|Abstract as per original application
This project will examine three features of the international legal system in light of an inter-related group of moral values, which I refer to as ‘political community’. These three features each concern legal statehood as an international status. The first is that, through their representatives, states can modify the content of international law. The second is that states possess equivalent status insofar as they are equally subject to the international rule of law. Finally, the third is that states are fundamentally territorial entities. Through interdisciplinary legal and philosophical analysis, I will ask whether these features can each be justified in terms of political community, such that those values should be considered indispensable when explaining international law.
These values each relate to the idea that states are valuable because they partake of the intrinsic value possessed by the political actions of private individuals. This novel conception of political community will be used to provide original insights into the content of international law, making a significant contribution to existing philosophical and legal debates. It also has the potential to provide new argumentative resources for a number of international legal actors, including United Nations treaty bodies.
Whilst ‘the state’ has received significant attention from philosophers, few have examined statehood as an international legal status. Even relatively recent scholarship concerning the creation of international law, international legality, and the idea of territory, has problematically conflated states with their governments. By integrating theory with a careful reading of legal practice, I aim to provide legal context to existing philosophical arguments, as well as produce philosophy that speaks more directly to the concerns of doctrinal international lawyers. My doctoral thesis accomplished this by establishing a connection between political community and the law on emerging statehood. This project will instead consider the legal status of established states.
I shall publish two articles in peer-reviewed law journals. One shall address the generation of international law through state practice, with the other examining the international rule of law. A third piece– concerning the idea of territory – will be published in a collection of essays that I will edit, entitled ‘Structural Principles for International Law’. This collection will be the product of a two day interdisciplinary conference, held at my home institution. This will disseminate my research and provide opportunities for feedback. I shall also produce one policy briefing paper to promote impact amongst two key international actors.
鑑於一組相關的道德觀 ---- 在此我會把它指作“政治共同體“，這個項目會檢驗三個國際法系的特徵。這三個特徵，每一個都把合法的國家地位視作國際地位。當中的第一個是，通過它們的代表，國家能修改國際法的內容。第二，當國家同樣地受制於國際法治，它們就擁有一樣的地位。第三，國家根本上是領土實體。通過跨學科的法律和哲學分析，我會問到底這些特徵是否能在政治共同體方面成為正當理由，從而令這些價值觀在解釋國際法時不可或缺。