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 @ The Author(s) 2018. Published by Oxford University Press. All rights reserved.

Anthony Carty, Philosophy of International Law (2 nd edition), Edinburgh University Press,

2017; iv, 300 pp., ISBN 978-0-7486-7552-4

1. The first edition of Philosophy ofInternationalLaw was published in September 2007.

Yet for Anthony Carty, the author, "The questions which I set for the first edition have
continued to preoccupy me since, and indeed continue to preoccupy me." After 10 years
of ongoing reflection, the second edition of his Philosophy ofInternationalLaw was finally
published. Philosophy of InternationalLaw (2 nd edition) continues to focus on the rela-
tionships among countries and can be said to be an interdisciplinary work involving sub-
ject knowledge of political philosophy, philosophy of law, anthropology, epistemology,
ethics, phenomenology and hermeneutics and to provide criticism on legal positivism,
which currently dominates international law. It attempts to provide a new theoretical
foundation for international law in an era filled with uncertainty.
2. Carty can be said to be one of the leading scholars in "critical international law". As
early as 1986, he published the famous book The Decay of International Law:
A Reappraisalof the Limits ofLegal Imaginationin InternationalAffairs. To this day, he be-
lieves that "the structure of sovereign relations remains the basic problem that interna-
tional lawyers face today" (p.7).
3. This new edition is a continuation of Carty's thoughts in this field. In addition to a
valuable introduction titled "What Place for Doctrine in a Time of Fragmentation?" by
Carty, the book comprises four parts. The first part addresses "Continuing Uncertainty
in the Mainstream"; the second part is titled "Towards a New Theory of Personality in
International Law"; the third part covers "the Existence of States and the Use of Force";
and, finally, the fourth part discusses certain aspects of "International Economic/
Financial Law."
4. The logical starting point for the study of critical international law is the origin of in-
ternational law, and this book is no exception. The introduction and the first chapter of
this book discuss how international customary law became a formal source of law among
sovereign states. Carty believes that the interpretation of treaties and written agreements
is an issue; every country is inclined toward unilateral interpretation of the treaties, i.e.,
toward interpreting them in ways beneficial to itself (pp.7 0 , 150-151). As for interna-
tional customary law, there exist serious issues. General custom must arise out of State
practice, but "a surprising difficulty can arise when one sets oneself precisely the task of
describing what is the State practice itself' and finding that States have, in some sense, a
legal conscience or sense of conviction (p.3 6 ).
5. The book discusses the relationship between history and law (pp.42-45). At the end
of the first chapter, citing Habermas's discussion of theories of the public space and insti-
tutional rationality (pp.53-6 0 ), Carty notes that there are still many uncertainties in the
current sources of international law. Because "the issue of sources is acutely interrelated to
that of the subject of law" (p.5 8 ), one must "have a much more comprehensive picture of
the nature of the State" (p. 6 0), namely so-called Statehood.
6. In order to fundamentally rethink the concept of personality in international law,
Chapter 2 criticizes some conventional theories of States, such as seeing the State as a cor-
porate entity. In this section, the book once again emphasizes that "[t] his structure of sov-
ereign relations remains the basic problematic that international lawyers face today. The
origin of the State is a question of fact rather than law." Carty said it has always been his
wish to argue that international legal concepts have been embedded in political theory,
namely, probably long-forgotten projects to give meaning to public life (p.7 0 ).

16 ChineseJournalofInternationalLaw(2017), 845-849
846 ChineseJIL (2017)

7. Having argued that "there is no agreement about the legal significance of recogni-
tion" (p.7 0 ) among Sovereigns in Chapter 2, Chapter 3 examines Paul Ricoeur's philoso-
phy of recognition. After the discussion of Ricoeur's idea of "identity", "the person",
"moral", "ethic", "norm" and "responsibility", the book continues, "the dynamic of inter-
national legal argument and the normative development of international law is to be
found in the embedded historical contexts of the individuals and communities they are
both supposed to ground" (p. 1 67).
8. As the main section of the book, Chapter 3 also discusses certain contemporary
State relationships in practical terms. It describes methods of understanding the vicious
cycles of "bad relationships" between certain communities and others they know little of.
Carty draws his readers into the forefront of contemporary thought in this field and in-
spires them by mentioning the works of some remarkable academics as well as their
thoughts and views. For example, the book introduces Barry Buzan's security theory and
the significance of the phenomenology of international society to reflect on using force. It
also introduces two works-Robert Jewett and John Shelton Lawrence, CaptainAmerica
and the Crusade againstEvil, and John Lewis Gaddis, Surprise, Security and the American
Experience-thatreflect the underlying structure ofAmerica's politics, society and culture.
The Middle East strategy, the "war on terror" and the use of drones during Obama's
terms are the subjects of an interesting discussion in Charles Savage's Power Wars: Inside
Obama' Post-9/11 Presidency.
9. After devoting a major part of the chapter to describing the "war on terror", the
book emphasizes the significance of admission, dialogue and understanding.
The brutality of war is not lost on us. It is time to address specifically against whom the
"war on terror" is being waged; "it is also time to address the contexts, above all relational
and historical, which are engaging the US and other Western, that is, European states, in
the war with large areas of and populations of the Middle East" (p. 2 13). The last chapter
of the book discusses the impact of neo-liberalism on the global economic and financial
situations.
10. Carty's Philosophy ofInternationalLaw explores the root of some problems existing
in today's international relations, with unique views and methods. As an international ju-
rist and philosopher, he defies some general beliefs with his bold critique of the effect of
international law, theories of States and the existing international legal order. The author
admits that, "Philosophy of international law is not a 'method' of coming up with 'legal
solutions' through interpretations of existing norms. Nor is it offering ready-made ethical
platitudes about 'listening to one another' and 'understanding one another"' (p. 2 1 6).
Meanwhile, the book stresses that the state is a community of history and culture and
that international law and international relations are intertwined with the exploration of
history and culture. These are things that we should consider carefully. And the book's in-
terdisciplinary viewpoints and multidimensional thinking are very inspiring.

HE Tiantian
Institute ofInternationalLaw, Chinese Academy ofSocial Sciences
Advance Access publication 11 January 2018
doi:10.1 093/chinesejil/jmx033