Toward an international rule of law: Distinguishing international law-breakers from would-be law-makers
Journal of Ethics 9 (1-2):225 - 246 (2005)
|Abstract||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.|
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