Fiduciaries of Humanity: How International Law Constitutes Authority

by Evan J. Criddle, Evan Fox-Decent

Overview

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.

Product Details

ISBN-13:	9780190623036
Publisher:	Oxford University Press
Publication date:	07/28/2016
Sold by:	Barnes & Noble
Format:	eBook
Pages:	264
File size:	717 KB

About the Author

Evan J. Criddle is Professor of Law at William & Mary Law School, where he specializes in public international law, international human rights law, administrative law, fiduciary law, and the law of armed conflict. He received his JD from Yale Law School and practiced transnational litigation prior to entering academia. His scholarship has appeared in the Cornell Law Review, European Journal of International Law, Georgetown Law Journal, Northwestern University Law Review, and Yale Journal of International Law. Evan Fox-Decent is Associate Professor at McGill University's Faculty of Law, where he researches and teaches legal theory, human rights, administrative law, and the law of fiduciaries. He holds a JD and PhD from the Univ. of Toronto, and has worked extensively in human rights and democratic governance reform in Latin America. He is the author of Sovereignty's Promise: The State as Fiduciary (OUP, 2012), and his research has appeared in Legal Theory, Human Rights Quarterly, Theoretical Inquiries in Law, Law and Philosophy, University of Toronto Law Journal, and McGill Law Journal.

Table of Contents

Acknowledgments 1. The Fiduciary Character of Sovereignty I Introduction II The Classical Model of Sovereignty III From Classical Sovereignty to Relational Sovereignty IV The Fiduciary Model of Sovereignty V The Legal Structure of Fiduciary Relationships VI The Moral Foundations of Fiduciary Obligation VII A Kantian Theory of Fiduciary Sovereignty VIII Lockean and Razian Theories of Fiduciary Sovereignty IX The Fiduciary Constitution of International Law X Summary of the Argument 2. Creating Fiduciary States I Introduction II Constituting Fiduciary States III Distributing Sovereignty IV Recognizing Fiduciary States V A Deliberative Theory of State Recognition VI Conclusion 3. Human Rights and Jus Cogens I Introduction II Developing Jus Cogens and International Human Rights Law III In Search of a Theory IV Fiduciary States and International Norms V The Questions Revisited VI Objections to the Fiduciary Theory VII Conclusion 4. FIDUCIARY STATES IN EMERGENCIES I Introduction II International Law's Emergency Constitution III Fiduciary States, Human Rights, and Emergencies IV Carl Schmitt's Challenge V The Fiduciary Theory's Response VI The Role of Courts and International Institutions VII On the Relationship Between Law and Power VIII Conclusion 5. FIDUCIARY STATES IN ARMED CONFLICT I Introduction II Fiduciary States' Responsibility To Protect III Fiduciary Realism IV Fiduciary States as Trustees of Humanity V International Armed Conflict VI Internal Armed Conflict VII Asymmetric Self-Defense VIII Occupation IX Humanitarian Intervention X Conclusion 6. COSMOPOLITAN CITIZENSHIP: DETAINING FOREIGN NATIONALS I Introduction II A Fiduciary Account of Combatant Detention III The Geneva Conventions IV Black Holes V The Problem of Classified Evidence VI Conclusion 7. COSMOPOLITAN CITIZENSHIP: THE RIGHT TO REFUGE I Introduction II The Development of International Refugee Law III Humanitarianism, Human Rights, and Territory IV A Fiduciary Interpretation of International Refugee Law V Conclusion 8. INTERNATIONAL INSTITUTIONS AS TRUSTEES OF HUMANITY I Introduction II International Institutions as Indirect Trustees of Humanity III International Institutions as Direct Trustees of Humanity IV The Authority and Obligations of International Institutions V The Relationship Between International and Domestic Institutions VI Conclusion and Future Directions Index

Editorial Reviews

"With a bold and broad brush, the authors have painted an impressive picture. They offer an interesting re-description of core issues of the current international legal order. Their tour de force through international law offers a fresh perspective."
Anne Peters, Max Planck Institute for Comparative Public Law and International Law, Heidelberg

"Fiduciaries of Humanity redeems the promissory note first tendered in the authors' ground-breaking article: that a fiduciary relationship can ground both the prerogatives of - and constraints on - sovereignty, and indeed the international legal system itself. Though their account appeals to the notion of Humanity, this is not your parents' Natural Law. This is the future of international legal theory." -Jens David Ohlin, Associate Dean for Academic Affairs & Professor of Law, Cornell Law School

From the Publisher