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Sovereign Equality and Moral Disagreement (Hardcover)
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Sovereign Equality and Moral Disagreement (Hardcover)
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The United Nations system's foundational principle of sovereign
equality reflects persistent disagreement within its membership as
to what constitutes a legitimate and just internal public order.
While the boundaries of the system's pluralism have narrowed
progressively in the course of the United Nations era,
accommodation of diversity in modes of internal political
organization remains a durable theme of the international order.
This accommodation of diversity underlies the international
system's commitment to preserve states' territorial integrity and
political independence, often at the expense of other values. For
those who impute to the international legal order an inherent
purpose to establish a universal justice that transcends the
boundaries of territorial communities, the legal prerogatives
associated with state sovereignty appear as impediments to the
global advance of legality. That view, however, neglects the danger
of allowing powerful states to invoke universal principles to
rationalize unilateral (and often self-serving) impositions upon
weak states. Though frequently counterintuitive, limitations on
cross-border exercises of power are supported by substantial moral
and political considerations, and are properly overridden only in a
limited range of cases. Sovereign Equality and Moral Disagreement
accomplishes two tasks. One is to construct a unifying account of
the manifestations of the principle of sovereign equality in
international legal norms governing a range of subject areas, from
foundational matters such as the recognition of states and
governments to controversial questions such as legal authority for
extraterritorial criminal prosecution and armed intervention. The
other is to defend the principle as a morally sound response to
persistent and profound disagreement within the international
community as to the requirements of legitimate and just internal
public order.
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