What is a Fair International Society?

Today's world is post-colonial and post-Cold War. These twin characteristics explain why international society is also riddled with the two major forms of injustice which Nancy Fraser identified as afflicting national societies. First, the economic and social disparities between states caused outcry in the 1950s when the first steps were taken towards decolonisation. These inequalities, to which a number of emerging states now contribute, are still glaring and still pose the problem of the gap between formal equality and true equality. Second, international society is increasingly confronted with culture- and identity-related claims, stretching the dividing line between equality and difference. The less-favoured states, those that feel stigmatised, but also native peoples, ethnic groups, minorities and women now aspire to both legal recognition of their equal dignity and the protection of their identities and cultures. Some even seek reparation for injustices arising from the past violation of their identities and the confiscation of their property or land.

In answer to these two forms of claim, the subjects of international society have come up with two types of remedy encapsulated in legal rules: the law of development and the law of recognition. These two sets of rights are neither wholly autonomous and individualised branches of law nor formalised sets of rules. They are imperfect and have their dark side. Yet they can be seen as the first milestones towards what might become a fairer international society; one that is both equitable (as an answer to socio-economic injustice) and decent (as an answer to cultural injustice).

This book explores this evolution in international society, setting it in historical perspective and examining its presuppositions and implications.

Auteur

Emmanuelle Tourme-Jouannet is now Professor at Sciences Po Law School, Paris. Her main publications include Le droit international (Paris, PUF, Collection 'Que sais-je ?', 2013) The Liberal-Welfarist Law of Nations. A History of International Law (Cambridge University Press, 2012) and Emer de Vattel et l'émergence doctrinale du droit international classique (Paris, Pedone, 1998).

Contenu

Introduction
Part I: International Law and Development: An Equitable International Society?
1 Classical International Law and Development
I The Development Paradigm
A The Development Era
B Disagreements over Development. Theories of 'Underdevelopment'
II The Emergence and Evolution of International Development Law - NIEO
A Classical International Development Law
B The Third World: A Reformist Project for the World
C The New International Economic Order (NIEO)
III Ultraliberal Reaction and the Impact of Economic Globalisation
A The NIEO Abandoned and the Neoliberal Model Triumphant
B Law Devalued and the Human Ends of Economics Overlooked
2 The New International Development Law
I The Human Ends of Development
A Human Development
B Human Rights and Development: Two Converging Objectives
C States' Responsibility for Inadequate Development of their Populations
D The Right to Development
E Social Development
F Good Governance: Democracy and Human Rights
G The Contemporary Dominance of the Liberal Model
II Sustainable Development
A A New Development Paradigm?
B The Law Relating to Sustainable Development
III The Fight Against Poverty
A The Contemporary Turning Point
B Contribution and Limits
3 An Appraisal
I The Practices of Classical and New International Development Law
A Classical International Development Law
B New International Development Law
II The Fight Against Poverty
III General Appraisal: International Development Law and International Economic Law
4 Prospects and Alternatives
I Solutions Relating to the Existing Legal and Economic Order
A Solution One
B Solution Two
C Solution Three
II The Possible Implementation of a New Economic Order?
III The Principle of Equality in Question: From Formal Equality to Equity
IV Conclusion
Part II: International Law and Recogition: A Decent International Society?
5 The Evolution of Recognition Internationally
I From the International Law of Civilised Nations to Postcolonial International Law
A The International Law of Civilised Nations
B Postcolonial International Law
C The Limits of the Process of Recognition
II Cultures and Identities During and After the Cold War
A During the Cold War
B After the Cold War
III International Law and Recognition
A A New Paradigm
B A New Body of Law
6 Law and Cultural Diversity
I From Cultural Exception to the Diversity of Cultural Expressions
A Cultural Exception
B The Diversity of Cultural Expressions: The 2005 UNESCO Convention
II Difficulties and Questions
7 Recognition through Rights
I Rights of Minorities and Indigenous Peoples
A Rights of Minorities
B Rights of Indigenous Peoples
II Cultural Rights
III Human Rights
A Historical Development
B Discussions and Solutions
IV Women's Rights
A The Principle of Equality and the Fight against Discrimination
B Post-Cold War Developments: New Demands Relating to Gender and the Androcentric Character of International Law
8 Reparations for Historical Wrongs: The Lessons of Durban
I Durban's Failures, Breakthrough and Questions
A The Background
B Questions on Compensation for Historical Losses
II The Paradigm of Recognition and the Limits of Resort to Law
9 The Law of Recognition versus International Development Law and International Economic Law
I Intersecting Situations and Demands
II The Law of Recognition and Development Law
III The Law of Recognition and International Economic Law
Conclusion
I An Equitable and Decent International Society?