Oxford University Press, 2008
Simon Chesterman, Thomas M. Franck, David M. Malone
A unique new course book
demonstrating the interaction of law and politics in United Nations practice.
Law
and Practice of the United Nations: Documents and Commentary presents primary
materials with expert commentary, demonstrating the interaction between law and
practice in the UN organization, and also discusses the possibilities and
limitations of multilateral institutions in general. Each chapter begins with a
short introductory essay by the authors that describes how the documents that
follow illustrate a set of legal, institutional, and political issues relevant
to the practice of diplomacy and the development of public international law
through the United Nations.
By
emphasizing primary materials, the authors enable students to form a realistic
idea of the work of international diplomacy, as the negotiation and
interpretation of such texts is an important part of what actually takes place
at the United Nations and other international organizations. The text presents
a wide variety of documents, each of which must be read differently: treaties
and resolutions based on political compromises, judicial opinions that are
based on legal reasoning, policy documents intended to justify specific
actions, and advocacy intended to pursue a national or other interest. Students
will develop the ability to read these documents critically, parsing not only
the meaning but the politics behind them.
Law
and Practice of the United Nations is ideal for courses on the United Nations
or International Organizations, taught in both Law and International Relations
programs.
“This
book is overdue and immensely valuable. The United Nations used to merit a
couple of chapters in an often dry-as-dust casebook on international
organizations generally, chapters devoted to the law of the Charter but never
the political practice that illuminates it and makes it both trying and
occasionally triumphant. Here, at last, is a volume entirely devoted to the
United Nations for scholars of both international law and international
relations, in an accessible format with challenging issues at every turn.”
—Anne-Marie Slaughter, Dean of the
Woodrow Wilson School
of Public and International Affairs, Princeton University
“International
lawyers everywhere should rejoice that Thomas Franck, along with colleagues
Simon Chesterman and David Malone, have at last made widely available the
primary documents that have long formed the backbone of Franck’s renowned ‘UN
Law’ course. Their casebook—which examines through a legal lens the relevance,
capacity, practice, and accountability of the UN—stresses the interaction
between law and politics without confusing the two. From its opening
introductory section discussing, among other things, why the UN Charter ought
to be regarded as a ‘constitution’, to its closing chapter devoted to the
prospects for UN reform, this is a book that makes immediate and concrete what
it means to have an international rule of law.”
—Jose E. Alvarez, Hamilton Fish
Professor of International
Law & Diplomacy, Columbia Law School
“Law
and Practice of the United Nations is part casebook, part textbook and,
throughout, a profound set of reflections on the past, present and future of
the UN as a ‘constitutional’ framework for global governance. It is designed for
students, but there is no specialist on the UN who would not learn from this
impressive volume.”
—Michael W. Doyle, Harold Brown
Professor of International
Affairs, Law and Political Science, Columbia University
“These
three highly respected authors have created a volume from which any serious
scholar can gain tremendous insight....First, I believe that the inclusion of a
broad range of original documentation makes this a much more useful book than
has been published anywhere else in recent years. Second, the authors provide
in their commentary very rich explanations of the practical contexts within
which these documents have arisen; these explanations provide deeper
understandings of the legal and political considerations standing behind the
documents. Third, the authors have addressed important topics of very recent
vintage, allowing instructors and students to make meaningful evaluations of
contemporary public events.… These authors have generated such a breath of
fresh air that I must admit that I very much look forward to using the text.”
—Edwin Smith, Leon Benwell Professor
of Law, International Relations
and Political Science, University of Southern California School of Law
“The
book’s central strength is that it situates its legal analysis in the context
of policy and practice. The selection of cases and documents are
excellent—effectively illustrating the impact of law on practice and, more
generally, the interaction between law and politics in international affairs.
The overall scope and content are ideal for both law and non-law students (at
the graduate level).”
—Ian Johnstone, Associate Professor
of International Law,
The Fletcher School, Tufts University
“The
strengths of the book are considerable, including its broad focus on the full
range of UN activities and issues, its inclusion of both historical material
and current developments, its clear organizational structure, and its good and
lively commentary.”
—Jane Stromseth, Professor of Law and
Director, Human
Rights Institute, Georgetown University Law Center
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