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55 German Y.B. Int'l L. 721 (2012)
Extraterritorial Application of Human Rights Treaties

handle is hein.journals/gyil55 and id is 722 raw text is: BOOK REVIEWS 721 that leads to the ultimate aim to which they themselves aspire. There may be other solutions to those disputes (420-422), but in an unchecked fashion, those solutions may only exagger- ate the anarchy and conflict that a legal order is designed to prevent and avoid. In brief, the book tackles issues that are both fundamental to the system of international law and recalcitrant to solve for international lawyers. The generalisations exposed in the book, reached by the author on the basis of a solid grasp of all factors that infused in the then international society, has given the book a vigorously analytical style, reminding us of the German tradition in the study of law. The logical completeness of the narrative has not been achieved at the expense of detailed examination of important incidents of State practice. On the contrary, the close reasoning of each section and chapter is based on a formidable learning of current affairs, history, and doctrines. The light which the book throws upon the issues of non-liquet or the distinction between legal and political issues in international relations is as illuminating as it is enduring. It may be lamentable, but strikingly true that it heralds the end of jurisprudence and grand theory, and the book is the last book on international theory (xliii). From then on, legal pragmatism takes the reins. The book is thus not only a classic, but a jurisprudential gem for those who are about to enter the profession of international law. For academic lawyers in particular, the book will remain a standard reference book on the questions of non-liquet, Rule of Law, and the nature of international community in the traditional mode of coordinating subjects, as well as on the history of modern international law in its development towards a mature and advanced legal system. Its inspiration will linger for years to come. BING BINGJIA Professor of International Law at Tsinghua Law School Marko Milanovic: Extraterritorial Application of Human Rights Treaties. Oxford Uni- versity Press, Oxford, 2011, xxiii + 304 pages, ISBN 978-0-19-969620-8. In this treatise,Marko Milanovic deals with a highly relevant question of modern interna- tional law: when is a State obliged to fulfil its human rights obligations towards individuals located outside its own territory. The book is confined within the area of civil and political human rights. Although the book deals with all human rights treaties in this field, e.g. the International Covenant on Civil and Political Rights or the Convention against Torture, its main focus is on the highly developed jurisprudence of the European Court of Human Rights (ECtHR) in this area. The book is divided into five chapters, with the second and fourth chapters constituting the core of the book. After a short introduction, Milanovic convincingly illustrates the meaning of the term 'jurisdiction' as used in human rights treaties. As a starting-point the author uses the Bankovic decision of the ECtHR, in which the court held that the term 'jurisdiction' in human rights law has the same scope as 'jurisdiction' in general international

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