SOVEREIGNS AS TRUSTEES OF HUMANITY: ON THE ACCOUNTABILITY OF STATES TO FOREIGN STAKEHOLDERS

• 成果类型: Article
• 署名作者: Benvenisti, Eyal
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.5305/amerjintelaw.107.2.0295
• 发表日期: 2013
• 页码: 295-333
• 关键词: INTERNATIONAL-LAW; HUMAN-RIGHTS; RESPONSIBILITY; NECESSITY; interests; PROPERTY; POWER

摘要

The concept of sovereignty crystallized in an era when distances were large, and self-sufficiency the aspiration. This view of sovereignty is no longer sustainable and yields inequitable, undemocratic consequences. This article argues that in a densely populated and deeply integrated world, sovereignty should be understood as also involving a trusteeship toward humanity at large. Sovereigns should be required to take into account other-regarding considerations when forming national policies that may have effects beyond their national jurisdictions, even absent specific treaty obligations.