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The Misery of International LawConfrontations with Injustice in the Global Economy$
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John Linarelli, Margot E Salomon, and Muthucumaraswamy Sornarajah

Print publication date: 2018

Print ISBN-13: 9780198753957

Published to Oxford Scholarship Online: May 2018

DOI: 10.1093/oso/9780198753957.001.0001

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Confronting the Pathologies of International Law

Confronting the Pathologies of International Law

From Neoliberalism to Justice

(p.38) 2 Confronting the Pathologies of International Law
The Misery of International Law

John Linarelli

Margot E Salomon

Muthucumaraswamy Sornarajah

Oxford University Press

This chapter offers an argument on why the international law on trade, investment, and finance is subject to the demands of justice. It also looks at how those demands are greater than the basic minimums often suggested as applicable outside the state. International law is subject to the demands of justice because of its role as an institution essential to global cooperation, because it affects how people live their lives, because of its historic role in perpetuating and legitimizing moral wrongs, and because it can lead to domination and the deprivation of freedom. After elaborating these grounds, this chapter proceeds to a theory of justice for international law. International law must meet a standard of respect and ‘justification to’ each person, particularly those in weaker positions. International law cannot treat any person as only a passive recipient or supplicant to rules that benefit those in power or stronger positions.

Keywords:   moral accountability, legal accountability, international law, justice, demands of justice, theories of justice, political philosophy

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