A Philosophy of International Law

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Westview Press, Mar 20, 1998 - Law - 196 pages
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This study argues that an overlapping respect for human rights has created a moral common ground among the countries of the world. The author advocates reform of the international legal system, to give priority to human dignity and freedom.
 

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Contents

Sovereignty and Intervention
39
International Law Game Theory and Morality
73
The Rawlsian Theory of International Law
105
SelfDetermination Group Rights and Secession
127
Feminism and International Law
157
Index
189
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Page 130 - All peoples have the right to self-determination; by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
Page 4 - Act in such a way that you always treat humanity, whether in your own person or in the person of any other, never simply as a means, but always at the same time as an end.
Page 66 - The state as a person of international law should possess the following qualifications: a) a permanent population; b) a defined territory; c) government; and d) capacity to enter into relations with the other states.
Page 93 - A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law. For the purposes of the present Convention, a peremptory norm of general international law is a norm accepted and recognized by the international community of States as a whole as a norm from which no derogation is permitted and which can be modified only by a subsequent norm of general international law having the same character.
Page 4 - Act only on that maxim through which you can at the same time will that it should become a universal law', which he restates a few sentences later as.
Page 4 - Now I say that man, and in general every rational being, exists as an end in himself, not merely as a means for arbitrary use by this or that will: he must in all his actions, whether they are directed to himself or to other rational beings, always be viewed at the same time as an end.
Page 29 - ... the necessity of acting from pure respect for the practical law is what constitutes duty, to which every other motive must give...

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About the author (1998)

Fernando R. Tesón is professor of law at Arizona State University.

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