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Fiduciaries of Humanity

How International Law Constitutes Authority

Criddle, Evan J. (Professor of Law, Professor of Law, William & Mary Law School) & Fox-Decent, Evan (Associate Professor, Associate Professor, McGill University, Faculty of Law)

Fiduciaries of Humanity

Fiduciaries of Humanity

How International Law Constitutes Authority

Fiduciaries of Humanity

 

Over the past century, a new model of international law has developed under which a state's sovereign authority arises from the state's responsibility to respect, protect, and fulfill human rights for its people.


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Beschrijving Fiduciaries of Humanity

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. Under international law today, states serve as fiduciaries of humanity, and their authority to govern and represent their people is dependent on their satisfaction of numerous duties, the most general of which is to establish a regime of secure and equal freedom on behalf of the people subject to their power. International institutions also serve as fiduciaries of humanity and are subject to similar fiduciary obligations. 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.


ISBN
9780199397921
Pagina's
392
Verschenen
NUR
820
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP USA

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