Book Review: The Courts and Criminal Punishments
| DOI | 10.1177/0067205X7100400213 |
| Date | 01 June 1971 |
| Author | D. O'Connor |
| Published date | 01 June 1971 |
| Subject Matter | Book Reviews |
Federal Law Review
372
feature escapes attention, namely
that
several decisions
in
theU:
have established
that
the Convention
in
granting jurisdiction,"'fo
example,,'to the courts
at
,the
placeofdestination,hasregard"'only
national boundaries
and
not
to
the fact
that
afederal state
may
centair!"
several separate jurisdictions. Thus
if
apassenger flies from
Sycln.~Y"
to New
York
his place
of
destination is not the State of New
York
but'y,
the U.S.A.,
and
he
may, therefore, generally speaking, bring
an
acti.()tl.
in
anystate of the
U.S.A
The,
Geneva Convention
of
1948,
on
the recognition
Of,
rigb~
aircraft, is neither discussed
nor
listed in the useful table ofmulti18,te
conventions"
in
Volume Two.
The
Geneva Convention
has
attra
wider adherence than
the
Rome
Convention, which
is
discussed.
The
concluding
part
of
the chapter relates to outer space, asubj
dealt with
in
less than six pages. Probably the most interesting questi
~anvassedis
the dividing line between sovereign. airspace 'and 'ott"'
space, declared by the 1967 Outer Space Treaty as
not
being subjec
to
claims of national sovereignty. The volume of writing
on,.\·
question' is ,immenseb1.lt, ,presum.ably ,f?r.
r.easo~~~~LS,R~~~,~:etQ..
,
,',
>'
~",.",".,~.~~~""",.,,-"O'GonneH's~xr'refets"-oD1Y-f6'"'t1ieViews~or-ilie1ate
John
Cobb
Coo~l
proposing the division
of
the
area
above states into three
zones-a
zone
of
fuM,
sovereignty to. the limits of airspace, acontiguous zone
up
300
miles,
and,athird' space zone which would
be
entirely
free.TheS~
were the views which Cooper expressed
in
1955
to
the, American!
Society
of
International
Law
but
he
discarded them
in
1960.Coop~
then advocated asingle,boundary between sovereign airspace
and
outer
space, being the lowest altitude above the earth's surface
at
which
all
artificial satellite could
be
put
into orbit. His later views appearitJ.
various publications., " "
",\,'
General works
of
,international law may perform
the
invaluallle/'
function of serving
to
introduce
an
invariably interesting subject
,,'tQ
the reader.'
If
they have 'greater pretensions, as Professor
O'Connell'~
treatment
of air and space
law
discloses, they can easily
ron
into'
difficulties with the result
that
they fail to satisfy the needs
of
either
the scholar or'the student.
J.
E.
lUCHAIU>SON*
-~
The Courts and Criminal Punishments
by
SIR
JOHN
V. W.
BARRY,
Judge
of the Supreme Court" of Victoria, Australia (A. R. Shearer,
Government Printer, Wellington, New Zealand
1969),
pp. 1-91.
New Zealand Price $1.50.
The
late Sir John Barry held adistinctive position in the development
and
teaching of criminology
in
Australia. His most important work,
•Robert Garran Professor of Law, Faculty of
Law,
Australian National
University.
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