Law of the Sea in East Asia: Issues and Prospects by Zou Keyuan

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