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Book Abstracts

Amanda Cahill-Ripley, The Human Right to Water and its Application in the Occupied Palestinian Territories (Routledge 2011)

The Human Right to Water and its Application in the Occupied Palestinian Territories provides an overview and examination of the human right to water as determined under international human rights law. This is a highly topical issue, with the UN General Assembly having passed a resolution which declares access to clean water and sanitation a human right (New York, 28 July 2010), the recent appointment of the UN Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation and movement within the NGO community for an
international water treaty.

Agata Fijalkowski, From Old Times to New Europe: the Polish Struggle for Democracy and Constitutionalism (Ashgate, 2010).

From Old Times to New Europe considers the post-totalitarian legal framework in today's Europe, arguing that the study of totalitarianism and post-totalitarianism continues to be significant as ever. Drawing mainly on the Polish experience, this analysis focuses on the significant part played by history in the development of the region's identity and preferences concerning the role of the state in public and private life. It examines the political, socio-economic and legal aspects of key events and draws comparisons with other CEE states, whilst implementing key socio-legal theories to explain trends and strains in this post-Communist and post-totalitarian period. With the benefit of access to archival sources in Poland and Russia, this book will be of interest to students and researchers of European law, law and society and international criminal justice.

'This is a well-researched and informative study of the Polish political and legal, but also intellectual, history of the 20th century. Using the impressive body of legal documents and archival materials, Fijalkowski tells the story of political, legal, theoretical and conceptual ruptures and discontinuities typical of Poland and other
countries of Central and Eastern Europe.’ (Jiri Priban, Cardiff University, UK)

Sara Fovargue, Xenotransplantation and Risk (Cambridge, Law Medicine and Ethics Series, 2012)

Some developing biotechnologies challenge accepted legal and ethical norms because of the risks they pose. Xenotransplantion (cross-species transplantation) may prolong life but may also harm the Xeno-recipient and the public due to its potential to transmit infectious diseases. These transboundary diseases emphasise the global nature of advances in healthcare and high light the difficulties of indentifying, monitoring and regulations such risks and thereby protecting individual and public health. Xenotransplantion raises questions about how uncertainty and risks are understood and accepted and exposes tensions between private benefit and public health.

Alisdair A. Gillespie, Child Pornography: Law and Policy (Glass House, Routledge 2011)

Child Pornography: Law and Policy draws together literature from law, criminology, sociology and psychology to examine this controversial subject. The book begins by examining what child pornography is and how is currently defined. By drawing upon the laws in four different countries, the book identifies the different methods of classification and the scope of legal intervention. The second part of the book critically examines each offence and assesses whether it is effective at countering child pornography.

David Milman, Sealy & Milman: Annotated Guide to the Insolvency Legislation 2010 (Sweet and Maxwell 13th Edition, Vol 1 and 2)

This work covers all the key statues and statutory instruments relating to personal and corporate insolvency, making this an indispensable tool for insolvency practitioners, lawyers, government officials and accountants dealing with insolvency.
The 13th edition incorporates and provides commentary on the modernisation of the insolvency legislation via the Insolvency (Amendment) Rules 2010 and the Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010.

James Summers (ed.), The Kosovo Precedent: Implications for Statehood, Self-determination and Minority Rights (Brill, Leiden, 2011).

This collection examines the legal controversy surrounding Kosovo’s unilateral declaration of independence of 2008 and the International Court of Justice’s Advisory Opinion on its legality of 2010. The book covers three issues: the declaration of independence, Kosovo and self-determination and minority rights, and the implications of Kosovo as a precedent for other regions. The contributors to the book are: James Summers, Kaiyan Kaikobad, Colin Warbrick, Morag Goodwin, Besfort Rrecaj, Jure Vidmar, Helen Quane, Elizabeth Chadwick, Stephen Tierney, Gulara Guliyeva, Stephen Allen, Edward Guntrip, Miodrag Jovanovic, Snezana Trifunovska, Vakhtang Vakhtangidze and Miryam Rodriguez-Izquierdo Serrano.

Steven Wheatley The Democratic Legitimacy of International Law (Hart Publishing 2010)

The objective of this work is to restate the requirements of democratic legitimacy in terms of the deliberative ideal developed by Jurgen Habermas and apply the understanding to the systems of global governance. The idea of democracy requires that the people decide, through democratic procedures, all policy issues that are politically decidable. But the state is not a voluntary association of free and equal citizens; it is a construct of international law, and subject to international norms. Political self-determination takes place within a framework established by domestic and international public law. A compensatory form of democratic legitimacy for inter-state norms can be established through deliberate forms of diplomacy and a requirement of consent to international law norms, but the decline of the Westphalian political settlement means that the two-track model of democratic self-determination is no longer sufficient to explain the legitimacy and authority of law.

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