Justice, Legitimacy, and Self-determination

Moral Foundations for International Law

Author: Allen E. Buchanan

Publisher: Oxford University Press on Demand

ISBN: 0199297983

Category: Law

Page: 507

View: 6068

This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, 'the right of self-determination of peoples,'human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make justice, not simply peace, among states a primary goal, andrejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpowerpursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science,international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach orsubject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan

The Heart of Human Rights

Author: Allen Buchanan

Publisher: Oxford University Press

ISBN: 0199325405

Category: Philosophy

Page: 208

View: 2512

This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.

A Political Theory of Territory

Author: Margaret Moore

Publisher: Oxford University Press

ISBN: 0190845791

Category: Philosophy

Page: 280

View: 9230

Our world is currently divided into territorial states that resist all attempts to change their borders. But what entitles a state, or the people it represents, to assume monopoly control over a particular piece of the Earth's surface? Why are they allowed to prevent others from entering? What if two or more states, or two or more groups of people, claim the same piece of land? Political philosophy, which has had a great deal to say about the relationship between state and citizen, has largely ignored these questions about territory. This book provides answers. It justifies the idea of territory itself in terms of the moral value of political self-determination; it also justifies, within limits, those elements that we normally associate with territorial rights: rights of jurisdiction, rights over resources, right to control borders and so on. The book offers normative guidance over a number of important issues facing us today, all of which involve territory and territorial rights, but which are currently dealt with by ad hoc reasoning: disputes over resources; disputes over boundaries, oceans, unoccupied islands, and the frozen Arctic; disputes rooted in historical injustices with regard to land; secessionist conflicts; and irredentist conflicts. In a world in which there is continued pressure on borders and control over resources, from prospective migrants and from the desperate poor, and no coherent theory of territory to think through these problems, this book offers an original, systematic, and sophisticated theory of why territory matters, who has rights over territory, and the scope and limits of these rights.

Sovereign Equality and Moral Disagreement

Author: Brad Roth

Publisher: Oxford University Press

ISBN: 0195342666

Category: Law

Page: 303

View: 8238

The boundaries of the international order's pluralism remain variable, and relative convergences in both values and interests over time have led to the broadening of exceptions to sovereign prerogative, such as jus cogens, universal jurisdiction, and humanitarian intervention. With little prospect of these long term trends diminishing in either momentum or scope, this book weighs in to consider the enduring importance of sovereignty.

Order and Justice in International Relations

Author: Rosemary Foot,John Lewis Gaddis,Andrew Hurrell

Publisher: OUP Oxford

ISBN: 0199251207

Category: Political Science

Page: 313

View: 9423

This work analyses the relationship between international order and justice in the study and practice of 20th and 21st century international relations. Particular attention is given to the topic of globalization.

Kant and the Law of Peace

A Study in the Philosophy of International Law and International Relations

Author: C. Covell

Publisher: Springer

ISBN: 0230501869

Category: Philosophy

Page: 237

View: 8264

Kant and the Law of Peace is a critical examination of the jurisprudential aspects of Kant's international thought, with reference to the argument of his treatise Perpetual Peace (1795). Kant's international thought is situated in the wider context of his moral and political philosophy. Particular attention is given to explaining how Kant saw law as providing the basis for peace among men and states in the international sphere, and how, in his exposition of the elements of the law of peace, he broke with the secular natural law tradition of Grotius, Hobbes, Wolff and Vattel.

Human Rights, Legitimacy, and the Use of Force

Author: Allen Buchanan

Publisher: Oxford University Press

ISBN: 9780199741663

Category: Philosophy

Page: 352

View: 3290

The thirteen essays by Allen Buchanan collected here are arranged in such a way as to make evident their thematic interconnections: the important and hitherto unappreciated relationships among the nature and grounding of human rights, the legitimacy of international institutions, and the justification for using military force across borders. Each of these three topics has spawned a significant literature, but unfortunately has been treated in isolation. In this volume Buchanan makes the case for a holistic, systematic approach, and in so doing constitutes a major contribution at the intersection of International Political Philosophy and International Legal Theory. A major theme of Buchanan's book is the need to combine the philosopher's normative analysis with the political scientist's focus on institutions. Instead of thinking first about norms and then about institutions, if at all, only as mechanisms for implementing norms, it is necessary to consider alternative "packages" consisting of norms and institutions. Whether a particular norm is acceptable can depend upon the institutional context in which it is supposed to be instantiated, and whether a particular institutional arrangement is acceptable can depend on whether it realizes norms of legitimacy or of justice, or at least has a tendency to foster the conditions under which such norms can be realized. In order to evaluate institutions it is necessary not only to consider how well they implement norms that are now considered valid but also their capacity for fostering the epistemic conditions under which norms can be contested, revised, and improved.

The Thin Justice of International Law

A Moral Reckoning of the Law of Nations

Author: Steven R. Ratner

Publisher: OUP Oxford

ISBN: 0191009113

Category: Law

Page: 500

View: 6180

In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

The Philosophy of International Law

Author: Samantha Besson,John Tasioulas

Publisher: Oxford University Press

ISBN: 0199208581

Category: Law

Page: 611

View: 5118

This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.

Overcoming Poststructuralism

Rawls, Kratochwil and the Structure of Normative Reasoning in International Relations

Author: A. O'Loughlin

Publisher: Springer

ISBN: 113738073X

Category: Philosophy

Page: 281

View: 7457

Through the use of a poststructuralist perspective, Antony O'Loughlin challenges the most basic tenets of International Relations Theory and deploys Rawlsian ideas of public reason in conjunction with Kratochwil's conceptions of practical reason in order to put forward a theory that overcomes the challenges posed by poststructuralism.

Legitimacy, Justice and Public International Law

Author: Lukas H. Meyer

Publisher: Cambridge University Press

ISBN: 1139482106

Category: Law

Page: N.A

View: 3139

Do states or individuals stand under duties of international justice to people who live elsewhere and to other states? How are we to assess the legitimacy of international institutions such as the International Monetary Fund and the United Nations Security Council? Should we support reforms of international institutions and how should we go about assessing alternative proposals of such reforms? The book brings together leading scholars of public international law, jurisprudence and international relations, political philosophers and political theorists to explore the central notions of international legitimacy and global justice. The essays examine how these notions are related and how understanding the relationships will help us comparatively assess the validity of proposals for the reform of international institutions and public international law.

Social Justice

The Moral Foundations of Public Health and Health Policy

Author: Madison Powers,Ruth Faden,Ruth R. Faden

Publisher: Oxford University Press

ISBN: 0195375130

Category: Medical

Page: 248

View: 888

This volume develops a theory of social justice for the specific context of health care policy, although it can also be applied to education, economic development and other social policy issues where resources are limited.

On Rawls, Development and Global Justice

The Freedom of Peoples

Author: H. Williams

Publisher: Palgrave Macmillan

ISBN: 9781349325771

Category: Philosophy

Page: 242

View: 866

John Rawls' text The Law of Peoples has inspired extensive scholarly debate in the field of international political theory, since its publication in 1999. Responding to the arguments of cosmopolitan theorists and Amartya Sen's recent critique, this new work presents a fresh appraisal of the debate, and argues that Rawls offers a persuasive and prescient moral perspective on issues of global poverty and development. By elaborating one of Rawls' core ideas, 'the duty of assistance', the book offers a unique theoretical response to the ideal of global justice. The duty is presented as a far-reaching principle of justice, one that advocates increasing the state capability of burdened societies, and aims to compel the most powerful states to reform international structures and provide aid, in a constructive and culturally sensitive manner. The aim of assistance is the strengthening of democratic, or 'decent' indigenous institutions and the promotion of the freedom of peoples. On Rawls, Development and Global Justice is an original contribution to current debates on international redistribution, democracy promotion and global poverty.

International Law for International Relations

Author: Basak Cali

Publisher: Oxford University Press

ISBN: 0199558426

Category: Law

Page: 431

View: 8461

The breadth of international law and institutions in contemporary global politics means it is no longer possible to make sense of international politics without understanding international law. This is the ideal text for students of international relations who have not previously studied law.

A Liberal Theory of International Justice

Author: Andrew Altman,Christopher Heath Wellman

Publisher: OUP Oxford

ISBN: 0191619779

Category: Political Science

Page: 256

View: 5994

A Liberal Theory of International Justice advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral right to self-determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would-be immigrants.

National Self-Determination and Justice in Multinational States

Author: Anna Moltchanova

Publisher: Springer Science & Business Media

ISBN: 9789048126910

Category: Philosophy

Page: 207

View: 1856

Substate nationalism, especially in the past fifteen years, has noticeably affected the political and territorial stability of many countries, both democratic and democratizing. Norms exist to limit the behavior of collective agents in relation to individuals; the set of universally accepted human rights provides a basic framework. There is a lacuna in international law, however, in the regulation of the behavior of groups toward other groups, with the exception of relations among states. The book offers a normative approach to moderate minority nationalism that treats minorities and majorities in multinational states justly and argues for the differentiation of group rights based on how group agents are constituted. It argues that group agency requires a shared set of beliefs concerning membership and the social ontology it offers ensures that group rights can be aligned with individual rights. It formulates a set of principles that, if adopted, would aid conflict resolution in multinational states. The book pays special attention to national self-determination in transitional societies. The book is intended for everyone in political philosophy and political science interested in global justice and international law and legal practitioners interested in normative issues and group rights

Philosophy of International Law

Author: Anthony Carty

Publisher: Edinburgh University Press

ISBN: 0748675523

Category: Law

Page: 304

View: 6966

Discover how philosophy is essential to the creation, development, application and study of international lawNew for this editionUpdated to cover recent developments in international law, including the 2008 world financial crisis and its effect on international economic and financial law, and the Obama administrations approach to international law in the war on terror Each chapter includes suggestions for further reading, including the most current sources from 2016Anthony Carty tracks the development of the foundations of the philosophies of international law, covering the natural, analytical, positivist, realist and postmodern legal traditions. You'll learn how these approaches were first conceived and how they shape the network of relationships between the signatories of international law.Key featuresExplores four areas: contemporary uncertainties; personality in international law; the existence of states and the use of force; and international economic/financial lawThe historical introduction gives you an overview of the development of the philosophy of international law, from late-scholastic natural law to the gradual dominance of legal positivism, and to the renewed importance of natural law theory in legal philosophy todayRevises the agenda for international lawyers: from internal concerns with the discipline itself outwards to the challenges of international society

The Philosophy of International Law

Author: Samantha Besson,John Tasioulas

Publisher: Oxford University Press

ISBN: 0199208581

Category: Law

Page: 611

View: 2695

This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.