A philosophy of international law
In: New perspectives on law, culture, and society
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In: New perspectives on law, culture, and society
In: ASIL studies in international legal theory
"When can a group legitimately form its own state? Under international law, some groups can but others cannot. But the standard is unclear, and traditional legal analysis has failed to elucidate it. In The Theory of Self-Determination, leading scholars chart new territory in our theoretical conception of self-determination. Drawing from diverse scholarship in international law, philosophy, and political science, they attempt to move beyond the prevailing nationalist conceptions of group definition. At issue are such universal questions as, when does a group qualify as a 'people'? Does history matter? Or is it a question of ethnic status? Are these matters properly solved by popular vote? Anchored in modern analytical political philosophy but with implications for a wide range of scholarship, this volume will prove essential for scholars and practitioners of international law, global justice, and international relations"--
In: Social philosophy & policy, Volume 40, Issue 1, p. 55-78
ISSN: 1471-6437
AbstractThis essay examines the many problems with public and private development aid and argues that global liberalization of trade and immigration would have a greater direct effect in reducing global poverty. It also examines and rejects the view that people in rich countries have a strong moral obligation to give to the global poor. Such an obligation is in tension with an ethic that prizes personal projects. A political morality of equal respect and concern is congenial not with foreign aid, but with recognizing the agency of the global poor by lifting the many obstacles they currently face to participating in the market as producers and consumers.
In: Social philosophy & policy, Volume 32, Issue 1, p. 25-50
ISSN: 1471-6437
Abstract:This essay argues that the territorial rights of states derive from the property rights of the individuals that make up those states. The argument draws from the Lockean tradition of justification of political powers. Persons in the state of nature have natural rights. Those rights are first-order substantive rights (the right to property), and second-order executive rights (the right to enforce the right to property.) In the social contract, individuals transfer to the state their executive rights, not their substantive rights. The state can thus define the boundaries of property rights and adjudicate property disputes, but does not legitimately own land itself. The article discusses and rejects, for deontic and consequentialist reasons, positions that justify collective and state ownership of territory. Some important consequences follow from the argument: First, no actual state has territorial rights, since no actual state wields delegated powers in land. Second, notwithstanding the preceding conclusion, actual states have an obligation to exercise their (putative) territorial powers consistently with the respect for private property.
In: Brian Lepard (ed.) Customary Law, Cambridge University Press, 2015, Forthcoming
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In: 8 NYU Journal of Law & Liberty 359 (2013)
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In: 50 San Diego Law Review 813 (2013)
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In: Social philosophy & policy, Volume 29, Issue 1, p. 126-153
ISSN: 1471-6437
AbstractThe article argues that free trade is required by any plausible conception of justice. Free trade is supported by a host of consequentialist and deontological reasons. Empirically, trade increases global and national wealth, and in particular helps the poor. Morally, those who benefit from protectionist laws are not deserving beneficiaries of wealth redistribution. Both economic theory and evidence amply warrant the view that trade is beneficial. Protectionism by rich countries is harmful, not only to those countries' consumers, but to producers in poor countries. Given this, and given the fact that protectionism is almost always the result of political pressure by inefficient producers, there is no plausible moral reason to support it. Protectionism by poor countries is equally harmful. Relying on the institutionalist literature, the article shows that protectionism is yet another bad institution that contributes to economic stagnation in those countries. The article considers and rejects two criticisms of free trade: the problem of stolen goods, and the pauper-labor argument.
In: Journal of military ethics, Volume 10, Issue 3, p. 192-212
ISSN: 1502-7589
In: Ethics & international affairs, Volume 25, Issue 2, p. 165-182
ISSN: 1747-7093
In: Ethics & International Affairs, Volume 25, Issue 2, p. 165-182
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In: Ethics & international affairs, Volume 25, Issue 2, p. 165-182
ISSN: 0892-6794
In: Journal of Military Ethics, Forthcoming
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In: USING TARGETED KILLING TO FIGHT THE WAR ON TERROR, Andrew Altman, Claire Finklestein, and Jens Ohlin, eds., Oxford University Press, 2011
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