The UN Convention on the Rights of Persons with Disabilities by Oddný Mjöll Arnardóttir and Gerard Quinn (eds)
| DOI | http://doi.org/10.1111/j.1468-2230.2009.789_3.x |
| Published date | 01 January 2010 |
| Date | 01 January 2010 |
event of a breach. In his view, the real di¡erence between cases where the law
allows restitution to aparty in breach of contract and those where it does not lies
in the form of the bene¢t provided. In particular,there is a concern that the provi-
sion of any restitution gives the appearance of partiale nforcementof the contract.
Baloch reasons that the relief should instead be viewedas reversing the transfer of
a bene¢t.It is unclear that the problem canbe sidestepped simply by being recon-
ceptualised in this way. However the matter is characterised, theprovision of res-
titution hasthe same e¡ect as compensating partialperformance. Moreover, given
that permitting the apportionment of bene¢ts in the form of services may be
liable to encourage costly disputes, it may be simpler to favour a rule that
encourages compliance with contracts and denies relief, even if this will on occa-
sion result in injustice.
This monograph is easy to recommend to those interested in the relationship
of restitution and contract.There is much to admire in the historical depth and
analyticalclarity that the author hasbrought to this subject.
Craig Rotherham
n
Oddny
ŁMj˛ll Arnardo
¤ttir and Gerard Quinn (eds), The UN Convention on the
Rights of Persons with Disabilities,Leiden: Martinus Nijho¡ Publishers, 2009,
319 pp, hb h75.00.
In late 2006, the UN Convention on the Rights of Persons with Disabilities
(hereinafter CRPD) was adopted by the General Assembly. A landmark in the
struggle of the disability rights movement, the CRPD has strengthened the legal
protection a¡ordedto disabled persons byestablishing a human rights convention
tailored totheir speci¢c claims and circumstances.
This volume is a collection of twelve essaysoriginally presented ata conference
held at Reykjav|¤k University in September 2007.It is a ground-breaking attempt
to assess the full impact that the CRPD will haveon both the law andthe lives of
disabledpersons. In the words of the editors, these collectedpapers revolve around
several‘cross-cutting themes’ (xvii) which give an idea of the scope and ambition
of this book.These themes cover the vindicationof the social model of disability,
the interdependency of civil and political rights and social and economic rights,
the evolution of equalityand non-discrimination law in Europe, as well as issues
of implementation and monitoring of, and reservations regarding, the CRPD.
It is clear from the start that this volume aims to cover a lotof ground in dis-
ability studies post CRPD, and the individual contributions never fail to reward
the meticulous reader.The book is organised in three parts. Part One, which is
more introductoryin character,provides a detailed account of both disability stu-
dies and the CRPD inparticular.The paper byTraustado
¤ttir on disability studie s
is commendable as a lucid account of disability studies and the typologies of the
social model of disability. Moving to the CRPD itself, the chapter by Stein and
Lord gives a helpful overview of the CRPD and then proceeds to explore its
n
School of Law,University of Nottingham
Reviews
164 r2010 The Authors. Journal Compilation r2010 TheModern Law Review Limited.
(2010) 73(1) 155^173
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