Fairness in International Law and Institutions
International Law has developed dramatically during the past few decades alongside numerous international institutions. This book sheds new light on traditional elements of international law and serves as an introduction to the new law and multilateral institutions concerned with issues such as global security, economic development, environmental protection, and self-determination. The central purpose of the book, however, is not simply to inform the reader about recent developments, but to attempt a critique of their fairness. To that end, the author develops a theory of fairness that draws on historical, philosophical, and sociological sources. Within the concept of fairness, the author contends that developed notions of justice and legitimacy reflect society's ambiguities regarding the right balance between change and order. This book, based on Professor Franck's Hague Academy General Course, offers a critical analysis of the prescriptive norms and institutions of modern international law has the capacity to advance, in practice, the abstract social values shared by the community of persons and states.
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The PostOn tological Search for Fairness
The Gatekeepers of Fairness Discourse
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action agreement allocation application arbitration Article 51 Assembly authority Chapter VII Charter civil claim compliance conflict constitute Continental Shelf Covenant Croatia decision delimitation democracy democratic entitlement developing countries dispute distributive justice economic effect El Salvador elections electoral enforcement environmental equity established European example fairness discourse force France GAOR Geneva Convention global Gulf of Maine Human Rights Ibid ICJ Reports implementation independent institutions international community International Court international law International Law Commission intervention Intl issue judges jurisdiction Kuwait legitimacy legitimate measures military monitoring negotiations neo-tribal Nicaragua normative obligation organizations participate parties peacekeeping political principle procedures protection Protocol regime regional Report SG resolution role rules sanctions SC Res Secretary-General Secretary-General's Security Council self-determination STABEX Supp supra note territory threat trade treaty tribunal United Nations UNPROFOR UNTS uti possidetis violation Western Sahara World Yugoslavia