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Books > Law > International law > Public international law > International humanitarian law
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Fiduciaries of Humanity - How International Law Constitutes Authority (Hardcover)
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Fiduciaries of Humanity - How International Law Constitutes Authority (Hardcover)
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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.
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