“You will always have the poor”: a reflection on the paradox of justice as law

French, Duncan (2016) “You will always have the poor”: a reflection on the paradox of justice as law. International Journal on Minority and Group Rights, 22 (4). pp. 533-549. ISSN 1385-4879

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Item Type:Article
Item Status:Live Archive

Abstract

Calls for, and arguments around, fairness and justice are an essential element of international
law; more so in certain areas – environment and natural resources, development
– than in others, namely, the structural design of the discipline, State responsibility,
formation of custom and acquisition of territory. The article thus considers the question
whether there is an obligation of fair entitlement in international law, with particular
reference to various matters of territory. With reflections on the discrete
questions of territorial loss through sea-level rise and the role of equity in maritime
delimitation, the article considers the role of fairness and justice in international law.
The article concludes nevertheless that though fairness is an important and emotive
value to strive for within legal and political discourse, it can become a dangerous entitlement
when it trumps or usurps established rules of international law.

Additional Information:Volume 22, Special Issue: Self-determination, Resources and Borders, 2015
Keywords:Fairness, Justice, Territorial disputes, Sea-level rise, Maritime delimitation, NotOAChecked
Subjects:L Social studies > L360 Socio-economics
M Law > M200 Law by Topic
Divisions:College of Social Science > Lincoln Law School
ID Code:18879
Deposited On:29 Sep 2015 11:38

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