Book Reviews 1303

Carlos Jimenez Piernas (ed.) The Legal Practice in International Law and European Community Law – A Spanish Perspective. : 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 inter- national 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 pri- vate 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 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 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. This gave rise to a request for revision of Salvador/Honduras: Nicaragua intervening) (El the original judgment of the Court, thus requir- Salvador v. Honduras), Judgment, [2003] ICJ Rep ing a thorough interpretation of the two copies. 392; and the Case concerning territorial and mari- 10 See the list of members of the Permanent Court time dispute between Nicaragua and Honduras in the of Arbitration updated as 17 Jan. 2008, avail- Caribbean Sea (Nicaragua v. Honduras), Judgment able at: www.pca-cpa.org/upload/files/MC% of 8 October 2007, available at: www.icj-cij.org. 2020080117.pdf. 1306 EJIL 20 (2009), 1263–1331 international law circle’ has been established, shift from the traditional legal setting of ‘dip- as in other countries such as or the lomatic protection’ – as in the Barcelona Trac- United Kingdom.11 Their lawyers have rather tion case – to much more sophisticated legal excelled thanks to their individual commit- remedies for persons who have directly and ment and occasional participation in differ- individually suffered a violation of a right ent types of international cases. Indeed, it is protected under public international law. not even common in Spain for public inter- This book tries to present the most impor­­ national lawyers to integrate or otherwise tant of these mechanisms. Those which enter into partnerships with (international) have been selected are doubly relevant to law firms. Usually they undertake individual the book: they offer a ‘Spanish’ perspective research and teach at public universities in because Spanish cases have been brought Spain. before these mechanisms. We will comment It can be noted with satisfaction that this now on the most relevant aspects of this con- book clearly refrains from a recalcitrant temporary practice. ‘nationalism’ – which would contradict the international spirit of this publication – A Practice before International by incorporating non-Spanish authors , like Tribunals Alfred de Zayas, and even non-Hispanic authors, like Philippe Couvreur (ICJ), Under the heading of legal practice before Stanley Neismith12 (ECHR), and Björn Arp international tribunals, there are contribu- (even though he works in Spain). In any tions on the International Court of Justice case, the apparent inconsistency reflected (ICJ), the European Court of Human Rights in the title is fully compensated by the qual- (ECHR), the International Criminal Court ity of the contributions on the more general (ICC), and arbitration at the International topic covered by this book: legal practice. Centre for the Settlement of Investment Dis- putes (ICSID). There is also a chapter on the Human Rights Committee (HRC) in the part on practice in International Organizations. 3 Spanish International One may ask whether it would have been Legal Practice wiser to incorporate this chapter in the part on international tribunals. In recent years, Since the 1990s, new international jurisdic- the HRC has come very close to being an tions have been added to the ‘classic’ inter- international tribunal, except of course for national courts, the International Court of the legal effects of its ‘Views’. It should be Justice and the Permanent Court of Arbi- pointed out that there are even some exam- tration, which fall into the realm of public ples of state practice which seem to recognize international law, and which call for quali- non-compliance with the Committee’s Views fied legal advice for the parties involved in as contrary to good faith.13 the proceedings. Many of these courts offer some sort of legal standing to private parties, even though the defendant is a state author- 13 ity. This rather new phenomenon explains a This might be implied by the following statement of Austria: ‘Austria regarded the Committee’s views on communications from individuals … as non-binding opinions, and did not think its 11 See on these ‘circles’ Sánchez Rodríguez and obligations under the Covenant extended to López Martín, ‘The Travails of Poor Countries acting in accordance with those views. It did, in Gaining Access to the International Court of however, believe that such views should be Justice’, in this book at 81. taken duly into account’, see.UN Doc CCPR/&C/ 12 It ought to be said that he merely helped in the SR.1719 (4 Apr. 1998), at para. 22. See further English translation of the Spanish original draft- on this B. Arp, Las minorías nacionales y su protec- ed by Santiago Quesada. ción en Europa (2008), at 232. Book Reviews 1307

Practice before international tribunals can content of this contribution, it appears in be very tedious and technical, but for a law- Part Four of the book, on the national legal yer it is essential to master every detail of an practice in international law. international procedure. The ability to prop- It is a shame that the present book does erly request provisional measures, to produce not include any contribution on dispute set- and present evidence, to manage incidental tlement in the WTO. Spain has not directly and other special proceedings, and to appeal participated as a party in any of these proceed- the decisions of tribunals are the tools which ings because of the EU’s competence in this may allow a lawyer to ‘win’ a case, even if field, but they certainly affect Spain as an EU the substantive claim does not succeed. Some Member State. Furthermore, Spanish lawyers of the legal remedies presented here are very regularly take part in these proceedings. recent in their generalized application. The While three contributions in the part on ICSID arbitration procedure deserves par- International Tribunals, strictly speaking, ticular attention. In the book under review, concern procedural issues, the others com- a former high-ranking World Bank official of bine procedural with substantive consid- Spanish origin, Andrés Rigo Sureda, explains erations. Clearly, all these chapters focus on the Wena Hotels Limited v. Egypt case.14 This what each contributor considers the most case is very instructive, since it involves relevant or the most exemplary aspect of almost every procedural remedy available to each mechanism. Only the contribution by an investor whose rights have been violated Santiago Quesada Polo and Stanley Naismith by the country in which he invested, as well comprises a complete account of the cases as to the host state. The author unveils some brought against Spain since its recognition very useful tips for any lawyer wishing to set of the right of individual petition to the ECHR up a successful procedural strategy. In any on 1 July 1981.17 As the authors themselves case, it should be pointed out that there exists admit, the Spanish practice before this court a ‘Spanish’ practice. Spain was respondent in is still relatively insignificant.18 The figures an international investment arbitration in presented here are proof of the ‘interna- E. A. Mafezzini v. Spain,15 and on several occa- tional shyness’ of many Spanish lawyers, sions Spanish companies have been parties to and clearly justify the need for a book like the proceedings against foreign countries, most present one, which is intended to motivate recently in a number of cases against Argen- lawyers to get more involved in international tina. Between September 2006 and 15 April litigation. 2008, ICSID was even headed by the former Spanish Foreign Minister, Ana Palacio, until B Practice before International she had to resign in the wake of Paul Wolfow- Organizations itz’s anticipated resignation from the World Bank Presidency. Whilst Spanish arbitral Over the years, several types of legal action practice does not yet merit a comprehen- before International Organizations have sive study, the editor of this volume included developed; these are directly accessible to a study of Spanish practice with respect to lawyers. In particular in the field of human bilateral investment treaties, most of which rights, the United Nations Human Rights include a reference to arbitration (includ- Commission, and more recently the Human ing ICSID arbitration) for the settlement of Rights Council, offer various complaint pro- disputes.16 But due to the more substantive cedures against member states for violations

14 ICSID Case No ARB/98/4. 17 See Quesada Polo and Naismith, ‘Survey of Ap- 15 ICSID Case No ARB/97/7. plications against Spain Lodged with the ECHR’, 16 See García Rodríguez, ‘Spanish Practice on In- in this book at 103. vestment Treaties’, in this book at 567. 18 Ibid., at 109. 1308 EJIL 20 (2009), 1263–1331 of human rights. However, the practice is and 2000 that the view that the Court fulfils much broader than that described in the essentially constitutional functions has been book under review. In the United Nations consolidated.21 and its specialized agencies there is ample room for international lawyers to intervene C National Legal Practice in and practise, for example, through the indi- International Law vidual complaint procedures before ILO and UNESCO.19 Part Four also contains a stimulating selection The four contributions (Part Three of the of contributions. Apart from the voluminous book) on legal practice in the EU are par- literature on the technique and strategies ticularly interesting. In the first two contri- of negotiation, not much has been written butions the reader gains a very ‘practical’ about the métier of the national legal adviser insight into the complex world of the proce- in international law. It is noteworthy that in dures before the European Court of Justice 1991 the European Journal of International Law (ECJ). These might be rated as too technical, published a symposium on the work of legal yet an understanding of the ECJ procedures advisers, with contributions on role of legal is essential in order to follow the argument advisers in the United States, France, Swit- advanced in the third contribution. In this zerland, and Great Britain.22 Since then, the chapter, a former judge at the ECJ and the Journal has not again addressed this impor- Spanish Constitutional Court, Professor tant topic in a dedicated manner. Apart from Manuel Díez de Velasco Vallejo, makes a that EJIL issue and some minor works,23 only challenging comparison between the two a collection of essays published by the United tribunals and points out why they both ful- fil genuinely constitutional functions.20 This is certainly an innovative perspective since 21 Ibid., at 399. Nevertheless, it should be said that not many authors have analysed the ECJ there have been handbooks which declared from a constitutional and procedural stance. that constitutional character, in conjunction Indeed, the two Courts have essentially the and ranking equally with the administrative same characteristics. Both have supremacy character. See for instance G. Isaac, Droit com- in the interpretation of EC and national munautaire général (1999); we cite the Spanish law, respectively. Furthermore, both have a translation by Germán-Luis Ramos Ruano, G. genuinely ‘constitutional’ character. Some Isaac, Manual de derecho comunitario general, 2nd politicians, and eventually also lawyers, edn., 1992, at 316–317. The German hand- book by Bleckmann also seems to characterize have argued in favour of the administrative the ECJ as a court of constitutional character, nature of the ECJ. It is only since the Amster- even though with relevant technical differ- dam and Nice European Councils in 1997 ences which prevent constitutional procedural principles being used to fill eventual gaps in the ECJ procedure. See A. Bleckmann, Europarecht (1997), at 348–349. 19 In the field of human rights the procedural pos- 22 See the following articles: Schwebel, ‘Remarks sibilities are broad, and it is understandable on the Role of the Legal Advisor of the US State that in a book like the present one not every Department’ 2 EJIL (1991) 132; Guillaume, mechanism can be addressed. More specialized ‘Droit international et action diplomatique. Le literature would be necessary, such as the book cas de la France’, 2 EJIL (1991) 136; Krafft, by G. Alfredsson et al. (eds), International Human ‘L’attitude de la Suisse à l’égard du droit interna- Rights Monitoring Mechanisms, Essays in Honor of tional’, 2 EJIL (1991) 148; and Watts, ‘Interna- Jakob Th. Müller (2001). tional Law and International Relations: United 20 Díez de Velasco Vallejo, ‘The Court of Justice of Kingdom Practice’, 2 EJIL (1991) 157. the European Communities and the Spanish 23 Hans Corell keeps up a website with the few pub- Constitutional Court – a Comparison’, in this lications and articles about this topic. See www book at 397. .un.org/law/counsel/litlist.htm. Book Reviews 1309

Nations in 1999 is worth mentioning.24 The factor doctrine’,25 and the Constitutional present contributions cover – now really! – a Court, which undertook a literal interpreta- genuinely Spanish perspective on the advisory tion of Article 23.4 and thus applied a broad work of governments from the inside (as in- concept of this principle.26 Spain has made a house Legal Adviser of the Ministry of Foreign unique contribution to international legal Affairs) and from the outside (as external con- practice in this area, and it is unfortunate that sultant for the same Ministry). Some accounts it has not been addressed in this book. 27 are very personal and relate to the way in The development of national policy plans which Spain prepares its legal position with on internationally relevant topics, such as respect to a number of topics, for instance in national human rights plans, certainly con- the negotiation of a treaty, the formulation of tributes to more effective legal work by prac- the declaration of acceptance of the ICJ’s juris- titioners in the international field, particularly diction, or the submission of an oral pleading diplomatic representatives. These plans outline before that court. It is certainly a positive sign action to be followed by state representatives. that lawyers in Spain can now recount their In Spain there has been considerable debate experiences in this field, which for so long about the national human rights plan, and at was subject to secrecy and lack of transparent present this plan seems close to being adopted decision-making procedures. This more open as a political guideline.28 The same applies approach to international legal and political practice is also reflected in other contexts. While reading this part of the book, ‘Span- ish practice’ in the field of universal jurisdic- 25 tion immediately comes to mind. Several cases See the decision of the Spanish Supreme Court of 25 Feb. 2003, [2003] Aranzadi Repertorio de have been brought before Spanish domes- Jurisprudencia 2147. tic courts relating to human rights abuses 26 See the decision of the Spanish Constitutional committed abroad. The legal basis for this Court of 26 Sept. 2005, in the cases for con- practice is Article 23.4 of the 1985 Organic stitutional protection (recurso de amparo) Nos Law of Judicial Power, which provides for 1744/2003, 1755/2003 and 1773/2003, universal jurisdiction in genocide, terror- available at: www.tribunalconstitucional.es. ism, and offences which Spain has a duty to 27 The contribution by Pastor Ridruejo and Pastor prosecute as a treaty obligation. The most Palomar, ‘Public International Law before Span- famous case in which this Article was invoked ish Domestic Courts’, in this book at 521, deals may be the Pinochet case, although this issue only in general with how international norms are incorporated into the Spanish legal order. has really become the object of legal practice On the topic of universal jurisdiction see Ferrer since the case of Rigoberta Menchú and others Lloret, ‘Impunity in Cases of Serious Human v. Rios Montt and others (the ‘Maya Genocide Rights Violations: Argentina and Chile’, III Span- Case’). This case shows the tension which had ish Yearbook of International Law (1993–1994) arisen between criminal courts, in particular 3, in particular at 20–29; id., ‘El Principio de the Central Court for Criminal Prosecution Jurisdicción Universal: su aplicación en España’, (Audiencia Nacional), which pushed for a more V Cursos de Derechos Humanos de Donostia-San restrictive interpretation of the universal Sebastián (2004) 108; and id., ‘Alcance y límites jurisdiction principle based on the ‘connecting del principio de jurisdicción universal en la ju- risprudencia española más reciente’, in Huesa Vinaixa (ed.), Derechos humanos, responsabilidad internacional y seguridad colectiva: intersección de sistemas (2007), at 193. 24 See United Nations, Office of Legal Affairs, 28 See the lecture by the Spanish Prime Minister, Collection of Essays by Legal Advisers of State, J. L. Rodríguez-Zapatero, ‘In Spain’s Interest: A Legal Advisers of International Organizations and Committed Foreign Policy’, held in Madrid at the Practitioners in the Field of International Law Real Instituto Elcano on 2 July 2008, available (1999). at: www.realinstitutoelcano.org. 1310 EJIL 20 (2009), 1263–1331 to Spain’s 2005 Law of National Defence,29 a topic on which he has been writing since which requires Parliament’s authorization for 1993.32 This study is very closely based on the any military mission to be sent abroad. These pattern of reasoning of the ICJ, although the examples are simply intended to show that in same or very similar comments could have Spain there is increasing concern about trans- been made regarding the practice of many parent and regulated action in international other international tribunals which must relations, which facilitates international law- apply public international law. In insisting so yers’ work, be it in public or private law. vehemently upon the need for international lawyers to address real international practice, and to analyse it in the light of the consent D From ‘Practice’ to ‘Evidence’ of International Law of the state, he obviously follows a markedly consensual approach to international law. Finally, Part Five of the volume offers two As he sees it, ‘[l]egal work in international chapters which aim to analyse some of the law is inconceivable in isolation from routine international lawyer’s tools. As has already day-to-day analysis of international practice, been recognized by the Société Française pour which is essential for a well-founded, non- le Droit International in similar terms,30 evi- deductive defense of the parties’ positions in dence of state practice – and with it access to a dispute or lawsuit’. He not only justifies practice and the appraisal of that practice – is the work of international courts, but also among the greatest challenges and difficulties the need for this book, because ‘to do other­ in this legal field due to its heterogeneity, mul- wise would be to indulge in slipshod legal tiformity, and multifunctionality. ‘Practice’, metaphysics, certainly unsupported by the here, refers to legally relevant acts of states (or jurisprudence of international courts and international organizations), which express tribunals and fatal for the interest of any a conduct and an opinio iuris and which bind client’.33 Here we see that this chapter is rel- those states, or prevent them from being bound evant to all international lawyers, and not by norms developed without their agreement. just ‘young’ ones, as he modestly states in It is possible that the ‘practice’ of certain inter- the title of this chapter. national lawyers, while representing their The second chapter in this Part, and the states, constitutes legally relevant state prac- book’s final chapter, deals with access to tice, but certainly not all state practice is the sources of international practice through the result of the practice of international lawyers. internet. It would indeed have been difficult to The editor of the book, Professor Carlos offer a purely Spanish perspective on this topic; Jiménez Piernas, addresses this topic.31 In so the author, Björn Arp, rather writes about doing so, he draws on his experience in cases access to sources of international law in gen- before the ICJ. His background in academia eral. The author observes that Spanish sources as well as in practice enables him to present on the internet remain scarce and incomplete, a well-documented and correctly argued contribution on how to gain knowledge about the norms of public international law, 32 See Jiménez Piernas, ‘Reflexiones sobre el- mé todo del Derecho Internacional Público’, in M. Perez Gonzalez et al. (eds), Hacia un nuevo orden internacional y europeo. Estudios en homenaje al 29 Organic Law 5/2005, of 17 Nov. 2005, on Na- Profesor Don Manuel Díez de Velasco (1993), at tional Defence. 377. This first approach was further developed 30 See Société Française pour le Droit International, in his small monograph, El método del Derecho Colloque de Genève: La pratique et le droit interna- Internacional Público: una aproximación sistémica tional (2004). y transdisciplinar (1995). 31 See Jiménez Piernas, ‘The International Practice 33 See Jiménez Piernas, ‘The International Practice and the Evidence (A Brief Guide for Young Law- and the Evidence (A Brief Guide for Young Law- yers)’, in this book at 601. yers)’, this book, at 622. Book Reviews 1311 though he is optimistic that this will change in Santiago Torres Bernárdez, Presentation the near future.34 Several projects are under- from the Standpoint of Spanish Law, on way to digitize archives, and their outcomes the Legal Process Available to Parties in will hopefully soon be appreciable. Further- the Contentious Procedure of the Interna- more, this study clearly shows the importance tional Court of Justice; of technological development to states. Whilst Luis Ignacio Sánchez Rodríguez and Ana the internet is an excellent resource for the Gemma López Martín, The Travails of Poor study of the legal practice of virtually all states, Countries in Gaining Access to the Inter- the reality is that serious inequalities exist in national Court of Justice; terms of access to computer and data manage- Santiago Quesada Polo and Stanley Naismith, ment technologies throughout the world. To Survey of Applications against Spain Lodged offer a definite answer to the question of the with the European Court of Human Rights; relationship between these two trends may Héctor Olasolo, International Criminal not be possible, and distinctions need to be Court and International Tribunals: Sub- made between different regions of the world. stantive and Procedural Aspects; Yet it is undeniable that computer technology Andrés Rigo Sureda, Introduction to and the internet offer vast possibilities for all Investor-State Arbitration. A Case study: international lawyers in their work. Wena Hotels Limited (Wena) v. Arab Republic of Egypt; Gregorio Garzón Clariana, The Work of the 4 Conclusions Legal Adviser of International Organi- sations, with Special Reference to the This book, as I am sure its editor would himself European Union; say, is ‘manifestly improvable’. Yet it is a first Alfred M. de Zayas, The Procedures and step in the right direction. Indeed, it is a first Case-Law of the United Nations Human step towards a very difficult field of legal prac- Rights Committee under the Optional tice. International law has opened up only Protocol to the International Covenant on very recently to direct litigation by private par- Civil and Political Rights; ties against states or international organiza- Carlos Villán Durán, The UN Commission tions. Furthermore, only very recently has the on Human Rights’ Machinery for the complexity of contemporary international law Protection of Human Rights; meant that Foreign Ministries and Chanceller- Gil Carlos Rodríguez Iglesias and Fernando ies have opened their doors in search of quali- Castillo de la Torre, The Procedure before fied legal advice. This development has taken the Court of Justice of the European place in Spain and in many other European Communities; countries. The experiences, tips, and explana- Alejandro del Valle Gálvez and Miguel A. tions offered in this volume provide a welcome Acosta Sánchez, References for Preliminary and timely contribution to the literature. Rulings and their Procedure before the Court of Justice of the European Individual Contributions Communities; Manuel Díez de Velasco Vallejo, The Court Carlos Jiménez Piernas, Introduction; of Justice of the European Communities Philippe Couvreur, The Registrar of the and the Spanish Constitutional Court – a International Court of Justice: Status and Comparison; Functions; Francisco Fonseca Morillo, The Decision-Making Process in the European Union; 34 See Arp, ‘Navigare Necesse Est: Internet for Aurelio Pérez Giralda, Advising Govern- European and International Lawyers’, in this ments from the Inside: the Legal Adviser of book at 623. the Ministry of Foreign Affairs; 1312 EJIL 20 (2009), 1263–1331

Antonio Remiro Brotóns, International Legal Consultancy of Governments from the Outside; José Antonio Pastor Ridruejo and Antonio Pastor Palomar, Public International Law before Spanish Domestic Courts; Julio González Campos, Spanish Constitu- tional Court Practice on Private Interna- tional Law; Isabel García Rodríguez, Spanish Practice on Investment Treaties; Carlos Jiménez Piernas Carlos Jiménez Piernas, The International Practice and the Evidence (A Brief Guide for Young Lawyers); Björn Arp, Navigare Necesse Est: Internet for European and International Lawyers. Jaume Ferrer Lloret Professor of Public International Law and Inter- national Relations at the University of Alicante. Jean Monnet Chair of the . Director of the European Documentation Centre in Alicante. Email: [email protected] doi: 10.1093/ejil/chp044