Are there any inherently public functions for international law?
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Authors
Benvenisti, E
Publication Date
2021Journal Title
AJIL Unbound
ISSN
2398-7723
Publisher
Cambridge University Press (CUP)
Volume
115
Pages
302-306
Type
Conference Object
This Version
VoR
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Benvenisti, E. (2021). Are there any inherently public functions for international law?. AJIL Unbound, 115 302-306. https://doi.org/10.1017/aju.2021.43
Abstract
<jats:p>In “Are There ‘Inherently Sovereign Functions’ in International Law?”, Frédéric Mégret provides a deeply insightful reflection on “the essence of the state” from the point of view of international law, outlining a theory about the inherently sovereign functions in international law. He carefully identifies existing norms of international law that articulate certain public functions to be performed solely by the state rather than delegating them to private actors. Mégret offers functional and intrinsic rationales, suggesting that individuals have a right to benefit from certain public functions exercised by state authority, such as legislation and adjudication, what perhaps could be termed “the human right to the state.” In this essay, I suggest that it is indeed possible to derive such demands from the requirements of stable and sustainable governance that are embedded in the concept of sovereign responsibility, as well as from the rights associated with democracy and self-determination. I further argue that Mégret's inquiry can and must be extended also to explore the other side of the coin: the role of international law in facilitating (and possibly limiting) the delegation of public authority to unaccountable international organizations and other global governance bodies.</jats:p>
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External DOI: https://doi.org/10.1017/aju.2021.43
This record's URL: https://www.repository.cam.ac.uk/handle/1810/333939
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