A Philosophy of International Law
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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analysis argument assumption behavior Brilmayer categorical imperative Chapter Charlesworth choices citizens claim coercion collective right communitarian conception consent cooperation critique culture defection defend Definitive Article democratic government dissenters domestic duty ethical example feminism foreign freedom game theory hierarchical societies human rights Humanitarian Intervention illegitimate government illiberal Immanuel Kant individual rights injustice international acts International Court international human rights international law international lawyers international legal international relations John Rawls Journal of International justified Kant Kant's Kantian thesis legitimacy legitimate liberal alliance liberal democracies liberal societies liberal theory matrix moral national interest nonliberal obligation pacta sunt servanda payoffs PD situation Perpetual Peace persons Philosophy political positivist preferences principle prudential question radical feminists Rawls Rawls's Realist reason regimes requires rule secession self-determination self-interest social contract sovereignty special group rights statism supra note territory theory of international Theory of Justice tradition treaty United Nations utilitarian women
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 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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Hannah Arendt and the Challenge of Modernity: A Phenomenology of Human Rights
No preview available - 2008