The UN Friendly Relations Declaration at 50


Book Description

The year 2020 marks the 75th anniversary of the United Nations Organisation, and the 50th anniversary of the United Nations Friendly Relations Declaration, which states the fundamental principles of the international legal order. In commemoration, some of the world's most prominent international law scholars from all continents have come together to offer a comprehensive study of the fundamental principles of international law. Each chapter in this volume reflects decades of experience, work and reflection by the most authoritative voices of the field. At the same time, the book is an invitation to end narrow specialisation and re-engage with the wider body of rules and processes that lie at the foundations of the international legal order.




Hegemony and Sovereign Equality


Book Description

The “interest contiguity theory,” which is the book’s centerpiece, holds that rather than a smooth, one-way cruise through history, humankind’s journey from the inception to the present has brought him/her face to face with broadly three types of interests. The first is the individual interest, which, strange as it may sound, tends to be internally contradictory. The second is society’s (or “national”) interest which, due to the clash of wills, is even more difficult than personal interest to harmonize. The third is the interest espoused to justify the establishment and maintenance of supranational institutions. Though conflicting, some interests are, due to their relative closeness (or contiguity), more easily reconcilable than others. In tracing the links between and among the three broad types of interests, the book begins with a brief philosophical discussion and then proceeds to examine the implications of human knowledge for individual liberty. Against the backdrop of the epistemological and ontological questions raised in the first chapter, the book examines the contending perspectives on the theory of the state, and in particular, the circumstances under which it is justified to place the interest of society over that of the individual. The focus of the fourth chapter is on the insertion of the supranational governance constant in the sovereignty equation, and on the conflict between idealist and realist, and between both and the Kantian explanations for the new order. The adequacy or otherwise of the conflicting explanations of the change from anarchy to a ‘new world order’ is the subject taken up in the succeeding chapters. Besides suggesting a new analytical tool for the study of politics and international relations, the contiguity theory offers statespersons new lenses with which to capture the seismic, perplexing and sometimes disconcerting changes unfolding before their eyes.




Sovereign Equality and Moral Disagreement


Book Description

In Sovereign Equality and Moral Disagreement: Premises of a Pluralist International Legal Order, Professor Brad R. Roth provides readers with a working knowledge of the various applications of sovereign equality in international law, and defends the principle of sovereign equality as a morally sound response to disagreements in the international realm. The United Nations system's foundational principle of sovereign equality reflects persistent disagreement within its membership as to what constitutes a legitimate and just internal public order. While the boundaries of the system's pluralism have narrowed progressively in the course of the United Nations era, accommodation of diversity in modes of internal political organization remains a durable theme of the international order. This accommodation of diversity underlies the international system's commitment to preserving a state's territorial integrity and political independence, sometimes at the expense of efforts to establish a universal justice that transcends territorial boundaries. Efforts to establish a universal justice, however, need to heed the dangers of allowing powerful states to invoke universal principles to rationalize unilateral (and often self-serving) impositions upon weak states. In Sovereign Equality and Moral Disagreement, Brad R. Roth explains that though frequently counterintuitive, limitations on cross-border exercises of power are supported by substantial moral and political considerations, and are properly overridden only in a limited range of cases.




The Closure of the International System


Book Description

Explains how actors control access to international resources, creating a stratified international system of political equals and unequals.




Peremptory Norms of General International Law (Jus Cogens)


Book Description

Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.







Sovereign (In) Equality in International Organizations


Book Description

This book challenges the dominant intellectual assumptions of mainstream international law scholarship regarding the principle of Sovereign Equality. The animus and scope of this challenge is situated in the context of the decision-making processes in International Governmental Organizations (IGOs) which employ the `one state, one vote' and/or the `weighted voting' rule. Using the theories of Functionalism and Legitimacy to analyze the legal implications and complications of the principal voting mechanisms and voting practices of certain key IGOs vis-à-vis the doctrine of Sovereign Equality, the author establishes that this doctrine has remained far too orthodox for contemporary realities. In this context, she emphasizes the importance of the necessity for functional legitimate decision-making processes in global governance, and, accordingly, advocates the elimination of the anachronistic and non-viable principle of Sovereign Equality from international institutional law. The author also rejects the introduction of any new principle in IGOs - e.g. democratic governance - which will render decision-making even less functional.




The Thin Justice of International Law


Book Description

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.




Charter of the United Nations and Statute of the International Court of Justice


Book Description

The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.




The Sovereignty Wars


Book Description

Now in paperback—with a new preface by the author Americans have long been protective of the country's sovereignty—all the way back to George Washington who, when retiring as president, admonished his successors to avoid “permanent” alliances with foreign powers. Ever since, the nation has faced periodic, often heated, debates about how to maintain that sovereignty, and whether and when it is appropriate to cede some of it in the form of treaties and the alliances about which Washington warned. As the 2016 election made clear, sovereignty is also one of the most frequently invoked, polemical, and misunderstood concepts in politics—particularly American politics. The concept wields symbolic power, implying something sacred and inalienable: the right of the people to control their fate without subordination to outside authorities. Given its emotional pull, however, the concept is easily high-jacked by political opportunists. By playing the sovereignty card, they can curtail more reasoned debates over the merits of proposed international commitments by portraying supporters of global treaties or organizations as enemies of motherhood and apple pie. Such polemics distract Americans from what is really at stake in the sovereignty debate: the ability of the United States to shape its destiny in a global age. The United States cannot successfully manage globalization, much less insulate itself from cross-border threats, on its own. As global integration deepens and cross-border challenges grow, the nation's fate is increasingly tied to that of other countries, whose cooperation will be needed to exploit the shared opportunities and mitigate the common risks of interdependence. The Sovereignty Wars is intended to help today's policymakers think more clearly about what is actually at stake in the sovereignty debate and to provide some criteria for determining when it is appropriate to make bargains over sovereignty—and how to make them.