The Gazette 1967/71

rule was evolved, by which States can only be bound by rules to which they have consented. The author stresses that International law is bind ing on all States, and that therefore the claim of Asian and African States, that, as international law developed in Europe without their consent, they are free to consider as binding only those notions which they consider just, is completely rejected. It is unfortunate that the desirable pro cess of codification has been slow to produce results. It seems reasonable to believe, from all evidence available, such as Government state ments and legislation of national parliaments, the decisions of International Courts are the best evidence available of the existence of the rules of international law. The theory of Monism founded on Natural Law, and based on the notion of a Universal Legal Order, aids the adoption theory, by which international law is automatically adopted as part of municipal law, but un fortunately this is not the case in Ireland. The author also stresses that, in an international community. Judicial settlement is the exception rather than the rule, and that most disputes are the subject of diplomatic negotiation and settlement. There are four interesting chapters on International organisation, followed by a final chapter on "The Use of Force by the State;" this deals with such problems as "The Right to Wage War," "Self-Defence," and Civil Wars such as the Vietnam War. In con clusion, there is a warning that a lawyer must not be too legalistic, but must try to understand political tensions. The book is well written and readable; it is illustrated by many cases of English and American international law. Despite the in tricacy of the subject, the author has gone to much trouble to endeavour to explain the points clearly. This is strongly recommended to practitioners who wish to learn the most con temporary views on the subject. C. G. D. Their Good Names—Being 12 Cases of Libel and Slander with some Introductory Reflections on the Law by H. Montgomery Hyde. 8vo. Pp. 406. London, Hamish Hamilton, 1970.E3.15 (63/-). Mr. Montgomery Hyde is a very prolific writer,

being the author of 35 books, including "The Trial of Oscar Wilde," "The Trial of Roger Casement," "Sir Patrick Hastings," "Carson," "Norman Birkett" and "Lord Reading"—he was thus exceptionally well equipped to undertake an account of a dozen famous defamation cases, and he writes in a most readable manner not merely of the famous lawyers, but of the exciting atmosphere surrounding each case. The first case concerned Oscar's father, Sir William Wilde; he and Lady Wilde were defendants in a libel action in 1864 in which Mary Travers, daughter of the Professor of Medical Jurisprudence in Trinity, alleged she had been defamed in a letter; after a six day trial, she obtained the devisory damages of one farthing. The painter Whistler alleged he had been libelled by one of John Ruskin's art criticisms; after a two day trial he was also rewarded with one farthing's damages in 1878. In the Tranby Croft affair, William Gordon- Cumming was accused by his host at a house party, Arthur Wilson, and four others of cheating at Baccarat; he took an action for slander, which lasted seven days and in which the Prince of Wales was a witness on his behalf; nevertheless the jury gave a verdict for the defendants. The next case concerned Alfred Monson, who obtained a verdict of "Not proven" in Edinburgh after a ten day trial in which he had been accused of shoot ing another; his wax figure was subsequently exhibited in Madame Tussaud's and he took an action for libel in 1895 which lasted three days and in which he was awarded the traditional farthing's damages. He was subsequently involved in 1898 in a trial for conspiring to defraud, con victed and sentenced to 5 years. The action which William Lever, the famous soap manufacturer, brought against the Daily Mail and all publica tions of Associated Newspapers in 1907 for alleg ing that a proposed trust set up by the plaintiff was exploiting the consumer by cornering a raw materials market, ended very happily for the plaintiff; he was offered £220,000 damages in the course of the trial, which he accepted; amongst his counsel were Carson and F. E. Smith. In 1923, Lord Alfred Douglas, who had been involved in the Oscar Wilde case, had to stand a criminal trial for libelling Winston Churchill, by stating that he obtained a bribe to disseminate false in- 216