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International Law

University of Michigan Law School

Global justice

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Full-Text Articles in Law

International Law And Political Philosophy: Uncovering New Linkages, Steven R. Ratner Apr 2019

International Law And Political Philosophy: Uncovering New Linkages, Steven R. Ratner

Articles

The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each …


Global Investment Rules As A Site For Moral Inquiry, Steven R. Ratner Nov 2018

Global Investment Rules As A Site For Moral Inquiry, Steven R. Ratner

Articles

The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each …


International Investment Law Through The Lens Of Global Justice, Steven Ratner Nov 2017

International Investment Law Through The Lens Of Global Justice, Steven Ratner

Law & Economics Working Papers

The last decade has witnessed a series of criticisms from states, NGOs, and scholars of international investment law’s rules and procedures. Running in parallel, and for a longer period, political philosophers have developed theories about what would constitute a just international economic order. Yet international law and philosophy have not directly engaged with one another regarding the justice of international investment law. This article attempts to breach that gap by analyzing the key critiques of investment law from the perspective of theories of global justice. Philosophical approaches are useful for appraising investment law because they offer a rigorous framework for …


Thick Law, Thin Justice, Patrick Macklem Apr 2017

Thick Law, Thin Justice, Patrick Macklem

Michigan Law Review

Review of The Thin Justice of International Law: A Moral Reckoning of the Law of Nations by Steven R. Ratner.


Ethics And International Law: Integrating The Global Justice Project(S), Steven R. Ratner Jan 2013

Ethics And International Law: Integrating The Global Justice Project(S), Steven R. Ratner

Articles

Academic discourse on global justice is at an all-time high. Within ethics and international law, scholars are undertaking new inquiries into age-old questions of building a just world order. Ethics – political and moral philosophy – poses fundamental questions about responsibilities at the global level and produces a tightly reasoned set of frameworks regarding world order. International law, with its focus on legal norms and institutional arrangements, provides a path, as well as illuminates the obstacles, to implementing theories of the right or of the good. Yet despite the complementarity of these two projects, neither is drawing what it should …