Fairness in International Law and Institutions

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Fairness in International Law and Institutions

Thomas M. Franck

Abstract

This book offers a compelling view of the future of international legal reasoning and legal theory. It 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.

Keywords: international legal reasoning, legal theory, abstract social values, international law

Bibliographic Information

Print publication date: 1998	Print ISBN-13: 9780198267850
Published to Oxford Scholarship Online: March 2012	DOI:10.1093/acprof:oso/9780198267850.001.0001

Authors

Affiliations are at time of print publication.

Thomas M. Franck, Author
New York University

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Front Matter

Title Pages

Dedication

Acknowledgments

Table of Cases

Table of Conventions and Treaties

Table of Legislation

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 Fairness1

PART II Fairness in Empowerment of Persons and People

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’s Good Offices and Other ‘Third Party’ Functions1

7 The Bona Fides of Power: Security Council and Threats to the Peace

8 Just and Unjust War1

9 Collective Security: Sharing Responsibility and Burdens

10 Judicial Fairness: The International Courts 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

End Matter

Index

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Fairness in International Law and Institutions

Thomas M. Franck

Abstract

Bibliographic Information

Authors

Affiliations are at time of print publication.

Contents

Front Matter

Title Pages

Dedication

Acknowledgments

Table of Cases

Table of Conventions and Treaties

Table of Legislation

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 Fairness1

PART II Fairness in Empowerment of Persons and People

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’s Good Offices and Other ‘Third Party’ Functions1

7 The Bona Fides of Power: Security Council and Threats to the Peace

8 Just and Unjust War1

9 Collective Security: Sharing Responsibility and Burdens

10 Judicial Fairness: The International Courts 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

End Matter

Index

Select your specializations: Select All / Clear Selections

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Fairness in International Law and Institutions

Thomas M. Franck

Abstract

Bibliographic Information

Authors

Affiliations are at time of print publication.

Subject(s) in Oxford Scholarship Online

Contents

Front Matter

PART I A Critical Analytical Framework for a Critique of International Law

PART II Fairness in Empowerment of Persons and People

PART III Fairness and Institutional Power

PART IV The Law and Institutions of Distributive Justice

PART V Fairness about Fairness: Shaping a Global Discourse

End Matter