International Sale of Goods in the Conflict of Laws by James Fawcett, Jonathan Harris and Michael Bridge

does this in a clear, logical and comprehensive shrink from criticising some chinese claims and tle, with its various issues handled with much peculiarly western about democracy. he also which it translates group identity into violence, sudan, israel and the palestine, are ignited or reform agenda of dr. carruthers who painstak- tive laws to determine if there is a true conflict, chapter 4 focuses on the border between con- philosophy, an author, a sankritist, a strong insight into particular sales practices and stan- tions skew more obviously to one side of the legal issues, touching upon different aspects of international organisations, non-governmental parties who fish, including taiwanese fisher- his rules. political science and history have also by written rules. by doing so, sands has prob- the significant contribution of this well- tanamo detainees have no rights under interna- fisheries, off-shore oil and gas, security and envi- this book is also a viable historical and political remained unusually committed to the applica- sumptuously) that the us is the most powerful policy. while hinting that us foreign policy developing countries, by the removal of struc- allowed the international lawyer a fresh mar- choice of law problems in the context of interna- in his introduction, the author correctly national shipping for their ever-growing trade two. although this reviewer prefers the solution to interpret china's laws and practice, as well examination of the distinction between movable the scope of her chosen topic of inter vivos trans- good introduction to international law and an yet, cynics are not sands' intended audience. that it can become "the object of an overlap- in the book should not be entirely convincing a member of a line of literature detailing the of a contract for mutual advantage. which sug- argued, closely-arranged book lies not in its tics and yet provide his reader with a discourse lators would have been merited to provide his than a proper law rule, which involves a judi- the regime of the exclusive economic zone of chapter 13 are also equally relevant outside autonomy where the dispute is purely bilateral. like many textbooks on the subject, inter- non-international lawyer will find this book a isational and religious partitioning of the world. proper law rule is that it requires the court to chapter 3 addresses tangible movable property. china sea through the joint fishery commit- reviewed by kelvin f.k. low country afford a moral foreign policy" in ami- chapter 2 deals with immovable property whilst was perhaps attempting to avoid being overly simply those of england but also of other juris- this was in many ways a necessary exer- (3) property (comprising chapter 7 "property other religions and how he imposed punitive ties and second generation rights of economic low sea, the sea of japan, the east china sea, the language of capabilities should be superior animals, from its usual ethical boundary, to the in the monolith. it would be extremely techni- of a coastal state. the respective fisheries legis- the manner in which international rules are bro- poor nations in terms of mortality, education, will almost invariably turn to how the issue been a wrongful dispossession of property in one tures: there exists a boundary agreement, as in chapters 2 and 3, sands explores, in smith & posner, the limits of international justice. pty ltd v rogerson (2000) 203 clr 503 and ment as purely comprising of economic growth. mine which is the most appropriate law in the one that places the pursuit of the central human rary world, in particular, about what the goal like part i, part iii ("choice of law") opens [cambridge, massachusetts: harvard uni- of its troublesome issues is addressed primar- policy decisions are made and the domestic impression that a re-examination is underway exacerbated by illusions of unique and choice- international sale of goods in the conflict of 386 singapore year book of international law (2006) of the good", and even if the threshold level rights between seller and buyer such as when vided by assistant attorney general jay bybee national sale of goods in the conflict of laws ing from russia in the north to singapore in the challenge the very rules themselves. in so doing, us with examples of scholarship on us for- social contract that have deep and widespread rule. to that end, dr. carruthers examines postulated by the bush administration to jus- ten essays together in a single volume, he has the substance of the book is contained in lawyers) will find that sands' personal accounts the value of lawless world lies in its sim- unsolved, problems of social justice neglected by same time, an asian, an indian citizen, a ben- and michael bridge[oxford: oxford uni- dows on some old problems. by bringing the thus insists on (i) the necessity of affirmative contract theory over the many other versions of legal framework in which the clash between are denied their rights under international law. is driven by the neo-conservative agenda, the versity press, 2006, xv + 487 pp. hardcover: [a] federation of religions or of civilizations", authors' decision is completely understandable, laws is intended for commercial practitioners, as hugo grotius as well as the interesting kerala transfer of property are still largely untouched ing a necessary connection to a life worthy of from the ethical level into the realms of social similarly, the international law professor may [london: penguin, 2005. xxviii + 324 pp. in mind as a reference as it addresses many issues in world affairs find themselves in the posi- professor is not sands' intended audience. it the international society. such a scenario, the authors propose that the with the consequent potential of leading to civil- the two sets of laws pending possible reunifica- international law. perspectives for the american twenty-first cen- national courts and tribunals, including the is based on us hegemony but transcends the the book opens with an introduction to national instrument and a more modest model no boundary has been agreed; there are third the core ideas of kantian moral philosophy (that one drawback of the structure of the book, ing us "flouting of international law", failure but necessary first step towards addressing the attract the application of international human- is the best place to conduct legal studies relating own political and religious ends. it is very the applicable law is more easily ascertained. ary (comprising chapter 8 "restitution and family of liberal conceptions. the broad frame- the future to bring the us to comply with inter- itime claims in the region, compiled from un tion it takes to a possible reshaping of the dard forms, something the international sales prising separate nation-states, with each state which modern international law has been born boundary line. this chapter sets out a "rel- 384 singapore year book of international law (2006) times academic press, 1998)). have constructed a complex post-modern marx- the traditional topics of territorial disputes, sales, there are occasional discussions on con- her case a little too hard. for example, although york & london: w w norton & company, "islamic ideals" and other themes reflecting a and the "whys" behind past us foreign policy of nature and the broad socio-political frame- able property generally, while securities held by suffered by detainees held by the us in the abu the sale takes the form of a cif contract. chap- gation techniques on detainees on the bases that considers the status of the taiwan strait, whilst of the rome statute by coercing fellow sig- animals. niall ferguson shares a kissinger-esque view the respective laws and regulations of the peo- between the capabilities approach and the insti- with this in mind, nussbaum embarks on an the street. in how nations behave (new york: maritime boundary delimitation in the gulf of of the "founding fathers" of the international chapter 8 summarises the arguments for and 374 singapore year book of international law (2006) that resulted in loss of life: the interception provide a nice biographical peek into the life of various places without making quite clear what part their jurisdictional limits have not been choice of law for tort has continued to embrace tion to possible discrepancies between the prc's eral rules of the particular topic, the discussion challenge, albeit from within liberalism, to the the area, there are major flag states, major port as such, this book is very much a vigor- although the book is a powerful and con- to engage the political scientist/historian. failure to impede, and (ii) the idea of `human nations security council. to these viewers, the according to the oxford university press web- fessor zhou lihai, who went on to become one tify the continued detention of these "prisoners" law of the sea in east asia: issues and hainan island in 2001, and the sinking of an particularly since, as they explain, a book on tal law. sacrificing depth for readability, sands tion is clear. international law is law and is to be book roughly equally divided between parts i has placed a high and exacting standard for sense that, once the facts have come to light, present the various definitions of international much of the book focuses on the islamic commentators and governments in the region. or british resident, an economist, a dabbler in an introduction to the complex jurisdictional and central to basic chances of human survival on us' "imperialism" and examines it as a phe- place agents whose contribution to overall social justifying his argument that there is nothing author concludes that the law concerning the will arise in the context of an international sale the chapter on "west and anti-west" tions (public policy and mandatory statute of at the case of the litigant whose goods have the work includes translations by the author erty has been effectively transferred, which is the of forum non conveniens where jurisdiction was of the los convention. this is clearly a cerned with inter vivos transfers of property, dr. carruthers suggests that there is as much uncer- ing maritime issues in east asia and to suggest not involve theft and inasmuch as both trans- tutional and constitutional design. as all major positions. and british prime minister blair. sands does duct between states as well as between states natories into entering article 98(2) agreements. forum), dr. carruthers proposes a key role for regie national des usines renault sa v zhang the plurality of our affiliations and the use of the world at large and the world at large craves the decision in ex parte pinochet as well as of arguments due to her deferential disposition. disputes as to title), there is no objection to party contract work of rawls in a theory of justice on the international sale of goods 1980, often nobel prize-winner amartya sen proposes in that highlighting religion results in other sig- (issues of our time) by amartya sen. [new and atypical mental and physical impairments. attempt to engage readers outside of his peers disputes. law from england, scotland, the united states connecting factor rule, is clearly more certain charter is the genesis of international law as rawl's theory cannot address some of the most rules it will abide by) and even hypocritical lawless world turns this paradigm on its review conference (a suggestion which, if acted been based for several years at the east asia understood. on the other side of the spec- piracy. the author notes that chinese legisla- sale of the same property in the forum (or possi- ries. not so chapter 11, which simply sets out v jackson [2005] 2 wlr 942, which abolished to the arguments in favour of the situs rule sen's real target is not group loyalty per of goods: jurisdiction"), and (4) restitution- discourse into these other factors that affect for- a merger of these two schools of thought into and gender and racial justice. she thus rightly lation is analysed, together with the agreement the conflict of laws (reviewed elsewhere in this civilisations. sen rightly points out the ease with ular types of property or to particular issues. the general rules on recognition and enforce- rule in the law of intestate succession to immov- case juxtaposed with the tuna/dolphin case as points out that the los convention calls for issues. nussbaum seems unsure what our duties world war era. yet, to undertake this ambi- involving tangible movables between the parties first, technology has provided the world take cognizance of other factors which are not corporations have responsibilities for promoting theory achieves a proper balance in handling political doctrine on basic entitlements means in to the curious need to assign an artificial situs to what sands has embarked upon is a sweep- the property is physically located, a situs rule press, 2005. xxxvii + 347 pp. hardcover: does not illuminate our duties to non-human western tradition of liberal political philosophy. a coherent holistic foreign policy. understand- and not recalcitrance and that this allows for why the proper law rule thrives in contract is the us will pick and choose which international simply explaining that no special concerns were practised tolerance, and the periods of gen- and the international lawyer often relies on the book is to critically examine the present role framework for an alternative choice of law rule. would. it is certainly arguable that this chap- and finally its relevance to the los conven- actors are no longer merely states but include of an international `overlapping consensus' -- overlap with one another, it is impossible to suc- national sale of goods in the conflict of laws. res_e/booksp_e/anrep_e/wtr06-0b_e.pdf at xix). war analysis suits sands' purposes in explor- not help but get the impression that she pushes the democratic inheritance is a truly universal her discussion of international justice is sub- prescribe when a state may use force against sion of a unique identity, "fomented by the ficult question of the choice of a choice of law ing down the situs rule. however, a closer both politically and economically. three global personally found sands' recounting of his per- theoretical structures themselves -- through a agreed. they also rely upon the seas and inter- bush administration is highly selective (i.e., that sale of goods whenever there is a foreign ele- existence, should be understood by the man on with jurisdictional issues in e-commerce. enormous political and legal influence histori- unidentified vessel by the japanese patrol ves- to provide adequate attention to pre-second law rather refreshing and insightful. as a way of rules as they apply to the context of cultural territory, they are beyond the supervision of referred to as the vienna convention, as well as current interest, divided into five parts. well as the historical development of the lex a vigorous rebuttal of the notion of cultural and the law of human rights by examining law approach. applying a proper law approach, result is that international sale of goods in the in part ii concerning territorial and maritime historic claims appears in the legislation about technical in his discourse, perhaps a deeper operate. her arguments in this part are gener- no social contract doctrine has been successful to pigeonhole him academically and profession- equal dignity of human beings that demands apply international concepts. he has looked at decisions. they have subversively explained what sands predators. she talks vaguely of `trusteeship' in for concurrent claims, addresses an issue that is of laws, principles and rules to govern the con- gerous as it undermines the importance of the successful in doing precisely that -- going diverse identities will thrive in our contemporary ing thoughts. as our world remains one com- ultimately, these developments show that residents whereas the adoption of a proper law the traditional english rules. the complexities international sale of goods in the conflict of the technical argument that as the detainees are from an english perspective, is that unlike choice with some cases falling within the european advices were provided as bona fide attempts to international law series. of humane pluralism. sen argues that the free- rialism" is generally beneficial to the world at (comprising chapter 6 "torts arising out of being the primary agency in securing the wel- of fishery relations between china and japan uk-led coalition. sands' position is that the property. chapter 6 addresses intangible mov- there sufficient exploration of methods to nur- of 1997 on fisheries management in the east of political principles. on this issue, she is and conflict, "a crucial component of the `mar- academics and scholars of the conflict of laws, "proficient artisans of terror", through suitable the cultivation of a forceful global public sphere law to control the uncertainty that is inher- and investment rules. in chapter 5, sands ing commentary on the state of international law contract doctrine includes people with severe or enforcement arise. about different disputes. the most interesting tion and choice of law and the traditional rule of solitary chapter rather than to a specialised text and other common law jurisdictions, as well as labelling of affiliation, is a first dangerous step part iv concerns the safety of navigation and tav acharya, ed., the quest for world order: national law arguments were being offered to international issues against the new benchmarks to multiple-party claims while chapter 10 deals have very different comprehensive conceptions world. (in cases of trilateral property disputes involving within traditions and the interactions between nussbaum effectively balances two compet- on the prohibition of torture is in line with on the other hand, the main structure of the alliance of small island states. in my view, a don press, 2000) at 199) that the validity of aspects of the common law's obsession with the sale and the jurisdictional issues that arise under comparison to this seminal piece of international trum, hardt and negri in empire (cambridge, man suggests that both choices be ignored in versity press, 2005. cxiv + 1458 pp. hard- china sea and the gulf of tonkin. all the that the world has ever seen. however, instead asian neighbours. he has certainly achieved world is merely an international law book writ- foreign policy of the united states at the start tion. this is an interesting chapter that opens old problem of piracy in the south china sea, rule four of the five exceptions to the situs rule. mark for his assessments of law and practice is divided into three parts reflecting the clas- of human rights abuses, in particular torture, to understand international law. able, sen has not explored sufficiently the big 18 covers property and title and chapter 19 cov- that of the european court of justice in owusu mented by all governments as a bare minimum between the buyer and seller: jurisdiction under mutual advantage, deciding to leave the state inter-group strife and conflict. become increasing expansive. international law rawls' work has probably made the most by modifying the los convention through a high court case in 1999, nair v. union of a balance has to be struck, and nussbaum's maritime security. in particular, chapter eight facing the us as the emergent post-cold war the abu garib prison in iraq. in chapter 7, geographical expanse--by religion. sen points utopian residents or between two ruritanian been able to give an overall conspectus of the scholarly and practitioner readers, some addi- merchant? and timely. ars and practitioners not directly concerned with neighbours, rather than a systematic study of nomenon, he has not provided the explanation china between 1958 and 2001, and a table human rights law draws heavily on customary the ends of others); and (ii) these doctrines of two models are proposed, one for a draft inter- introduction to those who attend international iations and reject narrow stereotypes in favour the flexible exception akin to a proper law referring to us foreign policy at the start of the facts of the subsequent sale, there is certainly such as briggs and rees, civil jurisdiction and of property. much of chapter 2 is therefore ican approach to international law under the putes: (1) contractual (comprising, in general, french chateau and sold it in germany to a swiss uniformity simply requires that the same con- laws will realise that, of the four, two excep- dr. carruthers describes the lex situs rule as rules on jurisdiction whereas others fall within in imagining them as participants in the choice price of america's empire (new york: penguin ment in the conflicts sense, e.g. where there is a subject. els the conventional assumptions that lawless nussbaum contribution in this area is in adding against the situs rule. a simple glance through ronmental law and the bush administration's cussion on consumer contracts. as the authors same volume at page 383), which covers some ground which gives access to research materials ture a global environment where the richness arise out of an international sale, particularly as ably not provided the reader with a full view of not give sufficient attention to the importance of through acquisition and learning. by point- is primarily about china and its east asian ment). the second chapter gives a learned ten for non-international lawyers with an inter- idea of social contract. the idea of a social con- reinforces some misconceptions that the atlantic reviewed by tey tsun hang a window on china's maritime legislation for and essential to people's lives, and frequently prospects for further growth, makes the impor- itself from accession to the protocol. in particu- concerned with toppling the jurisdictional situs an urgent need for a regional agreement reg- origins and history; china's position regard- lawless world is a reasonably clear comm- give rise to maritime tensions. the author calls of each capability mentioned is disagreeable to to be ambiguous, especially where reference to eration, insisted in the 1590s on the need for traditional boundaries of us sovereign power international law has "gone public" as a neces- imposition of singular and belligerent identities tionable if this, as dr. carruthers suggests, animals � either through the kantian notion that dr. carruthers supports and which she criticises on international commercial law in honour far-reaching implications for the whole instru- doing justice to people with mental and physi- 10 sybil book reviews 383 ingly examines choice of law methodology as page 385), with its law reform agenda, will find cannot ignore the political scientist/historian's marine scientific research). he draws atten- century. convinced that third parties in the form of credi- in agra from the 1590s onwards was taking nise party autonomy in choice of law, making does not attempt to hide his contempt for these to show that the capabilities approach is one to argue that the us is entitled to continue a hindu background, a non-brahmin, and a tional law series. whilst its natural audience where disputed islets provide safe havens for of the un charter and decisions by inter- the latter sale. in the case of theft, although particularly those with a cross-border practice, marked critique as well as substantial improve- in the same forum (at 8.23�8.25). it is how- rules" and chapter 4 "an action in contract them to reach beyond the political conflicts of omy be recognised. interestingly enough, this the international sale of goods: jurisdiction"), well-established contractarian theories in new involved in differentiating between the brussels she puts up convincing arguments suggesting putes is therefore only significant where one relating to human rights law and environmental uine enlightenment. akbar, a 16th century arrangements. she argues that multinational vince the bush administration otherwise. sands of the sea and comprises two chapters. the neo-conservative agenda is not explained. a hardly unique to international sales. many parts tions differing from those offered in the existing bush administration frustrates the kyoto pro- the virtue of lawless world lies in its modesty. does, ferguson applies an external perspective cial mind beyond the realm of contract, and well as those concerned with international rela- ability to prove, in a convincing manner, why ter. chapter 11 of this part is perhaps the conventional view of international law to per- site, the transfer of property in the conflict of erator of confidence and strength. since human ing up to the invasion of iraq by the us and chapter 4 focuses on international envi- conflict of laws is very different and far wider head. it is an international law book writ- cably linked with international law creation respond to sands' views on the state of interna- hegemon. from his perspective, the us, at the transfer of property in the conflict our contemporary world. the practice of declining jurisdiction on the basis (cambridge: harvard university press, 1999) is it is not difficult to guess why this is so. the beings are then elevated to being a matter of in raw materials and manufactured goods. in form of public participation and reasoning has artisans of terror". enterprise, that "[t]he western world has no lar, sands describes, in some detail, the change the e.e.z. previous year. this massive sum, together with the conditions ripen for exploitation by ruthless 21st century, goldsmith and posner argue that tion of close proximity as territorial or maritime with a brief introduction to international law and the blair administration's failure to con- social contract, she sets out, in well-arranged cessfully bundle them into smooth boxes with a international law and its rules are part of the law rules. no one would suggest, for example, handling and settlement of its many maritime book is dedicated to the setting out of the general and idiosyncrasies. for example, international cal to criticise dr. carruthers on the basis that a ("jurisdiction") and iii ("choice of law"). law (miscellaneous provisions) act 1995, the 10 sybil book reviews 381 entitled to the property upon intestacy, which is as those of taiwan, to an english-speaking of laws provides much food for thought. health and food, all of which are areas critical reasoning to counter the illusion of singular powerful case for the superiority of the social it is somewhat telling that, despite this con- ways. instead, what truly matters is the direc- even if the capabilities approach laid down is striking as sands has identifies the fact that ied. henry kissinger's does the united states has also been suggested by the authors of inter- issues. broadly, there are four types of dis- the us' "war on terror" exist in, where they massachusetts: harvard university press, 2000) they differ as to how such a true conflict, which do a better job. ronmental protection; however, for the greater free market economy, he has been pointing out tion of foreign nationals in guantanamo. he that of others". states, major distant-water fishing states and examination of some of the supposed arguments reviewed by h.e. judge anderson part i deals with compliance with the law tional law because they are not "prisoners of us secretary of state colin powell as he submit- the forum) are general exceptions to all choice of as the essence of the capabilities approach is world war development of international law the world's most distinguished analyst of the is rather lame--that peace can only prevail if of position between the clinton administration sic issues in the conflict of laws: jurisdiction; of human commonality as a path of resistance out that religion need not be the sole and the region in maritime matters. his aim in the states). the conventional criticism of the us neighbouring states facing the south china sea; se, but the political and religious leaders who louis henkin was able to describe international publicised. as sands notes, the english house enced english choice of law rules on the transfer book is to inform the reader of the outstand- the book can be used simply as a reference nomenon. that is, he addresses how the world cal liberalism (new york: columbia university tainty as to the applicable law than a proper in applying a flexible proper law rule and that whereas dr. carruthers spends 27 pages tear- world is based upon. while sands challenges contemporary us foreign policy is rather var- vides an insight into legal advice provided by course on the counter-point of the enforcement war in iraq, the detention of "prisoners" of the argument to lawless world. without expressly schuster, 2001) introduced us to the internal setting out her capabilities approach in a more sel in the east china sea later in that year. ious claims that can arise in the context of a (2002) 210 clr 491, rejected such a flexible diverse societies--spread across a tremendous remaining chapters of part i deal with the var- us$35.00] criticism of john rawls' ground-breaking work, the standard international source materials and an intermediary are the subject of chapter 7. as an index. a map or maps of the region ten chapters, based on ten essays written by the pre-second world war state of international to the transfer are concerned, that party auton- is created. unequal parties, and the political problems of cover: �195] lawless world: america and the making and sen, such singularising of identity, or coercive of what respect for human dignity requires. ence even where a particular question does not recognition. in these chapters, sands may have wished to value of regional cooperation and the work of already considerable volume of the book, the est in international relations in the post-second which rawls himself acknowledged in politi- danneman's suggestion (from g. danneman, but with the lex situs as a presumptive proper first-generation rights of political and civil liber- worthwhile exercise, to be undertaken by both lesbian rights, with a nonreligious lifestyle, from prospects by zou keyuan [abingdon and six chapters are dedicated to an examination of in this book which began as the tanner lec- its law, should be resolved. whereas danne- although this reviewer disagrees with the main influence in the political life of our contempo- favour of the situs rule are "shallow" (at 8.77). problems of fishery management in the east approach to choice of law, dr. carruthers has of francis reynolds (london: lloyds of lon- practice. granted that a post-second world clear terms what is possible in the pursuit of a with this approach is that the theory of the non-believer in afterlife..." neither is it possible allegiances involving class, gender, profession, to china and east asia, thanks to singapore's greater interest amongst scholars, international neighbours. they face each other across some example. by the implementation of full e.e.zs by both icy concerns. despite the focus on commercial according to the world trade report 2006, against the situs rule. chapter 9 proposes the rebuttal of the strong versions of "asian values", inherent weakness of various versions of cultural ing the lex situs is unfair to the original owner pinochet trial and as negotiator on behalf of the ever arguable that this argument simply involves ple is the staggering differences between rich and via the internet. the world is becoming increas- judgments, and comprises of a single chap- lawless world cannot be reviewed as a text- that very topic is planned for the oxford private problem with (and advantage of) employing a tures are required. this proposal is that, while it is true that apply- relatively new, the history of democracy in the context of international sales obvious. inter- and of a life that is worthy of that dignity, from of law in the context of the battle of the forms, of war. the bush administration has sought to showing that even rawls's theory, which sug- a non-contracting state to the convention. human rights and jurisdiction. surely, the world not overlooking other straits in the region. the in chapter 8, sands dissects the events lead- the us' interests as the us' interest in each aspect in a technical fashion why the revised social infamous mo�ambique rule on jurisdiction ment of the rule as well as writings and case where there is a battle of the forms (see 673� the detentions are lawful under american law, tract -- in which rational people get together for law of the sea as it affects china and its east the gulf of tonkin has some more positive fea- explain, special jurisdictional and choice of law try expanded. although no boundary has been further clarity to the language of rights -- the ple, the transfer of property in the conflict of possibly pulling in different directions in the tional trade law and international environmen- able property as an example of creating a crack organisations and multinational organisations. ily in the rather special context of the incident parties in the form of subsequent purchasers. have priority over reason. sen also highlights conferences about the law of the sea. it suf- stranglehold of the lex situs. 380 singapore year book of international law (2006) these two competing thoughts. on what, at first sight, appears to be a sterile than "international" under the various conven- are both noted. the volume is rounded off entary on us state practice in the last issue of the treatment of non-human animals highlights the work of natural law theorists such itarian law. further, the international rules in should not be over-stressed in the context of much an indictment of the ways in which these the book is divided into two broad sec- sions. for example, in cases where there has dom to choose one's identity affiliations is the tance of addressing conflict of laws issues in the sumer sales, such as that in chapter 13 on choice tion, the internal divisions of china and korea kissinger-esque dissection of how us foreign of international human rights law. sands, while ments about justice, and through his rigorous novice will appreciate. tures in human values, professor martha identity. tion on piracy is in need of improvement. the opment of international law and the theories validation of its then prospective actions. inter- instigation of the use of sexual, racial, religious relatively narrow waters or semi-enclosed seas what kind of activity constitutes torture. sands book reviews second, the corpus of international law has cantly in recent years. accordingly, a scholarly plicity and innocence. sands knows his audience and immovable property in chapter 1. the next described clearly by words alone. the position jurisdiction in international law. while sands institute, national university of singapore. he of the same grounds in its chapter 18. prac- where the debate (discussion) is disconnected sale of goods in the conflict of laws reads international relations for two main reasons. the international maritime bureau in malaysia as the ill, the elderly and the disabled, should ment over his work from within the framework includes in her capabilities list many of the enti- yet modest interpretation of the use of force that the parties have agreed as to a choice of chapter is dedicated to e-commerce sales. chap- notions of social justice. traces parts of history to point out that while nonetheless, this book is still a significant chapter of the book thus extols the "freedom it should be noted that, although published automatically implicated. this reviewer is not western theories of social justice begin with the 2006. xx + 215 pp. hardcover: us$24.95] to the bush administration. these pieces of international rules, choice of law rules for the india [2001] a.i.r. 2337 (s.c.), on the entitle- on gullible people, championed by proficient tee. the author notes that whilst the agreement scarborough reef, whilst the third reviews the is refreshing to have an international lawyer is the first concerning the chinese traditional apart from an exhaustive account of issues level', and in the process, should not sacrifice the sively by american law and that american law national law in trade linked international issues which, whilst relevant to international sales, are rules that presently exist in the united kingdom, rules on conflict of laws. this is necessary as a book is intimidating but the authors clearly rise and changing dilemmas of the day, capable of material and institutional support, beyond mere advices. indeed, sands speculates whether these and exclusive sense of belonging to a group, will be clearer than a proper law rule. apply- of many cogent examples, that the three issues the choice of law rules as they apply to partic- law rules for the transfer of property from the important questions of social justice posed by examples. more importantly, sands argues that some other arguments are also less con- inal court (icc). he describes the pinochet true but inconsequential since the contractual jurisdiction over immovable property has influ- in splendid isolation. to many non-westerners the south china sea, and the gulf of tonkin. sions with use of a lifetime's worth of "behind profound tension in the rawlsian dual alle- work devoted to east asia and the law of the nussbaum rightly points out that no social a legal perspective: accounts are given of its intangible property. world's climate change problems and that the welfare of the poor, he is equally deft in polit- the los convention. it provides the bench- nation-state as their basic unit, it is inevitable not explain the manifestation of us foreign tort on the grounds that it generates too much readers with a more balanced perspective. is capable of being leveled against the lex loci nomic law and in particular international trade of the context of international sales. there are i regulation, the brussels convention and the interest analysis/realism to describe the dilemma proper law has not managed to capture the judi- tion before examining the relationship between today, east asia is a key area in the world, finally, the bush administration has advanced explains that the kyoto protocol is a small into communities based on a single dimension nor does it lie in its attempt to apply old, 676). the same is true of much of the text. the however, sands fails to provide an adequate dis- national sale of goods in the conflict of laws the legal advisors from the us state depart- volume shows that good use has been made of fare of its inhabitants, the moral importance rules apply to consumer contracts as compared lawless world is generally a good read. i enforcement, and hence the brevity of the chap- ignored. he highlights great muslims who ing a situs rule, it would not matter whether sen himself is a walking example, "at the role that the us is playing in negotiation of the oughly well-researched and thought-provoking greater certainty from the perspective of the pur- with greater access to the goings-on of interna- where both parties are solvent, this would be changes in fishing patterns as the chinese indus- the book is, at least according to its title, con- some countries, sen at the same time presents vincing critique, the solution that sen then offers covers contract, chapter 17 covers tort, chapter the author, dr zou keyuan, needs little eign policy crossroads where the best path is this impassioned book that the brutalities in probably prove more useful to practitioners. provisions in the united nations charter which conception of the dignity of the human being, addressing the world and its present problems. not unique to the context. states that the current marine legal order has palestine, sen argues, are sustained by the illu- of international law is necessarily different or at subject of the book, than with who should be chapters dealing with more specialised issues of anyone with a general interest in international theory. anthony carthy's response to hardt tive task, nussbaum also sets out in some detail hold. it is relevant to note that whereas english role in her proposed reforms. the most impor- that is just as a whole; and (iii) the scope of ele- corfu channel and saiga (no 2) cases. the the south china sea, including disputes over the world are driven as much by confusion of his own war stories, for example, his per- the hague sales conventions 1955 and 1986 as arly journals between 1999 and 2003. the ten or "behind the scenes" perspective, as kissinger of state sovereignty has to be recognized. the 378 singapore year book of international law (2006) tocol's purpose by causing the us to absent thesis proposing the liberation of the choice of intuitive grasp of a particular content as hav- in introducing the workings of international law law that is possible. readership than the other. whereas, for exam- an outcome-oriented theory that starts with an similarities and differences. however, as they international lawyer (or aspiring international nature of the social psychology and the way in the substratum on which a supranational empire softcover: �12.99 and can$38.00] gests a contract among approximate equals for tional sales. the main types of disputes are like- international law has extended its reach beyond tial art' of fomenting sectarian confrontation". press, 2004), he argues (some may say quite pre- to degrading identity attributions. the final particular circumstances. one of the reasons rule on intestate succession is clearly not within lic of china (roc) relating to the territorial in explaining his position, sands relies on a clear words, this book represents a discussion of us vincing than they appear. for example, dr. similar features. he points out that, in addi- antidote to divisive extremism, the assertion culturalist thinking, challenging the thin argu- a rudimentary manner, the clash of norms and complete pursuit, of the implications of the for decades the problem of inequality in the raised are not merely academic. one such exam- sources; a table of maritime laws enacted by the volume will be of interest to all those con- professor tommy koh, "(w)e live in an imper- discovering where we find ourselves, but also titioners are also less likely to appreciate the tice from which the international lawyer distills upon, would in this reviewer's opinion have law into a primitive and patchwork system of law. some may say that he has ignored cen- towards the disabled, foreigners and animals. the applicable law. the difficulty with accepting sensibility, in particular, the close relationship owner, once the facts of the subsequent sale are generally successful in laying out a convincing the author's particular strength is his ability (e.e.z.), are examined by reference to the law turies of customary international law and state states with other maritime interests, such as specifically refers to policy statements and pro- an analysis of the icc and the bush admin- of the lex situs and to determine if it should give its antecedents in india and the muslim world, conflict of laws may well prove a useful refer- vides for interesting reflection, this reviewer can- ment and the army's judge advocate general is also no attempt in the book to examine the vietnam. law, the limits of international law unrav- on human values) by martha c. nussbaum although some of her points are, indeed, to present a good deal of information about less identities. when people acquire a strong exception. in pfeiffer, the high court specifi- some of them are not truly arguments against ment as any traditional conflict of laws textbook judgments, 4th ed. (london: lloyds of london in such a way so as to be fair to poorer and the lineage of scholarship with respect to with an introductory chapter on the nature of advice justify the use of more aggressive interro- that overrides other multi-faceted affinities. to offered by danneman, it can hardly be said that criticise lawless world as too one dimensional with the justice and respect it deserves. how- ever, i doubt that this was sands' intention. burned at the stake". sen avoids falling into the trade law is one of few areas of international ruthlessly manipulate identity claims for their tural features of the world system that stand fisheries, between east asian states. the author chapters 7 to 9 address the us war on ter- ket to hawk his wares as law, political science actually are in reconciling animals and their empire is far less material and physical in nature. tioner's perspective, however, the transfer of 382 singapore year book of international law (2006) is not clear how, and why, the many duties able to provide a good and detailed account "unlawful combatants" whose capture do not as international lawyers are familiar with. to around the political scientist/historian's perspec- some, the book should still contribute to the trig- rule in section 12 of the private international believer in secularism and democracy, a man, a the authors occasionally offer interesting solu- the scenes" perspectives to dissect the "whos" ing fisheries) and the continental shelf (including cal and economic advancement as perhaps the in, and the exploitation of, the illusion of cul- gali with bangladeshi ancestry, an american both a source of pride and joy, as well as a gen- lex fori be applied instead to choose between the nussbaum makes it clear in various parts of precursor to addressing the problems arising out lastly, there is no doubt that bringing the out of. for his purposes, he has reduced the feror and transferee typically are aware of where outside contract, the courts have yet to recog- against narrow-minded communalism is laud- uk sale of goods act 1979, highlighting their enclosed sea. the second chapter examines the of the fishery agreements between china and "the `battle of the forms' and the conflict of "the clash of civilisations and the remaking of scope, at least chronologically, and shallower in tion. the author concludes that whilst the line hence, lawless world cannot be reviewed in sands has conveyed the idea that the amer- resolutions of the outstanding disputes. he giance to classical social contract doctrine and chapters 5 and 6 discuss international eco- tional court of justice decisions are accessible and negri in "marxism and international law: from the conclusion (proposals), is that some akin to the contract/conveyance distinction that co-operation amongst states bordering a semi- is those interested in international sales, schol- part iii addresses in separate chapters the cise. international law is becoming increasing people are free to choose their own identity affil- these materials. ter 20 deals with the difficult issue of concurrent contribution to its initial work. dr zou has more than 1500 pages inclusive of contents and east asia",discusses two maritime incidents a chapter is dedicated to the transfer of contrac- tract and conveyance. chapter 5 discusses the well as the definition of sale of goods under the roman empire did. this marked a growth of some 13% from the world. sen warns several times throughout the of law for contract (at 757�759). given the a completely unrelated point. the distinction is exclusive determinant of either a person's iden- process of realising a state's interests. in a man- that, in tackling this issue, new theoretical struc- an unusual feature of the subject, at least the world community has evolved by custom, because much of its uncertainty is diminished by why capabilities should be the chosen measure. recent developments in the international crim- derived under the brussels convention on the raised by international sales in the context of marauders. once again, the significance of the points as geographical settings cannot always be high court of australia has, in john pfeiffer and social nature. the capabilities approach broadcast on cnn and bbc just as interna- of a us aircraft by the chinese air force off health, education, political and religious liberty, typing. sen traces democracy's global roots to appear to be supported by her previous discus- also many issues that, although arising in the terms as "breaches of international law by the war" as defined by the geneva conventions, but although the authors are broadly supportive of buyer and seller: jurisdiction under the ec issues. the authors also frequently provide liberty as western concepts, sen points out that may assist china in future boundary negotia- norms over state power. this sets the stage of bank of africa ltd v cohen [1909] 2 ch 129 for fers. however, the situs rule in that context practice upon its provisions. they have the existence of an international rule of law. if an issue, third parties in the form of creditors are entitlements that should be respected and imple- would have assisted this reviewer at several once again, the chinese legislation is found situs rule. academics, scholars and postgrad- wise accorded individual chapters. chapter 13 party is insolvent. yet, once insolvency becomes atively non-technical manner and laced with tlements stressed in the human rights movement: discusses these subjects within the same analyt- from the locus originis? dr. carruthers does not 10 sybil book reviews 379 terms of their populations, economies and roles in several aspects. namely, international human furthermore, it is disingenuous to look only a significant amount of ink explaining the gen- law without the need for any mental gymnas- property, that would be tantamount to simply world merchandise export exceeded us$10 tril- and appellate body decisions are increasingly of law rules for other subjects or other private international sales will do well to keep the book of the western pacific ocean, including the yel- text therefore does not address decisions such as work of the second part of the book thus serves matters arising out of the international sale literature. for example, on the issue of choice cal underpinning for an account of core human through the simplest account of international of international law which provides the subject the reader in the pre-second world war devel- capabilities as goals for every nation as well as the 1984 convention against torture cannot ical philosophy. although a firm believer in a matter of self-realisation, not of choice". sen rule may carry with it some uncertainty as to are of unequal length, with the bulk of the more practical international sale of goods in language, science, morals and politics are real to be over-stressed, but the call for restraint is in international law have their own nuances invasion was in violation of international law. the facts of each incident are set out and the it is thus a difficult endeavour to make any convention) and base their maritime law and law where the us has a history of compliance the recognition of party autonomy for contract. sen sees the dangers of huntington's thesis in law approach to the issue of choice of law, justice requires theoretical changes. it is also explains how wto dispute resolution panel of trade law. sands uses the shrimp/turtle the contractarian theories -- (i) the problem of eign policy decisions with respect to the criminal vivos transfers of property by janeen m. author about aspects of the law of the sea in east one view or the other is clearly right. been established by and is maintained under large as it brings with it the same technologi- global economic environment has to be designed ally. a nobel economics laureate, and probably recognition and enforcement. after all, it seems ter 9 deals with jurisdictional issues with respect rule that the lex situs at the point of transfer is lion in 2005 (see http://www.wto.org/english/ exceptions. perspectives of a pragmatic idealist (singapore: rights law, international criminal law, interna- interrogation of detainees are governed exclu- chapter 3 "an action in contract between the chapters examine a wide range of topics, all of theoretical structure. nussbaum is also convinc- held in cuba, which is outside us sovereign has provided the dominant framework for lib- war on terrorism in guantanamo bay and the apart from favouring a more flexible china and japan during the 1990s, as well as the tainty in applying a situs rule as there would be sands argues about the illegality of the deten- that the proper rule for choice of law in con- a sale of property in utopia was between two usual interests of coastal states, such as inshore us are not the same as those that bind other part ii, the shortest of the three parts, deals between the international law of jurisdiction world. tural identity or religious affiliation. conflict accordingly, the us and the international polit- overall, the volume gives the reader the of the original owner prior to discovery of the explanations of economic underdevelopment in and legal reference libraries. from a practi- for their sustenance. the post-1945 history forceful manner. although nussbaum sets out they are also lawful under international law. new york: routledge, 2005. xvi + 240 pp. whetting his readers' appetite for international his aims to inform the reader about the out- highly unlikely that anyone would refer to this future of greater justice for all. and political tyranny, as well as exposing the doha round. laws" in f. rose, ed., lex mercatoria -- essays least nuanced. political cover for the bush administration. peking university under the supervision of pro- practice. with examples of opinio juris and state prac- problems arising out of a transfer of contractual take the opportunity to address the failure of property in the conflict of laws will likely press, 1996). the success of this book lies in its a substantial portion of the book is devoted well-being is likely to be dramatically lower than press, 2005) should a problem with recognition atively thorough" assessment of the line from of international politics should be, and what a under such circumstances. each type of claim as well as some specialised failing to draw. mutual advantage, is not without its limitations, boundary disputes, there are three chapters atlantic charter as his analytical starting point large populations who depend upon seafood there is no greater certainty from the perspective ist interpretation of global imperial power that recognizing the securing of rights as an affirma- grounds that the alternative forum for trial was amount of pollution the corporations in a state as a choice of law rule. fect world. it is not, however, a lawless world. united states". however, if i were to attempt to the breadth of the subject-matter of this simplicity and ease of reading that allows the political system in every country should do its meate beyond the bookshelves of international situs, from the jurisdictional mo�ambique rule ably, kissinger was able to reach these conclu- from the scope of the book is an extensive dis- work to govern themselves by law -- has had feminist, a heterosexual, a defender of gay and who did not consent to the removal of the prop- tion of singularity been so successful? neither is however, anyone familiar with the conflict of shipping. amongst the global powers, inter- capabilities up to some reasonable threshold "the monolith" (see, e.g., at 194). although of lords decisions in the pinochet case were leveled against the situs rule demonstrates that hardt and negri, the empire is not the state. consider multiple connecting factors and deter- to the lex loci originis even when he is not aware of conflict of laws, the authors also frequently analysis of the "basic marine laws of main- holistic and have ramifications beyond the realm international law. to commercial contracts, reflecting different pol- to think", linking the prospects of peace in of the role of us hegemony. in colossus: the intended to be a draft national measure for the and diversity of identities can thrive. there tious task, lawless world had to be narrow in ing out the connection between cultural bigotry passion, rather than that of justice. nussbaum the doha round of wto negotiations and the treatment of detainees. in particular, he pro- been stolen from him and sold abroad to deter- standing issues and to suggest solutions to them. to detain these "prisoners" because the guan- a proper law rule. many cases of transfer will between people and decent life opportunities. ted the us case against iraq before the united in 2005, the law is stated as at 1 june 2004. the 20, which deals with the issue of choice of law hardened sense of identity or affiliation, foment to the bare language of human rights, , she is not the lex loci originis. this effectively reverses the and shallow. yet again, the international law reviewed by kelvin f.k. low choice of jurisdiction clause in favour of a for- postgraduate/advanced students of the subject, otherwise domestic. the one notable omission military uses of the e.e.z. could be clarified tors are obviously less worthy of protection from ruthers sets up as arguments against the situs and adopted by treaty, a very considerable body proposals set forth by dr. carruthers, her 10 sybil book reviews 375 ers restitution. as was the case for jurisdiction, other hand, will find the transfer of property ment of foreign judgments. the three parts of states outside the region in regard to some tions. the book accordingly addresses cases of library of titles in the oxford private interna- over immovable property. according to dr. the start of the 21st century, stood at a for- other choice of law rules, controls both jurisdic- the traditional english rules"), (2) tortious ner that applies "game theory" to international men, but who are not covered; and there is ment, recognition and protection of the rights of and does not over-reach or over-extend the legal sonal experience acting as amicus curiae in the tional forms of identity, or how to ensure that ter. as the authors explain, few sales specific ingly exposed to the international law aspects of pressures that drive us foreign policy is not innovation, the "democratisation" of interna- coastal states concerned in these fisheries have uncertainty. open dialogue between mainstream muslim and part i ("jurisdiction") of the book opens with towards discrimination and inter-group strife cally. for over 30 years, the work of rawls views the us "empire". in his view, us "impe- to international sales. for example, chapter delve into the relevant substantive laws, not 10 sybil book reviews 387 both kissinger and ferguson have provided the transfer of property in the conflict (2006) 10 sybil 373�387 � 2006 singapore year book of international law and contributors vating the issue of the treatment of non-human the book that she has the greatest respect for we have no direct moral duties to animals or norms should be discussed. hence, sands does a leading international law professional. identity and violence: the illusion of destiny the applicable law even though the transaction is eign policy that are illuminating and yet easily for the choice of law rules on the transfer of school of thought. the contemporary world to the recognition of frontiers of justice: disability, nationality, 376 singapore year book of international law (2006) describes the legal limbo that these detainees of an inadequate basis for thinking about justice in part v by an essay examining china's prac- tonkin between china and vietnam. reviewed by jeremy leong for the 21st century (new york: simon and the book also demonstrates, through the use foreign policy from an international law context however, this part of the book proves to be singular, and reactive, mode of thinking. in both chinese and english. the content of the chapter least specific to the subject-matter of ideologies of hate typically categorise people dominant framework of rawls. it lays out in substance. appears that such deference prevented her from dispute between china and the philippines over any dispute. party autonomy in bilateral dis- trusted authorities in order to open new win- tions in the east asian region and the peaceful the choice should be tested against both puta- law (oxford: oxford university press, 2006) in a particular state. the work of rawls. however, in other parts, it message was clear. the us was seeking legal originis. why should the purchaser be subject species membership (the tanner lectures accession to the kyoto protocol. or whether they were manufactured to provide problems arise in relation to recognition and sea, the contiguous zone, the e.e.z. (includ- clusion, the lex situs continues to play a key ple's republic of china (prc) and the repub- event, and since both parties are solvent, con- utilitarianism in expressing our considered judg- tury?" (2004) 17 leid.j.int'l.l. 247 is one such cal disabilities; (ii) the scope of extending justice nificant elements in the muslim tradition being of analysing this issue by providing an internal modern institutional forms of democracy are explains in his preface that for him, singapore istration's attempts to frustrate the operation take distribution into account. neither does it summarises the outstanding boundary issues in this is followed by a number of lengthy, but of laws: choice of law rules in inter mine if the situs rule is any more certain than claims. the remaining two chapters, chapters pinochet decision as a triumph of international and other forms of identity and turning it into a the book. whereas the rest of the book spends columbia university press, 1979), professor mon. in his book, kissinger utilises the clash jurisdiction. chapter 5 concerns jurisdictional cerned with the law of the sea worldwide, as and what special considerations the context car- dictions, to assist in an understanding of the choice of law methodology, historical develop- international law, or at very least the fact of its japan and between china and vietnam, as well cial balancing of multiple connecting factors, fact that the waters have the status of e.e.z. a play on words. the situs rule, as a single explain, "international" for the purposes of the prits of the state of the world, us president bush who obsessively regard democracy and personal this proposal suggests that whereas a bilateral refers to some literature to argue that an enrich- proprietary right over democratic ideas". thus, apart from these five chapters, there are three significance of the fact that the waters of the prove a less useful source of reference than the critique of current trends in communitarian and becomes important. she therefore argues that beyond merely being critical of the idea of which are grounded directly in the needs of the that `trusteeship' actually implies in practice. it aspects of dr. carruthers's proposals do not worldwide as its economy has grown signifi- sovereignty in the case of certain islands and world, and how it is possible to realize a world most of the states in the east asia area, stretch- ing it; the reactions and legislative claims of rules while international trade law is governed arises when both putative laws would determine gests that "one would not include in the first care for the weaker members of society, such laws is both the thickest and the most expen- great-grandson, aurangzeb, was intolerant of surely correct. chapter nine addresses the age- the international. a more in-depth advice pro- by either parliament or europe. it has also such as kosovo, bosnia, rwanda, timor leste, way to a more efficient and fairer choice of law vate international law series, weighing in at and violence, in places such as kosovo, bosnia, choice of law methodology followed by an east asia as a whole. the interdependency of liberties and economic quite extensive in europe, and heretics were still is a positive achievement, there are still gaps: human dignity - by providing the philosophi- provides a remarkable and distinct counter- non-chinese speakers. the author does not uate/advanced students of the subject, on the ern practice of democracy has never developed that the property has been wrongfully removed book, dr. carruthers also addresses the 10 sybil book reviews 377 sound, this reviewer does not share dr. �75] empire (in both military and economic terms) land china and taiwan".the writer is able it very difficult for the proper law rule to take sen suggests that each person is a composite ulating migratory fish stocks. the picture in eign jurisdiction or a choice of foreign law as ambitious project -- tackling three urgent, and another state. sive addition to the ever growing oxford pri- scoff this proposition as being simple-minded. attempted. lawyers and onto the nightstands of basically special geographical position and cultural back- tractual remedies would be sufficient to address species of the human rights approach and that establishing maritime boundaries or regulating and historical analyses conflate into basic social where as the senior judge he made a valuable is reviewed, including the adjustments required affair in stark and simple terms and hails the fices to recall that he studied the subject at gering of more systematic thoughts into: (i) the it is also very much a lucid and convincing sonal experiences in each aspect of international further, sands dismisses the legal arguments abided by, global hegemon or not. cynics may the rawlsian notion that they are duties of com- rwanda, timor leste, sudan, israel and the tions, concessions will be needed to reach agreed carruthers [oxford: oxford university monolith. although the criticism leveled against ping consensus among people who otherwise tract must be reconsidered in the light of these been observed throughout the world. the west- monograph does expose the failings of many mughal emperor and champion of religious tol- est in china, in particular, continues to increase asia and previously published in different schol- chapter 8 summarises the arguments for and ally convincing by adopting a broad conception gharib prison in iraq and guantanamo. sands (i.e., that the legal obligations that bind the tions. in the first section, nussbaum analyzes chaser. even from the perspective of the original or why some people so easily succumb to irra- ascertained, the situs rule provides greater cer- in the conflict of laws a rich source of ideas 10 sybil book reviews 385 carruthers, this is because the situs rule, unlike which nonetheless affects quality of life, such as human capabilities in the region in which they the crude measure of gnp per capita does not breaking of global rules by philippe sands we know it today. nonetheless, chapter 1 ter could have been omitted with the authors whether utopian or ruritanian law applied in weakens the arguments in favour of the lex situs explores the destructive cycle of mutual stereo- resent a segment of scholarship that revolves well correlated with economic advantage, but erty to a different jurisdiction, the same criticism place at a time when the "inquisitions were the possibility that trade law may be used in choice of law would govern the contract in any identity reduces the world to "if only implicitly, taiwan strait have the status of e.e.z. appears laws (reviewed elsewhere in this same volume at is that this approach is illogical and even dan- a choice of law perspective compared to third ing in setting out the defectiveness of the logic first "maintaining the marine legal order in for it. at best, sands has identified two main cul- choice of law ought not to affect third parties piloting an airplane on land. the purpose of for better co-operation amongst the countries in 15 and 16 deal with the hague conventions and the least clear of her exposition on the three impose any additional legal obligations beyond jurisdiction of states against human rights vio- tional law today, i would start with a quote from aspects of his book. in this book, sands' posi- sary consequence of globalisation, technological whilst the defence of humane pluralism justice, while necessarily abstract to enable lived its usefulness. a mere 7 pages are dedicated of some old attitudes and some long-standing arguments, how her capabilities approach can tables. although the series is intended for both reverse trap, through highlighting that akbar's of liberal political philosophy. nussbaum is ten for the political scientist/historian. in other much more like a traditional textbook, and will in the region. he provides a table of mar- tive. undoubtedly, the international lawyer beyond the nation state to all citizens of the book and never professes to be so. lawless nussbaum's approach is that theories of social perspective. power and politics are inextri- those found under american law. hence, if and its history. sands has chosen to use the way and is a worthy addition to the growing tice with regard to historical maritime claims. surrender of the situs rule to a flexible proper ent in a proper law approach. the problem and the bush administration with respect to isolation, immutability, or even destiny. cogent examples, establishing why her capabili- relations and international law. has less to do with whether immovable prop- the provision of crews and bunkers to world hindu thinkers. he also advocated the tenet explain why the lex loci originis is to be favoured withdrawal of the us from the kyoto protocol undeniable that a contract for mutual advantage the chapter suggests that the situs rule has out- tional relations. millions witnessed the former law, sands peppers his book with a healthy dose hardcover: �65] ties approach should be another member of the the situs rule at all. for example, dr. car- their time, must also be responsive to the real south, have become states parties to the united cally disapproved of the proper law theory for the international sale of goods: jurisdiction"). choice of law; and recognition and enforce- may emit or the price of tuna or bananas or beef from elsewhere in europe. the result is a thor- need a foreign policy? towards a diplomacy instances of torture in guantanano bay and by an international law practitioner which aims overall, although dr. carruthers' thesis pro- possible solutions to them, in accordance with tual rights and obligations (chapter 14) and a which such a one-dimensional view of human of the factual matrix of the issues, ignores the tory and thinking and, at the same time, to to the challenge. in the introduction, the authors no person should be used as a mere means of as one of the most distinguished theories in the nations convention on the law of the sea (los question why has the cultivation or exploita- well as a fishery agreement between china and although not ostensibly the subject of the legislation and the terms of the los conven- audience. he is able to explain chinese his- necting factor be applied to all cases decided laws by james fawcett, jonathan harris eral theories of justice, and is generally regarded be a prominent focus of the world community. mostly persuasive, essays, presented in a rel- book of the great dangers of grouping such ing identity need not only be obtained through law scholarship. of bilateral maritime agreements, mainly those tion of the law of the lex situs, so much so that quite successful in setting out a convincing flow jurisdiction (the lex loci originis) followed by a of free choice, and the view that faith cannot understands that international law can affect the tional polity and the increasing role of private and their citizens" (tommy koh, "can any enterprise and ownership. lugano convention are also highlighted. the ment that a "dominant communal theory is only carruthers moots the abandonment of the situs context of international sales, are not unique that akbar's advocation of religious toleration sale of goods under both the un convention as already noted, a significant part of the nouncements by the bush administration on the tribunal for the law of the sea in hamburg, sen points out how sectarian hatreds, in places carruthers's conclusion that the arguments in sea, and particularly to china, is both welcome explain the international law position of torture, taxation on these practitioners in the late 17th ken by the united states, goldsmith and posner the political scientist/historian to provide him the international sales context, such as the dif- united kingdom. ical framework despite the fact that these topics ous rebuttal of the clash of civilisations theory. the vienna convention respectively. tity, or the beliefs he holds. it is inevitable between china and the us. in general, the work ical framework that the us has created is only in chapter 9, sands addresses the instances politicians for inter-group conflict and violence. today. in so doing, sands has does not engage who is to say what law is to apply where a span- development', instead of the idea of develop- with the recognition and enforcement of foreign decade. yet, while sands has identified the phe- ish thief stole a painting from an englishman's also suggested, at least so far as bilateral disputes kissinger, ferguson, hardt and negri rep- the jurisdictional land taboo is sound, it is ques- rorism and the legal consequences behind the reviewed by tey tsun hang struggle that the us faces as a global hege- lawless world is read in this manner, gold- powers and several other major countries in in chapter 1, sands provides the reader sovereignty, jurisdiction and human rights the world order", that downplays the diversity of the 21st century, lawless world exudes a bly another jurisdiction prior to relocation to the best to secure `many or even most of the human tant aspect of dr. carruthers's proposal is the between foreign policy moralism/idealism and agreed, the whole area is within the jurisdiction single label. to add to the advancement of the rawlsian of many affiliations, and that identities can be law. while sands' arguments are fairly detailed weaker and poorer members of the community.