Sovereign Equality and Moral Disagreement

Hardcover | September 15, 2011

byBrad Roth

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In Sovereign Equality and Moral Disagreement: Premises of a Pluralist International Legal Order, author Brad R. Roth provides readers with a unifying account of the various applications of sovereign equality in international law, and defends the principle of sovereign equality as amorally-sound response to disagreements in the international realm. The United Nations system's foundational principle of sovereign equality reflects persistent disagreement within its membership as to what constitutes a legitimate and just internal public order. While the boundaries of the system's pluralism have narrowed progressively in the course of the UnitedNations era, accommodation of diversity in modes of internal political organization remains a durable theme of the international order. This accommodation of diversity is part of the international system's commitment to preserving a state's territorial integrity and political independence. Theprinciple of state sovereignty serves as an impediment to those who which to establish a universal justice that transcends territories. The wish to establish a universal justice, however, neglects to address the danger of allowing powerful states to invoke universal principles to rationalizeunilateral (and often self-serving) impositions upon weak states. In Sovereign Equality and Moral Disagreement, Brad Roth explains that though frequently counterintuitive, limitations on cross-border exercises of power are supported by substantial moral and political considerations, and are properlyoverridden only in a limited range of cases.Sovereign Equality and Moral Disagreement accomplishes two tasks. The book constructs a unifying account of the manifestations of the principle of sovereign equality in international legal norms governing a range of subject areas, from foundational matters such as the recognition of states andgovernments to controversial questions such as legal authority for extraterritorial criminal prosecution and armed intervention. And it also defends the principle as a morally sound response to persistent and profound disagreement within the international community as to the requirements oflegitimate and just internal public order.

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In Sovereign Equality and Moral Disagreement: Premises of a Pluralist International Legal Order, author Brad R. Roth provides readers with a unifying account of the various applications of sovereign equality in international law, and defends the principle of sovereign equality as amorally-sound response to disagreements in the internat...

Professor Roth holds a joint appointment with the Department of Political Science and the Law School at Wayne State University. He specializes in international law, comparative public law, and political and legal theory. His courses include International Law, International Protection of Human Rights, International Prosecution of Sta...

other books by Brad Roth

Format:HardcoverDimensions:350 pages, 9.25 × 6.13 × 0.98 inPublished:September 15, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195342666

ISBN - 13:9780195342666

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Table of Contents

Acknowledgments1. A Different Sovereignty Discourse: Sovereign Equality As A Response To Disagreement2. The Project Of International Legal Order3. The International Law Of Sovereign Equality4. Global Pluralism And Conflicting Political Moralities5. Reconciling The Non-Intervention Norm With The "Responsibility To Protect"6. Secessions, Coups, And The Effective Control Doctrine7. Coming To Terms With Ruthlessness: State Sovereignty And International Criminal Law In Domestic Courts8. Concluding Observations: The Enduring Need For A Pluralist Global Legal Order