Political Science

Justice, Legitimacy, and Self-Determination

Moral Foundations for International Law

Author: Allen Buchanan

Publisher: OUP Oxford

ISBN: 0191522465

Category: Political Science

Page: 520

View: 1555

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 justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan
Political Science

Justice, Legitimacy, and Self-determination

Moral Foundations for International Law

Author: Allen E. Buchanan

Publisher: Oxford University Press on Demand

ISBN: 0199297983

Category: Political Science

Page: 507

View: 2200

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 justice, not simply peace, among states a primary goal, and rejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpower pursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science, international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach or subject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan
Law

Justice, Legitimacy, and Self-determination

Moral Foundations for International Law

Author: Allen E. Buchanan

Publisher: Oxford University Press on Demand

ISBN: 0199297983

Category: Law

Page: 507

View: 3460

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 justice, not simply peace, among states a primary goal, andrejecting the view that it is permissible for a state to conduct its foreign policies exclusively according to what is in the 'the national interest'. He also shows that the only alternatives are not rigid adherence to existing international law or lawless chaos in which the world's one superpowerpursues its own interests without constraints. This book not only criticizes the existing international legal order, but also offers morally defensible and practicable principles for reforming it. Justice, Legitimacy, and Self-Determination will find a broad readership in political science,international law, and political philosophy. Oxford Political Theory presents the best new work in political theory. It is intended to be broad in scope, including original contributions to political philosophy and also work in applied political theory. The series contains works of outstanding quality with no restrictions as to approach orsubject matter. Series Editors: Will Kymlicka, David Miller, and Alan Ryan
Law

The Heart of Human Rights

Author: Allen Buchanan

Publisher: Oxford University Press

ISBN: 0199325383

Category: Law

Page: 320

View: 7053

This book provides a moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. Any attempt to achieve a moral assessment of that enterprise must first evaluate the system of international legal human rights, which includes both legal norms and the institutions that create, interpret, and implement them.
Law

Legitimacy, Justice and Public International Law

Author: Lukas H. Meyer

Publisher: Cambridge University Press

ISBN: 1139482106

Category: Law

Page: N.A

View: 1977

Do states or individuals stand under duties of international justice to people who live elsewhere and to other states? How are we to assess the legitimacy of international institutions such as the International Monetary Fund and the United Nations Security Council? Should we support reforms of international institutions and how should we go about assessing alternative proposals of such reforms? The book brings together leading scholars of public international law, jurisprudence and international relations, political philosophers and political theorists to explore the central notions of international legitimacy and global justice. The essays examine how these notions are related and how understanding the relationships will help us comparatively assess the validity of proposals for the reform of international institutions and public international law.
Philosophy

Human Rights, Legitimacy, and the Use of Force

Author: Allen Buchanan

Publisher: Oxford University Press

ISBN: 9780199741663

Category: Philosophy

Page: 352

View: 3695

The thirteen essays by Allen Buchanan collected here are arranged in such a way as to make evident their thematic interconnections: the important and hitherto unappreciated relationships among the nature and grounding of human rights, the legitimacy of international institutions, and the justification for using military force across borders. Each of these three topics has spawned a significant literature, but unfortunately has been treated in isolation. In this volume Buchanan makes the case for a holistic, systematic approach, and in so doing constitutes a major contribution at the intersection of International Political Philosophy and International Legal Theory. A major theme of Buchanan's book is the need to combine the philosopher's normative analysis with the political scientist's focus on institutions. Instead of thinking first about norms and then about institutions, if at all, only as mechanisms for implementing norms, it is necessary to consider alternative "packages" consisting of norms and institutions. Whether a particular norm is acceptable can depend upon the institutional context in which it is supposed to be instantiated, and whether a particular institutional arrangement is acceptable can depend on whether it realizes norms of legitimacy or of justice, or at least has a tendency to foster the conditions under which such norms can be realized. In order to evaluate institutions it is necessary not only to consider how well they implement norms that are now considered valid but also their capacity for fostering the epistemic conditions under which norms can be contested, revised, and improved.
Philosophy

A Political Theory of Territory

Author: Margaret Moore

Publisher: Oxford University Press, USA

ISBN: 0190222247

Category: Philosophy

Page: 263

View: 7132

This title offers a political self-determination theory of territory. Territorial disputes are at the centre of some of the most intractable controversies facing us today but it is also one of the most under-theorised concepts that we rely on. Most work in political philosophy, international relations, political science, and law take for granted the territorial imperative (that we need states, and states are necessarily territorial); yet, this book argues, territory itself requires a defence.
Law

The Philosophy of International Law

Author: Samantha Besson,John Tasioulas

Publisher: Oxford University Press

ISBN: 0199208581

Category: Law

Page: 611

View: 4820

This text contains 29 cutting-edge essays by philosophers and lawyers which address the central philosophical questions about international law. Its overarching theme is the moral and political values that should guide and shape the assessment and development of international law and institutions.
Law

Institutionalizing the Just War

Author: Allen Buchanan

Publisher: Oxford University Press

ISBN: 0190878436

Category: Law

Page: 336

View: 3747

"This book provides a new approach to theorizing the morality of war. It argues that sound moral principles regarding war-making must take into account the fact that the validity of moral principles regarding war-making can depend upon existing institutions and potential feasible institutional innovations."--Provided by publisher.
History

A History of the Self-Determination of Peoples

The Domestication of an Illusion

Author: Jörg Fisch

Publisher: Cambridge University Press

ISBN: 1107037964

Category: History

Page: 360

View: 4571

This book examines the conceptual and political history of the right of self-determination of peoples.
Political Science

A Liberal Theory of International Justice

Author: Andrew Altman,Christopher Heath Wellman

Publisher: OUP Oxford

ISBN: 0191619779

Category: Political Science

Page: 256

View: 4585

A Liberal Theory of International Justice advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral right to self-determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would-be immigrants.
Law

The Thin Justice of International Law

A Moral Reckoning of the Law of Nations

Author: Steven Richard Ratner,Steven R. Ratner

Publisher: Oxford University Press, USA

ISBN: 0198704046

Category: Law

Page: 471

View: 7360

Offering a new interdisciplinary approach to global justice and integrating the insights of international relations and contemporary ethics, this book asks whether the core norms of international law are just by appraising them according to a standard of global justice grounded in the advancement of peace and protection of human rights.
Law

Governmental Illegitimacy in International Law

Author: Brad R. Roth

Publisher: Oxford University Press on Demand

ISBN: 9780199243013

Category: Law

Page: 439

View: 4873

When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.
Political Science

Order and Justice in International Relations

Author: Rosemary Foot,John Lewis Gaddis,Andrew Hurrell

Publisher: OUP Oxford

ISBN: 0199251207

Category: Political Science

Page: 313

View: 2155

This work analyses the relationship between international order and justice in the study and practice of 20th and 21st century international relations. Particular attention is given to the topic of globalization.
Law

Legal Republicanism

National and International Perspectives

Author: Samantha Besson,José Luis Martí

Publisher: Oxford University Press

ISBN: 0199559163

Category: Law

Page: 347

View: 2858

Interest in republicanism as a political theory has burgeoned in recent years, but its implications for the understanding of law have remained largely unexplored. Legal Republicanism is the first book to offer a comprehensive, critical survey of the potential for creating republican accounts of fundamental issues in law and legal theory. Bringing together contributors with backgrounds in political and legal philosophy, the essays in the volume assess republicanism's historical traditions, conceptual coherence, and normative proposals. The collection offers a valuable insight into new debates taking place in republican political and legal theory. It also analyses potential republican approaches to concrete issues arising in areas of law such as criminal, constitutional and international law. Finally, the book includes comparisons between republican legal traditions and how they react to contemporary challenges. The book will be of value to political and democratic theorists, to legal philosophers and constitutional theorists, and all those interested in the legitimacy of decision-making in national and international settings.
Philosophy

A Theory of Justice

Author: John RAWLS

Publisher: Harvard University Press

ISBN: 0674042603

Category: Philosophy

Page: 623

View: 8711

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.
Philosophy

Social Justice

The Moral Foundations of Public Health and Health Policy

Author: Madison Powers,Ruth Faden

Publisher: Oxford University Press

ISBN: 9780199705191

Category: Philosophy

Page: 248

View: 8775

In bioethics, discussions of justice have tended to focus on questions of fairness in access to health care: is there a right to medical treatment, and how should priorities be set when medical resources are scarce. But health care is only one of many factors that determine the extent to which people live healthy lives, and fairness is not the only consideration in determining whether a health policy is just. In this pathbreaking book, senior bioethicists Powers and Faden confront foundational issues about health and justice.
Law

Philosophical Foundations of Human Rights

Author: Rowan Cruft,S. Matthew Liao,Massimo Renzo

Publisher: Oxford University Press

ISBN: 0199688621

Category: Law

Page: 650

View: 649

Readership: This book would be suitable for students, academics and scholars of law, philosophy, politics, international relations and economics
Law

Sovereign Equality and Moral Disagreement

Author: Brad Roth

Publisher: Oxford University Press

ISBN: 0195342666

Category: Law

Page: 303

View: 1263

The boundaries of the international order's pluralism remain variable, and relative convergences in both values and interests over time have led to the broadening of exceptions to sovereign prerogative, such as jus cogens, universal jurisdiction, and humanitarian intervention. With little prospect of these long term trends diminishing in either momentum or scope, this book weighs in to consider the enduring importance of sovereignty.
Law

Self-Determination and Secession in International Law

Author: Christian Walter,Antje von Ungern-Sternberg,Kavus Abushov

Publisher: OUP Oxford

ISBN: 0191006912

Category: Law

Page: 340

View: 7928

Peoples and minorities in many parts of the world assert a right to self-determination, autonomy, and even secession from a state, which naturally conflicts with that state's sovereignty and territorial integrity. The right of a people to self-determination and secession has existed as a concept within international law since the American Declaration of Independence in 1776, but the exact definition of these concepts, and the conditions required for their application, remain unclear. The Advisory Opinion of the International Court of Justice concerning the Declaration of Independency of Kosovo (2010), which held that the Kosovo declaration of independence was not in violation of international law, has only led to further questions. This book takes four conflicts in the post-Soviet Commonwealth of Independent States (CIS) as a starting point for examining the current state of the law of self-determination and secession. Four entities, Transnistria (Moldova), South Ossetia, Abkhazia (both Georgia), and Nagorno-Karabakh (Azerbaijan), claim to be entitled not only to self-determination but also to secession from their mother state. For this entitlement they rely on historic affiliations, and on charges of discrimination and massive human rights violations committed by their mother state. This book sets out its analysis of these critical issue in three parts, providing a detailed understanding of the principles of international law on which they rely: The first part sets out the contours and meaning of self-determination and secession, including an overall assessment of secession within the Commonwealth of Independent States. The second section provides case studies investigating the events in Transnistria, South Ossetia, Abkhazia, and Nagorno-Karabach in greater detail. The third and final section extends the scope of the examination, providing a comparative analysis of similar conflicts involving questions of self-determination and secession in Kosovo, Western Sahara, and Eritrea.