Book Notices
| Date | 01 May 1970 |
| Published date | 01 May 1970 |
| DOI | http://doi.org/10.1111/j.1468-2230.1970.tb01278.x |
MAY
1970
REVIEWS
847
is
not enforced. This is far removed from “legislation”
in
the municipal law
sense; not to point out
this
difference nor
to
justify the use of the expression
here
is
a
serious defect.
This observation leads
to
a
further criticism. Grouped with “technical
legislation” under the title “Law-Making in the ICAO” are, as we have
seen, the topics of membership, amendments
to
the Convention and the
settle
ment of disputes; but no attempt
is
made to explain their inclusion under
that bead. Amendments to the Convention
only
bind states which ratify
them (though others may
in
practice refrain from challenging those
amendments which relate solely to the internal organisation of the agency);
if this
is
law-making, it
is
at
best
a
kind of “law-making by
conae~.~t.”
A
decision in
a
dispute as to the interpretation of the Convention, on the other
hand, is perhaps
a
kind
of
“(quasi-) judicial legislation,” inasmuch
as
it
binds the parties
to
that
dispute
and may constitute
a
precedent for the
future. As for decisions on membership, these could conceivably be character-
ised as “law-making”
in
two
sensee: they constitute semi-authoritative
interpretations of the relevant constitutional provisions, and members
are
obliged to recognise their validity
80
far
as
the
internal law
of
the Organization
is
concerned. But these are
all
very Merent and very special
types
of ulaw-
making,” and
to
lump such disparate processes together under the same rubric
without any attempt
to
analyse
their
nature or to relate them to each
other
is
quite
unsatisfedory.
Accordingly, while welcoming his informatlve
expod-
tion
of
specific topics, one can
only
regret
that Professor Buergenthal has not
fultilled the promise implicit in the book’s title by tackling the larger problem.
MAWBICE
MENDELSON.
SCANDINAVIAN
Smmrrs
IN
LAW
1969.
Edited by
FOLKE
SCHMI~.
Vol.
13.
[Stockholm
:
Alonquist and Wirksell. Published under the auspicea of
the
Faculty
of
Law,
Stockholm
University.
248
pp.]
The articles
in
this
annual collection include “Reliance on Authoritlea
or
open
Debate?
zko
Models
of
Legal
Argumentation”; “Public Regulation
of
Private
Red
Property”;
“Grotius’s
Doctrine of Contract”; “The
Sydem
of
Legal
Systems. Notes on
e
Problem of Classification
in
Comparative Law”;
and
‘‘
Civil
Law,
Common
Law and the Scandinavians.”
MODERN
TRADE
UNION
LAW.
By CYRIL
GB~~LD.
[London
:
Sweet
&
Maxwell.
1970.
$1
16s.
Od.]
This
is
a
reprint in paperback of
the
original
1966
hardback edition
reviewed in
(1967)
80
M.L.R.
466.
C~PYBIOHT
LAW
SYMPOSIURC
No.
17.
Nathan Burkan Memorial Competition
Sponsored by the American
Society
of Composer4 Authors and
Pub-
lishers.
[New
York and London: Columbia University
Press.
1969.
199
pp.
inc index. Ws.]
The five prize essays
in
this nnnual American student competition are:
#‘A
copyright Labyrinth: Information Storage and Retrieval Systems”;
“The
Educator and the Copyright Law
”;
“
Royalties without Copyright
:
Proposals for
a
Payments Agreement between the U.S. and the Soviet
Union”; “Community Antenna Television and Copyright Legislation
”;
and
(‘
Reflections on the Problem of Parody-Infringement.”
To continue reading
Request your trial