Recueil des cours, Collected Courses, Tome/Volume 240 (1993)

Series: 

The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law.
All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law.
This volume containes:
• Fairness in the International Legal and Institutional System. General Course on Public International Law by T.M. FRANCK, Professor at New York University.

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Table of contents: T.M. Franck
Part I: A critical analytical framework for the study of international law. I. Fairness and international law: an analytical framework. II. The legitimacy of law and institutions. III. Equity as fairness. Part II: Law at the empowerment of persons and peoples. IV. Democracy: people's and persons' right to participate in decisions. V. Fairness to `peoples' and their right to self-determination. Part III: Institutions: the forums of fairness-discourse. VI. Executive fairness and peace-making: the good offices function of the United Nations Secretary-General. VII. The bona fides of power: Security Council and threats to peace. VIII. Just and unjust war. IX. Collective security: sharing responsibility and burdens. X. Judicial fairness: the International Court of Justice. Part IV: The law and institutions of distributive fairness. XI. Law, moral philosophy and economics in environmental discourse. XII. Some instances of fairness in establishing environmental normative systems. XIII. Economic fairness: terms of development and trade. XIV. Fairness in international investment law. Bibliography.
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