Peremptory norms of general international law (jus cogens) are universally binding prohibitions that override any consideration for non-compliance (e.g., genocide and slavery). The question is how nonconsensual norms emerge from a consensual international legal order. It appears that either the peremptoriness of jus cogens renders consent superfluous to the norm’s binding force or consent divests jus cogens of its peremptory status. The goal of this paper is to resolve the dilemma by explaining why jus cogens is exempt from the general (...) requirement of consent that binds states to the rules of international law. The paper provides an impartiality-based account of enforcement that explains why a state’s refusal to give consent to jus cogens may be overridden in a consensual legal order. (shrink)

In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights which do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, but also in international (...) and global governance processes. The argument will be based on a cosmopolitan conception of political legitimacy and on a political conception of human rights that is normatively anchored in legitimacy. The central claim of my paper is that a right to political participation is necessary – but not sufficient – for political legitimacy in the global realm. (shrink)

It has sometimes been said that Critical Theory is Atlantic-centric – pre-occupied with European and American problems – from war and concentration camps in Europe, the post-national status of the...

Ethnocentrism, it is said, involves believing certain things to be true: that one's culture is superior to others, more deserving of respect, or at the ‘centre’ of things. On the alternative view defended in this article, ethnocentrism is a type of bias, not a set of beliefs. If this is correct, it challenges conventional wisdom about the scope, danger, and avoidance of ethnocentrism.

Once limited to issues in maritime and trade law, today the most recognizable examples of international law govern issues such as human rights, intellectual property, crimes against humanity and international armed conflicts. In many ways, this proliferation has been a welcomed development. However, when coupled with international law’s decentralized structure, this rapid proliferation has also posed problems for how we (and in particular judges) identify if, when, and where international law exists. This article puts forward a novel, dignity-based account for (...) how we answer this question: arguing that an international law exists if and only if it is consistent with respecting dignity. The upshot of this account is two-fold. First, it explains many features of international law that other theories leave unaccounted for or under-explained. And second, my dignity-based account provides for a mechanism through which the system can continue to be developed and improved. (shrink)