What Is a Fair International Society?: International Law Between Development and Recognition

ISBN-13: 9781849464307 / Angielski / Miękka / 2013 / 252 str.

Emmanuelle Tourme-Jouannet

Opis

Today's world is post-colonial and post-Cold War. These twin characteristics explain why international society is also riddled with the two major forms of injustice which can be identified as afflicting national societies. First, the economic and social disparities between States caused outcry in the 1950s when the first steps were taken towards decolonization. These inequalities, to which a number of emerging States contributed, are still glaring and still pose the problem of the gap between formal equality and true equality. Second, international society is increasingly confronted with culture- and identity-related claims, stretching the dividing line between equality and difference. The less-favored States (those that feel stigmatized), as well as native peoples, ethnic groups, minorities, and women, now aspire to both legal recognition of their equal dignity and the protection of their identities and cultures. Some even seek reparation for injustices arising from the past violation of their identities and the confiscation of their property or land. In answer to these two forms of injustice claims, the subjects of international society have come up with two types of remedy encapsulated in legal rules: the law of development and the law of recognition. These two sets of rights are neither wholly autonomous and individualized branches of law, nor formalized sets of rules. They are imperfect and have their dark side, yet they can be seen as the first milestones towards what might become a fairer international society; one that is both equitable (as an answer to socio-economic injustice) and decent (as an answer to cultural injustice). This book explores this evolution in international society, setting it in historical perspective and examining its presuppositions and implications. The book shows how international law is shifting towards the recognition of socio-economic justice as its foundation, and it explains international law's trajectory towards 'fairness.' (Series: French Studies in International Law - Vol. 5)

Spis treści

Introduction Part I: International Law and Development: An Equitable International Society? 1 Classical International Law and Development I The Development Paradigm A The Development Era B Disagreements over Development. Theories of 'Underdevelopment' II The Emergence and Evolution of International Development Law – NIEO A Classical International Development Law B The Third World: A Reformist Project for the World C The New International Economic Order (NIEO) III Ultraliberal Reaction and the Impact of Economic Globalisation A The NIEO Abandoned and the Neoliberal Model Triumphant B Law Devalued and the Human Ends of Economics Overlooked 2 The New International Development Law I The Human Ends of Development A Human Development B Human Rights and Development: Two Converging Objectives C States' Responsibility for Inadequate Development of their Populations D The Right to Development E Social Development F Good Governance: Democracy and Human Rights G The Contemporary Dominance of the Liberal Model II Sustainable Development A A New Development Paradigm? B The Law Relating to Sustainable Development III The Fight Against Poverty A The Contemporary Turning Point B Contribution and Limits 3 An Appraisal I The Practices of Classical and New International Development Law A Classical International Development Law B New International Development Law II The Fight Against Poverty III General Appraisal: International Development Law and International Economic Law 4 Prospects and Alternatives I Solutions Relating to the Existing Legal and Economic Order A Solution One B Solution Two C Solution Three II The Possible Implementation of a New Economic Order? III The Principle of Equality in Question: From Formal Equality to Equity IV Conclusion Part II: International Law and Recogition: A Decent International Society? 5 The Evolution of Recognition Internationally I From the International Law of Civilised Nations to Postcolonial International Law A The International Law of Civilised Nations B Postcolonial International Law C The Limits of the Process of Recognition II Cultures and Identities During and After the Cold War A During the Cold War B After the Cold War III International Law and Recognition A A New Paradigm B A New Body of Law 6 Law and Cultural Diversity I From Cultural Exception to the Diversity of Cultural Expressions A Cultural Exception B The Diversity of Cultural Expressions: The 2005 UNESCO Convention II Difficulties and Questions 7 Recognition through Rights I Rights of Minorities and Indigenous Peoples A Rights of Minorities B Rights of Indigenous Peoples II Cultural Rights III Human Rights A Historical Development B Discussions and Solutions IV Women's Rights A The Principle of Equality and the Fight against Discrimination B Post-Cold War Developments: New Demands Relating to Gender and the Androcentric Character of International Law 8 Reparations for Historical Wrongs: The Lessons of Durban I Durban's Failures, Breakthrough and Questions A The Background B Questions on Compensation for Historical Losses II The Paradigm of Recognition and the Limits of Resort to Law 9 The Law of Recognition versus International Development Law and International Economic Law I Intersecting Situations and Demands II The Law of Recognition and Development Law III The Law of Recognition and International Economic Law Conclusion I An Equitable and Decent International Society?