State Succession and Commercial Obligations by Tai-Heng Cheng

which should be the focus for a more meaningful by ruth wedgwood. as one of the few decid- ical capital to justify their decisions. any new third parties, his emphasis on affording these ral issues such as jurisdiction and remedies at used to fill the gap between the conventions on problems of customary international law", that bind global participants together in cooper- things in the area of state succession--(1) to min- within the state certainly goes some way in definition of "war" is inadequate to address the implementation of the aec by 2015. the of customary international law, and the dis- d. mansfield and jack snyder unravel the com- provided a deeper discourse into a fractious and the aec blueprint is probably the most for instance, how the introduction of foreign new york: transnational publishers, of international law". using the vienna con- of greater extensive knowledge is the develop- out as well as the distinct analytical frameworks main idea woven throughout the chapters of the actions and beliefs of other states concerning dexterity in its affairs. security council. this chapter concludes with "constant re-interpretation of events that derive ing from a recognition decision for the status and humanitarian law (cambridge: cam- second, the author utilizes a foucauldian sion of non-governmental organizations that many religious individuals (and organizations) highlighting the importance of discourse and the come to the conclusion that it is difficult to fight it makes historical sense given that they shall the not only influence, but also have been influenced humanitarian law and each subject's interaction weak regimes to strike deals or continuing com- the causal elements behind each particular state its scholarly flavour despite the pre-eminence vening party in the state's nation building pro- with an interest in international security and and competing cultural and social influences will juxtaposition to the final chapter of the book the second conditioning factor is the relative sis. however, the fundamental tension remains becomes part of an ongoing process of dom- which is to consider issues pertaining to inter- edly international law chapters in this collection, context", the author suggests that within the mercial arrangements caused by successions. they would have fallen foul of their ambitions. by surrounding social factors. the significance used in the process. some chapters are empirical to be obligatory on one hand, and the more 11 sybil book reviews 353 scend the westphalian statist paradigm. in address the dichotomous issue of norms, objec- respect to commercial obligations away from ing from on-going discourse rather than on a international system. in his chapter, brown thoughts of most asean scholars in a few pithy tional relations has always been seen as a way it is an excellent textbook for the interna- dedicated to introducing the reader to the inter- artificial categorization as the reader soon real- appropriate that the book has been published ing theories of international law which centre conflict management in this chapter, he seeks to ination and resistance, and whereby not only duced separate corpuses of norms that are rele- identified as applying "(new haven) methodol- truth of the status of a particular norm, as it international law of state succession should take this distinctive new haven flavor may invite national law from a perspective that elucidates any structured sense" (22-23). the assertion gations by tai-heng cheng [ardsley, words, the purpose of the law of state succession tive constitution of actors and their interests, and practitioner alike, with the basic authorities towards its larger geopolitical context. fifth, ing on a range of issues on international a lucid introduction by the editors in part i institutions, sources of international law and titioner may sense some naivet� as realpolitik more stable regions instead of narrow agendas ily adapts to the approach of foucault. he fronts. play between the state and the individual or the not only to states themselves, but also to the nition is seen as an ongoing reflective form of an interpretation of international law based on approach to state succession which has been ideas of power would lead to a transforma- third parties palpable roles in the international the procedural aspects of international human turning to another aspect of human rights, and, perhaps ambitiously, construct paradigms asean documents, this reviewer had the occa- practitioners and scholars, leashing the dogs of criticism. for example, some may find that the united states. however, chapter 3 pro- humanitarian law. an integrationist approach revisits assumptions about the democratization icymakers realized that third parties have a niche tantly, it brought third party or multi-track international legal order. xxviii + 990 pp. hardcover] international law of state succession on two in conflict management" will be of particular review of the negotiating backdrop as well as tion allows the reader to formulate his or her international arena. it becomes clear as second, this book is a clear attempt to val- promises of integration and peace. more impor- international human rights & humanitarian nizations that have shifted the capacity to govern for a framework of international law that allows thus becomes a compound of knowledge and bridge: cambridge university press, 2006. finally, hammer attempts to apply the sig- cates and reiterates the basic aim of the book, nonetheless, concomitant with the acquisition reader with a brief introduction to procedu- leashing the dogs of war is a particular use- ing perceptions that are inherently contrary to global economy." agreement among decision makers and implicit most concrete argument in his book, the author experiences from leading international relations little memory was once available, an answer to so doing, the benefits of preserving commer- economic and even cultural factors that shape role of ngos in the different tracks of diplo- summary of the 2004 asean protocol on the lished before the terrorist attacks of september up in the post cold-war period. for hammer, challenges of managing international conflict is contrary to these four policies. life. practices, drawing together diverse problems, ories by apprising trends in state succession ber 2007 and the asean members also issued a greater benefit to consider the altered power disappointingly, chapter 4 only provides the nonetheless, it tries. chapters 1 and 2 are collates all those trade agreements has been to account for the full range of commercial on multi-tracked diplomacy produced by schol- 2004 protocol pursuant to article 9 of the 2004 state policy and as a reflection of authoritative dence of a belief by the state that a practice is part iv, "uses and limits of statecraft, illuminating concerto of scholarly discourse. the asean charter was signed on 20 novem- cedural aspects of each human rights tribunal. part vi, "uses and limits of governance as with existing concepts of power in interna- of the ceding state and the primacy of consent law and international relations. in "chap- between several parties is never an easy task. this query was not immediately apparent but a tized" states, "slow democratized" states and shown that it can work. paul f. diehl then sion to refer to mr alan ong teck keong's determination are good global policies to work and introductory practitioner's guide because management process. challenges to global security" and leads of sion and obligations to meet the needs of the from trite ones such as the right to life to more tives, state succession, through the eyes of the ity (such as, for example, for commercial and sions on commercial arrangements regardless of tions are indeed derived from discourses that manner for ease of use. even the book's admit- plex interplay between historical weaknesses, while others are theoretical. some are con- exclusion of other decision makers". in his book a foucauldian approach to interna- fies his role. as the author emphasizes strongly practice as well as treaty practice to support ment of more intrusive inquiry by all actors who yong, who was at the time of publication the by placing the prerogative onto the ceding state a guide to free trade in asean by lok hwee political method and practice capable of various course in which there are no absolutes. in the have "selectively applied the proposals in the in the two fields. yet, in conclusion, i suggest power" in "the place of soft power in state- and pamela aall [washington d.c.: united part of the eventual goal for a religious believer, ories is that they fail to adequately describe "uses and limits of force in conflict man- however, the author's contention is prob- temporary state practice in the successions of in conflict management", karen a. minst and law of state succession must give proper effect to ceding state, reflects a resolve on the part of the the needs of modern international society. he modify the rules of formation (91). on human rights and related issues in the tional rather than entrenched in reality, since sensual decision-making process is necessary international human rights and humanitar- ing the development of customary international substantive adjustments to commercial arrange- had already been confronted with some of the cial matters. new regimes are often ill-equipped tions as part of the process of shaping states and start the discussion with a particularly chap- cations for use of force which centre around post-september 11, in particular, the changing security and humanitarian law. ence of these in the international arena "reflect and yet talk about peace at the same time. yet, succinct enough for digestion without being power from a host of non-state actors" (125). consensual resolution of commercial obligations a more process-oriented nature, whereby recog- declaration states that "[t]he aec blueprint on afta. nomic community, it will be useful to tend to be characterised by high levels of explicit exist to promote human rights and other national tribunals, private corporations and even private individuals who provide profes- hardcover: us $99.95/�55.00] over 6 parts) to render it a fairly rigorous and whether application of "soft power" in conflict ensuing role of power and knowledge (130). his canvass of state practice relating to contem- element of state succession. in real terms, the is the gauging of the effect of the discourse on bility in the developing world, to weave his in sum, the author contends that the bene- discussion of the concept of jus cogens was of reconstructing states. in particular, she tional relations may help transcend the west- developments as evidenced by the continuing its editors sought to provide students with an war--the individual, the national-state and the today are not so much premised on the idea of cussion in this part with a piece aptly entitled three of michel foucault's more well-known michael e. brown. levy introduces the reader questions. "is democracy the answer" is the found in this book, which is organized in a neat tional law. expertise, obviously obtained from negotiating, duction to the aec provides the reader with vision of today's security landscape which he cally difficulties. it should attract interest from conflicts from 1990 and 2003, art and cronin new post-cold war societies and the violence in further upheaval and instability. despite some passing familiarity with the are used to change the behavior of a intransigent includes a series of monographs which focus role to play in international conflict manage- focus. thus the state is not acting solely for the law creation overtly clash and co-exist. this into account. sadly, dr. cheng's thesis properly reflective of the political sentiment in and obligations but did not develop it fully". to judge the situation and often lack the polit- in his book, this power and influence pertains of the international system and the intersubjec- as the basis to modern international law. they aec. dr. cheng finds that "strategies of decision the fact that a great deal of contemporary war- cal context, and the current institutions within internal organization of the terms or the present also interest in "war and law: the dilemmas of law of state succession and commercial obli- 356 singapore year book of international law (2007) and commentators in the conflict management and actors available in international conflict of the diverse view points canvassed through- in the 1983 convention, in particular, "clari- published. while most of these agreements ful book for international lawyers who wish to nal and secessionist conflicts that have sprung domestic constituents which may in turn lead to and limits of ngos as conflict managers. chi- however, what is noteworthy of the book concern. book to operate as a forum for broad debate and an emphatic show of support for the united "using force for peace in an age of terror" the author once more prescribes foucauldian shifting positions of states and other actors with viding security for specific population groups accordingly, state consent remains a crucial descriptive thoughts for normative issues quick reference to the book, which this reviewer the territory. trading the primacy of the state state can often be multifaceted and compli- law into municipal law. the editors empha- to a changing nature and definition of warfare balanced. third, dispute prevention and dispute law and international humanitarian law cannot schnably, richard j. wilson, jonathan fundamental freedoms by the french govern- level. by doing so, the author makes an impor- international law scholarship that took place security challenges". requirements of self-determination and human and are affected by the state succession. more of states. in this way, customary international provide a better guide to a researcher initially of views and ideas without summarily dismiss- protocol). this reviewer was asked by a member identifying where ngos have limited their own force, diplomacy, institutions and governance as leashing the dogs of war: conflict introductory casebook on international human ian law protections" is intended to be the core context of examination, and also that an alter- to modify the actions of others--and not just state might not serve in a constitutive sense in crocker for a return to use of comprehensive doctrines on the use of force and humanitarian state successions is to be conducted with a view palatable or whether new haven scholarship production base, a highly competitive economic fall within the state's purview (107). such a prof. nye applies his "soft power" thesis to illegitimate successions should be discouraged relations between the participating actors from so as to pre-empt disruptions that may result treaties, 1978 (the "1978 convention") and ("opino juris"), which constitutes the so-called whether the state succession arises from legit- maintaining domestic order as well. in other actors that constitute the processes of interna- law: treaties, cases & analysis edited that being said, part iv also boasts the latest which proves that the traditional clauswitz-ian more static outcome-based approach. as the gratulated for bringing together the commenta- assumptions: 1) that the achievement of truth is gations. it is summarised as follows. first, opment, and a region fully integrated into the dr. cheng challenges existing theories of the reviewed by michael ewing-chow tional law, leonard m. hammer eschews the recognition. within such a paradigm, both the cheng finds that final outcomes in state succes- commercial law. in his book, dr. cheng pro- the vienna convention on succession of states tant contribution to the discussion of a more sity, the reader is able to pit one contributor protocol. emerging roots of some form of international importantly, the open-endedness of the collec- vention on succession of states in respect of garchic power upon new states through the report. unfortunately, age having eroded what tantly, detractors of the new haven approach remains to be fleshed out and the trade agree- to be fair, it is not easy to compile a con- on international human rights law, international neil j. kritz's chapter, on "the rule of law rights law. i had expected the editors to have "grand strategy" to build stronger states and are the overviews accompanying each section. means for controlling others will also increase. to be particularly important. first, dr. cheng management will fall victim to its side effects. unfortunately, turbulent peace was pub- of this is that we do not only alter our modes preeminence of their version of the truth. tensions that cause palpable tension in failed or this book is organized, perhaps inadvertently, commercial law. to date, the 1979 convention for what they term as "fast-track democra- be taught or even thought about in the same that this book is best used in conjunction with vide notions that allow for a broader spectrum third party commercial interests are involved in nations as the authors opine that it is the only the early realization of the asean eco- investments and the asean dispute settle- notions of knowledge and discourse as a step found both an opportunity as well as utility for already in possession of an immutable truth pre- for it. diplomatic discourse). the idea here is that it conflict management: relevant or irrelevant?" to legitimise the exercise of hegemonic or oli- assembling, again, an outstanding repertoire of governmental organizations pursuant to their thorough and illuminating. (133). ject others to his or her particular view. given solidated and comprehensive textbook on both issues. "chapter 7: non-government organi- zations and power" focuses on the emergence the author nominates the ideas of michel majority group and the minority group, but a modes of combination with other principles and ory of state succession must reflect this causal within this perspective, international law func- agree on between two or more interested parties. argues that they incompletely analyse state suc- in part v, "uses and limits of institutions likewise in "chapter 4: transgressing been suspended from school for not attending a public celebration of the outbreak of world for not only the state, but the resistance amongst ultimately, narrow agendas are resorted to sim- paradigm shift in international relations and as it provides he or she with precious and law is not so much a matter of attaining the good policy. however, any law of state suc- realm may not be apparent to the international developed differently thereafter and thus pro- vey of state and treaty practice makes it a i believe that we, as readers, are better off of its contributors. yet, because of this diver- the balkans, africa and the caribbean. gate publishing limited, 2007. vii + 154 pp. second, and following from the first point, are generally quite adequate for the purposes of an examination of state practice that may be a transformative context while at the same time porary instances of state succession is equally a foucauldian approach to international law: advocate the use "soft power" as an instrument however, while the asean charter and 2007 cch asia pte limited [. . .] given the new impetus towards interesting concluding part and begins with two tifies that state succession has effects beyond justifications to the post-september 11 justifi- 4 chapters are exclusively devoted to the use of cites two main cases from the european court and international humanitarian law. games would, that the density of relationships montville. chigas takes the reader through the the aec. her conclusion that asean's con- and 2) that a believer does not seek to sub- element to the law of state succession. the through international human rights & agement" begins with a call from chester a. debate". hampson and mendeloff admirably dr. cheng's thesis detracts from the primacy his book, hammer draws predominantly on decision making process is neither necessarily accordingly, dr. cheng derives a normative notes, as a game theorist explaining the repeated reviewed by gillian h.l. goh decision makers in successions. fifth, interna- worthwhile investment for any international society have made new haven scholarship more lenges, interstate, intrastate and transnational fourth, international law should influence the much craved for insight into how international titioner's guide. this book holds a particularly that a belief (as a human right) is not a power that a social balance would be achieved. while will transform asean into a single market and cated as well. to exacerbate matters, the this is something that should be aimed for, mation technology and bio-technology. brown conflict management, calling for greater region- examples of state succession that he provides dr. cheng notes that actors in international nonetheless, this book's comprehensive sur- a world which was just getting to grips with an breaks a new regime's back. at least, exist- figuration" (110). this brings us back to a 2006.xvi + 483 pp. hardcover: us$125] adds such new challenges to pre-existing security lished in recent years. the author argues that unreflective of contemporary state practice. he discussion between representative stakeholders against the global policies at stake". these the aec blueprint have been adopted, much asean texts. governmental organizations, peace makers and the constructivist emphasis on the social nature management where lawyers come in useful. tivity and state interests by transgressing the 354 singapore year book of international law (2007) are seen through the prism of this perspective. there is no doubt to this reviewer that this rights. fourth, dr. cheng notes that analysis of tional law should discourage any behaviour that takes time but time is precisely what new states berly marten asks "is stability the answer?" sion. it is hard to disagree that maintenance of in particular, ms lynn chua shu xian's intro- providing the reader with the basic background which examines the seeming paradigm shift lematic. his argument is predicated on two the "normative deficit of earlier succession the- reminder that there are no shortcuts to democ- ment mechanism are also very helpful reference macy whereby both negotiation and coercion of soviet socialist republics and east timor, since. as the third installment of this series by particular sources of global conflict, such as with general monographs by jack s. levy and dr. cheng's book, at very least, provides us with ary international law is having on the actions one part, and the customary international law discursive structures in their attempt to tran- it serves as a useful guide to the study of state resolution should minimise disruptions to com- objective state practice that demonstrates evi- postulates that "[r]ather than examining non- sure he means those of their populations too. ply because they are the ones that are easiest to because "a dominant agent possesses power in and related ideas. when a state cedes from another. it is always tions between international human rights law also its weakness. it is an excellent textbook in "chapter 3: recognition, transforma- concerns of various constituents of the domestic his thesis that international law should do three to enter into obligations as the regime sees fit and divides into military and non-military chal- so doing, created a risk that a student reader five years later, turbulent peace: the from surrounding political and social effects", implementing or advising on the different texts, commentators. may even doubt the soundness of dr. cheng's ment. in globalization, international relations gain a deeper insight into the political, social, it is thus timely that a reference book which law, the crucial element is not necessarily the according to him, "earlier theories" simply do of the ceding state. doing so detracts from an stability to carry out its commercial obligations. in the creation and change of the international first, he perceives existing theories to be post-cold war period ending with a poignant for the need to find international consensus risks nity (aec) which adopted the aec blueprint for interpretation of jewish law. in the other, a addresses a number of human rights ranging national crimes" right into this chapter. in into whether new developments in international state sovereignty, allowing for the interaction diplomacy, and soft power in conflict man- invigorated era of globalization and its resulting reconstructing states alike, play a crucial part textbooks. in the right places (through 37 chapters spread 11 sybil book reviews 355 indeed, soon after the publication of the book, accurately reflective of contemporary practice global policies are identified by dr. cheng as management process. for example, the latter three things are clear from this book. first, to preserve unity in asean but also poses to also include a short biography of each of the tional law. it brings to the fore the notion interest to constitutional lawyers as well as inter- states institute of peace press, 2007. xviii + on human rights. in one, the claimant sought of the audience in a talk on asean whether con- vides us with a thorough examination of state attitudes, and perspectives. and the contingent nature of perception itself are benefit of its existence, but also for the improve- hong kong and macau; the former czechoslo- position on the other part. yet, most impor- are practical effects to neglecting the primacy does not. he identifies a multitude of actors war sources of international and intra-national proved an obstacle to the child's (and family's) 350 singapore year book of international law (2007) national human rights and humanitarian law broadly, his fault with earlier succession the- well as the cross-referenced index in the book table and facilitating agreement. their obligations. customary international law he views earlier theories to be inadequate to the various entities, but rather is distributed structural flaws and socio-political and religious had serendipitously brought along to the talk, of decision makers as well as the possibility of dogs of war aims to do that and more. clearly, but certainly to some extent, social interac- responses to the status of the entity by interna- these assumptions, it is possible, through contin- trade area (afta) in 1992 has created have not been signed or ratified by many states. global order and giving effect to the right of self- which she answers emphatically yes. ottaway debts, 1983 (the "1983 convention") and the alism. it then follows naturally that diana link to the state (which tends to limit the scope a section on "international humanitarian law cong, christopher h. lim and ng lyn eds. obligations that may be questioned when suc- question posed by marina ottaway while kim- enabled this reviewer to sagely reply that a neg- 11 and hence, does not reflect and record the mercial agreements which may be unsavoury to ingly for a transgressive framework, suggesting outside the realm of the state" (125). of the state and its international legal capac- a good textbook on each subject to provide the secretariat's website (www.aseansec.org), the same roots in the post-world war ii reconstruc- fallacies and disillusionment of globalization's ments that are reached by consensus among the tive framework for the constitutive elements of each chapter, various issues of international law ted "united states-centricity" cannot detract tional decision making but fails to note that in 1996, managing global chaos: sources of here is that power is a multi-layered process that such as the global war on terrorism. how- perceiving human security as a process read- ual discourse between individuals and groups, principles of state responsibility. these chapters international community". may argue that while dr. cheng accurately iden- putting theoretical differences aside, there national lawyers as it examines the importance based conflict management. "soft power", ognizing the proper role of external actors as into the united states' theory and jurispru- since its formation in august 1967. in to distinguish 4 main elements of the conflict objectives, five conditional factors are identified ments preceding the asean charter still remain state succession also accounts for the minimum the global arms trade, terrorism, environmen- 11 sybil book reviews 357 region, a region of equitable economic devel- are involved in the discourse" (26). ment of the individuals (citizens and others) who effectiveness. international lawyers will take outlines the challenges to conflict management sion reflect the equilibrium of this relative power animals in accordance with a more stringent mitment from the political leaders captures the war does not disappoint. nations reform such as the legitimacy of the the most relevant materials on international protections and human rights-related inter- stituents. international pressure to carry out state. through a case by case analysis of various nations (asean) has come a long way fundamental proposition that international law general international law, topics which are cov- of establishing a rule of law as part of the conflict should. argues that there is no substantive difference that building and executing "grand strategies" status of the norm (as reflected by practice), state succession affects commercial obligations. from the fact that it provides the reader, student 726 pp. softcover] commentary to the two vienna conventions is provide, will begin to look at the manner by the editors of the book are also to be con- own views with the benefit of a wide perspective. problem lies in ascertaining where consent lies damental change in the political structure and and the poststructuralist critique of underlying accommodating framework of international law may neglect the conceptual and practical distinc- each of the seven chapters clearly expli- presence of military authorities at the parade so doing, levy promulgates a "levels of anal- government organizations that have been estab- ogy to a particularly vexing and unsettled area may even view dr. cheng's thesis, insofar as it ered in greater depth in other international law more importantly, in achieving these policy and authority. third, the contemporary law of treated with more respect as part of an on-going cession and commercial obligations as they "fail gas provides her insight on existing literature might conclude that with the increase of the abil- law regarding a state's claim of what it believes law, 2007) by ren� provost. hence, this book idate the new haven school of thought in this crepancies between opino juris sive necessitatis fare occurs within states and not between states. framework, from attempting to balance these ments by making sure that each succession is process, they have succeeded resoundingly and moreover, the editors have seamlessly slipped tion to the various challenges to global security sional assistance international decision makers and operation of the ngos), it would be of of altruism in a slight expansion of his the- reviewed by jeremy leong this chapter discusses the sources of the interna- has a way to go in resolving its own theoreti- towards. however, beyond these policy objec- seeking after the truth, but rather that they are to these two subjects is not a novel one. after all, allowing the reactions of these states in turn to and contextual arrangement of the sections as 1983 convention to refine the law of succes- even values of the territory. any liberal the- which states alter their positions, thereby rec- on the weakness of failed states. in 5 sep- important significance for international lawyers law from the traditional westphalian notions of "outmoded statist approach" and joins in the these assumptions should be deemed aspira- truly global security institution and that it has imise disruptions to the international political by francisco forrest martin, stephen j. ment for disallowing the claimant to slaughter vides us all with a concise yet detailed look providing a viable approach to the rife inter- reading this particular monograph, the prac- be sensitive to the demands of domestic con- part not in discerning the law as such but in its forward in dealing with the problematic issue and diplomacy in the post-september 11 world macy (and their variants) while unabashedly remain largely the same. "coercive diplomacy" part ii examines "sources of conflict and arguing first that such an approach can begin to margaret p. karns on "the united nations and tors on the various topics whose experience and conflict management tools. this is, however, an unfamiliar with asean than what is otherwise ability to "account for the ongoing changes and paths throughout the book, as they do in real from chapters 5 to 7, the focus is (2007) 11 sybil 349�358 � 2007 singapore year book of international law and contributors the territory. maintenance of global order is a would be useful to view recognition as having population of the ceding territory to seek fun- diplomacy to the forefront as diplomats and pol- nificant link between foucauldian ideas of by robert j. art and patrick cronin also adds a ever, crocker fails to address the possibility logue, but to continually struggle to assert the the variety of interests represented by various child from a family of jehovah witnesses had this book had big shoes to fill. however, of conflict management reduces the likelihood of asserts that "security, as understood by fou- that power is not simply divided up between discussion of international law to take place. imate exercise of self-determination or illegiti- 352 singapore year book of international law (2007) order, its breadth also makes it a handy prac- challenges that will have to be overcome by com- part iii is allocated for discussion on the two competing policies, to be applied to the analysis of power, postulating that that is help- and differentiated international society which by fen olser hampson and david mende- power and those of knowledge to issues of inter- will occur. a chapter on the asean charter tal and economic insecurity. this part also tion and power", it is argued that while the as the operational trade rules of the emerging it is an outstanding summary of united states rights. well (17). in this, hammer neatly straddles well articulated in international human rights collusion among some decision makers to the international law on global security in particular however, the strength of this collection is creating a state, there are ramifications emanat- of operations because of a particular belief but, book is especially obliging in terms of identify- the law of state succession because "earlier available online. sented to them by an omniscient entity. their regard to international law may be accounted one of the contentions made in the book is that not do the job, or at least not as well as they tion and the 1983 convention evince a partial of the book. this chapter lists down and ars such as william d. davidson and joseph from the 1990s use of force for humanitarian these international decision makers may not self-determination. cies of global order and the maintenance of international decision making". in particular, in this area should aim to balance the two poli- various external actors, to constitute power. book is an important contribution to scholar- chapter 5, which is entitled, "substantive succession and commercial obligations for both are available for download from the asean of the new state lies in a variety of commer- international human rights and international cault, is not a broad element of political power need to ensure that they have sufficient internal existing theories. he notes that the work done reconstructing state. it should also be noted that arrangements that have resulted from the ongo- s. simon and mark v. tushnet [cam- to be exercised by the state, but a principle of legal scholars of deeper and broader mien. this work urges a de-coupling of international determines that there are times where principled tional law and/or international relations student identifies new dangers to the global landscape european convention on human rights and collusion between these decision makers, serves rights law and international humanitarian law. law scholar or practitioner of international and the 1983 convention remain treaties which failing states. which takes account of the political realities structive while others are post-modern. it is problems. part ii then continues to examine state succession and commercial obli- methods do not account for the realities of and influence of actors above and below the state hence, such a definition may not shed light disputed rights such as the right to marriage. been cognizant of the fact that the manifesta- also identifies the fact that divergent opinion making concerning commercial arrangements ing resistance offered by non-government orga- a new economic dynamism in the region. ter which addresses burning issues of united sensus was required for the adoption of a panel national law. with reference to international restitution for a violation of article 9 of the cession occurs". he opines that a multitude of roles and importance of international institu- loff, "intervention and the nation-building expectations of the territories", by which i am a clear and concise discourse on the histori- purpose then is not to engage in social dia- tional agencies and governmental bodies. the concerns, such as arms proliferations and insta- more. that being said, it is a good casebook. also include international organisations, inter- related to human rights is the explo- affect existing cultural and social structures in a yet, this book also possesses sufficient depth they have achieved that. however, if the editors the need to combat global terrorism. freedman particular the launch of the asean free "discursive formations" to lay the foundations phalian state-centric approach to international ship on state succession as well as international struggle to find a viable framework of interna- sought to produce an authoritative textbook, which influence military campaigns in both cases in a loose-leaf format. recognises that the relative power and authority secretary-general of asean wrote: tions in conflict management. this introduction bringing an opposing party to the negotiating of global civil society and the profusion of non- accordingly, he proposes a policy-based through cultural and social influences. yet, as ysis" framework of classifying the causes of bears the risk that international human rights tional law on use of force and the intricacies of from a foucauldian context of power, hammer in conflict management" is also a particularly the book progresses that while expound- subjective element of customary international but rather the effects the discourse on custom- responsible to its domestic constituents. this and international relations. he argues convinc- and responses to international conflict pre- cess and discourse rather than the outcome, dence in this area. chapter 4 is dedicated to ing and elaborating on the various institutions while the book is a good start particularly the emphasis here is that upon consider- economy, (2) facilitate cooperation between the around the doctrine of tabula rasa facilitate a because of the transformative process, we also tion of beliefs, right or wrong, should have been acknowledged (44). "chapter 5: a descriptive moment for free- sections on trade in goods, trade in services, nor prescriptively sound. critical legal scholars foucault as the way forward in this endeavor, governance that recognizes the derivation of of advancing one's states' individual interests arrangements on any particular party should be ative consensus rule was in operation in the players involved and (3) facilitate the "legitimate of international decision making should reduce particular field of international law. however, a human security approach to issues of interna- author himself asserts, "it is important to pro- for (22). phenomena, its focus was on the weaknesses of ultimately, this book is a casebook and no scholars and practitioners alike. dr. cheng's aids that organize and summarize the various the other introductions accompanying the the book--the notion that it is the social pro- for that reason that this book loses some of coherent and effective international responses to enhanced dispute settlement mechanism (2004 immediate necessary update. it is therefore exist, nonetheless, like asean and the aec, movement of the law of state successions with military action can play an important role in sentences. taken the opportunity to explore differing pro- actors, such as international organizations, non- vakia, the former yugoslavia, the former union hammer argues that this way, the various and conflicts. analyzing issues of global security in in his foreword to the book, mr ong keng exposition on the causal elements of state succes- agement". lawrence freedman spearheads dis- declaration on the asean economic commu- this book fails to recognize that each field of law should be to prevent further succession move- arate pieces, robert i. rothberg, mohammed caused by technological advancements in infor- the ceding state which often involve or concern further, he observes that the 1978 conven- human security context, the importance of pro- focus on the security of individuals and groups decision makers identified by dr. cheng and verdicts, asserting that the court should have the united states institute of peace, leashing the human rights law and humanitarian law can be social discourse for the formulation of human between these two justifications as the factors decision making are not limited to states but aid. for the aspiring international lawyer, this argues that a new theory of state succession law, this is the author's main passion and analytical framework. commentaries to these treaties as well as con- with the other. cial arrangements with the costs of exploitative law should manage the impact of state succes- scanty. chapter 3 deserves special mention as further influence and shape the social process. book reviews fied the modern law and policy of succession the right to self-determination. more impor- external pressure being placed on new and often in resolving issues of state succession. premise is that the application of foucauldian on the existing sources of global conflict. in against another on any variety of issues. more and failures of coercive democratization in the reviewed by jeremy leong "security first" states and the role of an inter- valuable contribution to an on-going social dis- to international law at large. in particular, the maintenance of global order and the right to by viewing use of force as another tool of diplo- succession so as to prevent further upheaval in mate successions that it is unable to stop. in 11 sybil book reviews 351 examines the role of regional organizations in cess and the conditions of its success. 358 singapore year book of international law (2007) racy. this provides the reader with a nice there the decision making process within the throughout complex social actions which serve commercial obligations may be the straw that comprehensive as well as engaging. further, size that this book was targeted for students in tantly, this book may prompt a broader enquiry power and authority of decision makers. dr. relations, the author asserts that: "initially one subject to new influences and continually clari- from such successions. second, international humanitarian law: treaties, cases & analysis, from outside the state that influence interna- the united nations charter where politics and discourses of the various actors" (28). thus in installment of joseph s. nye jr.'s thesis on "soft ter 6: human security from a transformative vant to different contexts. this argument being what is understood to be the legitimate system" ful in the examination of the interplay between this reviewer is hopeful that further evolution organization of the texts and the chronological practice in the incorporation of international hard to ascertain where the political sentiment practices within the diverse government con- management in a divided world edited by dom of religion or belief" introduces the idea chigas, in her chapter, examines the capacities cession should not neglect the importance of international law and coercive enforcement" between nations on "the problems and priorities unique perspective to the discourse at this point native notion of power, which foucault can by leonard m. hammer [hampshire: ash- non-government organizations and the influ- tion of the international legal order. however, ative arrangements is an important factor in how conducts an objective analysis of the successes bridge studies in international and comparative non-state actors. chester a. crocker, fen osler hampson beliefs. in both cases, the author criticized these consequently, he argues, decision makers in the obligatory on the other (51). rather than the centrality of the state is the main the resistor but the actor asserting the power is fits of a foucauldian approach lies in the most ity to acquire greater extensive knowledge, the war two outside of school hours because the have a comprehensive reference book reviewed by jeremy leong in respect of state property, archives and sented us with an exposition on the post-cold the association of southeast asian since no other such reference guides currently is plainly evident. it may be helpful in the future humanitarian law. an outstanding introduc- ultimately, if the editors have intended for this first, the author uses foucault's notion of izes that discussion of all 4 elements often cross ayoob, charles king, ted robert gurr, edward that the focus should be on the fluidity emanat- recognition of international personality of a reader with a broader, deeper and full discourse