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Justice and Foreign Rule - On International Transitional Administration



Daniel Jacob – 2014

Can foreign rule ever be morally justified? At first glance, the answer to this question seems clear: in Abraham Lincoln's famous words, foreign rule is neither a government of the people, nor a government by the people. But can it nonetheless be a government for the people? Ever since the end of the First World War, international transitional administrations have replaced dysfunctional state governments to create the conditions for lasting peace and democracy. Recent examples of this practice are Bosnia, Kosovo, East Timor and Iraq. The question of whether foreign rule can be morally justified thus remains a question of pressing practical concern. In response to extreme state failure, the author argues, international transitional administration as a particular form of foreign rule is not only morally justified, but indeed a requirement of justice.

Justice and Foreign Rule - On International Transitional Administration
Palgrave Macmillan
Teilprojekt B9
ISBN 9781137452566
Appeared in
Governance and Limited Statehood Series

Table of Contents:

1. Introduction
1.1. International Transitional Administration
1.2. The Natural Duty of Justice
1.3. Outline of Chapters
1.4. Conclusion
2. Basic Human Interests
2.1. The Concept of Basic Human Interests
2.2. Physical Integrity
2.3. Autonomy
2.4. Interests and Capabilities
2.5. Conclusion
3. Human Rights, Collective Self-determination and Legitimacy
3.1. Human Rights
3.2. The Right to Collective Self-determination
3.3. The Natural Duty of Justice and the Legitimacy of States
3.4. Conclusion
4. Responding to Extreme State Failure
4.1. International Law and the Responsibility to Protect
4.2. State Failure and the Natural Duty of Justice
4.3. The Moral Urgency of Extreme State Failure
4.4. The Charge of Paternalism
4.5. The Practice of International Transitional Administration
4.6. Conclusion
5. Restoring Minimally Just Conditions
5.1. Just War Theory and Ius Post Bellum
5.2. The Limits of Feasibility
5.3. The Requirements of Minimal Justice
5.4. The Practice of International Transitional Administration
5.5. Conclusion
6. Respecting the Requirements of Justice
6.1. Respect for Human Rights and the Rule of Law
6.2. Accountability to the Local Population
6.3. Avoidance of Humiliation
6.4. The Practice of International Transitional Administration
6.5. Conclusion
7. Conclusion
7.1. Justice and Foreign Rule
7.2. The Idea of a Global Moral Division of Labor
8. References