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Franck, Democracy And Fairness

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Chapter Summary

This chapter looks in some detail at the work of one of the leading international legal scholars of his generation, Thomas Franck. Of prime importance in this regard is his 1995 book Fairness in International Law and Institutions. The concept of democracy is introduced into Francks work by his insistence that a global fairness discourse must not only be fair to states as discrete members of the international community, but also to the individuals that make up those states. Francks work, relies at all levels upon the idea of universal agreement among all of those in a particular community; and the global community of the whole human race. The idea of such universal agreement is a powerful rhetorical tool, particularly in terms of post-foundationalism.

Keywords: democracy; Fairness in International Law and Institutions; post-foundationalism; Thomas Franck; universality

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