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Vol 21 No 11 Nov/Dec 2016

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Fairness in International Law and Institutions


ISBN13: 9780198267850
ISBN: 0198267851
Published: April 2000
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £38.99



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

This book is based on Professor Franck's highly acclaimed Hague Academy General Course. In it he offers a compelling view of the future of international legal reasoning and legal theory.

The author offers a critical analysis of the prescriptive norms and institutions of modern international law and argues that international law has the capacity to advance, in practice, the abstract social values shared by the community of states and persons.

This book is both thought-provoking and original and as such is essential reading for students of international law and legal theory.

Subjects:
Public International Law
Contents:
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