Skip to main content Accessibility help
×
Hostname: page-component-7479d7b7d-8zxtt Total loading time: 0 Render date: 2024-07-08T08:21:10.539Z Has data issue: false hasContentIssue false

5 - ‘Victors’ justice'? Historic injustice and the legitimacy of international law

Published online by Cambridge University Press:  03 May 2010

Lukas H. Meyer
Affiliation:
Karl-Franzens-Universität Graz, Austria
Get access

Summary

Thomas Nagel has recently written, ‘We do not live in a just world. This may be the least controversial claim one could make in political theory.’ Nowhere does this seem more clear than in the field of international justice. In recent years, political theorists have put forward a range of accounts of how international society should, ideally, be ordered. Whilst there is disagreement as to what a just world would look like, defences of the justice of the status quo are few and far between. Even those writers who deny that redistributive duties of justice extend across state borders and who believe that it is appropriate that peoples take responsibility for the results of their own decision-making typically accept the existence of transnational duties to ensure minimal levels of wellbeing for the world's poor – duties which, tragically, are clearly not being fulfilled in the present day. Such judgments as to the injustice of the real world international situation, however, do not necessarily extend to present-day principles of international law, which contain at least formal provisions for the fulfilment of minimal socio-economic rights, whilst privileging ideas of national responsibility and self-determination. In this chapter, I consider the relation between the injustice of contemporary international society and the legitimacy of international law. The chapter is motivated by the thought that the existing international legal system is unfair.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Beitz, C. 1999. ‘Social and Cosmopolitan Liberalism’, International Affairs 75: 515–29.CrossRefGoogle Scholar
Boot, M. 2002. Nullum Crimen Sine Lege and the Subject Matter Jurisdiction of the International Criminal Court. Antwerp: Intersentia.Google Scholar
Buchanan, A. 2004. Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law. Oxford University Press.Google Scholar
Butt, D. 2009. Rectifying International Injustice: Principles of Compensation and Between Nations. Oxford University Press.Google Scholar
Coleman, J. 1992. Risks and Wrongs. Cambridge University Press.Google Scholar
Frost, M. 1996. Ethics in International Relations. Cambridge University Press.CrossRefGoogle Scholar
Held, D. 2003. ‘The Changing Structure of International Law: Sovereignty Transformed?’, in Held, D. and McGrew, A. G. (eds.), The Global Transformations Reader. Cambridge: Polity, 162–76.Google Scholar
Kumm, M. 2004. ‘The Legitimacy of International Law: a Constitutionalist Framework of Analysis’, The European Journal of International Law 15: 907–31.CrossRefGoogle Scholar
Merryman, J. H. and Elsen, A. E. 2002. Law, Ethics and the Visual Arts. London: Kluwer Law International.Google Scholar
Miller, D. 1995. On Nationality. Oxford: Clarendon.Google Scholar
Nagel, T. 2005. ‘The Problem of Global Justice’, Philosophy and Public Affairs 33: 113–47.CrossRefGoogle Scholar
Nardin, T. 1983. Law, Morality and the Relations of States. Princeton University Press.Google Scholar
Nozick, R. 1974. Anarchy, State, and Utopia. New York: Basic Books.Google Scholar
Pogge, T. 2002. World Poverty and Human Rights. Cambridge: Polity.Google Scholar
Rawls, J. 1999. The Law of Peoples. Cambridge, MA and London: Harvard University Press.Google Scholar
Reshetov, Iu. A. 1990. ‘The Temporal Operation of Norms on Criminal Responsibility’, in Ginsburg, G. and Kudriavtsev, V. N. (eds.), The Nuremberg Trial and International Law. Dordecht: Martinus Nijhoff.Google Scholar
Rousseau, J.-J. 1993. ‘Discourse on the Origin of Inequality’, in Cole, G. D. H. (trans.), The Social Contract and the Discourses. London: Everyman.Google Scholar
Simmons, A. J. 2001. Justification and Legitimacy: Essays on Rights and Obligations. Cambridge University Press.Google Scholar
Smith, A. 1981. An Inquiry into the Nature and Causes of the Wealth of Nations. Skinner, A. S. and Campbell, R. H. (eds.). Oxford University Press.Google Scholar
Walzer, M. 1977. Just and Unjust Wars. New York: Basic Books.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×