Is There Any Room for the Doctrine of Fundamental Rights of States in Today's International Law?

Cambridge Journal of International and Comparative Law, Vol. 4, 2015, pp. 467-481

U. of Westminster School of Law Research Paper

U of Alabama Legal Studies Research Paper No. 2852976

16 Pages Posted: 18 Oct 2016 Last revised: 10 Feb 2017

See all articles by Daniel Joyner

Daniel Joyner

University of Alabama - School of Law

Marco Roscini

University of Westminster School of Law

Date Written: November 30, 2015

Abstract

This article serves as a general substantive introduction to the special issue on the fundamental rights of states in international law. It introduces the concept in theoretical and doctrinal terms, and lays out the questions that will be addressed by the contributions to the special issue. These questions include: 1) What do attributes like ‘inherent’, ‘inalienable’ and ‘permanent’ mean with regard to state rights?; 2) Do they lead to identifying a unitary distinct category of fundamental rights of states?; 3) If so, what is their source and legal character?; 4) What are their legal implications, eg, when they come into conflict with other obligations of the right holder or with the actions of other states and international organisations?; and ultimately, 5) Is there still room in today’s international law for a doctrine of ‘fundamental’ rights of states? The article reviews the fundamental rights of states in positive law sources and in international legal scholarship, and identifies the reasons for a renaissance of attention for this doctrine.

Keywords: Fundamental Rights of States, International Law, Positivism, Natural Law, Kelsen, Public International Law

JEL Classification: K33

Suggested Citation

Joyner, Daniel and Roscini, Marco, Is There Any Room for the Doctrine of Fundamental Rights of States in Today's International Law? (November 30, 2015). Cambridge Journal of International and Comparative Law, Vol. 4, 2015, pp. 467-481; U. of Westminster School of Law Research Paper; U of Alabama Legal Studies Research Paper No. 2852976. Available at SSRN: https://ssrn.com/abstract=2852976

Daniel Joyner

University of Alabama - School of Law ( email )

P.O. Box 870382
Tuscaloosa, AL 35487
United States

Marco Roscini (Contact Author)

University of Westminster School of Law ( email )

4 Little Titchfield Street
London, W1W 7UW
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
26
Abstract Views
183
PlumX Metrics