图书简介

Acknowledgments; 1. The Fiduciary Character of Sovereignty; I Introduction; II The Classical Model of Sovereignty; III From Classical Sovereignty to Relational Sovereignty; IV The Fiduciary Model of Sovereignty; V The Legal Structure of Fiduciary Relationships; VI The Moral Foundations of Fiduciary Obligation; VII A Kantian Theory of Fiduciary Sovereignty; VIII Lockean and Razian Theories of Fiduciary Sovereignty; IX The Fiduciary Constitution of International Law; X Summary of the Argument; 2. Creating Fiduciary States; I Introduction; II Constituting Fiduciary States; III Distributing Sovereignty; IV Recognizing Fiduciary States; V A Deliberative Theory of State Recognition; VI Conclusion; 3. Human Rights and Jus Cogens; I Introduction; II Developing Jus Cogens and International Human Rights Law; III In Search of a Theory; IV Fiduciary States and International Norms; V The Questions Revisited; VI Objections to the Fiduciary Theory; VII Conclusion; 4. FIDUCIARY STATES IN EMERGENCIES; I Introduction; II International Law’s Emergency Constitution; III Fiduciary States, Human Rights, and Emergencies; IV Carl Schmitt’s Challenge; V The Fiduciary Theory’s Response; VI The Role of Courts and International Institutions; VII On the Relationship Between Law and Power; VIII Conclusion; 5. FIDUCIARY STATES IN ARMED CONFLICT; I Introduction; II Fiduciary States’ Responsibility To Protect; III Fiduciary Realism; IV Fiduciary States as Trustees of Humanity; V International Armed Conflict; VI Internal Armed Conflict; VII Asymmetric Self-Defense; VIII Occupation; IX Humanitarian Intervention; X Conclusion; 6. COSMOPOLITAN CITIZENSHIP: DETAINING FOREIGN NATIONALS; I Introduction; II A Fiduciary Account of Combatant Detention; III The Geneva Conventions; IV Black Holes; V The Problem of Classified Evidence; VI Conclusion; 7. COSMOPOLITAN CITIZENSHIP: THE RIGHT TO REFUGE; I Introduction; II The Development of International Refugee Law; III Humanitarianism, Human Rights, and Territory; IV A Fiduciary Interpretation of International Refugee Law; V Conclusion; 8. INTERNATIONAL INSTITUTIONS AS TRUSTEES OF HUMANITY; I Introduction; II International Institutions as Indirect Trustees of Humanity; III International Institutions as Direct Trustees of Humanity; IV The Authority and Obligations of International Institutions; V The Relationship Between International and Domestic Institutions; VI Conclusion and Future Directions; Index

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