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.

Acknowledgments

1. The Fiduciary Character of Sovereignty
I Introduction
II 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 States
I Introduction
II Constituting Fiduciary States
III Distributing Sovereignty
IV Recognizing Fiduciary States
V A Deliberative Theory of State Recognition
VI Conclusion

3. Human Rights and Jus Cogens
I Introduction
II 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 Constitution
III Fiduciary States, Human Rights, and Emergencies
IV Carl Schmitt's Challenge
V The Fiduciary Theory's Response
VI The Role of Courts and International Institutions
VII On the Relationship Between Law and Power
VIII Conclusion

5. FIDUCIARY STATES IN ARMED CONFLICT
I Introduction
II Fiduciary States' Responsibility To Protect
III Fiduciary Realism
IV Fiduciary States as Trustees of Humanity
V International Armed Conflict
VI Internal Armed Conflict
VII Asymmetric Self-Defense
VIII Occupation
IX Humanitarian Intervention
X Conclusion

6. COSMOPOLITAN CITIZENSHIP: DETAINING FOREIGN NATIONALS
I Introduction
II A Fiduciary Account of Combatant Detention
III The Geneva Conventions
IV Black Holes
V The Problem of Classified Evidence
VI Conclusion

7. COSMOPOLITAN CITIZENSHIP: THE RIGHT TO REFUGE
I Introduction
II The Development of International Refugee Law
III Humanitarianism, Human Rights, and Territory
IV A Fiduciary Interpretation of International Refugee Law
V Conclusion

8. INTERNATIONAL INSTITUTIONS AS TRUSTEES OF HUMANITY
I Introduction
II International Institutions as Indirect Trustees of Humanity
III International Institutions as Direct Trustees of Humanity
IV The Authority and Obligations of International Institutions
V The Relationship Between International and Domestic Institutions
VI Conclusion and Future Directions


Index