REVIEWS
| DOI | http://doi.org/10.1111/j.1468-2230.1962.tb02229.x |
| Date | 01 November 1962 |
| Published date | 01 November 1962 |
REVIEWS
COMMON
MARKET
L4w.
Texts
and
Commentaries.
By
AUN
CAMPBELL
and
DENNIS
!I’HOXPSON.
With
a
Foreword
by
W
RT.
HON.
LORD
DWNINO.
[London:
Stevens
&
Sons,
Ltd.
1962.
xxii
and
465
and
(index)
21
pp.
€8
10s.
net.]
THE
learned authors of
this
work have earned
the
gratitude of both the
legd
profession and the public in this country at largc for having undertaken
a pioneering and
in
a way unrewarding
task.
At
the
time
when
they
bew
their labours, comparatively few people were able
to
foresee
the great practical
importance which the
Common
Market law may
noon
aquire, and
in
part has
already acquired, in
Uiis
country.
It
WAB
in
more
than me emse
a
venture
to start at all. While the work
wu
under preparation,
it,
no
doubt,
became
clear to the authors that overriding public
interests
rendered
ft
necamry
to
publish the book as
soon
as possible. There
ere
consequently
me
siv
Of
hasty preparation, some gaps and
some
defects which no
user
can
fail
to
notice. But
it
would not be fair
to
blame
the
learned
authors for thb;
on
the
contrary, they deserve to be praised for not hadrig waited until their
book
could acquire a more perfect shape.
Had
they done
SO,
the profession wdd
have had
to
do without an indispensable instrument during
a
period
durtng
which
it
was urgently needed.
By far the most useful part of the
book
are
its
first hundred
pages.
Thew
contain a brief and clear introduction
to
Conmon
Market
law. They also
serve as a guide to the rest of the work.
-4n@ody
who hati
ped
thurt
pages will have acquired knowledge and information which
ia
indlepensable to
all who in any way have
to
deal
with
questions of Common
Market
law.
Unfortunately the same cannot be said of the next
one
hundred
p6ges.
Thesc
really try to attain the impossible.
A
satisfactory
outline
of
the
municipal
laws of fifteen countries relating to rwtrictive practiw
cannot
be
dven
QO
twenty-eight pages. Similarly
it
cannot
serve
a
useful
purpa~e
to
deal
011
another thirty pages with company formation
in
the
eommon
law
couatrie8,
the general structure of companies in
the
Gammon
Market
area
.nd
to
throw
in for good measure wme
notea
on
taxation
aud
aodd
charm
u
well.
Similarly
one
wonders whether anybody can
really
receive any practical hdp
from a thirty-page-abridgment
of
the
law
on
indwtrid
property,
LI,
patents,
designs and trade mark,
in
eleven countries,
erpedally
if
these
thie
pqges
also
include a summary of
the
various international
convention0
in
this
&Id.
The
text of the Rome
Treaty
which
appeam
in
WE
book
is
tJmt of
an
unofiicial translation prepared by the European
Economic
commiulon.
The
authors cannot
in
fairneon
be
made
responsible
for
the
errom
of
this
trans-
lation. In fact., they have drawn
attention
to
WUM
of
them
in
thdr
brief
notes on the tat. These
notce,
notwithatanding
their
mcciactne~,
are
valuable
for an elementary understanding of
the
text, but
they
very
Mttlu
further
than that. They
make
no attempt at
Wing
wlth
the
mq,
aad
in
part
intricate and intriguing, questions that ark
from
it.
One
mot help feeling
that a study of the existing Continental literature
on
the
Rome
Treaw
and
in particular of at least
some
of the existing
commentaries
on
It
would
have
ennbled the authors to
go
very much further than
they
have
be.
In
fact,
the severest defect of
thin
work
ie
its
thoroufiy
insular
character.
There is no single reference to any
of
the numerous Continental writings
on
any single
one
of the problems on
which
the
learned authore have
touched.
The
Rome
Treaty has
been
in force for nearly
five
years.
It
gas
without
saying that many of its provisions and in particular,
of
course, article
Bd
745
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