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Series

2009

International Law

International Law

William & Mary Law School

Articles 1 - 7 of 7

Full-Text Articles in Law

The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle Dec 2009

The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle

Faculty Publications

We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states (or statelike actors) and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state’s fiduciary duty to provide equal security under the rule of law, a duty that flows from the state’s institutional assumption of irresistible sovereign powers.


Ratify The Un Disability Treaty, Michael Ashley Stein, Janet E. Lord Jul 2009

Ratify The Un Disability Treaty, Michael Ashley Stein, Janet E. Lord

Popular Media

No abstract provided.


A Fiduciary Theory Of Jus Cogens, Evan J. Criddle, Evan Fox-Decent Jul 2009

A Fiduciary Theory Of Jus Cogens, Evan J. Criddle, Evan Fox-Decent

Faculty Publications

No abstract provided.


Collaborative Governance: Lessons For Europe From U.S. Electricity Restructuring, Charles H. Koch Jr. Apr 2009

Collaborative Governance: Lessons For Europe From U.S. Electricity Restructuring, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


Deriving Peremptory Norms From Sovereignty, Evan J. Criddle, Evan Fox-Decent Mar 2009

Deriving Peremptory Norms From Sovereignty, Evan J. Criddle, Evan Fox-Decent

Faculty Publications

No abstract provided.


Book Review Of Freedom From Poverty As A Human Right: Who Owes What To The Very Poor?, Michael Ashley Stein Jan 2009

Book Review Of Freedom From Poverty As A Human Right: Who Owes What To The Very Poor?, Michael Ashley Stein

Faculty Publications

No abstract provided.


Constitutional Displacement, Timothy Zick Jan 2009

Constitutional Displacement, Timothy Zick

Faculty Publications

This Article examines the intersection between territory and constitutional liberty. Territoriality, as defined by Robert Sack, is the attempt to affect, influence, or control people, phenomena, and relationships by delimiting and asserting control over a geographic area. Territoriality affects constitutional liberty in profound ways. These effects have been apparent in certain infamous historical episodes, including the territoriality of racial segregation, the geographic exclusion and internment of Japanese-Americans during World War II, early state migratory exclusions, and isolation of the sick and mentally ill. Today, governments are resorting to territorial restrictions in an increasing number of circumstances, including detention of enemy …