Fiduciaries of Humanity

Evan J. Criddle is Professor of Law at William & Mary Law School, where he specializes in public international law, international human rights law, administrative law, fiduciary law, and the law of armed conflict. He received his JD from Yale Law School and practiced transnational litigation prior to entering academia. His scholarship has appeared in the Cornell Law Review, European Journal of International Law, Georgetown Law Journal, Northwestern University Law Review, and Yale Journal of International Law. Evan Fox-Decent is Associate Professor at McGill University's Faculty of Law, where he researches and teaches legal theory, human rights, administrative law, and the law of fiduciaries. He holds a JD and PhD from the Univ. of Toronto, and has worked extensively in human rights and democratic governance reform in Latin America. He is the author of Sovereignty's Promise: The State as Fiduciary (OUP, 2012), and his research has appeared in Legal Theory, Human Rights Quarterly, Theoretical Inquiries in Law, Law and Philosophy, University of Toronto Law Journal, and McGill Law Journal.

With a bold and broad brush, the authors have painted an impressive picture. They offer an interesting re-description of core issues of the current international legal order. Their tour de force through international law offers a fresh perspective." Anne Peters, Max Planck Institute for Comparative Public Law and International Law, Heidelberg

• Acknowledgments 1. The Fiduciary Character of SovereigntyI IntroductionII The Classical Model of Sovereignty III From Classical Sovereignty to Relational Sovereignty IV The Fiduciary Model of Sovereignty V The Legal Structure of Fiduciary Relationships VI The Moral Foundations of Fiduciary Obligation VII A Kantian Theory of Fiduciary Sovereignty VIII Lockean and Razian Theories of Fiduciary Sovereignty IX The Fiduciary Constitution of International Law X Summary of the Argument 2. Creating Fiduciary StatesI Introduction II Constituting Fiduciary StatesIII Distributing Sovereignty IV Recognizing Fiduciary States V A Deliberative Theory of State Recognition VI Conclusion 3. Human Rights and Jus CogensI IntroductionII Developing Jus Cogens and International Human Rights Law III In Search of a Theory IV Fiduciary States and International Norms V The Questions Revisited VI Objections to the Fiduciary Theory VII Conclusion 4. FIDUCIARY STATES IN EMERGENCIES I Introduction II International Law's Emergency ConstitutionIII Fiduciary States, Human Rights, and Emergencies IV Carl Schmitt's ChallengeV The Fiduciary Theory's Response VI The Role of Courts and International InstitutionsVII On the Relationship Between Law and Power VIII Conclusion 5. FIDUCIARY STATES IN ARMED CONFLICTI IntroductionII Fiduciary States' Responsibility To Protect III Fiduciary RealismIV Fiduciary States as Trustees of Humanity V International Armed Conflict VI Internal Armed Conflict VII Asymmetric Self-Defense VIII OccupationIX Humanitarian InterventionX Conclusion 6. COSMOPOLITAN CITIZENSHIP: DETAINING FOREIGN NATIONALS I IntroductionII A Fiduciary Account of Combatant DetentionIII The Geneva Conventions IV Black Holes V The Problem of Classified Evidence VI Conclusion 7. COSMOPOLITAN CITIZENSHIP: THE RIGHT TO REFUGEI IntroductionII The Development of International Refugee Law III Humanitarianism, Human Rights, and TerritoryIV A Fiduciary Interpretation of International Refugee Law V Conclusion 8. INTERNATIONAL INSTITUTIONS AS TRUSTEES OF HUMANITYI Introduction II International Institutions as Indirect Trustees of HumanityIII International Institutions as Direct Trustees of Humanity IV The Authority and Obligations of International InstitutionsV The Relationship Between International and Domestic InstitutionsVI Conclusion and Future Directions Index