Sovereign equality and moral disagreement : premises of a pluralist international legal order
著者
書誌事項
Sovereign equality and moral disagreement : premises of a pluralist international legal order
Oxford University Press, c2011
- : hardback
大学図書館所蔵 全4件
注記
Includes bibliographical references and index
内容説明・目次
内容説明
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 preserve states' territorial integrity and political independence, often at the expense of other values. For those who impute to the international legal order an inherent purpose to establish a universal justice that transcends the boundaries of
territorial communities, the legal prerogatives associated with state sovereignty appear as impediments to the global advance of legality. That view, however, neglects the danger of allowing powerful states to invoke universal principles to rationalize unilateral (and often self-serving) impositions upon weak states. 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 accomplishes two tasks. One is to construct a unifying account of the manifestations of the principle of sovereign equality in international legal norms governing a range of subject areas, from foundational matters such as the recognition of states and governments to controversial questions such as legal authority for extraterritorial criminal prosecution and armed intervention. The other is to defend the principle as a morally sound response
to persistent and profound disagreement within the international community as to the requirements of legitimate and just internal public order.
目次
- Overview of the Argument
- PART ONE: A NORMATIVE THEORY OF A PLURALIST INTERNATIONAL ORDER
- The Project of International Legal Order
- The Moral Significance of State Sovereignty
- Coming to Terms with Ruthlessness: Bounded Pluralism and Human Rights Violators
- PART TWO: SOVEREIGN EQUALITY IN CONTEMPORARY INTERNATIONAL LAW
- Principals and Agents: States, Governments, and the Self-Determination of Peoples
- Sovereignty, Consent, and the Interpretation of International Legal Obligations
- Sovereignty and the Relationship between International and Domestic Legal Authority
- Sovereignty, Human Rights, and the Non-Intervention Norm
- Conclusion: The Enduring Relevance of Sovereign Equality
「Nielsen BookData」 より