Book Reviews : The British Year Book of International Law 1980 Editors R. Y. Jennings and Ian Brownlie. Oxford University Press £40.00
| Date | 01 October 1982 |
| Published date | 01 October 1982 |
| DOI | 10.1177/004711788200700412 |
| Subject Matter | Articles |
2246
The
British
Year
Book
of
International
Law
1980
Editors
R.
Y.
Jennings
and
Ian
Brownlie.
Oxford
University
Press
£40.00.
As
usual
the
volume
contains
a
number
of
authoritative
articles
on
various
aspects
of
the
theory
and
practice
of
international
law.
Dr.
James
Crawford
assess
the
contribution
of
Professor
D.
P.
O’Connell
to
the
Discipline
of
International
Law.
His
major
contributions
covered
&dquo;State
succession,
the
use
of force
at
sea,
the
development
of the
law
of the
sea
(specifically
the
maritime
claims
of
States),
the
legal
problems
of
coastal
jurisdiction
in
federations
and
(though
to
a
lesser
extent)
the
history
and
philosophy
of
international
law.&dquo;
Of
particular
interest
at
the
present
moment
are
his
views
on
human
rights
on
which,
inter
alia.
he
says
&dquo;The
Human
Rights
Covenants
are
at
once
all
embracing,
and
imprecise
in
their
directions,
so
that
they
are
powerful
tools
of
political
pressure ...
The
Notion
of
national
law
was
never
intended
to
be
an
agent
of
incessant,
undirected
and,
perhaps,
deleterious
social
change,
which
is
the
way
human
rights
and
civil
liberties
are
often
projected
today
in
both
the
national
and
international
spheres.
The
capricious
directions
often
taken
by
,
human
rights
is
in
fact
the
product
of
their
humanistic
origin
in
the. United
I‘lations&dquo;.
The
writers
stress
that
two
of O’Connell’s
outstanding
attributes
were
his
willingness
to
accept
novel
and
disturbing
concepts
and
developments-as
in
the
law
of
the
sea-provided
that
they
could
be
squared
with
principle
and
his
remarkable
ability
for
grasping
the
essential
issues
in
any
problem
and
thus
for
setting
the
terms
on
which
debate
would
proceed.
The
late
Sir
Gerald
Fitzmaurice-who
will
be
sadly
missed
not
least
by
this
Institute-deals
with
the
tricky
problem
of
non-appearing
defendant
Governments
in
cases
hefore
the
International
Court
of
Justice
which
he
stigmatises
&dquo;as
a
practice
that
constitutes
a
blot
on
the
administration
of international justice
and
on
the
authority
and
’repute
of
the
International
Court&dquo;.
Professor
Pierre
Lalive
deals with
The
First World
BankArbitration
(Holiday
Inns
v.
Morocco),
Some
Legal
Problems:
Colin
Warbrick
with
The
Boundary
Between
England
and
Scotland
in
the
Solway
Firth:
Dr.
Ebere
Osieke
with
Admission
to
Membership
in
International
Organisations:
The
Case
of Namibia
and
concludes
that
&dquo;Bearing
in
mind
the
necessity
for
the
universality
of
membership
as
well
as
the
effective
implementation
of
the
policies
and
principles
of
international
organisations,
the
new
criterion
should
be
aimed
at
striking
a
balance
between
the
principle
of
universality
and
the
need
for
the
effectiveness
of
international
organisations&dquo;.
Professor
R.
H.
Graveson
gives
a
masterly
summary
of The
Inequality
of the
Applicable
Law
in
the
realm
of
private
international
law
or
the
conflict
of
laws.
The
volume
concludes
with
Notes
on
English
International
Legal
Doctrine
in
Soviet
Translations
by
W.
E.
Butler
and
Delimitation
of Maritime
Zones
in
Recent
Commonwealth
Decisions
by
Geoffrey
Marston
followed
by
an
extensive
book
review
section:
Decisions
of
British
Courts
during
1980
Involving
Questions
of
Public
International
Law
by
James
Crawford:
Decisions
on
the
European
Convention,
on
Human
Rights
during
1980
by
D.
J.
Harris:
Decisions
of the
Court
of Justice
of
the
European
Community
by
Michael
Akehurst:
United
Kingdom
Materialson
International
Law
1980.
edited
by
Geoffrey
Marston
and
a
Table
of
Cases
and
Index.
Transforming
Russia
&
China:
Revolutionary
Struggle
in
the
Twentieth-Century
William
G.
Rosenberg
and
Marilyn
B.
Young.
Oxford
University
Press.
Cloth
£13.00
Paper
£4.95.
Political
Pilgrims:
Travels
of Western
Intellectuals
to
the
Soviet
Union,
China
and
Cuba.
Paul
Hollander.
Oxford
University
Press.
£15.00.
TI’Clir,1’,O!’)71fi1~ Rl1,1,5’lll c~
China
is
a very
interesting,
indeed
illuminating, study
of
the
contrasting
revolutions
in
Russia
and
China.
It
is.
in
the
first
place,
meant
for
the
use
of American
students
who.
the
authors
say.
were
operating
in
the
sphere
of
Russian
and
Chinese
developments
in
a &dquo;historical
vacuum .
Moreover.
&dquo;No
single
volume
drew
together,
in
a
usahle
analytic
narrative,
the
exceptional
complexities
of
theory
and
practice
represented
hy
the
two
major
revolutions
of
the
twentieth
century.
None
focussed
in
humanistic
terms
on
what
it
was
like,
for
millions
of
people, to
live
through
these
extraordinary
transformations&dquo;.
They
go
on
to
say that
&dquo;revolution
has
never
had
a
very
vivid
place
in
the American
imagination.
It
is
seen
as
an
event,
specific
and
destructive.
from
which
some
societies
recover (France).
while
others
are
permanently
damaged
(Russia.
China.
Cuba).
Order.
not
change.
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