Acknowledgments
Chapter One:
A Different Sovereignty Discourse: Sovereign Equality As A Response
To Disagreement
Chapter Two:
The Project Of International Legal Order
Chapter Three:
The International Law Of Sovereign Equality
Chapter Four:
Global Pluralism And Conflicting Political Moralities
Chapter Five:
Reconciling The Non-Intervention Norm With The "Responsibility To
Protect"
Chapter Six:
Secessions, Coups, And The Effective Control Doctrine
Chapter Seven:
Coming To Terms With Ruthlessness:
State Sovereignty And International Criminal Law
In Domestic Courts
Chapter Eight:
Concluding Observations:
The Enduring Need For A Pluralist Global Legal Order
Brad R. Roth is a Professor of Political Science and Law at Wayne
State University, where he teaches courses at the undergraduate,
graduate, and professional levels in international law, human
rights, political theory, and legal studies. A graduate of Harvard
Law School, he served as a law clerk to the Chief Justice of the
New Jersey Supreme Court and then as a practicing lawyer before
earning an LL.M. from Columbia University and a Ph.D. from the
University of California at Berkeley. He is the author of
Governmental Illegitimacy in International Law (Oxford University
Press, 1999), winner of the 1999 Certificate of Merit from the
American Society of
International Law as "best work in a specialized area," and the
author of an array of journal articles and book chapters dealing
with questions of sovereignty, constitutionalism, human rights, and
democracy.
"This pioneering work in international legal theory offers a rare
combination of sober lawyerly caution and high philosophical
aspiration - leavened with plain common sense. Sovereign Equality
and Moral Disagreement gives good reason for pause, especially to
those of us who have made a mission of pushing the boundaries of
international criminal and humanitarian law. Roth's is a novel,
inspired defense of traditional rules upholding the sovereignty of
states
against recent demands from a putative 'international community.'
It's a welcome antidote to new orthodoxies and sure to receive much
attention, not least because it issues from someone
long-identified
with the international human rights movement."
--Mark J. Osiel
Aliber Family Chair in Law, The University of Iowa College of
Law
"In this tour de force, Brad R. Roth returns to the first
principles of international order and produces a rigorous defense
of sovereignty, applicable to 21st century debates. A brilliant
piece of work that will be required reading for international
lawyers."
--Tom Ginsburg
Leo Spitz Professor of International Law and Professor of Political
Science,
University of Chicago Law School
"In Sovereign Equality and Moral Disagreement, Brad R. Roth offers
a unique and profound perspective on the place of the state in
international law, politics and morality. His aim is to bring about
a fundamental shift, to make clear that sovereignty is central to
pluralism in the emerging global order. Not all will agree, but
everyone's view will be richer afterward. The book is masterful,
provocative, and important."
--David D. Caron, President, American Society of International Law;
C. William Maxeiner Distinguished Professor of Law, Berkeley Law,
University of California
"It is this clear-sighted interpretation of customary international
law, combined with its firm theoretical grounding that makes Roth's
work important. Professor Roth has given us a valuable tool to
assess not only the current, but also future claims to
modifications of these rules. Roth's work constitutes a convincing
reminder that we must work towards an international legal order
that will best serve the world that we have, rather than the world
as we wish it
was."
--Hannah Woolaver, University of Capetown
British Yearbook of International Law
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