Previous Page  114 / 270 Next Page
Information
Show Menu
Previous Page 114 / 270 Next Page
Page Background

GAZETTE

JULY-AUGUST

19

BOOK REVIEWS

Common Market Law of Competition,

2nd edition, by C.

W. Bellemy and Graham D. Child (1978) Sweet and

Maxwell.

This is the second edition of a work first published in

1973. In its preface the authors state that between the

publication of the first and second editions, the volume of

Community Competition Law has approximately doubled

without any concommitant decrease in the number of

undecided questions. This is not an exaggeration. The

expansion has been well dealt with by the authors who

have kept the increase in the text to a minimum while

significantly increasing the authorities cited in the

footnotes.

The book contains a general introduction to E.E.C.

Competition Law and then deals in more detail with

certain topics. These are well divided in relation to

problems as they arise in practice. This book is, I think a

useful source for practitioners who, whilst familiar with

the general principles involved, need on occasion to

remind themeslves of the specific principles and decisions

on a particular problem in hand. It has the advantage for

Irish Lawyers of having been written by Common

Lawyers and is in a form of text book familiar to us. It is

concise, and well supported by references to Decisions of

the Commission and Judgements of the Court of Justice

which are well referenced. When the first edition was

published there was no English edition of the European

Court reports available and the Authors gave the Official

Journal references for all decisions. Now that an English

edition of the European

Courts.is

available the Authors

in this edition have retained the Official Journal references

but also give the references to the English edition of the

European Court Reports.

These were not available at the time of publication of the

first edition. The work contains in appendices the

principal European texts relating to Competition Law.

This is convenient.

The principal drawback to the book is that the law

contained therein is stated as at 20th September 1977. In

most areas of importance to practitioners included in the

book there have been important developments in terms of

Decisions of the Commission and Judgements of the

Court since that date. Thus the work can now only be

relied upon by practitioners as a starting point and must

be supplemented by the almost impossible task of trying

to find the latest Commission Decision or Judgment of

the Court on a particular point. In fairness to the Court

the last volume of the official reports for each year

includes an index by subject matter, but these reports are

almost one year in arrears.

Mary Finlay.

R. W. RADLEY

M.Sc.

, C.Chem., M.R.l.C.

HANDWRITING AND

DOCUMENT EXAMINER

220, Elgar Road, Reading, Berkshire, England.

Telephone (0734) 81977

A Manual of International Law by Georg Schwarzen-

berger & E. D. Brown. Sixth Edition. Professional

Books Limited, 1976. lix, 612 pp.

Ireland, as a member of the E.E.C. and an active

participant in the affairs of the United Nations and many

other international organisations, is becoming increas-

ingly involved in the system of law which governs the

relations between states and between international institu-

tions, states and individuals. Furthermore, international

law has developed considerably in recent years to

embrace individuals, and it is becoming increasingly

common for solicitors to be confronted with problems

involving the relationship between international and

national law. In recent years, this relationship has

attracted wide notice in areas such as fishing, human

rights and extradition, but there are others which have not

attracted such publicity.

International law is no longer the exclusive concern of

a few officials in Government Departments. It is actually

or potentially important for all lawyers.

For that reason, the sixth edition of the Manual on

International Law by Professors Schwarzenberger and

Brown should be particularly welcomed by Irish practi-

tioners. For many years, Georg Schwarzenberger has

been regarded as one of the world's leading experts in the

subject. His rigorous, inductive approach to international

law, together with his sometimes abrasive but always

stimulating methods of teaching, have inspired several

generations of students at the University of London and

elsewhere.

The latest edition of the Manual continues to display all

the stimulating qualities and the careful scholarship which

have always characterised his teaching and writing. These

virtues are supplemented by the contributions of Prof.

Brown, and the combined efforts of the authors and

Professional Books, the new publishers for this edition,

have resulted in an up-to-date, highly systematic and

comprehensive introduction to the subject.

The Manual has always aimed at providing a sound

theoretical foundation for the beginner, and, as the

Preface states, once the foundations are laid, the reader

should be enabled to deepen and widen his knowledge in

accordance with his own predilections.

This edition succeeds admirably in achieving these

aims. The material included ranges from the helpful

glossary of basic terms and maxims (Part Four) to

extensive tables of Cases, Treaties and Bibliographies.

The revised Study Outlines in Part Two, which occupy

over 200 pages of the work, continues to be one of the

most valuable and attractive features of the Manual.

The inductive approach, while it cannot exclude all

traces of subjectivity, may justly claim to diminish it

considerably. The Manual presents the fundamental

principles and rules of international law as they have been

established and applied in State practice, national courts

and international tribunals. It distinguishes between the

exclusive law

creating

processes (Treaties, International

Customary Law and the General Principles of Law) and

the law

determining

agencies (National and International

Courts, Diplomatic Practice and Doctrinal Writing). The

reader of this work will be left in no doubt about what the

rules of international law

are,

unlike the reader of some

other textbooks, where the dividing line between the law

108