Legal Reading Group: Confronting the Pathologies of International Law
Bernard Ntahiraja will introduce Confronting the Pathologies of International Law " (Chapter 2) in John Linarelli, Margot E Salomon, and Muthucumaraswamy Sornarajah, The Misery of International Law: Confrontations with Injustice in the Global Economy (OUP, 2018).
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.
The full chapter is available here.
The legal reading group meets on a regular basis to discuss leading publications on international courts and tribunals. The aim is to develop our understanding of an article/book chapter and how it might be relevant for our own projects, through sharing insights on its substance, merits, and broader context. The reading group managed by PluriCourts, but open to everyone that is interested.