David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Chicago Journal of International Law 11 (2) (2011)
According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in international law is a contested one, perhaps even a minority position, among lawyers and philosophers. In this paper I defend a limited but important role for actual consent in legitimating international law. While actual consent is not necessary for justifying the enforcement of jus cogens norms, at least when they are narrowly understood, this leaves much of international law unaccounted for. By drawing on a Lockean social contract account, I show how, given the ways that international cooperation is different from cooperation in the domestic sphere, actual consent is both a possible and an appropriate legitimating device for much of international law.
|Keywords||Consent International Law social contract legitimacy Locke Hobbes Jurisprudence global justice global governance|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Matthew J. Lister (2011). Are Institutions and Empiricism Enough? [REVIEW] Transnational Legal Theory 2 (1).
Jordy Rocheleau (2007). State Consent Vs. Human Rights as Foundations for International Law. Social Philosophy Today 23:117-132.
Roland Pierik & Wouter Werner (2005). Cosmopolitism, Global Justice and International Law. The Leiden Journal of International Law 18 (4):679-684.
M. Kamminga, Final Report on the Impact of International Human Rights Law on General International Law.
Brian Bix (2010). Contracts. In Franklin G. Miller & Alan Wertheimer (eds.), The Ethics of Consent: Theory and Practice. Oxford University Press.
Sheila McLean (2010). Autonomy, Consent and the Law. Routledge-Cavendish.
Andrew Hurrell (2007). On Global Order: Power, Values, and the Constitution of International Society. Oxford University Press.
Esther D. Reed (2011). Natural Law Reasoning Between Statism and Dystopia: International Law and the Question of Authority. Jurisprudence 1 (2):169-196.
Allen E. Buchanan (2004). Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. Oxford University Press.
Tetsuya Toyoda (2011). Theory and Politics of the Law of Nations: Political Bias in International Law Discourse of Seven German Court Councilors in the Seventeenth and Eighteenth Centuries. M. Nijhoff Pub..
Jack L. Goldsmith (2007). The Limits of International Law. Oxford University Press.
Rodney Bruce Hall & Thomas J. Biersteker (eds.) (2002). The Emergence of Private Authority in Global Governance. Cambridge University Press.
Jovana Davidovic (2012). International Rule-of-Law and Killing in War. Social Theory and Practice 38 (3):531-553.
K. Martin-Chenut (2008). International Law and Democracy. Diogenes 55 (4):33-43.
Larry May & Zachary Hoskins (eds.) (2010). International Criminal Law and Philosophy. Cambridge University Press.
Added to index2012-02-10
Total downloads18 ( #105,588 of 1,410,035 )
Recent downloads (6 months)5 ( #46,199 of 1,410,035 )
How can I increase my downloads?