Book Notices
| DOI | http://doi.org/10.1111/j.1468-2230.1973.tb01396.x |
| Date | 01 November 1973 |
| Published date | 01 November 1973 |
686
THE MODERN LAW REVIEW
VOL.
86
usual for the United Kingdom to exercise diplomatic protection on their behalf
when
it
is
alleged that they have suffered injury
as
a result of action taken in
contravention
of
international law by
a
foreign
state”
(p.
37).
Mass expulsion, however, of the kind that has recently occurred in Africa-
see
the
discussion
of
the Kenyan Asians (pp.
88
et.
*Q~Q.)
and
the
current
Ugandan situation--does not mean very much from this point of view, nnd the
expellees frequently find themselves as homeless refugees, and
Dr.
I‘lender’s nc-
count of the position of refugees (pp.
216-266)
serves as
a
useful background to
the far more spedalised analysis provided by
Dr.
Gmhl-Madsen in his
Statw
of
ILefugees
in
International
Law,
the second volume of which, dealing with
asylum, entry and sojourn, has only recently been publislied. Much of the
volume is devoted to the “right
of
asylum,” and the author points out that
while it is still the case that no duty exists to grant asylum, “scholars in
many co~ntrics are seriously exploring the question with
a
view to finding
a
suitable form for
a
binding international instrurncnt guaranteeing the
individual
a
right to be granted asylum, should he be in need of it” (p.
22).
Among the problems considered by
Dr.
Grahl-Madsen
are
the rights
of
refugees when admitted. While
a
state may not tolerate intervention against
a
neighhour,
he
points out that there is no
rule
of international Inw
or
of
comity which calls
for
the receiving state to restrict,
for
example, their free-
dom
of
movement
or
political activities
(pp.
146
et
ssq.).
He reminds
us
that
there is no obligation to admit
a
refugee
or
other alien
(p.
196),
but empliasises
that international agreements niay impose such an obligation
as
is the case
with workers among Common Market countnies
(p.
288),
while
it now
appears
to be generally recognised that those refused entry should not be returned to
countries where they are likely to suffer
persecIrtion-iioa-refoulenlent
(pp.
93-
98,
317).
l’he books noted here
are
closely interconnected and
all,
in
their various
ways, should appeal to those interested in human rights and questions
concerning population and law.
I,.
c.
Gmm.
Book
Notices
THE
LAW
OF
SUCCESSION
IN
THE
LATER
ROMAN
REPUBLIC.
By
ALAN
WATSON.
[Oxford
:
Clarendon Press.
1971. 209
pp.
(inc. index).
€8.50
net].
‘~IIIS
book
completes the series of volumes on the substantive law of the last
200
years of the Itoniaii Republic, and follows on the author’s
l’he
Law
of
Obligations
(1966),
The
Law
of
Persons
(1967)
and
The
Law
of
Property
(19G8).
l’he aim has been
to
examine all the texts which directly throw light
on
the law of the period, but
to
exclude from the argument texts which do
nothing
more
than illustrate the law of an earlier
or
later time.
The
volume
should be of interest
to
the social historian as well
as
to the lawyer.
TUE
LAW
OF
ATHENS.
PROCEDURE.
By
A.
R.
W.
HARRISON.
[Oxford: Clarendon Press.
1971. 270
pp.
(inc. index).
€8.75
net.]
THE
first volume
of
The
Law
of
Athens,
pub1,ished in
1968,
dealt with the law
of the fnm,ily and of property. At the time of his death in
1969
the author
had drafted most of his account of the law of procedure; this has been edited
by Mr.
1).
M.
hlacnowell and is here presented
as
a
second volume. Most
aspects of procedure in Athenian trials are covered, and special attention
is
paid not only to what happened
in
court but also
to
the steps which led up
to
a
hearing and the consequences which followed when it
was
over.
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