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1033 found
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1 — 50 / 1033
  1. added 2020-05-29
    State Consent Vs. Human Rights as Foundations for International Law: A Critique of Allen Buchanan’s Cosmopolitanism.Jordy Rocheleau - 2007 - Social Philosophy Today 23:117-132.
    The traditional view that legitimate international law is founded on the consent of the states subject to it has come under increasing attack by liberals, such as Allen Buchanan, who argue for a cosmopolitan order in which the protection of human rights norms is legally foundational. The cosmopolitan argument presupposes that human rights would be better preserved by doing away with the requirement of state consent. However, state consent is seen to be necessary for protecting the rights of individuals in (...)
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  2. added 2020-05-28
    The Moral Foundations of International Criminal Law: Response to Three Critics.Larry May - 2007 - Social Philosophy Today 23:243-248.
  3. added 2020-05-28
    Cosmopolitanism and Global Public Health.Jan Sutherland & Elaine Gibson - 2007 - Social Philosophy Today 23:133-148.
    In this paper we examine a nation’s obligations to report infectious diseases under the World Health Organization’s new International Health Regulations. We argue that acceptance of the Regulations signals a concrete turn to cosmopolitan citizenship in the area of health. But we also show that the new global health regime and its economic consequences raise ethical tensions for both the conceptualization and practice of cosmopolitanism. Specifically: 1) using global public heath as a lens makes visible how current conceptions of cosmopolitan (...)
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  4. added 2020-05-24
    What is the ‘World’ in World Politics? Heidegger, Badiou and Void Universalism.Sergei Prozorov - 2013 - Contemporary Political Theory 12 (2):102-122.
    This article addresses the ontological presuppositions of the discourse on world politics in political and international relations theory. We argue that the ambivalent status of world politics is due to the understanding of its central concept, that is, the world, in terms of totality or ‘the whole’. Drawing on Alain Badiou's set-theoretical ontology, this article demonstrates that such a concept is logically inconsistent, which leads the discourse on world politics to a perpetual oscillation between the presupposition of a universal totality (...)
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  5. added 2020-05-23
    Hume’s Dynamic Coordination and International Law.Carmen E. Pavel - forthcoming - Political Theory:009059172092183.
    At the heart of the tension between state autonomy and international law is the question of whether states should willingly restrict their freedom of action for the sake of international security, human rights, trade, communication, and the environment. David Hume offers surprising insights to answer this question. He argues that the same interests in cooperation arise among individuals as well as states and that their interactions should be regulated by the same principles. Drawing on his model of dynamic coordination, I (...)
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  6. added 2020-05-23
    Particular Reasoning Versus Universal Human Rights: A Case of China.Wu Jingjing - unknown
    In this paper, I argue that there is objectivity in the international human rights law, against which the justifiability of arguments can be determined and the universality vs. relativity of human rights debate could be taken a step further. I propose an optimising approach for treaty interpretation, point out that there is epistemic objectivity residing in this approach, and analyse China’s relativism arguments on Article 1 of the Convention against Torture to elaborate above points.
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  7. added 2020-05-23
    Philosophy in a Time of Terror: Dialogues with Jürgen Habermas and Jacques Derrida. [REVIEW]Samir Gandesha - 2006 - Political Theory 34 (2):273-279.
  8. added 2020-05-22
    Liberal Democracy and Nuclear Despotism: Two Ethical Foreign Policy Dilemmas.Ii Thomas Doyle - 2013 - Ethics and Global Politics 6 (3):155-174.
    This article advances a critical analysis of John Rawls’s justification of liberal democratic nuclear deterrence in the post-Cold War era as found in The Law of Peoples. Rawls’s justification overlooked how nuclear-armed liberal democracies are ensnared in two intransigent ethical dilemmas: one in which the mandate to secure liberal constitutionalism requires both the preservation and violation of important constitutional provisions in domestic affairs, and the other in which this same mandate requires both the preservation and violation of the liberal commitment (...)
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  9. added 2020-05-20
    Of September 11, Mourning and Cosmopolitan Politics.Catherine Guisan - 2009 - Constellations 16 (4):563-578.
  10. added 2020-05-17
    From the Human Right to Democracy to the Human Right to Voice.Horn Anita - unknown
  11. added 2020-05-15
    Comment on Himes – International Law.John F. Murphy - 2018 - Journal of Catholic Social Thought 15 (1):171-176.
  12. added 2020-05-13
    Governing the Sun.Klaus Radunsky & Tim Cadman - 2019 - International Journal of Social Quality 9 (2):19-34.
    Governments have previously sought to reduce climate-change-inducing concentrations of carbon dioxide in the earth’s atmosphere through mitigation and adaptation activities, with limited success. New approaches are being explored, such as negative emissions technologies, including carbon dioxide removal, as well as solar geoengineering, also known as solar radiation management, or modification. This article outlines these emerging technologies focusing on bioenergy, carbon capture and storage, and stratospheric aerosol injection, and explores some of the challenges they pose. Prevention of emissions and their reliable, (...)
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  13. added 2020-05-13
    The Promise of Human Rights: Constitutional Government, Democratic Legitimacy, and International Law.Benjamin Gregg - 2018 - Contemporary Political Theory 17 (S1):30-34.
  14. added 2020-05-12
    Human Rights Standards: Hegemony, Law and, Politics.Nikita Dhawan - 2019 - Contemporary Political Theory 18 (2):87-90.
  15. added 2020-05-07
    The Costs and Benefits of Prosecution: A Contractualist Justification of Amnesty.Robert Patrick Whelan - forthcoming - Critical Review of International Social and Political Philosophy:1-23.
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  16. added 2020-05-07
    Kant's Popular Sovereignty and Cosmopolitanism.Macarena Marey - forthcoming - Constellations.
  17. added 2020-05-06
    LGBT Rights and Refugees: A Case for Prioritizing LGBT Status in Refugee Admissions.Annamari Vitikainen - 2020 - Ethics and Global Politics 13 (1):64-78.
  18. added 2020-05-06
    May States Select Among Refugees?Max Gabriel Cherem - 2020 - Ethics and Global Politics 13 (1):33-49.
  19. added 2020-05-06
    Illusions of Justice in International Taxation.Adam Kern - 2020 - Philosophy and Public Affairs 48 (2):151-184.
  20. added 2020-05-06
    Refugees and the Limits of Political Philosophy.Sarah Fine - 2020 - Ethics and Global Politics 13 (1):6-20.
  21. added 2020-04-28
    Philosophical Foundations for Complementary Protection.Matthew J. Lister - 2020 - In David Miller & Christine Straehle (eds.), The Political Philosophy of Refuge. Cambridge, UK: Cambridge University Press. pp. 211-231.
    A Significant percentage of the people outside their country of citizenship or residence who are unable to meet their basic needs on their own, and need international protection, do not fall under the definition set out in the UN Refugee Convention. This has led many - both academic commentators and activists - to call for a new, expanded refugee definition, preferably backed up by a new, binding, international convention. In earlier work I have resisted this call, arguing that there is (...)
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  22. added 2020-04-12
    Selected Topics in the African Reflection on International Relations: A Study of the Views of George M. Carew.Krzysztof Trzcinski - 2014 - In Re-Visions and Re-Orientations: Non-European Thought in International Relations Studies. London, UK: Bloomsbury. pp. 112-129.
    In this paper, I present and make a critical analysis of the thoughts of the Sierra Leonean philosopher George M. Carew, who is the author of one of the broadest contemporary visions of the political future of Africa. Carew is disappointed with the decades of authoritarian rule in African countries, which have brought about neither development nor prosperity. He believes that the only political system able to change this situation is democracy. In the opinion of this thinker, the prerequisite for (...)
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  23. added 2020-03-16
    Domestic Analogy E Globalizzazione. Riflessioni Su Rethinking the Domestic Analogy in a Global Age di Chiara Bottici.Elisa Orrù - 2010 - Jura Gentium 7 (1):140-142.
  24. added 2020-03-08
    The Tensions Between ‘Criminal’ and ‘Enemy’ as Categories for Globalized Terrorism.James Griffith - 2006 - International Journal of Applied Philosophy 1 (20):107-126.
    This paper examines the tensions at play in three important documents involved in the ‘war on terror’: the “Application of Treaties” White House Legal Counsel Memo of 2001, the “National Security Strategy” document of 2002, and the 2004 Supreme Court decision Hamdi v. Rumsfeld. Reading these documents, it becomes clear that there is an overarching misunderstanding and confusion of the traditionally separate concepts of ‘criminal’ and ‘enemy’ in the struggle against globalized terrorism.
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  25. added 2020-02-25
    The Tragedy and Promise of Self-Determination.Brian Slattery - 2020 - Yale Law Journal 129.
    The principle of self-determination, like Janus, has two faces: negative and positive. Often understood as enabling the fracture of states into national components, the principle is better seen as facilitating the creation of multinational frameworks that foster toleration and human rights.
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  26. added 2020-02-14
    Constructing the 'Armenian Genocide': How Scholars Unremembered the Assyrian and Greek Genocides in the Ottoman Empire.Hannibal Travis - 2013 - Newark, NJ: Rutgers University Press.
  27. added 2019-12-29
    Can There Be a Right of Return?Andy Lamey - 2020 - Journal of Refugee Studies 33:1-12.
    During long-term refugee displacements, it is common for the refugees’ country of origin to be called on to recognize a right of return. A long-standing tradition of philosophical theorizing is sceptical of such a right. Howard Adelman and Elazar Barkan are contemporary proponents of this view. They argue that, in many cases, it is not feasible for entire refugee populations to return home, and so the notion of a right of return is no right at all. We can call Adelman (...)
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  28. added 2019-11-07
    Benefit Sharing – From Biodiversity to Human Genetics.Doris Schroeder & Julie Cook Lucas (eds.) - 2013 - Dordrecht, Netherlands: Springer.
    Biomedical research is increasingly carried out in low- and middle-income countries. International consensus has largely been achieved around the importance of valid consent and protecting research participants from harm. But what are the responsibilities of researchers and funders to share the benefits of their research with research participants and their communities? After setting out the legal, ethical and conceptual frameworks for benefit sharing, this collection analyses seven historical cases to identify the ethical and policy challenges that arise in relation to (...)
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  29. added 2019-11-07
    Indigenous Peoples, Consent and Benefit Sharing– Learning Lessons From the San-Hoodia Case.Rachel Wynberg, Doris Schroeder & Roger Chennells (eds.) - 2009 - Dordrecht, Netherlands: Springer.
    Indigenous Peoples, Consent and Benefit Sharing is the first in-depth account of the Hoodia bioprospecting case and use of San traditional knowledge, placing it in the global context of indigenous peoples’ rights, consent and benefit-sharing. It is unique as the first interdisciplinary analysis of consent and benefit sharing in which philosophers apply their minds to questions of justice in the Convention on Biological Diversity (CBD), lawyers interrogate the use of intellectual property rights to protect traditional knowledge, environmental scientists analyse implications (...)
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  30. added 2019-10-22
    Black White Paper: Tractatus Logico-Academicus.Gavin Keeney - manuscript
    A draft White Paper associated with Fulbright Specialist Program lectures at the University of Ljubljana, Ljubljana, Slovenia, in March-April 2015, concerning neo-liberal capitalist exploitation of academic research and publications.
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  31. added 2019-09-25
    Virtue Ethics, Criminal Responsibility, and Dominic Ongwen.Renée Nicole Souris - 2019 - International Criminal Law Review 19 (3).
    In this article, I contribute to the debate between two philosophical traditions—the Kantian and the Aristotelian—on the requirements of criminal responsibility and the grounds for excuse by taking this debate to a new context: international criminal law. After laying out broadly Kantian and Aristotelian conceptions of criminal responsibility, I defend a quasi-Aristotelian conception, which affords a central role to moral development, and especially to the development of moral perception, for international criminal law. I show than an implication of this view (...)
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  32. added 2019-09-04
    Review of A Philosophy of International Law. [REVIEW]Gerard Elfstrom - 1999 - Ethics 110 (1):2229-33.
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  33. added 2019-08-27
    Conspiring with the Enemy: The Ethic of Cooperation in Warfare.Yvonne Chiu - 2019 - New York, NY, USA: Columbia University Press.
    Although military mores have relied primarily on just war theory, the ethic of cooperation in warfare (ECW)—between enemies even as they are trying to kill each other—is as central to the practice of warfare and to conceptualization of its morality. Neither game theory nor unilateral moral duties (God-given or otherwise) can explain the explicit language of cooperation in developing and enforcing principles of military ethics and the law of armed conflict. -/- The ethic of cooperation is borne of various motivations: (...)
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  34. added 2019-07-04
    Cómo los siete sociópatas que gobiernan China están ganando la Tercera Guerra Mundial y tres maneras de detenerlos.Michael Starks - 2019 - In Suicidio por la Democracia - un Obituario para América y el Mundo 4ª edición. Las Vegas, NV USA: Reality Press. pp. 52-57.
    Lo primero que debemos tener en cuenta es que cuando decimos que China dice esto o China hace eso, no estamos hablando del pueblo chino, sino de los sociópatas que controlan el PCC -- Partido Comunista Chino, es decir, los Siete Asesinos En Serie Seniláticos (SSSSK) de th e Comité Permanente del PCC o de los 25 miembros del Politburó, etc. -/- Los planes del PCC para la Tercera Guerra Mundial y la dominación total están muy claro en las publicaciones (...)
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  35. added 2019-06-13
    Contract, Treaty, and Sovereignty.Matthew J. Lister - 2019 - In Claire Oakes Finkelstein & Michael Skerker (eds.), Sovereignty and the New Executive Authority. New York, NY, USA: pp. 283-307.
    It is a common charge that treaties, perhaps especially recent treaties relating to economic activity, provide unreasonable restrictions on the sovereignty of the state parties. While this charge has been made most forcefully by smaller states, it is sometimes raised with justification by larger states or state-like bodies such as the E.U. as well. When a tribunal judging a dispute on an economic treaty tells a state that it may no longer make decisions such as to accept or reject genetically (...)
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  36. added 2019-06-06
    Performing the Union: The Prüm Decision and the European Dream.Barbara Prainsack & Victor Toom - 2013 - Studies in History and Philosophy of Biological and Biomedical Sciences 44 (1):71-79.
    In 2005, seven European countries signed the so-called Prüm Treaty to increase transnational collaboration in combating international crime, terrorism and illegal immigration. Three years later, the Treaty was adopted into EU law. EU member countries were now obliged to have systems in place to allow authorities of other member states access to nationally held data on DNA, fingerprints, and vehicles by August 2011. In this paper, we discuss the conditions of possibility for the Prüm network to emerge, and argue that (...)
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  37. added 2019-06-06
    From the Rule of Law to the Constitutionalist Makeover: Changing European Conceptions of Public International Law.Alexander Somek - 2011 - Constellations 18 (4):567-588.
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  38. added 2019-06-06
    Reformulation of the Kantian Project.Øystein Lundestad & Kjartan Koch Mikalsen - 2011 - Journal of International Political Theory 7 (1):40-62.
    The article sets out to explore the international legal dimension in Jürgen Habermas' latest publications on philosophy of law. It is our view that Habermas deals with the examination of just relations beyond the nation-state first and foremost from a legal perspective, and that the key to a Habermasian reading of international justice is not through an application of discourse-theoretical models of communicative or moral action as such, but primarily through proper legal institutionalisation of the rule of law. In asserting (...)
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  39. added 2019-06-06
    The Hermeneutical and Rhetorical Nature of Law.Francis J. Mootz Iii - 2011 - Journal of Catholic Social Thought 8 (2):221-254.
  40. added 2019-06-06
    The Fiduciary Constitution of Human Rights: Evan Fox-Decent and Evan J. Criddle.Evan Fox-Decent - 2009 - Legal Theory 15 (4):301-336.
    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 (...)
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  41. added 2019-06-06
    Into Positivism: Georg Friedrich von Martens and Modern International Law.Martti Koskenniemi - 2008 - Constellations 15 (2):189-207.
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  42. added 2019-06-06
    The Constitutionalization of International Law and the Legitimation Problems of a Constitution for World Society.Jürgen Habermas - 2008 - Constellations 15 (4):444-455.
  43. added 2019-06-06
    Humanitarian Intervention and the Distribution of Sovereignty in International Law.Patrick Macklem - 2008 - Ethics and International Affairs 22 (4):369-393.
    Legal debates about humanitarian intervention tend to assume that its legitimacy is irrelevant to its legality, while political theorists often assume the inverse. This paper defends an alternative account, which sees the legality and legitimacy of humanitarian intervention as intertwined.
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  44. added 2019-06-06
    The Role of International Law in US Constitutional Law—A Question That Might Be Posed by John Courtney Murray: Is It Really Law?S. J. Robert J. Araujo - 2007 - Journal of Catholic Social Thought 4 (1):35-58.
  45. added 2019-06-06
    The Role of International Law in US Constitutional Law—A Question That Might Be Posed by John Courtney Murray.Robert J. Araujo - 2007 - Journal of Catholic Social Thought 4 (1):35-58.
  46. added 2019-06-06
    The Universal Common Good and the Authority of International Law.Paolo G. Carozza - 2006 - Logos: A Journal of Catholic Thought and Culture 9 (1):28-55.
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  47. added 2019-06-06
    On the Alleged Conflict Between Democracy and International Law.Seyla Benhabib - 2005 - Ethics and International Affairs 19 (1):85-100.
    Benhabib examines one set of cosmopolitan norms determining a German Constitutional Court Case which denied long-term resident aliens voting privileges in local and district-wide elections, illuminating the “paradox of democratic legitimacy.”.
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  48. added 2019-06-06
    A Christian or a Laic Europe? Christian Values and European Identity.Agustin Jose Menendez - 2005 - Ratio Juris 18 (2):179-205.
    . European constitutional traditions share a commitment to freedom of conscience and religion, but differ on their interpretation of whether such freedoms do or do not require a clear cut separation of state and church. Weiler has advocated that the writing of a Constitution for the European Union is a very apt moment to reconsider the conceptualization of freedom of conscience and religion. On constitutional and historical grounds, he has advocated that a reference to Christian values should be made in (...)
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  49. added 2019-06-06
    Justice, Legitimacy and Self-Determination: Moral Foundations for International Law. [REVIEW]Duncan Kelly - 2005 - Journal of Moral Philosophy 2 (2):251-254.
  50. added 2019-06-06
    Self-Defense in International Law and Rights of Persons.Fernando R. Tesón - 2004 - Ethics and International Affairs 18 (1):87-91.
1 — 50 / 1033