This new book by one of the most distinguished scholars of his generation offers a compelling view of modern international law. Based upon his Hague Academy lectures, the author establishes a framework through which the legal reasoning and theories which inform modern international law can be understood by students seeking an introduction to this large and complex area of law. He offers a critical analysis of the prescriptive norms and institutions of modern international law and argues that they have the capacity to advance, in practice, the abstract social values shared by the community of States and persons.
Part I: A Critical Analytical Framework for a Critique of International Law 1. Fairness and International Law: An Analytical Framework 2. Legitimacy and Fairness 3. Equity as Fairness Part II: Fairness in Empowerment of Persons and Peoples 4. Fairness to Persons: The Democratic Entitlement 5. Fairness to Peoples and their Right to Self-Determination Part III: Fairness and Institutional Power 6. Administrative Impartiality as Fairness: The UN Secretary-General Good Offices and Other Third Party Functions 7. The Bona Fides of Power: Security Control and Threats to the Peace 8. Just and Unjust War 9. Collective Security: Sharing Responsibility and Burdens 10. Judicial Fairness: The International Court of Justice Part IV: The Law and Institutions of Distributive Justice 11. Law, Moral Philosophy and Economics in Environmental Discourse 12. Some Instances of Fairness in Establishing Environmental Normative Systems 13. Economic Fairness: Terms of Development and Trade 14. Fairness in International Investment Law Part V: Fairness about Fairness: Shaping a Global Discourse 15. Forums of Fairness
This thorough, scholarly treatise is bound to become a standard....Highly recommended for graduate students and facultl³„