred to the realm of constitutional law, where the use of technical terms (including Latin words and phrases) may serve, intentionally or not, to insulate legal arguments and proceedings from public scrutiny.2
Thomas and Hilaire v. Baptiste and the Attorney-General of Trinidad and Tobago
Authors: Demerieux Margaret
Published: February 2008

The extent to which it is appropriate to interpret constitutional provisions and in particular fundamental rights in accordance with the law and understanding current at the time of their promulgation, is a fundamental issue in any legal regime into which a Bill of Rights is introduced. This is well illustrated in a recent decision by the Judicial Committee of the Privy Council.
I. Drug Trafficking at Sea: the Case of R. v. Charrington and Others
Authors: Gilmore William , Warbrick Colin , McGoldrick Dominic
Published: February 2008

In 1991 the United Kingdom became a Party to the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, one of the purposes of which is “to improve international co-operation in the suppression of illicit traffic by sea”.1 Article 17 of that Convention has, as its central purpose, the establishment of international standards, procedures and practices designed to facilitate the obtaining of enforcement jurisdiction whereas Article 4 addresses the closely associated issue of prescriptive jurisdiction.2 The Criminal Justice (International Co-operation) Act 1999 contains a number of provisions of relevance in this latter context. These include the taking of extraterritorial jurisdiction over certain drugs offences taking place on board the vessels of other Convention parties.3
The Genocide Definition in the Jurisprudence of the Ad Hoc Tribunals
Authors: Verdirame Guglielmo
Published: February 2008

The permanence of the genocide definition1 over more than five decades is remarkable considering how much criticism has been directed against it since the adoption of the Genocide Convention in 1948.2 The existence of a stable internationally agreed definition of genocide presents indubitable advantages, particularly if compared with the lasting uncertainties in the definition of other international crimes, such as crimes against humanity. However, the genocide definition is also characterised by a number of problematic aspects and unresolved interpretative questions, some of which have been addressed in the decisions of the ad hoc Tribunals for the Former Yugoslavia and for Rwanda.3 Divergent approaches to the mens rea requirement, to the definition of the four protected groups against whom genocide can be committed, or to the identification of acts that constitute genocide had been confined to an exclusively academic ambit until not long ago, but can now be determinative of an acquittal or conviction. With the exception of one decision by the ICTY,4 all other judgments on genocide have come from the ICTR, in whose custody are some of the most prominent members of the interim government and of the militias accused of having organised and carried out the 1994 Rwandan genocide.5
Trusts Without Equity
Authors: Gretton George L.
Published: February 2008

“Perhaps the greatest difficulty the civilians have in accepting the trust is caused by what I have come to regard as an English peculiarity logically detachable from the trust, namely, the distinction between the legal and the equitable estate. In Scots law, which, even if it did not invent and develop the trust for itself but took it over from England—the point is doubtful—has accepted it without inhibitions or reservations, no such distinction has ever been known. There the trustee becomes owner and the beneficiary acquires a contractual right against him.”1
Centros Ltd—A Complete U-Turn in the Right of Establishment for Companies?
Authors: Looijestijn-Clearie Anne
Published: February 2008

InCentros Ltd and Erhvers-og Selskabsstyrelesen (hereinafter Centros),1 the European Court of Justice ruled that it is contrary to Article 52 (now Article 432) and Article 58 (now Article 48) of the EC Treaty for the authorities of a member State (in casu Denmark) to refuse to register a branch of a company formed under the law of another member State (in casu the United Kingdom) in which it has its registered office, even if the company concerned has never conducted any business in the latter State and intends to carry out its entire business in the State in which the branch is to be set up. By avoiding the need to form a company there it would thus evade the application of the rules governing the provision for and the paying-up of a minimum share capital in force in that State. According to the Court, this does not, however, prevent the authorities of the member State in which the branch is to be set up from adopting appropriate measures for preventing or penalising fraud, either with regard to the company itself, if need be in co-operation with the member State in which it was formed, or with regard to its members, where it has been determined that they are in fact attempting, by means of the formation of a company, to evade their obligations towards creditors established in the territory of the member State of the branch.
Rationality and Cultural Pluralism in the Non-recognition of Foreign Marriages
Authors: Murphy John
Published: February 2008

Thisarticle considers the basis on which the English courts exercise their discretion to refuse to recognise foreign marriages1whoseformal validity2is beyond question and whoseessential validity3is probably also satisfied.4It has been widely stated that this discretionary veto is to be wielded in accordance with the dictates of “public policy”. As far back as 1945, Lord Greene MR said that such matters were to be resolved “with due regard to common sense andsome attention to reasonable policy”.5Nearly 40 years later, Lord Simon, similarly minded and speaking in the House of Lords, was a good deal more emphatic. He said: “[t]here is abundant authority that an English court will decline to recognise or apply what would otherwise be the appropriate foreign rule of law when to do so would be against English public policy”.6Perhaps surprisingly, this policy-based discretionary veto has commanded virtually no academic attention.7It is my intention to address that anomaly. It is wholly inadequate, as is sometimes done, both by the courts (as we have seen) and academics, simply to refer glibly to “public policy” as though its contents were somehow self-evident and its meaning plain.8It is also signally unenlightening merely to state, as Jaffey has done, that “[t]he premise should be that an invalidating rule of a domestic system, whether English or foreign, should only be applied to a given international marriage if there is agood reasonfor its application”.9So doing merely recasts one nebulous term, “public policy”, as another, “a good reason”. Judicial synonyms have been scarcely any more illuminating. Take for example Lord Simon's famous enjoinder to have recourse to “common sense, good manners and a reasonable degree of tolerance”.10A number of familiar criticisms can be made of the opacity of such broad terms as “common sense”, “good manners” and “a reasonable degree of tolerance”: they deny the common law the clarity, consistency and objectivity that are frequently (and correctly, in my view) thought to be necessary in order to legitimate and constrain the adjudicative function.11But beyond these objections, two further, more particular criticisms can be made in respect of the invocation of “public policy” to deny recognition to “offensive” foreign marriages.
Conseil D'etat: The French Layer of Turkish Administrative Law
Authors: Örūcu Esin
Published: February 2008

In both the Ottoman Empire and the Turkish Republic, legal reform efforts have invariably relied on Western models and in administrative law this model has been the French. The first such effort was with theTanzimat(The Charter of Reformation) in 1839, though these reforms did not have deep effect until the 1860s when the bases of the main administrative institutions such as the Turkish Conseil d'Etat were laid down.1However, the Conseil d'Etat was not the only institutional model taken from France. The French layer of Turkish administrative law includes other institutions such as theCour des Comptes, theTribunal des Conflits, some financial organisations, the system of autonomous provincial and local administration and administrative tutelage.2
International Trade In Living Modified Organisms: The New Regimes
Authors: Schoenbaum Thomas J.
Published: February 2008

New technologies bring new problems as well as benefits. New technologies also involve unknown dangers and fears. So it is with biotechnology and living modified organisms (LMOs).
Enforcement of Hong Kong Sar Court Judgments in the People's Republic of China
Authors: Kong Qingjiang
Published: February 2008

On 1 July 1997 Hong Kong entered a new era when it was transformed from a British colony into a Special Administrative Region (SAR) of the People's Republic of China (PRC). The impact of the handover of Hong Kong cannot be overstated but, for the time being perhaps, may lie more in the sphere of ideology than in institutions.
Kosovo Crisis Inquiry: Memorandum On The International Law Aspects
Authors: Brownlie Ian , Apperley C. J.
Published: February 2008

1. This Memorandum has been prepared in accordance with the request of the Foreign Affairs Committee (letter dated 28 July 1999), which request referred to a written memorandum “on the area of international law“.1In the course of his career as a member of the English Bar, specialising in international disputes, the writer has worked as legal adviser and/or advocate for at least 35 States. In this context it is necessary to point to the fact that, as a part of his professional involvements, he has acted as Counsel and Advocate in the recent proceedings before the International Court of Justice on behalf of Yugoslavia. It is also necessary to stress that the Memorandum represents his own views and that there has been no input from any Government or Government-related organisation.
Kosovo Crisis Inquiry: Further Memorandum on the International Law Aspects
Authors: Brownlie Ian , Apperley C. J.
Published: February 2008

1. In his letter dated 16 February 2000 Mr Silk, on behalf of the Committee, invited me to prepare an additional memorandum on any of the issues raised during the taking of evidence on 8 February. I have also been supplied with the transcript and the additional written questions.
Current Developments: Public International Law
Authors: Warbrick Colin
Published: February 2008

The process of constitutional reform in the United Kingdom instituted by the present Labour government has been considerable but it has proceeded on a piecemeal basis. Its aim is to reinforce accountability for the exercise of public power but, in the absence of a comprehensive scheme of reform, the achievement of this ambition has the same lack of coherence as the reform programme itself. Some matters remain untouched by the process, centrally and crucially the domination of the House of Commons and therefore effectively the legislature, by the Executive, a condition exaggerated by the massive majority enjoyed by the government.1 The justification for this arrangement, which so infringes the separation of powers, lies in the claim that it produces effective, stable and accountable government. This is not the place to assess the accuracy of these claims but to note the importance of recognising the particular relationship between executive and legislature which characterises the British Constitution when considering the likely impact of proposals for its reform.
II. Fourteen Against One: The Eu Member States' Response To Freedom Party Participation In The Austrian Government
Authors: Happold Matthew
Published: February 2008

The participation of the Freedom Party in the Austrian government has given rise to exceptional reactions both in Austria and internationally. The imposition of a freeze in bilateral diplomatic relations by Austria's European Union partners has been particularly notable, amounting to an unprecedented response to the election of a new government in another Member State. This note seeks to describe the development of events and assess the status of the 14 Member States' actions under international law, in particular in the light of any developing norms concerning non-intervention, respect for human rights and the right to democratic governance.
I Case Concerning Kasikili'Sedudu Island (Botswana'Namibia)
Authors: Shaw Malcolm N , Evans Malcolm D.
Published: February 2008

The decision of the International Court of Justice of 13 December 1999 in the dispute between Botswana and Namibia concerning the island known to the former as Sedudu and the latter as Kasikili is the latest in a line of cases dealing with the identification of colonial boundaries,1 including the two Eritrea/Yemen arbitration awards, the second of which (on Maritime Delimitation) was delivered four days after the Kasikili/Sedudu Island judgment itself.2 While not as wide-ranging in either the geographical or legal senses as some of the preceding decisions on territorial issues, the decision of the Court in this case nevertheless raises some interesting and important questions.
II International Tribunal For The Law Of The Sea The Southern Bluefin Tuna Cases (New Zealandv.Japan; Australiav.Japan): Order For Provisional Measures Of 27 August 1999
Authors: Churchill R. R.
Published: February 2008

Under Part XV of the 1982 United Nations Convention on the Law of the Sea, any dispute concerning the interpretation or application of the Convention which cannot be settled by the consensual means set out in section 1 of that Part, may be referred by any party to the dispute for compulsory settlement under section 2. There are four possible fora for such settlement—the International Court of Justice, the International Tribunal for the Law of the Sea (hereafter ITLOS), an arbitral tribunal constituted in accordance with Annex VII of the Convention, and a special arbitral tribunal constituted in accordance with Annex VIII. If the parties to a dispute have made a declaration under Article 287 (which is optional) specifying their choice of forum, and their choices coincide, that body will be the forum for the settlement of the dispute. If their choices do not coincide or if not all parties have made a declaration, the forum for settlement will be an Annex VII arbitral tribunal.1
THE RECOGNITION OF FOREIGN JUDGMENTS LACKING REASONS IN EUROPE: ACCESS TO JUSTICE, FOREIGN COURT AVOIDANCE, AND EFFICIENCY
Authors: Cuniberti Gilles
Published: February 2008

The recognition of foreign judgments lacking reasons raises several policy issues. Reason-giving is perceived by the European Court of Human Rights as critical to ensure an effective access to justice. Yet, foreign judgments often lack reasons because the defendant failed to appear before the foreign court, and it may be right to sanction this strategy of foreign court avoidance. Finally, the European Union has begun to implement its policy of efficiency of cross-border enforcement, which commands states to recognize such judgments irrespective of any other consideration. This article explores whether these conflicting issues can be reconciled.
THE CONCLUSION OF INTERNATIONAL AGREEMENTS BY THE EUROPEAN UNION IN THE CONTEXT OF THE ESDP
Authors: Sari Aurel
Published: February 2008

Between 2002 and 2007, the Council of the European Union has entered into more than 70 international agreements with third parties pursuant to Article 24 of the Treaty on European Union in order to address various legal and practical matters relating to the conduct of EU crisis management missions in third countries. The purpose of this article is to examine the Council's practice in the implementation of Article 24 of the Treaty and to assess the widely held view that the international agreements concluded under this provision offer conclusive proof of the EU's status as an independent subject of international law. Even though the Council's recent practice does indeed suggest that it concludes international agreements on behalf of the Union as such, this does not lay to rest all uncertainties surrounding the EU's nature as an international legal person.
ANCIENT AND MEDIEVAL Banking and Business in the Roman World. By Jean Andreau. Translated by Janey Lloyd. Cambridge: Cambridge University Press, 1999. Pp. xix, 176. $59.95, cloth; $22.95, paper.
Authors: Pleket H. W.
Published: February 2008

This book is a study of all aspects of private finance from ca. 300 BC to 300 AD. It is intended for students and more advanced readers; among the latter, economic historians of medieval and early modern Europe are included. In other words: Jean Andreau is an adept of the comparative study of the various phases of preindustrial European history, beginning with that of the Roman Empire. The focus of the book is on the late Republic and the first three centuries of the Roman Empire. Andreau discerns a three-tier structure in the Roman financial world. The top tier consisted of the imperial elite of senators and knights, who made loans either directly or through intermediaries. These loans financed a variety of operations: conspicuous consumption, tax obligations of provincial cities, and, to a lesser extent, also “some production and trade” (pp. 28, 148). These elite financiers did not call themselves bankers. They were basically wealthy landowners, not entrepreneurs, who cherished a “strategy of security, not of profit” (p. 24). This mentality “imposed limits on the Roman economy” (p. 28). This elite thought in terms of networks, not of commercial companies; and this complex is supposed to explain the absence of a bill of exchange (p. 26). One may wonder whether the behavior and mentality of a small group of Roman senators were representative of the economic strategies of all urban elites in the Empire.
Merchants to Multinationals: British Trading Companies in the Nineteenth and Twentieth Centuries. By Geoffrey Jones. New York: Oxford University Press, 2000. Pp. x, 404. $80.00.
Authors: Chapman Stanley
Published: February 2008

In the extensive literature of British economic and social history, much less attention has been given to merchants and trading companies than to manufacturing and banking enterprises, particularly in the nineteenth and twentieth centuries. This is because the British Industrial Revolution was long thought to have been about production rather than trade or finance. The present generation of researchers has sought to redress the balance, but has often been handicapped by a paucity of records, and by an unwillingness on the part of the handful of surviving firms to release information. Geoffrey Jones has succeeded in assembling a large volume of evidence from diverse sources, but high-quality archival evidence is only available for a small number of long-lived and probably untypical enterprises.
Elizabethan Instrument Makers: The Origins of the London Trade in Precision Instrument Making. By Gerard L'E. Turner. Oxford: Oxford University Press, 2000. Pp. xiv, 305. £79.50.
Authors: Van Cleempoel Koenraad
Published: February 2008

This book comprises two parts: a discussion of about 100 pages on the origins and growth of the London trade in scientific instrument making between 1540 and 1610, and on its main protagonists, serving as an introduction to a catalogue raisonné (c. 200 pages) of all recorded instruments by Elizabethan makers, including unsigned ones. For the latter the author wisely inserted an appendix (“The Attribution of Unsigned Instruments”) explaining a script-based methodology for making attributions of unsigned pieces. Comparative tables of letters and numbers from signed and unsigned instruments are put side-by-side, providing a more or less scientific foundation for an otherwise subjective exercise.
Material London, ca. 1600. Edited by Lena C. Orlin. Philadelphia: University of Pennsylvania Press, 2000. Pp. x, 393. $65.00, cloth; $26.50, paper.
Authors: Boulton Jeremy
Published: February 2008

This volume represents the proceedings of a conference held at the Folger Shakespeare Library in 1995. It consists of five parts. In part 1, “Meanings of Material London,” David Harris Sacks explores the 1601 Essex Rebellion and finds its failure in the primacy that commercial relationships now held over older patron–client bonds. Will Kemp's Morris dance from London to Norwich, meanwhile, seemingly illustrates the way in which market capitalism corrupted civic virtue and traditional hospitality. Derek Keene's richly documented survey of the London economy reinforces the value of a long-term perspective on the capital's growth. The roots of London's consumption patterns can be traced back as far as 1300, and much of its skilled trades and mercantile expertise derived from Continental rather than native sources. Part 2 examines “Consumer Culture: Domesticating Foreign Fashion.” The title of Joan Thirsk's thoughtful essay “England's Provinces: Did They Serve or Drive Material London?” is an accurate guide to its content. Existing provincial skills could be exploited to develop new industries or crops catering either to the London market, or to gentry and aristocracy intent on creating islands of metropolitan taste in the provinces. Jane Schneider shows how the accession of James I ushered in a world in glorious technicolor, a welcome relief to the relative drabness of high Elizabethan fashion, and relates this sartorial revolution to familiar changes in England's overseas trade. Color is of concern also to Anne Jones and Peter Stallybrass, who describe the growing popularity of yellow “mantles” in the early seventeenth century, an enthusiasm that ignored their criminal and, worse, Irish associations. Jean Howard analyses Westward Ho, in order to explore attitudes to foreigners. Ian Archer's rewarding essay “Material Londoners?” begins part 3 of the volume. He explores the limited extent to which “new,” “acquisitive” commercial values conflicted with traditional Christian personal and communal values. This is followed by Gail Paster's examination of that age's peculiar fashion for ever more violent purges and evacuations. Patricia Fumerton contributes an essay notable for its wrongheaded conflation of the experience of vagrancy with that of London's servants and apprentices.
Silver, Trade, and War: Spain and America in the Making of Early Modern Europe. By Stanley J. Stein and Barbara H. Stein. Baltimore: Johns Hopkins University Press, 2000. Pp. xxii, 351. $51.50.
Authors: Ringrose David
Published: February 2008

Proving again their mastery of both detail and synthesis, Barbara and Stanley Stein have done a masterful job of compression, packing into one mid-size book material that could easily have filled two. Silver, Trade, and War is more than a discussion of the role of silver in the evolution of the Spanish Empire: it addresses the role of Spain and America in the making of Early Modern Europe. The first half of the book outlines the emergence and consolidation of the system of political authority and silver flows that linked America, Spain, and the rest of Europe by 1700. The second half explores the efforts (and ultimate failure) of early and mid-eighteenth-century Spanish economist–bureaucrats to purge Spain of the its entrenched patterns of immobility, dependency, and self-interest.
Bier, Wissenschaft und Wirtschaft in Deutschland, 1800–1914. Ein Beitrag zur deutschen Industrialisierungsgeschichte. By Mikulás Teich. Vienna: Böhlau-Verlag, 2000. Pp. 355.
Authors: Behringer Wolfgang
Published: February 2008

The author concludes with a quotation from J. D. Bernal (Die soziale Funktion der Wissenschaft. Berlin: Akademie, 1986: 22) to the effect that this book will have served its purpose if it manages to demonstrate that there is a problem. This is indeed the case, partly as a result of the author's research, and partly as a result of his omissions. Mikulás Teich, Emeritus Fellow of Robinson College, Cambridge, tries to reconstruct the brewing industry's importance for the German Industrial Revolution, emphasizing the surprising fact that before 1914 the brewing industry ranked first, alongside machine construction, in terms of capital investment. And although there are some general histories of brewing, none of them treats the interdependence of demand, scientific research, and technological innovation.
The Logic of Charity: Amsterdam, 1800–1850. By Marco van Leeuwen. New York: St. Martin's Press, 2000. Pp. xvi, 242. $69.95.
Authors: MacKay Lynn
Published: February 2008

In this book, Marco van Leeuwen attempts to answer three questions about poor relief in Amsterdam during the period immediately preceding Dutch industrialization: “Which groups provided poor relief and why? Which groups received poor relief and why? What effects did poor relief have on society?” (p. 2). To answer these questions, van Leeuwen develops a model whereby the poor-relief system served as an “exchange mechanism” (p. 33). On the one side, the rich used the system as “a control strategy” (p. 3) to influence the behavior of the poor in ways advantageous to themselves. According to van Leeuwen, there were a number of ways in which the poor-relief system met elite needs. Economically, it allowed them to control the labor market by ensuring there would be a labor reserve on hand to meet seasonal demand. Politically, it helped legitimize the social order and prevent unrest. Medically, it helped prevent the spread of disease through compulsory vaccination schemes. Finally, the poor relief system helped to instil proper values in the poor.
The Divided Economy of Mandatory Palestine. By Jacob Metzer. Cambridge: Cambridge University Press, 1998. Pp. xxii, 275.
Authors: Yousef Tarik M.
Published: February 2008

Like the rest of the Middle East, the economic history of Palestine in the early twentieth century has traditionally been the domain of social and political historians. The complexity and controversy surrounding the era of the British Mandate (1919–1948) ought to deter any serious economic historian from contemplating a comprehensive, quantitative analysis of economic life. After all, this was the period when the Zionist goal to create a Jewish national home in Palestine came into direct conflict with the native Arab community, and stretched the flexibility of a British administration that had committed itself to promoting the Zionist project while protecting the native population. Fortunately, Jacob Metzer has assumed the difficult task of producing an economically sophisticated study of the origins and the evolution of this divided economy while circumventing the political pitfalls associated with Mandatory Palestine.
Prosperity, Region, and Institutions in Maritime China: The South Fukien Pattern, 946–1368. By Billy K. L. So. Cambridge, MA: Harvard University Asia Center, 2000. Pp. xxi, 469. $49.50.
Authors: Hansen Valerie
Published: February 2008

Historians of China agree that the Chinese economy underwent a period of dramatic growth—some call it a commercial revolution—between AD 600 and 1400. As is so often the case, they have located all the causes within China: improved strains of rice, new technologies of water control, and the expansion of the market system. This book challenges the received wisdom by highlighting an important, but neglected, dimension of these economic changes: the effects of foreign trade on the city of Ch'üan-chou (also spelled Quanzhou).
UNITED STATES AND CANADA An Empire Divided: The American Revolution and the British Caribbean. By Andrew Jackson O'Shaughnessy. Philadelphia: University of Pennsylvania Press, 2000. Pp. xviii, 357. $55.00, cloth; $22.50, paper.
Authors: Rutten Andrew
Published: February 2008

In the last half-century, historians have reached a consensus about much of the history of British America during the eighteenth century. One feature of that consensus, argued by Jack Greene, John Philip Reid, and Stanley Engerman among others, is that the economic, legal, political, and social history of the colonies can only be understood in the context of their membership in an Atlantic community. Even the event that destroyed that community—the American Revolution—is now seen as a controversy over an Atlantic constitution. In this book, Andrew Jackson O'Shaughnessy fills a major lacuna in this approach, by asking why the Caribbean colonists did not join the revolution.
From British Peasants to Colonial American Farmers. By Allan Kulikoff. Chapel Hill: University of North Carolina Press, 2000. Pp. xiii, 484. $59.95, cloth; $22.50, paper.
Authors: Wright Robert E.
Published: February 2008

Based on a selective reading of over 2,500 secondary sources, From British Peasants is an encyclopedic description of early U.S. social history that attempts to describe the transformation of feudal rural folk from deferential “peasants” into economically and politically independent “farmers” (p. 1). Allan Kulikoff analyzes the alleged transformation through the lens of materialist Marxism (pp. 293–98, where he cites Marx as an authority five times). References to problematic terms such as “class relations” abound (pp. 2, 41, 289–92), and Kulikoff argues, among other things, that “gentlemen” attempted to oppress farmers by refusing “to grant them freehold land,” by forcing “them into permanent tenancy,” by “passing high taxes,” and even by failing “to protect them from bandits or Indians.” Kulikoff further claims that “gentlemen and capitalists dominated legislatures,” engaged in an “orgy of development,” and “violently suppressed” rural rebellions (pp. 288–91). Yet somehow the mighty yeomen “stopped deferring to gentlemen and insisted on democratic decision making” (p. 291).
American Indians in the Marketplace: Persistence and Innovation among the Menominees and Metlakatlans, 1870–1920. By Brian C. Hosmer. Lawrence: University Press of Kansas, 1999. Pp. xvi, 309. $35.00.
Authors: Lewis Frank D.
Published: February 2008

In recent years the study of native Americans has emphasized their response to incentives, among them the economic incentives associated with European contact. Despite the initial cultural and religious divide between aboriginals and the newcomers, historians are becoming increasingly of the view that, in many dimensions, Indians approached the market much as did nonnative consumers and producers. Brian Hosmer's American Indians in the Marketplace is firmly in this once-revisionist tradition. Hosmer presents case studies of two bands that developed successful, resource-based, economies; the Menominees of north-eastern Wisconsin, and the Tsimshians of Metlakatla, on the northern coast of British Columbia. Central to the economic and social development of these groups were the relations between band members and nonaboriginals, relations that are the focus of Hosmer's narrative.