Sovereign equality and moral disagreement : premises of a pluralist international legal order / Brad R. Roth.

Format:

Book

Author/Creator:

Roth, Brad R., author.

Language:

English

Subjects (All):

Sovereignty.

United Nations.

Physical Description:

1 online resource (314 p.)

Place of Publication:

New York ; Oxford : Oxford University Press, c2011.

Language Note:

English

Summary:

In Sovereign Equality and Moral Disagreement: Premises of a Pluralist International Legal Order, author Brad R. Roth provides readers with a unifying account 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.

Contents:

Cover; Contents; Acknowledgments; 1. A Different Sovereignty Discourse: Sovereign Equality as a Response to Disagreement; I. Sovereignty Discourses; II. Why Invoke the Language of Sovereignty?; III. Neither Moral Relativism nor Natural Justice: Sovereignty Equality as a Legal Response to Moral Disagreement; IV. The Equal Sovereignty of Weak States; V. Human Rights as a Shield, or a Sword?; VI. The Way Forward; 2. The Project of International Legal Order; Introduction; I. Moral and Practical Considerations in the Crafting of Legal Standards

II. Moral and Practical Considerations in Adjudication of International LawA. POSITIVISM, NATURALISM, AND THE SOURCES OF INTERNATIONAL LAW; B. THE JURIDICAL ROLE; C. THE NATURE OF PUBLIC LAW; III. Moral Obligations to Comply with Existing International Law; A. THE OBLIGATION TO OBEY LAW AS SUCH; B. THE OBLIGATION TO OBEY INTERNATIONAL LAW AS SUCH; C. OVERCOMING THE PRESUMPTION: MORAL JUSTIFICATIONS FOR BREACH; Conclusion; 3. The International Law of Sovereign Equality; Introduction; I. The Many Meanings of Sovereignty; A. SOVEREIGNTY AS AN EMPIRICAL CONDITION

B. SOVEREIGNTY AS A POLICY IMPERATIVEC. SOVEREIGNTY AND DOMESTIC LEGALITY; D. SOVEREIGNTY AND INTERNATIONAL LEGALITY: THE SOVEREIGN EQUALITY REGIME; II. The Persistence of "Antiquated" Sovereignty Within International Law; A. THE RECOGNIZED SOURCES OF LAW; B. THE INTERFACE BETWEEN THE INTERNATIONAL AND DOMESTIC LEGAL SYSTEMS; C. THE FUNDAMENTAL STRICTURE AGAINST COERCIVE INTERVENTION; III. Self-Determination and Non-Intervention; A. POPULAR SOVEREIGNTY AND EFFECTIVE CONTROL; B. PEOPLES AND TERRITORIAL UNITS; IV. Assertions of Normative Hierarchy in International Law; Conclusion

4. Global Pluralism and Conflicting Political MoralitiesIntroduction; I. The Elusive Consensus on Universal Norms; II. Culture-Based Pluralisms; A. WALZER AND RAWLS; B. REJECTING CULTURE-BASED PLURALISM; III. The Moral Justification of a Non-Culture-Based Pluralism; A. COLLECTIVE SELF-DETERMINATION AND MORAL DISAGREEMENT; B. THE MORAL SIGNIFICANCE OF THE STATE; C. PLURALISM AT THE FAR END: POLITICAL CONFLICT AND THE PHYSICAL INTEGRITY OF THE PERSON; D. PATRIOTISM AND THE DUTY TO UPHOLD A COMMUNITY'S POLITICAL INDEPENDENCE; IV. Moral Disagreement as the Foundation of a Pluralist Global Order

A. THE MORAL IMPLICATIONS OF DISAGREEMENTB. THE POLICY JUSTIFICATION OF A NON-CULTURE-BASED PLURALISM; C. THE LEGAL TERMS OF A BOUNDED PLURALISM; Conclusion; 5. Reconciling the Non-Intervention Norm with the "Responsibility to Protect"; Introduction; I. The Challenge to the Premises of the Charter Peace and Security System; II. Rationalizing the Use of Force Outside the Charter Framework: Three Jurisprudential Approaches; A. BENDING THE LAW: POLICY-ORIENTED JURISPRUDENCE; B. BREAKING THE LAW: POSITIVISM FOR MORALISTS; C. HUMANITARIAN INTERVENTION AND THE PROGRESSIVE DEVELOPMENT OF THE LAW

III. Overselling the Responsibility to Protect: The Dangers of Disparaging Constraints on Empowered Moralism

Notes:

Includes bibliographical references and index.

Includes index.

Description based on print version record.

ISBN:

0-19-971159-3

0-19-991822-8