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Brooklyn Journal of International Law
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
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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 …