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Vol 21 No 11 Nov/Dec 2016

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Fiduciaries of Humanity: How International Law Constitutes Authority


ISBN13: 9780199397921
Published: October 2016
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £62.00



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Public international law has embarked on a new chapter. Over the past century, the classical model of international law, which emphasized state autonomy and interstate relations, has gradually ceded ground to a new model. Under the new model, a state's sovereign authority arises from the state's responsibility to respect, protect, and fulfill human rights for its people.

In Fiduciaries of Humanity: How International Law

Constitutes Authority, Evan J. Criddle and Evan Fox-Decent argue that these developments mark a turning point in the international community's conception of public authority.

In contrast to the receding classical model of public international law, which assumes an abiding tension between a state's sovereignty and principles of state responsibility, the fiduciary theory reconciles state sovereignty and responsibility by explaining how a state's obligations to its people are constitutive of its legal authority under international law.

The authors elaborate and defend the fiduciary model while exploring its application to a variety of current topics and controversies, including human rights, emergencies, the treatment of detainees in counterterrorism operations, humanitarian intervention, and the protection of refugees fleeing persecution.

Subjects:
Public International Law
Contents:
Acknowledgments
1. The Fiduciary Character of Sovereignty
I Introduction
II The Classical Model of Sovereignty
III From Classical Sovereignty to Relational Sovereignty
IV The Fiduciary Model of Sovereignty
V The Legal Structure of Fiduciary Relationships
VI The Moral Foundations of Fiduciary Obligation
VII A Kantian Theory of Fiduciary Sovereignty
VIII Lockean and Razian Theories of Fiduciary Sovereignty
IX The Fiduciary Constitution of International Law
X Summary of the Argument
2. Creating Fiduciary States
I Introduction
II Constituting Fiduciary States
III Distributing Sovereignty
IV Recognizing Fiduciary States
V A Deliberative Theory of State Recognition
VI Conclusion
3. Human Rights and Jus Cogens
I Introduction
II Developing Jus Cogens and International Human Rights Law
III In Search of a Theory
IV Fiduciary States and International Norms
V The Questions Revisited
VI Objections to the Fiduciary Theory
VII Conclusion
4. FIDUCIARY STATES IN EMERGENCIES
I Introduction
II International Law's Emergency Constitution
III Fiduciary States, Human Rights, and Emergencies
IV Carl Schmitt's Challenge
V The Fiduciary Theory's Response
VI The Role of Courts and International Institutions
VII On the Relationship Between Law and Power
VIII Conclusion
5. FIDUCIARY STATES IN ARMED CONFLICT
I Introduction
II Fiduciary States' Responsibility To Protect
III Fiduciary Realism
IV Fiduciary States as Trustees of Humanity
V International Armed Conflict
VI Internal Armed Conflict
VII Asymmetric Self-Defense
VIII Occupation
IX Humanitarian Intervention
X Conclusion
6. COSMOPOLITAN CITIZENSHIP: DETAINING FOREIGN NATIONALS
I Introduction
II A Fiduciary Account of Combatant Detention
III The Geneva Conventions
IV Black Holes
V The Problem of Classified Evidence
VI Conclusion
7. COSMOPOLITAN CITIZENSHIP: THE RIGHT TO REFUGE
I Introduction
II The Development of International Refugee Law
III Humanitarianism, Human Rights, and Territory
IV A Fiduciary Interpretation of International Refugee Law
V Conclusion
8. INTERNATIONAL INSTITUTIONS AS TRUSTEES OF HUMANITY
I Introduction
II International Institutions as Indirect Trustees of Humanity
III International Institutions as Direct Trustees of Humanity
IV The Authority and Obligations of International Institutions
V The Relationship Between International and Domestic Institutions
VI Conclusion and Future Directions
Index