Description
Public international law has embarked on a new chapter. Over the past century, the classical model of international law, which emphasized state autonomy and interstate relations, has gradually ceded ground to a new model. Under the new model, a state's sovereign authority arises from the state's responsibility to respect, protect, and fulfill human rights for its people. In Fiduciaries of Humanity: How International Law Constitutes Authority, Evan J. Criddle and Evan Fox-Decent argue that these developments mark a turning point in the international community's conception of public authority. Under international law today, states serve as fiduciaries of humanity, and their authority to govern and represent their people is dependent on their satisfaction of numerous duties, the most general of which is to establish a regime of secure and equal freedom on behalf of the people subject to their power. International institutions also serve as fiduciaries of humanity and are subject to similar fiduciary obligations. In contrast to the receding classical model of public international law, which assumes an abiding tension between a state's sovereignty and principles of state responsibility, the fiduciary theory reconciles state sovereignty and responsibility by explaining how a state's obligations to its people are constitutive of its legal authority under international law. The authors elaborate and defend the fiduciary model while exploring its application to a variety of current topics and controversies, including human rights, emergencies, the treatment of detainees in counterterrorism operations, humanitarian intervention, and the protection of refugees fleeing persecution.
Table of Contents
Acknowledgments1. The Fiduciary Character of SovereigntyI IntroductionII The Classical Model of SovereigntyIII From Classical Sovereignty to Relational SovereigntyIV The Fiduciary Model of SovereigntyV The Legal Structure of Fiduciary RelationshipsVI The Moral Foundations of Fiduciary ObligationVII A Kantian Theory of Fiduciary SovereigntyVIII Lockean and Razian Theories of Fiduciary SovereigntyIX The Fiduciary Constitution of International LawX Summary of the Argument2. Creating Fiduciary StatesI IntroductionII Constituting Fiduciary StatesIII Distributing SovereigntyIV Recognizing Fiduciary StatesV A Deliberative Theory of State RecognitionVI Conclusion3. Human Rights and Jus CogensI IntroductionII Developing Jus Cogens and International Human Rights LawIII In Search of a TheoryIV Fiduciary States and International NormsV The Questions RevisitedVI Objections to the Fiduciary TheoryVII Conclusion4. FIDUCIARY STATES IN EMERGENCIESI IntroductionII International Law's Emergency ConstitutionIII Fiduciary States, Human Rights, and EmergenciesIV Carl Schmitt's ChallengeV The Fiduciary Theory's ResponseVI The Role of Courts and International InstitutionsVII On the Relationship Between Law and PowerVIII Conclusion5. FIDUCIARY STATES IN ARMED CONFLICTI IntroductionII Fiduciary States' Responsibility To ProtectIII Fiduciary RealismIV Fiduciary States as Trustees of HumanityV International Armed ConflictVI Internal Armed ConflictVII Asymmetric Self-DefenseVIII OccupationIX Humanitarian InterventionX Conclusion6. COSMOPOLITAN CITIZENSHIP: DETAINING FOREIGN NATIONALSI IntroductionII A Fiduciary Account of Combatant DetentionIII The Geneva ConventionsIV Black HolesV The Problem of Classified EvidenceVI Conclusion7. COSMOPOLITAN CITIZENSHIP: THE RIGHT TO REFUGEI IntroductionII The Development of International Refugee LawIII Humanitarianism, Human Rights, and TerritoryIV A Fiduciary Interpretation of International Refugee LawV Conclusion8. INTERNATIONAL INSTITUTIONS AS TRUSTEES OF HUMANITYI IntroductionII International Institutions as Indirect Trustees of HumanityIII International Institutions as Direct Trustees of HumanityIV The Authority and Obligations of International InstitutionsV The Relationship Between International and Domestic InstitutionsVI Conclusion and Future DirectionsIndex
