From:
The Law and Politics Book Review
Vol. 14 No. 13 (March 2004)
BOOK NOTICES:
As a service to subscribers, the REVIEW provides this brief
summary of the contents of recent reference works, anthologies of previously
published materials, textbooks and collected readings designed for students,
casebooks designed for undergraduate and law school use, later editions
of books previously reviewed in this journal, and other specialized publications.
Unless noted, the comments are taken from the book’s jacket cover or the
publisher’s webpage.
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THE AEGEAN MARITIME DISPUTES AND INTERNATIONAL LAW, by Yucel Acer. London: Ashgate Publishing, 2003. 304 pp. $99.95 £57.00. Hardcover.
ISBN: 0-7546-2273-8.
This work analyses the disputes between Greece and Turkey as to their respective rights in the Aegean Sea, paying particular attention to the claims regarding territorial waters, the continental shelf, and the yet to be declared exclusive maritime zones in the area. While many earlier studies have concentrated on political factors, this study provides an exhaustive analysis of the relevant principles of international law in general and rules and principles of maritime law in particular, identifying the legal principles appropriate to the settlement of the Aegean dispute. With this regard, it makes a detailed examination of all the related aspects of the Aegean Sea and its islands, as well as the legal arguments of Greece and Turkey on the disputes concerned. It also clarifies the prospects for settling the dispute on the basis of international law, either by the two parties involved, or by the intervention of a third party such as the International Court of Justice. As such, it offers an important study of a particular problem, but one that can be used as a case study for other international disagreements.
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PROFITS PENDING: HOW LIFE PATENTS REPRESENT THE BIGGEST SWINDLE OF THE
21ST CENTURY, by Matthew Albright.
Monroe, ME: Common Courage Press, 2004. 390 pp. $17.95 Paper. ISBN:
1-56751-230-5.
Somebody owns your genes. Through the U.S. patent system,
corporations and universities have claimed property rights not just on the
rice and corn at your dinner table but also on you. PROFITS PENDING examines the effects of these patents on life,
from the blatant theft of cultural resources to slowing down research into
deadly diseases. Once used to reward the inventiveness of American scientists
and entrepreneurs, the patent system is now being abused to control scientific
exploration into human biology and to create monopolies over the world's
food sources. Instead of promoting scientific discoveries, patents on life
now destroy crucial elements of the scientific method such as the free exchange
of ideas between researchers.
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REFUGE OF A SCOUNDREL: THE PATRIOT ACT IN LIBRARIES, by Herbert N. Foerstel. Westport, CT: Libraries Unlimited, 2004. 232pp.
$35.00. Cloth. ISBN:
1-59158-139-7.
The USA Patriot Act may be the most complex and controversial
federal statute in American history, argued to undercut American civil liberties
in countless ways, including a dramatic extension of domestic surveillance.
Providing a broad picture of how the new surveillance powers affect all
Americans-citizens and non-citizens alike-the lessons of this book will
be relevant to any businesses that maintain personnel records and electronic
data that were considered confidential before the Patriot Act, as well as
a broad range of individuals, including librarians, bookstore owners, students,
scholars, journalists, businessmen, and anyone concerned with American civil
liberties.
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EC COMPETITION LAW (4th ed.), D.G.
Goyder. Washington, DC: Oxford University Press, 2003. 664 pp.
Hardcover. $110. ISBN:
0-19-926145-8.
Firmly established as one of the leading texts in the area, this book has been comprehensively updated and revised for this new fourth edition. Its clear, succint, and yet highly authoritative coverage will ensure its continued popularity amongst practicioners, academics and students alike.
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HUMAN RIGHTS, CONSTITUTIONAL LAW AND THE DEVELOPMENT OF THE ENGLISH LEGAL
SYSTEM, by Lord Irvine of Lairg.
Oxford: Hart Publishing, 2003. 3911 pp. $45.95 £25.00 Hardcover. ISBN: 1-84113-411-2.
This is a selection of Lord Irvine's major lectures and
articles since 1995. It surveys the constitutional revolution that has taken
place in Britain since the Labour Government came to power in 1997, taking
in devolution and House of Lords reform, but with a particular focus on
human rights. The evolution of a new human rights culture is traced, from
the policy underlying the Human Rights Act 1998, through the scheme of the
legislation and the preparations for implementation, to an analysis of the
impact of the Act during its first two years. The work is of particular
interest because Lord Irvine chaired the four main Cabinet Committees on
constitutional change and introduced the Human Rights Bill to Parliament.
Lord Irvine also considers the development and practice of public and administrative
law, and the constitutional role of the British judiciary and the Lord Chancellor
within our unique separation of powers. Alongside forays into criminal,
commercial, and medical law, the collection also embraces an international
perspective, with essays on the influence in Britain of european law; comparative
analyses of key aspects of English, American and French jurisprudence; and
a discussion of the continuing relevance of Magna Carta in Britain and Australia.
This collection is a timely contribution to the debate on human rights,
constitutional law and the English legal system at the turn of the new millennium,
and will be of interest to judges, academics, practitioners and students.
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DELINQUENCY IN AN INTERNATIONAL PERSPECTIVE: THE INTERNATIONAL SELF-REPORTED
DELINQUENCY STUDY (ISRD), by Josine Junger-Tas, Ineke Haen Marshall, and
Denis Ribeaud. The Hague: Kugler Publications, 2003. 185pp. Paper. € 27.00 / US $ 30.00. ISBN: 90-6299-196-3.
This book has taken a long time to be realized. It is based
on self-report delinquency data from 11 countries, of which ten are European
and one is an American state. The idea of undertaking a comparative self-report
delinquency study was born during an international NATO Advanced Research
workshop that took place in the Netherlands in 1988. It was organized by
Malcolm W. Klein and the Dutch Ministry of Justice's Research and Documentation
Center (Klein, 1989). Its objective was to discuss problems in measuring
self-reported crime and delinquency and examining the possibility of conducting
comparative research. Some of those attending the Workshop felt it was too
early for undertaking such a study, in view of the many unresolved problems
related to complex international comparative surveys. Others, however, considered
that conducting a trial survey would help in pointing to better solutions
to these problems and facilitating future research. In addition, the growing
need in the European Union for comparative data on youth problems and policies,
as well as on youth criminal behavior, stimulated us to take a step forward
on this route. As a result, the Dutch Research and Documentation Center
took the initiative to invite researchers of some 13 countries that had
expressed interest in conducting a self-report delinquency study in a comparative
framework. Moreover, the Center funded the Dutch study in addition to coordinating
and monitoring the execution of the international survey.
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WHAT MATTERS IN PROBATION, by George Mair (ed). Cullompton: Willan
Publishing, 2004. 272pp. Paper. £20.00 / US $34.95. ISBN: 1-84392-052-2.
The What Works initiative is having a profound impact on
the work of the National Probation Service, and much has been invested in
new accredited programmes both in terms of the numbers of offenders
planned to complete these programmes and their anticipated impact upon offending.
Yet there has been little scholarly or professional discussion of the nature
and risks of the new paradigm: it is important that it is subjected to critical
debate and scrutiny. This book
aims to provide a critical overview of What works, providing a wider set
of perspectives on a project which is vital for the future of the National
Probation Service.
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FACING VIOLENCE: THE PATH OF RESTORATIVE JUSTICE, by Mark S. Umbreit, Betty
Vos, Robert B. Coates, and Katherine A. Brown. Monsey, NY: Criminal
Justice Press, 2003. 395pp. Paper. $35.00. ISBN: 1-881798-45-3.
FACING VIOLENCE: THE PATH OF RESTORATIVE JUSTICE presents
research findings on the use of victim-offender mediation in crimes of severe
violence, including murder, rape and child abuse. It recounts the experiences
of victims, offenders and staff members in pioneering Texas and Ohio programs.
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SOVEREIGNTY IN TRANSITION, by Neil Walker (ed). Oxford: Hart Publishing,
2003. 420pp. Hardcover. £50.00 ISBN: 1-84113-337-X.
Sovereignty in Transition brings together a group of leading scholars from law and cognate disciplines to assess contemporary developments in the framework of ideas and the variety of institutional forms associated with the concept of sovereignty. Sovereignty has been described as the main organising concept of the international society of states - one which is traditionally central to the discipline and practice of both constitutional law and of international law. The volume asks to what extent, and with what implications, this centrality is challenged by contemporary developments that shift authority away from the state to new sub-state, supra-state and non-state forms. A particular focus of attention is the European Union, and the relationship between the sovereignty traditions of various member states on the one hand and the new claims to authority made on behalf of the European Union itself on the other are examined. The collection also includes contributions from international law, legal philosophy, legal history, political theory, political science, international relations and theology that seek to examine the state of the sovereignty debate in these disciplines in ways that throw light on the focal constitutional debate in the European Union.