1 Introduction

Book Reviews 1303 Carlos Jimenez Piernas (ed.) The Legal Practice in International Law and European Community Law – A Spanish Perspective. The Hague: Brill Academic Publishers, 2006. Pp. 690. $189.00. ISBN: 9789004154261. 1 Introduction This article reviews the book edited by Pro- fessor Carlos Jiménez Piernas entitled The Legal Practice in International Law and European Community Law – A Spanish Perspective. As the editor points out in his prologue, this publication is an updated and revised Eng- lish edition of a volume published in 2003 in Spanish.1 The new publication retains the Spanish edition’s general structure of five substantive parts, plus indexes, which deal with legal practice before International Tri- bunals in International Organizations and in the European Union, national legal practice in international law, as well as with some legal tools for international lawyers, in particular to determine evidence of state practice and concerning sources of knowledge of international law on the internet. The title of the book is suggestive and confusing at the same time. It is suggestive in that it apparently deals with a topic which is seldom addressed in the literature on international law, i.e., ‘legal practice’. Indeed, the book covers innovative topics which, in the near future, may become very relevant both for states and international organizations, as well as individuals and private companies. The confusing aspect of this title is its sub- title, ‘A Spanish Perspective’. This means either that the authors of the contributions are Span- ish, and thus offer their ‘Spanish’ perspective on the topics covered, or that the actual con- tents of the different contributions focus prima- rily on ‘Spanish practice’. On looking through the summary of this book we find a few authors 1 Iniciación a la práctica en Derecho internacional y Derecho comunitario europeo (2003). 1304 EJIL 20 (2009), 1263–1331 who are certainly not ‘Spanish’, even though have even professionally specialized in this field, they have close ties with that country. Fur- and over the years they have been able to build thermore, many contributions do not address up competitive law firms whose activities span ‘Spanish practice’ proper, whereas other the world. The fact that Spain has very close contributions indeed present topics from this cultural, economic, and legal ties with Latin point of view. This odd mix has been pointed American countries has certainly aided this out already by others who have reviewed this international expansion of Spanish law firms. book;2 however, it should be underlined that Jointly with some others, firms like Garrigues it would be difficult to offer a genuinely ‘Span- Walker, Uría Menéndez and Gómez-Acebo & ish perspective’ on all aspects of international Pombo are among the most important firms activity. The present work is a compromise worldwide. Mr. Fernando Pombo, who co- between the two options, and indeed a thor- founded the Madrid-based firm Gómez-Acebo ough reading of this 689-page book allows & Pombo, currently holds the Presidency of the us to discover real jewels of legal writing and International Bar Association (2007–2008). professional legal experience. This review will Most of their litigation, though, is related to comment on two major aspects: first, we will private and commercial law matters. Tradition- offer an overview of the present practice of ally, disputes under Public International Law, ‘Spanish’ international lawyers, and, secondly, be it in the field of International Economic Law we will comment on ‘international legal prac- or Human Rights Law, have seldom been the tice’ itself. With regard to this ‘international object of professional litigation by Spanish law- legal practice’ it is important to note that it is yers. The Barcelona Traction case may be con- referred to in this book in two different senses. sidered an early exception. In 1958 Belgium First, it refers to the legal exercise – or practice – submitted an application to the ICJ in the in international law, which presently is carried exercise of its right to diplomatic protection for out by lawyers before a wide array of interna- Belgian shareholders of a Canadian company. tional tribunals or in international conferences The Belgian shareholders claimed that they or organizations. This type of ‘legal practice’ had suffered losses in running the Spanish- in a broad sense differs from ‘state practice’, registered Barcelona Traction Light & Power understood as the ‘legally relevant repetition Company due to the intervention of the Span- of a given conduct by the subjects of the inter- ish authorities. Even though this was, to a great national system’,3 i.e., states. This practice is a extent, a case of Public International Law, Spain specific category of practice which has to com- defended its position mainly through the inter- ply with a number of elements, in particular its vention before the Court of lawyers specializing legal relevance and repetition, in order to be in commercial, civil, procedural, administra- considered ‘unequivocal’ in proving the exist- tive, and even constitutional law. Apparently, ence of an international legal rule. at that stage, neither the Government nor the Spanish company which directly benefited from the shutdown of Barcelona Traction, FECSA, 2 Spanish International had much faith in the professionalism of their Lawyers own international lawyers; thus, for the pres- entation of oral arguments they chose to hire Practising international law is also ‘in’ in Spain. foreign lawyers specializing in Public Interna- During the last 30 years Spanish lawyers have tional Law, with the exception of two (Antonio discovered the international side of law. Many de Luna and José María Trías de Bes). 4 2 See the book review published in LII AFDI (2006) 873. 4 For a full account of this case see Remiro 3 See Jiménez Piernas, ‘The International Practice Brotóns, ‘The International Legal Consultancy and the Evidence (A Brief Guide for Young Law- of Governments from the Outside’, in this book yers)’, in this book at 612. at 489, in particular 513–514. Book Reviews 1305 Since then, things have changed consid- was published. He was among the first Spanish erably. Spanish lawyers do not only advise the international lawyers to appear before the ICJ. Spanish Administration in its legal dealings He participated on behalf of Spain in the mid- before the ICJ, as, for example, in the two 1970s in the advisory proceedings before the recent cases before the Court in which Spain Court regarding the status of Western Saha- was involved, as the claimant in the case ra.8 against Canada5 and as respondent in the case Most recently, Spanish lawyers have also submitted by the Federal Republic of Yugosla- taken part in international arbitration pro- via.6 Today Spanish lawyers more and more ceedings between states, although the book frequently advise foreign governments, in does not cover this topic. As in many of particular those of Latin American countries.7 the contentious cases before the ICJ and in Thanks to this trend, most of the contributors arbitral proceedings for the delimitation of to this book have gained thorough experience international boundaries in Latin American in international legal practice involving gov- countries, their knowledge and understand- ernments. It should be pointed out that this ing of the historical, political, and cultural book includes one of the last writings of the background, as well as easier access to the highly regarded Spanish professor and lawyer archives located and managed in Spain, may Julio D. González Campos, who sadly died on have facilitated this presence.9 It should also 20 November 2007, shortly after this book be underlined that Spain has very experienced and qualified lawyers, Juan A. Carrillo Sal- cedo, Santiago Torres Bernárdez, José Manuel 5 See Fisheries Jurisdiction (Spain v. Canada), Ju- Lacleta Muñoz, and José A. Pastor Ridruejo, risdiction of the Court, Judgment, [1998] ICJ Rep on the list of arbitrators at the Permanent 432. In this case, Spain was legally represented Court of Arbitration, and they have become by a team composed of José Antonio Pastor attractive choices for other countries.10 Ridruejo, Aurelio Pérez Giralda, Pierre-Marie Dupuy, Keith Highet, Antonio Remiro Brotóns, The fact that there is already a substantive and Luis Ignacio Sánchez Rodríguez. group of lawyers specializing in Public Inter- 6 See the Application instituting Proceedings filed national Law does not mean that a ‘Spanish in the Registry of the ICJ on 29 April 1999, in Legality of Use of Force (Yugoslavia v. Spain), 1999, General List No. 112. 8 He wrote reports on this issue, and participated 7 For a complete account of Spanish lawyers of in the oral hearing before the Court in 1975; see Public International Law in cases before the ICJ, ICJ, Mémoires, Sahara occidental, vol. v, at 78. see Sánchez Rodríguez and López Martín, ‘The 9 This can clearly be seen in Application for Revision Travails of Poor Countries in Gaining Access to of the Judgment of 11 September 1992 in the Case the International Court of Justice’, in this book at concerning the Land, Island and Maritime Frontier 81, in particular 95–96. In the last two cases be- Dispute (El Salvador/Honduras: Nicaragua interven- tween Latin American countries where a judg- ing) (El Salvador v. Honduras), Judgment, [2003] ment has already been delivered, there appeared ICJ Rep 392. One of the core arguments in this as Counsel and Advocates the Spanish profes- case was the issue of interpretation of a historic sors Carlos Jiménez Piernas, Antonio Remiro diary and a chart of an expedition through the Brotóns, and Luis Ignacio Sánchez Rodríguez. disputed areas. Whereas the original material Santiago Torres Bernárdez appeared as judge ad was located in the Maritime Museum of Madrid, hoc. See Application for Revision of the Judgment a ‘new’ copy of this material was discovered in of 11 September 1992 in the Case concerning the the Ayer Collection of the Newberry Library in Land, Island and Maritime Frontier Dispute (El Chicago.

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