New PDF release: A Philosophy Of International Law (New Perspectives on Law,

By Fernando Teson

ISBN-10: 0813368642

ISBN-13: 9780813368641

ISBN-10: 1429488298

ISBN-13: 9781429488297

Why should still sovereign states obey foreign legislation? What compels them to owe allegiance to the next algorithm while every one nation is its personal legislations of the land? what's the foundation in their tasks to one another? traditional knowledge means that nations are too various from each other culturally to keep on with legislation out of mere loyalty to one another or a suite of shared ethical values. definitely, the present view holds, international locations act easily out of self-interest, they usually ultimately consent to norms of foreign legislation to manage issues of universal interest.In this groundbreaking ebook, Fernando Tesón is going by contrast triumphing inspiration via arguing, within the Kantian culture, shared appreciate for person human rights underpins not only the duty nations suppose to keep on with overseas legislations but additionally overseas legislation themselves or even the very legitimacy of countries within the eyes of the foreign group. Tesón, either a attorney and a thinker, proposes that an overlapping admire for human rights has created an ethical universal floor one of the international locations of the realm; and furthermore, that such an outlook is the single person who is rationally defensible. it's this universal set of values instead of self-interest that eventually presents legitimacy to overseas legislation. utilizing the instruments of ethical philosophy, Tesón analyzes the innovations of sovereignty, intervention, and nationwide curiosity; the contributions of social touch conception, video game concept, and feminist concept; and the puzzles of self-determination and team rights.More than just outlining his conception, Tesón is going directly to supply exact examples of overseas legislation, overseas associations, and their human rights foundations, placing his principles to paintings and addressing criminal reforms referred to as for through the idea. He means that treaties, for instance, may be thought of binding if, and provided that, the consent to the treaty was once given through a really consultant executive, person who acts out of curiosity for the human rights of its voters. even though the theoretical fulfillment of this publication is to problem bought knowledge at the beginning of overseas legislations, the sensible ambition is a decision to reform the foreign criminal method for the post–Cold conflict period, to replacement for the outdated order one who provides primacy to human dignity and freedom over kingdom strength.

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Extra info for A Philosophy Of International Law (New Perspectives on Law, Culture & Society)

Example text

The principlk governing that ease should be extended to other cases of tyranny. t 80, See Wilwn's fmous Mobile stBtemenh 7 American Journal ofIntermtional LQW 33 1 (1913) (discussing United SbtesAesire only to deal with just govel-rrmentsin CentmI md South heriea). t 8 1 , See Xifmibia Opinion, 1W 71 Intermtional Court afJustiee 16,58, paragraph 133 (June 21) (obligation by states not ta rwognize Sou& a c a ' s iltegd ocwpation ofNmibia because of South Africa's human righ& violations in Nmibia).

Citizens in udemo~raticstates lack representation, but they have not lost theh ri&ts. 1%follows that agreements creating sbligatims &at benefit hdividuals should be respected. Suck agreements include conventions hspked by considerations of hummiq md, h some cmes, treaties that eaablish bombies, However, ageexnents that dictators enter into to benefit &emsees are bhdhg neither upon members of the allimce nor upon the ieal [email protected] dieatom do not represent their p q l e , they cannot creak obligations for their subjects.

See id, 100, There we eountIess real and counte~acbalexmpfes to illustrate the Kmtim hno&esis, My favo~teone is: there would have k e n no Malvinaks;war between the United Kingdom and Argentina had there b e n a demomtic government inshf led in Bumos Aires. ,"W-kgentine; Joint Statement s n Relations and a Fomula to solve the confiict. S~ee~ on Sovmeignq with Regard to Falkfasrd Islands, South Georgia, md South Sandwich Xsliunds,""29 Intemali~nalLegal Materials 1 29 X (Sept. 1990); see also "BBC S u m m q of World Broadc&s," "e M o ~ i t o r i ~Report, g Part 4 (Dec.

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A Philosophy Of International Law (New Perspectives on Law, Culture & Society) by Fernando Teson

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