1. Evan J. Criddle & Evan Fox-Decent, A Fiduciary Theory of Jus Cogens.
    For several decades, international law has recognized certain norms such as the prohibitions against genocide, slavery, and military aggression as "jus cogens"- peremptory law which supersedes conflicting international treaties and customs. Despite widespread acceptance of the jus cogens concept, legal theorists continue to debate whether peremptory norms derive their legal authority from state consent, natural law, or the demands of international public order. Anxiety over peremptory norms' legal basis has frustrated efforts to clarify the scope and content of jus cogens, (...)
    Direct download  
     
    My bibliography  
     
    Export citation  
  2. Evan J. Criddle & Evan Fox-Decent, Deriving Peremptory Norms From Sovereignty.
    In international law, the term "jus cogens" refers to norms that are considered peremptory in the sense that they are mandatory and do not admit derogation. Although the jus cogens concept has achieved widespread acceptance, international legal theory has yet to furnish a satisfying account of jus cogens's legal basis. We argue that peremptory norms are inextricably linked to the sovereign powers assumed by all states. The key to understanding international jus cogens lies in Immanuel Kant's discussion of the (...)
    Translate to English
    | Direct download  
     
    My bibliography  
     
    Export citation  
  3. Evan Fox-Decent & Evan J. Criddle (2009). The Fiduciary Constitution of Human Rights. Legal Theory 15 (4):301.
    We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state's fiduciary duty to provide equal security under the rule of law, a duty that flows from the state's (...)
    Direct download (2 more)  
     
    My bibliography  
     
    Export citation