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Book ReviewsDahlitz, Julie (ed.). Avoidance and Settlement of Arms Control
Disputes. (Vol. 2, Arms Control and Disarmament Law). New York:
United Nations, 1994. Pp. vi, 239. $35. This collection of essays results from the follow-up to a UN Symposium
on The International Law of Arms Control and Disarmament held in 1991,
the proceedings of which were published that year. The main idea running
through the text is that further developments in international law in the area
of arms control could well serve the goal of avoiding disputes and settling
them in a more effective way. Also, the developments in this area could advance
dispute resolution concepts and methods in other areas, such as environmental
law and border disputes (see the Introduction by Dahlitz). The need for a reassessment of the entire field of disarmament and arms
control as a result of the end of the cold war and the emergence of various new
sources of tension gives works in this area a particular pertinence, and this
volume is especially welcome. It attempts to tackle, while keeping a strictly
legalistic approach, a multifaceted and difficult subject. The contributions have been arranged in three main sections,
respectively concerning supervision and jurisdiction in the avoidance and
settlement of arms control disputes; assessment and adjudication; and, finally,
arms control disputes in a global context. The first section opens with a comprehensive essay by E. Ifft on `The
Use of On-Site Inspection in the Avoidance and Settlement of Arms Control
Disputes', which assesses the different kinds of on-site inspections (OSI) as
appropriate techniques for monitoring compliance with arms control agreements.
The author is optimistic, with regard to both the increased diffusion of OSI
(even in a bilateral context) and their effectiveness as a tool for monitoring
compliance. This essay (which might possibly have been more appropriately
placed in the second section) is followed by two others, on `Arms and Dual-Use
Goods Exports in the European Community' and `Security Powers and
Possibilities'. The first, by N. Prouvez, sheds some light on the subject of
licensing practices in EC Member States, an area otherwise not widely familiar.
Most of the author's considerations concerning future developments have proved
to be correct - the essay was written before the entry into force of the TEU,
and obviously could not cover subsequent developments (including the adoption
and entry into operation of the Dual Use legislation). The second essay, by J.
Dahlitz, contains not only a survey of Security Council powers in this field,
but also a proposal for enhancement of these powers by means of the creation of
a number of standing committees. An interesting essay by H. Fujita on `The Role of Transparency in the
Avoidance and Settlement of Arms Control Disputes' heads the second section of
the book. This is followed by G. Cottereau's useful `Comparative View of Arms
Control Disputes', with an evaluation of the adequacy of the different means of
settling them. While recognizing the usefulness of elaborating provisions for
the peaceful settlement of disputes, the author expresses a clear preference
for diplomatic, rather than judicial, means. G. Lysen's contribution on `The
Adequacy of the Law of Treaties to Arms Control Agreements' is a systematic
work on the application of the provisions of the Vienna Convention on the Law
of Treaties (at least those provisions which uncontroversially embody customary
international law) to arms control agreements, such as the ABM Treaty and the
Partial Test Ban Treaty (PTBT). The last essay of the second section, by E.P.J.
Myjer, deals with `Supervisory Mechanisms and Dispute Settlement' and compares
the mechanisms of supervision under the Seabed Treaty with those of the
Chemical Weapons Convention (CWC). Finally, the essays in the third part are not linked systematically, but
treat various topics, namely `Some Matters of Interpretation: the ABM Treaty',
by B. Tuzmukhamedov, `Some Matters of Accommodation - Third Party Input', by M.
Boethe, `Arms Restraint and the Avoidance of Force', by F. Calderon, and
finally, `The Legal Aspects of Nuclear Weapons Proliferation Concerning the
Former Soviet Union', by C. Yamada and M. Asada. Although it lacks to some extent a guiding thread (which is perhaps
inevitable in a collective work on such a multifaceted topic), this volume
provides an invaluable amount of information in this field. It is to be hoped
that other publications of a similar nature will follow, which will take into
account events subsequent to 1994 (such as the entry into force of the CWC) and
others still to come. Antonio Tanca Legal Advisor Council of the European Union
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