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Abstract This chapter argues that one of the main goals of an international rule of law is the protection of state autonomy from arbitrary interference by international institutions and that the best way to codify this protection is through constitutional rules restraining the reach of international law into the internal affairs of a state. State autonomy does not have any intrinsic value or moral status of its own. Its value is derivative, resulting from the role it plays as the most efficient means of protecting autonomy for individuals and groups. Therefore, the goal of protecting state autonomy from the encroachment of international law will have to be constrained by, and balanced against, the more fundamental goal of an international rule of law: the protection of the autonomy of individual persons, best realized through the entrenchment of basic human rights.
340, 341, state autonomy, state consent, Jeremy Waldron, human rights, legality, Kadi, International rule of law
340, 341, state autonomy, state consent, Jeremy Waldron, human rights, legality, Kadi, International rule of law
citations This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | 8 | |
popularity This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network. | Top 10% | |
influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | Average | |
impulse This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network. | Average |