What is a fair international society? : international law between development and recognition / Emmanuelle Tourme-Jouannet.

Format:

Book

Author/Creator:

Jouannet, Emmanuelle, author.

Series:

French studies in international law ; v. 5.

French studies in international law ; v. 5

Standardized Title:

Qu'est-ce qu'une société juste? English

Language:

English

Subjects (All):

Equality.

Fairness.

International law and human rights.

International law--Philosophy.

International law.

Justice.

Law and economic development.

Recognition (International law).

Physical Description:

1 online resource (420 p.)

Edition:

1st ed.

Place of Publication:

Oxford ; Portland, Oregon : Hart Publishing, 2013.

Language Note:

English

Summary:

"Today's world is post-colonial and post-Cold War. These twin characteristics explain why international society is also riddled with the two major forms of injustice which Nancy Fraser identified as afflicting national societies. First, the economic and social disparities between states caused outcry in the 1950s when the first steps were taken towards decolonisation. These inequalities, to which a number of emerging states now contribute, are still glaring and still pose the problem of the gap between formal equality and true equality. Second, international society is increasingly confronted with culture- and identity-related claims, stretching the dividing line between equality and difference. The less-favoured states, those that feel stigmatised, but also native peoples, ethnic groups, minorities and women now aspire to both legal recognition of their equal dignity and the protection of their identities and cultures. Some even seek reparation for injustices arising from the past violation of their identities and the confiscation of their property or land. In answer to these two forms of claim, the subjects of international society have come up with two types of remedy encapsulated in legal rules: the law of development and the law of recognition. These two sets of rights are neither wholly autonomous and individualised branches of law nor formalised sets of rules. They are imperfect and have their dark side. Yet they can be seen as the first milestones towards what might become a fairer international society; one that is both equitable (as an answer to socio-economic injustice) and decent (as an answer to cultural injustice). This book explores this evolution in international society, setting it in historical perspective and examining its presuppositions and implications."--Bloomsbury Publishing.

Contents:

Introduction

Classical international law and development

The new international development law

An appraisal

Prospects and alternatives

The evolution of recognition internationally

Law and cultural diversity

Recognition through rights

Reparations for historical wrongs : the lessons of Durban

The law of recognition versus international development law and international economic law

Conclusion.

Notes:

"Translation of a French book first written in 2010 and published by Editions Pedone. It is based on international reports of the time ... [and includes] updated references to those reports that provide new insights"--Page ix.

Includes bibliographical references and index.

ISBN:

9781474200172

1474200176

9781782252771

1782252770

9781782252764

1782252762

OCLC:

863158229