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Book ReviewsDixon, Martin. Textbook on International Law (3rd ed.).
London: Blackstone Press Limited, 1996. Introductory works on international law face the formidable task of presenting a clear and understandable account of a complex and rapidly evolving subject matter, of simplifying without distorting. Both these works achieve this task admirably, although in different ways and with different emphases. Martin Dixon's book is conventional both in terms of its focus on doctrine and the topics it covers, which include the standards such as the nature of international law, sources, treaties, personality and statehood, jurisdiction and sovereignty, immunities, the law of the sea, the peaceful settlement of disputes, the use of force and human rights. It focuses in particular on British law, as exemplified by Dixon's discussions of recognition doctrine and of the relationship between international and municipal law. The doctrinal approach of the book is emphasized by the fact that it includes no introductory history of international law; its treatment of theory consists of a summary of positivist and naturalist views, and, in one page, four other more recent approaches to the discipline. The analysis of doctrine itself conveys no real sense of the broader political forces, debates and contexts from which these doctrines emerged, even when these factors seem important to an understanding of topics such as the Law of the Sea Convention or the discussion on cultural relativism in the section on Human Rights. Consequently, while this book is very good as a presentation of the rules of international law, it offers a somewhat static view of the discipline and gives little sense of the relationship between international law and politics, which is surely important to an understanding of how international law comes into being and operates within the international community. This excision of history and the political context from the presentation seems also to affect the nature of the subject matter covered. International institutions are basically dealt with in two pages, and there is no discussion of the important work being done by international institutions such as the World Trade Organization and the International Monetary Fund. There is hardly a mention of environmental law in the book, although it surely represents one of the central preoccupations of contemporary international law. The question of coverage aside, these comments perhaps serve simply to identify better the respected tradition in which this book is written. The strength of the book lies, principally, in its clear organization, its crisp analysis and elaboration of the fundamentals of international law, and its discussion of British law. The book is welcome, furthermore, for skilfully incorporating the more recent decisions of the International Court of Justice and important arbitral decisions in its presentation. The writing is invariably clear and precise. This volume serves very well as a reference to the areas it covers. There are no footnotes or suggestions for further reading provided within the text itself. Instead, each chapter concludes with a section on 'Further Readings', which refers to eight or ten sources generally taken from respected English works such as the International Comparative Law Quarterly. The book might be best read in conjunction with Cases and Materials on International Law, co-authored by Dixon and Robert McCorquodale, and which does include materials, for example, on environmental law. Akehurst's Modern Introduction to International Law, has acquired the status of a classic over the years. The latest edition, the Seventh Edition, written by Peter Malanczuk is an immense success. The book covers all the classic concerns of international law, such as sources, immunities and treaties; as in the case of previous editions, a separate chapter is devoted to state succession. In addition, Malanczuk's incorporation of theoretical and historical materials into his treatment adds considerable richness and depth to his treatment of the subject. His coverage of the more important issues and developments in the areas of international economic law and international environmental law give a very immediate and informative idea of the attempts made by international law to deal with new and difficult issues. It is possible, as always, to quibble with some of the author's choices: perhaps more should have been made of the different positions adopted by the judges in a matter as important as the Legality of Nuclear Weapons Opinion; the Bangkok Declaration could have been referred to in the discussion on the cultural relativism and the 'Asian values' debate; the chapter on State Responsibility mentions, but does not further analyse the issue of `Circumstances Precluding Wrongfulness'. Malanczuk is unafraid to state his own position and it is possible sometimes to disagree with his assessments, but this should be seen as a strength rather than a weakness. None of these matters detract from the great strengths of this book. Akehurst himself insisted in the Introduction to his First Edition that international law can best be understood when examined in its broader political setting and one of the book's great strengths is Malanczuk's continuation of this tradition. The result is a very readable and accessible work, which will be extremely useful to all scholars interested in the subject. Throughout, Malanczuk's actual legal analysis is nuanced, clear and comprehensive. The side notes that accompany the text offer suggestions as to further reading on particular subjects and are another major strength of the book. These very clearly set out notes are often more extensive than those provided in many larger and ostensibly more detailed works on international law. Malanczuk's intention to reach a more cosmopolitan audience is reflected in the fact that the notes include references ranging from standards such as the British and German Yearbooks to international law works originating in Israel, India and Australia. I found useful references in areas with which I thought I was familiar. It was a pleasure to read and consult this excellent book, which achieves the rare combination of being analytically rigorous, generous in its vision, illuminating in its insights, and extremely readable. Antony Anghie
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