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.

 

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