Olivier de FROUVILLE
This book explores a democratic theory of international law.
Characterised by a back-and-forth between theory and practice, it
explores the question from two perspectives: a theoretical level which
reflects and criticizes the categories, words and concepts through which
international law is understood, and a more applied level focussing on
'cosmopolitan building sites' or the practical features of the law, such
as the role of civil society in international organisations or reform
of the UN Security Council. Though written for an academic audience, it
will have a more general appeal and be of interest to all those
concerned with how international governance is developing.
Preface, Philipp Allot
Introduction
PART I
ELEMENTS FOR A DEMOCRATIC THEORY OF INTERNATIONAL LAW
1. What is Legal Cosmopolitanism?
I. Cosmopolitan Sentiment and Phenomenology of the Relation to Others2. On the Theory of the International Constitution
II. Relation to the Other and Society
III. From Cosmopolitan Feeling to Legal Cosmopolitanism
I. Georges Scelle's Concept of the International Constitution3. A Cosmopolitan Perspective on the Responsibility to Protect
II. A Theory of the International Constitution Based on a Democratic Theory of International Law
III. An Overview of the Evolution of the International Constitution
IV. Conclusion
I. Analysis of the Pivotal Concepts of R2P4. Justifying International Law, Defending Cosmopolitanism
II. Outline Reconstruction of a Cosmopolitan Theory of Humanitarian Intervention
I. Cosmopolitanism as the Flip Side of Neoliberalism5. A Critical Defence of Human Rights
II. Cosmopolitanism as the Construction of a Rootless Individualist
III. The Theoretical and Practical Impossibility of World Politics
IV. A Few Seemingly Inconsequential Thoughts by Way of an Inconclusive Conclusion…
I. The Critical 'Positivist' Approach6. Natural Law, Human Rights, the Law of Nature: Towards a Revived Modernity
II. The External Critical Approach Contesting 'Rights'
III. The External Critical Approach Defending Human Rights
I. The Discourse of Sovereignty and Voluntarism7. Towards a Democratic Theory of International Law
II. The Discourse of Human Rights
III. The Discourse of Nature
I. The Theoretical Structure of Classical International Law
II. Cosmopolitan Projects: A Democratic Conception of International Law
III. The Bases for a Democratic Theory of International Law
PART II
TOWARDS WORLD CITIZENSHIP: 'COSMOPOLITAN BUILDING SITES'
8. Civil Society's Role in International Organisations. Theory(ies) and Practice(s)
I. The Obvious Point9. Building a Universal System for the Protection of Human Rights: The Way Forward
II. An Unthought-of Point
I. Change or Continuity: Has the Establishment of the Council Really Changed Anything in the Universal System of Human Rights Protection?10. Why Do We Need a United Nations Court of Human Rights?
II. Is the UPR a Real Added Value to the System?
III. Why the Council does not Represent a Real Progress for the Universal Human Rights Protection System
IV. Towards Progress: How Could the System for the Protection of Human Rights Evolve in the Future?
I. The Origins of the Idea of a Universal Court of Human Rights
II. The Present Context Justifying the New Impetus Behind the Idea: The Necessary Reform of the Universal System of Protection of Human Rights
III. Responses to Some Objections on Principle
IV. Realisation of the Idea of a United Nations Court of Human Rights
11. The Committee System: 2020 and Beyond
12. The Universal Declaration of Human Rights is 70 Years Old: What Challenges Await the United Nations?
I. A Legal Basis for Action13. Reforming the Security Council: What can be Done Without Amending the UN Charter?
II. An Intellectual Challenge
III. An Institutional Challenge
IV. The Normative Challenge
I. The Concepts
II. The Processes
III. The Outcomes
IV. Conclusion
14. The Right to Veto in the United Nations: Towards the Abolition of a Privilege Universal System of Protection of Human Rights
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