Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Agency (1)
- Civil Law (1)
- Common Law (1)
- Comparative and Foreign Law (1)
- Conflict of Laws (1)
-
- Courts (1)
- Criminal Law (1)
- Health Law and Policy (1)
- Human Rights Law (1)
- International Humanitarian Law (1)
- International Trade Law (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Law and Economics (1)
- Law and Philosophy (1)
- Law and Politics (1)
- Legal History (1)
- Military, War, and Peace (1)
- National Security Law (1)
- Nonprofit Organizations Law (1)
- Other Law (1)
- Rule of Law (1)
- State and Local Government Law (1)
- Transnational Law (1)
- Keyword
-
- European Union; Republicanism; Republican; Public Goods; Freedoms; Human Diginity; Public law; State; Liberalism; Eyal Benvensti; International law; Globalization; 1948 Universal Declaration of Human Rights; European Convention on Human Rights; European Court of Human Rights; International Court of Justice; Chart of the United Nations; Utilitarian; Immanuel Kant; Inalienable; John Locke; Natural law; Right of nations; Arthur Ripstein (1)
- Palestine; PLO; Palestine Liberation Organization; United Nations; Hyderabad; Ossetia; U.N.; jus cogens; jus in bello; jus ad bellum; Treaties; Treaty Regimes; UNESCOl WHO; IMF; ICC (1)
- Statehood; Relative Statehood; Functional Statehood; De Facto Statehood; De Jure Statehood; Quasi-Statehoood; ex injuria non jus oritur; Contemporary International Law; Customary International Law; International Law; Legal Personality; Private Rights; Human Rights; International Criminal Law; Use of Force; Immunity (1)
Articles 1 - 2 of 2
Full-Text Articles in Natural Law
Functional Statehood In Contemporary International Law, William Thomas Worster
Functional Statehood In Contemporary International Law, William Thomas Worster
Brooklyn Journal of International Law
The international community lacks a form of territorial-based, international legal personality distinct from statehood, and yet, non-state, territorial entities of varying degrees of autonomy or independence need to function within the international community in some form. Some of these entities cannot be recognized as states because their creation violates jus cogens norms, though others are not recognized based on an assessment that they may not fully qualify as a state or that there are political reasons to refuse recognition. However, existing states still need to engage with these territorial quasi-states through the only paradigm the international community has—statehood. For example, …
Unilateral Jurisdiction To Provide Global Public Goods: A Republican Account, Aravind Ganesh
Unilateral Jurisdiction To Provide Global Public Goods: A Republican Account, Aravind Ganesh
Brooklyn Journal of International Law
Failures of international cooperation with regard to protecting the environment, regulating cross-border competition, and preventing terrorism have sometimes lead states to enact unilateral measures with extraterritorial effect. A common trend among international legal scholars defending these measures is to employ the concept of ‘global public goods,’ understood as desirable, utility-advancing things that tend, for various reasons, to be undersupplied by states acting separately. On this view, unilateral measures are justified on grounds that they address ‘harms’ to ‘interests’ that cannot be contained within individual states, or because they advance supposedly universal ‘values.’ Drawing from the ‘republican’ legal and political philosophy …