Sovereign Equality and Moral Disagreement

Sovereign Equality and Moral Disagreement

Author: Professor Brad R. Roth

Publisher: Oxford University Press

Published: 2009-12-15

Total Pages:

ISBN-13: 0199711593

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In Sovereign Equality and Moral Disagreement: Premises of a Pluralist International Legal Order, Professor Brad R. Roth provides readers with a working knowledge of the various applications of sovereign equality in international law, and defends the principle of sovereign equality as a morally sound response to disagreements in the international realm. The United Nations system's foundational principle of sovereign equality reflects persistent disagreement within its membership as to what constitutes a legitimate and just internal public order. While the boundaries of the system's pluralism have narrowed progressively in the course of the United Nations era, accommodation of diversity in modes of internal political organization remains a durable theme of the international order. This accommodation of diversity underlies the international system's commitment to preserving a state's territorial integrity and political independence, sometimes at the expense of efforts to establish a universal justice that transcends territorial boundaries. Efforts to establish a universal justice, however, need to heed the dangers of allowing powerful states to invoke universal principles to rationalize unilateral (and often self-serving) impositions upon weak states. In Sovereign Equality and Moral Disagreement, Brad R. Roth explains that though frequently counterintuitive, limitations on cross-border exercises of power are supported by substantial moral and political considerations, and are properly overridden only in a limited range of cases.


Sovereign Equality and Moral Disagreement

Sovereign Equality and Moral Disagreement

Author: Brad Roth

Publisher: Oxford University Press, USA

Published: 2011-11-03

Total Pages: 314

ISBN-13: 0195342666

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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.


The Thin Justice of International Law

The Thin Justice of International Law

Author: Steven R. Ratner

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 497

ISBN-13: 0198704046

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Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.


Governmental Illegitimacy in International Law

Governmental Illegitimacy in International Law

Author: Brad R. Roth

Publisher:

Published: 1999

Total Pages: 476

ISBN-13: 9780199243013

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When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.


The UN Friendly Relations Declaration at 50

The UN Friendly Relations Declaration at 50

Author: Jorge E. Viñuales

Publisher: Cambridge University Press

Published: 2020-10-08

Total Pages: 1047

ISBN-13: 1108662307

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The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.


Hobbesian Applied Ethics and Public Policy

Hobbesian Applied Ethics and Public Policy

Author: Shane D. Courtland

Publisher: Routledge

Published: 2017-07-20

Total Pages: 298

ISBN-13: 1315534398

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Most philosophers and political scientists readily admit that Thomas Hobbes is a significant figure in the history of political thought. His theory was, arguably, one of the first to provide a justification for political legitimacy from the perspective of each individual subject. Many excellent books and articles have examined the justification and structure of Hobbes’ commonwealth, ethical system, and interpretation of Christianity. What is troubling is that the Hobbesian project has been largely missing in the applied ethics and public policy literature. We often find applications of Kantian deontology, Bentham’s or Mill’s utilitarianism, Rawls’s contractualism, the ethics of care, and various iterations of virtue ethics. Hobbesian accounts are routinely ignored and often derided. This is unfortunate because Hobbes’s project offers a unique perspective. To ignore it, when such a perspective would be fruitful to apply to another set of theoretical questions, is a problem in need of a remedy. This volume seeks to eliminate (or, at the very least, partially fill) this gap in the literature. Not only will this volume appeal to those that are generally familiar with Hobbesian scholarship, it will also appeal to a variety of readers that are largely unfamiliar with Hobbes.


Accessing and Implementing Human Rights and Justice

Accessing and Implementing Human Rights and Justice

Author: Kurt Mills

Publisher: Routledge

Published: 2018-12-07

Total Pages: 300

ISBN-13: 1351713264

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Accessing human rights and justice mechanisms is a pressing issue in global politics. Although an understanding of justice is inherent in broad human rights discourses, there is no clear consensus on how to develop adequate means of accessing them in order to make a difference to people’s lives. Further, expansions of the boundaries of both human rights and justice make any clear and settled understanding of the relation difficult to ascertain. This volume tackles these issues by focusing on the dilemmas of accessing and implementing human rights and justice across a range of empirical contexts while also investigating a range of conceptual approaches to, and understandings of, justice, including issues of equality, retribution, and restoration, as well as justice as a transnational professional project. The contributors, representing a range of disciplinary backgrounds and diverse voices, offer empirical examples from Afghanistan, Democratic Republic of the Congo, Syria, Tunisia, and Uganda to explore the issues of accessing and implementing human rights and justice in conflict, post-conflict, and transitional settings. This work will be of interest to students and scholars of international relations, human rights, international criminal justice, and conflict response.


Society's Choices

Society's Choices

Author: Institute of Medicine

Publisher: National Academies Press

Published: 1995-03-27

Total Pages: 560

ISBN-13: 0309051320

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Breakthroughs in biomedicine often lead to new life-giving treatments but may also raise troubling, even life-and-death, quandaries. Society's Choices discusses ways for people to handle today's bioethics issues in the context of America's unique history and cultureâ€"and from the perspectives of various interest groups. The book explores how Americans have grappled with specific aspects of bioethics through commission deliberations, programs by organizations, and other mechanisms and identifies criteria for evaluating the outcomes of these efforts. The committee offers recommendations on the role of government and professional societies, the function of commissions and institutional review boards, and bioethics in health professional education and research. The volume includes a series of 12 superb background papers on public moral discourse, mechanisms for handling social and ethical dilemmas, and other specific areas of controversy by well-known experts Ronald Bayer, Martin Benjamin, Dan W. Brock, Baruch A. Brody, H. Alta Charo, Lawrence Gostin, Bradford H. Gray, Kathi E. Hanna, Elizabeth Heitman, Thomas Nagel, Steven Shapin, and Charles M. Swezey.


State Sovereignty and International Criminal Law

State Sovereignty and International Criminal Law

Author: Morten Bergsmo

Publisher: Torkel Opsahl Academic EPublisher

Published: 2012-11-19

Total Pages: 300

ISBN-13: 829308135X

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'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.