Fairness in International Law and Institutions

Paperback | February 1, 1998

byThomas M. Franck

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This book is based on Professor Franck's highly acclaimed Hague Academy General Course. In it he offers a compelling view of the future of international legal reasoning and legal theory. The author offers a critical analysis of the prescriptive norms and institutions of modern internationallaw and argues that international law has the capacity to advance, in practice, the abstract social values shared by the community of states and persons. This book is both thought-provoking and original and as such is essential reading for students of international law and legal theory.

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This book is based on Professor Franck's highly acclaimed Hague Academy General Course. In it he offers a compelling view of the future of international legal reasoning and legal theory. The author offers a critical analysis of the prescriptive norms and institutions of modern internationallaw and argues that international law has the ...

Professor Thomas M. Franck is the Murry and Ida Becker Professor of Law and Director of the Centre for International Studies at New York University

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Format:PaperbackDimensions:536 pages, 8.98 × 5.83 × 1.14 inPublished:February 1, 1998Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198267851

ISBN - 13:9780198267850

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Table of Contents

Part I: A Critical Analytical Framework for a Critique of International Law1. Fairness and International Law: An Analytical Framework2. Legitimacy and Fairness3. Equity as FairnessPart II: Fairness in Empowerment of Persons and Peoples4. Fairness to Persons: The Democratic Entitlement5. Fairness to Peoples and their Right to Self-DeterminationPart III: Fairness and Institutional Power6. Administrative Impartiality as Fairness: The UN Secretary-General Good Offices and Other Third Party Functions7. The Bona Fides of Power: Security Control and Threats to the Peace8. Just and Unjust War9. Collective Security: Sharing Responsibility and Burdens10. Judicial Fairness: The International Court of JusticePart IV: The Law and Institutions of Distributive Justice11. Law, Moral Philosophy and Economics in Environmental Discourse12. Some Instances of Fairness in Establishing Environmental Normative Systems13. Economic Fairness: Terms of Development and Trade14. Fairness in International Investment LawPart V: Fairness about Fairness: Shaping a Global Discourse15. Forums of Fairness

Editorial Reviews

`"...a challenging contribution to the critical analysis of international law...It is a gigantic task, one which is led with such gusto that the reading is captivating and the argument compelling in many respects...a courageous attempt to address what are usually unaddressed issues ininternational law. The book realizes an interesting mix of law and politics."'Elizabeth Zoller, Virginia Journal of International Law, vol 36.