Toward an international rule of law: Distinguishing international law-breakers from would-be law-makers [Book Review]
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Journal of Ethics 9 (1-2):225 - 246 (2005)
An interesting fact about customary international law is that the only way you can propose an amendment to it is by breaking it. How can that be differentiated from plain law-breaking? What moral standards might apply to that sort of international conduct? I propose we use ones analogous to the ordinary standards for distinguishing civil disobedients from ordinary law-breakers: would-be law-makers, like civil disobedients, must break the law openly; they must accept the legal consequences of doing so; and they must be prepared to have the same rules applied to them as everyone else.
|Keywords||civil disobedience customary international law fairness hegemony rule of law|
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