Search results for 'international legitimacy' (try it on Scholar)

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  1. Daniel Butt (2009). ‘Victors’ Justice’? Historic Injustice and the Legitimacy of International Law. In Lukas H. Meyer (ed.), Legitimacy, Justice and Public International Law. Cambridge Univeristy Press 163.
  2.  12
    Anatoly Oleksiyenko (2013). Organizational Legitimacy of International Research Collaborations: Crossing Boundaries in the Middle East. [REVIEW] Minerva 51 (1):49-69.
    Cross-border academic collaborations in conflict zones are vulnerable to escalated turbulence, liability concerns and flagging support. Multi-level stakeholder engagement at home and abroad is essential for securing the political and financial sustainability of such collaborations. This study examines the multilayered stakeholder arrangements within an international academic health science network contributing to peace-building in the Middle East. While organizational forms in this collaboration change to reflect the structural, epistemic and political expectations of various support groups operating locally and globally, the (...)
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  3.  43
    A. Buchanan (2011). Reciprocal Legitimation: Reframing the Problem of International Legitimacy. Politics, Philosophy and Economics 10 (1):5-19.
    Theorizing about the legitimacy of international institutions usually begins with a framing assumption according to which the legitimacy of the state is understood solely in terms of the relationship between the state and its citizens, without reference to the effects of state power on others. In contrast, this article argues that whether a state is legitimate vis-a-vis its own citizens depends upon whether its exercise of power respects the human rights of people in other states. The other (...)
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  4. Allen E. Buchanan (2004). Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. Oxford University Press.
    This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make (...)
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  5.  63
    Leslie P. Francis & John G. Francis (2010). Stateless Crimes, Legitimacy, and International Criminal Law: The Case of Organ Trafficking. [REVIEW] Criminal Law and Philosophy 4 (3):283-295.
    Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide (...)
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  6.  5
    —Jennifer Mitzen (2008). International Legitimacy and World Society - by Ian Clark. Ethics and International Affairs 22 (2):223–225.
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  7.  1
    Jennifer Mitzen (2008). International Legitimacy and World Society, Ian Clark (New York: Oxford University Press, 2007), 248 Pp., $65.00 Cloth. [REVIEW] Ethics and International Affairs 22 (2):223-225.
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  8.  3
    Ruti Teitel (2014). Kosovo to Kadi: Legality and Legitimacy in the Contemporary International Order. Ethics and International Affairs 28 (1):105-113.
    Whence does international law derive its normative force as law in a world that remains, in many respects, one where legitimate politics is practiced primarily at the national level? As with domestically focused legal theories, one standard answer is positivistic: the law's authority is based on its origin in agreed procedures of consent. This is certainly plausible with respect to treaty obligations and commitments that derive from the United Nations Charter, but it leaves customary international law vulnerable to (...)
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  9. M. Kahler (2011). Legitimacy, Humanitarian Intervention, and International Institutions. Politics, Philosophy and Economics 10 (1):20-45.
    The legitimacy of humanitarian intervention has been contested for more than a century, yet pressure for such intervention persists. Normative evolution and institutional design have been closely linked since the first debates over humanitarian intervention more than a century ago. Three norms have competed in shaping state practice and the normative discourse: human rights, peace preservation, and sovereignty. The rebalancing of these norms over time, most recently as the state’s responsibility to protect, has reflected specific international institutional environments. (...)
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  10.  73
    John Tasioulas (2013). Human Rights, Legitimacy, and International Law. American Journal of Jurisprudence 58 (1):1-25.
    The article begins with reflections on the nature, and basis, of human rights considered as moral standards. It recommends an orthodox view of their nature, as moral rights possessed by all human beings simply in virtue of their humanity and discoverable through the workings of natural reason, that makes them strongly continuous with natural rights. It then offers some criticisms of recent attempts to depart from orthodoxy by explicating human rights by reference to the supposedly constitutive connection they bear to (...)
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  11.  3
    Terry Macdonald (2015). Political Legitimacy in International Border Governance Institutions. European Journal of Political Theory 14 (4):409-428.
    In this article, I address the question: what kind of normative principles should regulate the governance processes through which migration across international borders is managed? I begin by contrasting two distinct categories of normative controversy relating to this question. The first is a familiar set of moral controversies about justice within border governance, concerning what I call the ethics of exclusion. The second is a more theoretically neglected set of normative controversies about how institutional capacity for well functioning border (...)
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  12.  2
    Christopher A. Thomas (2014). The Uses and Abuses of Legitimacy in International Law. Oxford Journal of Legal Studies 34 (4):729-758.
    In recent decades, the term ‘ legitimacy ’ has featured heavily in debates about international law and international institutions. Yet the concept of legitimacy, mercurial as it is, has remained under-scrutinized, leading to confusion and misuse. Rather than advancing a particular conception of what may make international law legitimate, this article seeks to clarify and complicate how international lawyers understand and use legitimacy as a concept. To begin, the article distinguishes between legal, moral (...)
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  13. Thomas Christiano (2010). Democratic Legitimacy and International Institutions. In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. OUP Oxford
     
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  14. David Luban (2010). Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law. In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. OUP Oxford
  15.  10
    Allen Buchanan (2008). Human Rights and the Legitimacy of the International Order. Legal Theory 14 (1):39-70.
    The international legal order is beginning to take human rights seriously, yet sound justifications for claims about human rights are conspicuously absent. Philosophers have begun to respond to this “justification deficit” by developing theories of human rights. Although a philosophical conception of human rights is needed, it would not be sufficient. The justification of human rights is a dynamic process in which a provisional philosophical conception of human rights both guides and is fleshed out by public processes of practical (...)
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  16. Allen Buchanan (2010). The Legitimacy of International Law. In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. Oxford University Press 79--96.
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  17. John Tasioulas (2010). The Legitimacy of International Law. In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. OUP Oxford
     
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  18.  1
    Deen K. Chatterjee (2005). Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law, Allen Buchanan , 507 Pp., $35 Cloth. [REVIEW] Ethics and International Affairs 19 (2):123-126.
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  19. A. F. Lang (2006). Book Review: Legitimacy in International Society. [REVIEW] Journal of International Political Theory 2 (1):93-95.
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  20.  60
    Michael Blake (2008). Allen Buchanan,Justice, Legitimacy, and Self‐Determination: Moral Foundations for International Law:Justice, Legitimacy, and Self‐Determination: Moral Foundations for International Law. Ethics 118 (4):721-726.
  21.  19
    Andreas Follesdal (2009). The Legitimacy of International Human Rights Review: The Case of the European Court of Human Rights. Journal of Social Philosophy 40 (4):595-607.
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  22.  3
    Emanuela Ceva, Chiara Testino & Federico Zuolo (2015). The Legitimacy of the Supranational Regulation of Local Systems of Food Production: A Discussion Whose Time Has Come. Journal of Social Philosophy 46 (4):418-433.
    By reference to the illustrative case of the supranational regulation of local systems of food production, we aim to show the importance of identifying issues of international legitimacy as a discrete component – alongside issues of global distributive justice – of the liberal project of public justification of supranational collective decisions. Therefore, we offer the diagnosis of a problem but do not prescribe the therapy to cure it.
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  23.  11
    Will Kymlicka (2009). Justice, Legitimacy and Self-Determination: Moral Foundations for International Law. Contemporary Political Theory 8 (1):111-112.
  24.  7
    Peter Sutch (2009). Justice, Legitimacy and Self-Determination: Moral Foundations for International Law. Contemporary Political Theory 8 (1):111.
  25.  14
    Laura Valentini (2010). Review of Lukas H. Meyer (Ed.), Legitimacy, Justice and Public International Law. [REVIEW] Notre Dame Philosophical Reviews 2010 (7).
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  26.  14
    Duncan Kelly (2005). Book Review: Justice, Legitimacy and Self-Determination: Moral Foundations for International Law. [REVIEW] Journal of Moral Philosophy 2 (2):251-254.
  27.  2
    Lora Sigler (2013). Legitimacy and Power Politics: The American and French Revolutions in International Political Culture. By Mlada Bukovansky. The European Legacy 18 (1):117-118.
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  28.  3
    Anthony F. Lang (2006). Legitimacy in International Society Ian Clark,Legitimacy in International Society. Politics and Ethics Review 2 (1):93-95.
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  29. Urška Mavrič (2008). Allen Buchanan, Justice, Legitimacy and Self-Determination. Moral Foundations for International Law. Croatian Journal of Philosophy 23:285-288.
     
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  30. Udo Schuklenk (2015). Are International Ethical Guidance Documents and Statements Lacking Legitimacy? Developing World Bioethics 15 (2):ii-iii.
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  31. Peter Sutch (2009). Justice, Legitimacy and Self-Determination: Moral Foundations for International Law. Contemporary Political Theory 8 (1):111-112.
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  32. Fabienne Peter, Political Legitimacy. Stanford Encyclopedia of Philosophy.
    Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others (...)
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  33.  26
    Matthew Lister (2011). The Legitimating Role of Consent in International Law. Chicago Journal of International Law 11 (2).
    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 (...) 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. (shrink)
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  34. Marcus Arvan (2009). In Defense of Discretionary Association Theories of Political Legitimacy: Reply to Buchanan. Journal of Ethics and Social Philosophy.
    Allen Buchanan has argued that a widely defended view of the nature of the state – the view that the state is a discretionary association for the mutual advantage of its members – must be rejected because it cannot adequately account for moral requirements of humanitarian intervention. This paper argues that Buchanan’s objection is unsuccessful,and moreover, that discretionary association theories can preserve an important distinction that Buchanan’s alternative approach to political legitimacy cannot: the distinction between “internal” legitimacy (a (...)
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  35.  30
    Xiaohua Yang & Cheryl Rivers (2009). Antecedents of CSR Practices in MNCs' Subsidiaries: A Stakeholder and Institutional Perspective. [REVIEW] Journal of Business Ethics 86 (2):155 - 169.
    This study investigates antecedents of corporate social responsibility (CSR) in multinational corporations' (MNCs') subsidiaries. Using stakeholder theory and institutional theory that identify internal and external pressures for legitimacy in MNCs' subsidiaries, we integrate international business and CSR literatures to create a model depicting CSR practices in MNCs' subsidiaries. We propose that MNCs' subsidiaries will be likely to adapt to local practices to legitimize themselves if they operate in host countries with different institutional environments and demanding stakeholders. We also (...)
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  36. Fabienne Peter (2013). The Human Right to Political Participation. Journal of Ethics and Social Philosophy 7 (2):1-16.
    In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights which do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, but also in (...) and global governance processes. The argument will be based on a cosmopolitan conception of political legitimacy and on a political conception of human rights that is normatively anchored in legitimacy. The central claim of my paper is that a right to political participation is necessary – but not sufficient – for political legitimacy in the global realm. (shrink)
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  37.  9
    Evisa Kica & Diana M. Bowman (2013). Transnational Governance Arrangements: Legitimate Alternatives to Regulating Nanotechnologies? [REVIEW] NanoEthics 7 (1):69-82.
    In recent years, the development and the use of engineered nanomaterials have generated many debates on whether these materials should be part of the new or existing regulatory frameworks. The uncertainty, lack of scientific knowledge and rapid expansion of products containing nanomaterials have added even more to the regulatory dilemma with policy makers and public/private actors contenting periods of both under and over regulation. Responding to these regulatory challenges, as well as to the global reach of nanotechnology research and industrial (...)
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  38.  5
    Peter Dietsch (2016). Can Minimal Autonomy Legitimate Coercive Institutions? Journal of Moral Philosophy 13 (2):235-244.
    _ Source: _Volume 13, Issue 2, pp 235 - 244 The central thesis of Hassoun’s book states that coercive international institutions, in order to be legitimate, must ensure sufficient autonomy for those subject to them. While part I analyses the theoretical structure of this argument, part II aims to assess its practical implications in the contexts of aid and trade. This effort to bridge the gap between theory and practice is welcome, even though the connection could be strengthened further. (...)
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  39.  5
    Björn Ahl & Hendrik Tieben (2015). Modern Chinese Court Buildings, Regime Legitimacy and the Public. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (3):603-626.
    This study investigates the interrelation of outer appearance and spatial configuration of modern Chinese court buildings with the party-state’s strategy of building regime legitimacy. The spatial element of this relation is explored in four different court buildings in Kunming, Chongqing, Shanghai and Xi’an. It is argued that court buildings contribute to the empowerment of individuals who appear as parties in trials. Courthouses also facilitate the courts’ function of exercising social control and the application of an instrumentalist approach to the (...)
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  40.  99
    Fernando R. Tesón (1998). A Philosophy of International Law. Westview Press.
    Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and (...)
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  41.  59
    Daniel Butt (2008). Rectifying International Injustice: Principles of Compensation and Restitution Between Nations. Oxford University Press.
    The history of international relations is characterized by widespread injustice. What implications does this have for those living in the present? Should contemporary states pay reparations to the descendants of the victims of historic wrongdoing? Many writers have dismissed the moral urgency of rectificatory justice in a domestic context, as a result of their forward-looking accounts of distributive justice. Rectifying International Injustice argues that historical international injustice raises a series of distinct theoretical problems, as a result of (...)
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  42.  11
    Ellen-Marie Forsberg (2012). Standardisation in the Field of Nanotechnology: Some Issues of Legitimacy. Science and Engineering Ethics 18 (4):719-739.
    Nanotechnology will allegedly have a revolutionary impact in a wide range of fields, but has also created novel concerns about health, safety and the environment (HSE). Nanotechnology regulation has nevertheless lagged behind nanotechnology development. In 2004 the International Organization for Standardization established a technical committee for producing nanotechnology standards for terminology, measurements, HSE issues and product specifications. These standards are meant to play a role in nanotechnology development, as well as in national and international nanotechnology regulation, and will (...)
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  43.  21
    Christopher Kaan & Andrea Liese (2011). Public Private Partnerships in Global Food Governance: Business Engagement and Legitimacy in the Global Fight Against Hunger and Malnutrition. [REVIEW] Agriculture and Human Values 28 (3):385-399.
    This article compares two transnational public–private partnerships against hunger and malnutrition, the Global Alliance for Improved Nutrition and the International Alliance Against Hunger with regard to their degree of business involvement and their input and output legimacy. We examine the participation of stakeholders, the accountability and transparency of the decision-making process, and the perceived provision of a public good. We identify a link between business involvement and output legitimacy, and we discuss the implications for public and private food (...)
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  44.  6
    Valentina Mele & Donald H. Schepers (2013). E Pluribus Unum? Legitimacy Issues and Multi-Stakeholder Codes of Conduct. Journal of Business Ethics 118 (3):561-576.
    Regulatory schema has shifted from government to governance-based systems. One particular form that has emerged at the international level is the multi-stakeholder voluntary code of conduct (MSVC). We argue that such codes are not only simply mechanisms by which various stakeholders attempt to govern the action of the corporation but also systems by which each stakeholder attempts to gain or retain some legitimacy goal. Each stakeholder is motivated by strategic legitimacy goal to join the code, and once (...)
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  45.  45
    Roland Pierik & Wouter Werner (2005). Cosmopolitism, Global Justice and International Law. The Leiden Journal of International Law 18 (4):679-684.
    Along with the exploding attention to globalization, issues of global justice have become central elements in political philosophy. After decades in which debates were dominated by a state-centric paradigm, current debates in political philosophy also address issues of global inequality, global poverty, and the moral foundations of international law. As recent events have demonstrated, these issues also play an important role in the practice of international law. In fields such as peace and security, economic integration, environmental law, and (...)
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  46.  15
    Anne T. Gallagher (2011). Improving the Effectiveness of the International Law of Human Trafficking: A Vision for the Future of the US Trafficking in Persons Reports. [REVIEW] Human Rights Review 12 (3):381-400.
    In 2000, the United States Congress passed the Victims of Trafficking and Violence Protection Act requiring its State Department to issue annual Trafficking in Persons Reports (TIP Reports) describing “the nature and extent of severe forms of trafficking in persons” and assessing governmental efforts across the world to combat such trafficking against criteria established by US law. This article examines the opportunities and risks presented by the TIP Reports, tracing their evolution over the past decade and considering their impact on (...)
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  47.  10
    Marlene Wind (2009). Challenging Sovereignty? The USA and the Establishment of the International Criminal Court. Ethics and Global Politics 2 (2):83-108.
    Does the establishment of a permanent InternationalWar Crimes Tribunal (International Criminal Court - ICC) constitute a challenge to national sovereignty? According to previous US governments and several American observers, the answer is yes. Establishing a world court that acts independently of the states that gave birth to it renders the idea of sovereignty meaningless. This article analyzes the American objections to the ICC and the conception of sovereignty and international law underlying these objections. It first considers the structure (...)
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  48.  11
    Christopher L. Pallas (2010). Revolutionary, Advocate, Agent, or Authority: Context-Based Assessment of the Democratic Legitimacy of Transnational Civil Society Actors. Ethics and Global Politics 3 (3):217-238.
    The literature on transnational civil society encompasses a number of conflicting views regarding civil society organizations’ (CSOs) behavior and impacts and the desirability of civil society involvement in international policymaking. This piece suggests that this lack of consensus arises from the diverse range of contexts in which CSOs operate and the wide variety of activities in which it engages. This article seeks to organize and analyze the disparate data on civil society by developing a context-based standard of democratic (...) for CSOs. The article disaggregates democracy into input, throughput, and output components, and shows how CSOs must support or manifest different aspects of democracy in order to be democratically legitimate in a given context. Applying this standard to existing works, the article identifies several problems in current research, including a failure to recognize ways the democratic imperatives of transnational advocacy differ from national advocacy, and the potential for international civil society interventions to undermine local democratic processes. Keywords: transnational civil society; democracy; global governance; NGOs; international policymaking (Published: 1 September 2010) Citation: Ethics & Global Politics, Vol. 3, No. 3, 2010, pp. 217-238. DOI: 10.3402/egp.v3i3.4882. (shrink)
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  49.  86
    Patrick Macklem (2008). Humanitarian Intervention and the Distribution of Sovereignty in International Law. Ethics and International Affairs 22 (4):369-393.
    Legal debates about humanitarian intervention—military intervention by one or more states to curb gross human rights violations occurring in another state—tend to assume that its legitimacy is irrelevant to its legality. Debates among philosophers and political theorists often assume the inverse, that the legality of humanitarian intervention is irrelevant to its legitimacy. This paper defends an alternative account, one that sees the legality and legitimacy of humanitarian intervention as intertwined. This account emerges from a conception of (...) law as a legal domain that structures global politics by treating sovereignty as a legal entitlement that it distributes among the multitude of legal actors that it recognizes as states. Drawing on a long standing debate among domestic legal theorists about the rule of law, it first identifies formal constraints on the UN Security Council's discretion to authorize the use of force to end human rights violations. Developing a distributive conception of international human rights, it then identifies substantive considerations that shed further light on the legality of intervention. It suggests that members of the Security Council must give reasons when exercising their discretion to authorize the use of force and that some reasons might divest a member's vote of legal validity. (shrink)
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  50.  18
    John Gastil, Colin J. Lingle & Eugene P. Deess (2010). Deliberation and Global Criminal Justice: Juries in the International Criminal Court. Ethics and International Affairs 24 (1):69-90.
    The jury system is one of the oldest deliberative democratic bodies, and it has a robust historical record spanning hundreds of years in numerous countries. As scholars and civic reformers envision a democratic global public sphere and international institutions, we advocate for the inclusion of juries of lay citizens as a means of administering justice and promoting deliberative norms. Focusing specifically on the case of the International Criminal Court, we show how juries could bolster that institution's legitimacy (...)
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