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Fairness in International Law and Institutions

Thomas M. Franck

Price: £34.99 (paper)
ISBN-13: 978-0-19-826785-0
Publication date: 29 January 1998
536 pages, 228x148 mm
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Reviews
  • 'an original and groundbreaking source of international legal scholarship...This thorough, scholarly treatise is bound to become a standard...Highly recommended for graduate students and faculty.' - Choice
  • 'this work provides a vision for the future development of international law and institutions and ends with a challenge to both scholars and practitioners to take up the issue of fairness in the law actively.' - International Affairs
  • '...a work of considerable scholarship and vitality...Franck is challenging us to develop a new way of thinking about international law. I will have to read this book a second time, perhaps a third, to take in all that Franck offers, but that will be a pleasure not a burden.' - The Cambridge Law Journal

Description
  • The hardback edition of this book recieved considerable critical acclaim
  • Professor Franck is one of the worlds most distinguished international lawyers
  • the book is the text of his highly acclaimed Hague Academy General Course
  • The book offers a highly original examination of International Law and the role of theory in how it is practiced
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 international law 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.

Readership: Academics; scholars and students of international law and international relations.

Contents
Part I: A Critical Analytical Framework for a Critique of International Law
1. Fairness and International Law: An Analytical Framework
2. Legitimacy and Fairness
3. Equity as Fairness
Part II: Fairness in Empowerment of Persons and Peoples
4. Fairness to Persons: The Democratic Entitlement
5. Fairness to Peoples and their Right to Self-Determination
Part III: Fairness and Institutional Power
6. Administrative Impartiality as Fairness: The UN Secretary-General Good Offices and Other Third Party Functions
7. The Bona Fides of Power: Security Control and Threats to the Peace
8. Just and Unjust War
9. Collective Security: Sharing Responsibility and Burdens
10. Judicial Fairness: The International Court of Justice
Part IV: The Law and Institutions of Distributive Justice
11. Law, Moral Philosophy and Economics in Environmental Discourse
12. Some Instances of Fairness in Establishing Environmental Normative Systems
13. Economic Fairness: Terms of Development and Trade
14. Fairness in International Investment Law
Part V: Fairness about Fairness: Shaping a Global Discourse
15. Forums of Fairness

Authors, editors, and contributors


Thomas M. Franck, Murry and Ida Backer Professor of Law; Director of the Center for International Studies, New York University School of Law


Links to web resources and related information
More in the same subject area:
International law
Equity & trusts
Jurisprudence & philosophy of law
International relations

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