Carmen E Pavel
Datos Biográficos
| ID | 1490142 |
|---|---|
| NOMBRE | Carmen E Pavel |
| NOMBRES | Carmen E |
| APELLIDO | Pavel |
| FIRMA | PAVEL C E |
| AFILIACIONES | King's College London |
| ORCID | 0000-0001-6683-0638 |
| VERIFICADO | Sí |
| TOTAL DE OBRAS | 17 |
| TOTAL DE CITAS | 7 |
| TOTAL COMO AUTOR | 13 |
| TOTAL COMO EDITOR | 4 |
| PRIMER AÑO DE PUBLICACIÓN | 2007 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2025 |
| ÍNDICE H | 2 |
The ethics of state consent to international law
State consent is the primary mechanism by which international legal rules are generated and amended and by which states undertake legal obligations. The focus on state consent is celebrated for its strong protection of state sovereignty and for expressing the will of states. The main purpose of this article is to raise some doubts about this understanding of the value of state consent. I argue that far from protecting state sovereignty, unrestric…
Constituent power and constituent capacity in the making of a global constitutional treaty
International law is quasi-constitutionalized, and there is a case to be made for further constitutionalization. But who should be in charge for making a global constitution? At the domestic level, the answer is the popular sovereign, namely the citizens understood as constitutional subjects who individually and collectively hold constituent power. We do not have an easy answer to the question of who holds constituent power at the global level. T…
Coercion and justification
The Security Council is the only international body capable of authorizing the use of force in cases other than self‐defence. Its main mission is to protect international peace and security, and this has been reinterpreted in recent decades to include the protection of human rights in situations of grave humanitarian emergencies as well as to allow it to exercise legislative powers. Given this extraordinary range of functions, it is worth asking …
The European Union and diminished state sovereignty
In A Republican Europe of States, Richard Bellamy embraces neither the anti-internationalism of the sovereign statist, not the unbounded trust in international institutions of the European federalists. He proposes instead a model for the European union he calls ‘republican intergovernmentalism.’ This model seeks to preserve internal state sovereignty while arguing that mutually agreed rules for regulating external sovereignty are necessary and be…
The Rule of Law and the Limits of Anarchy
Anarchy is often contrasted with law, order, or security. But anarchist societies, by which I mean societies that lack a monopoly of coercive force, need not be lawless. They can develop sophisticated legal systems that regulate the behavior of their members and protect their rights. International law, market anarchism, and other models of anarchism such as the one proposed by Chandran Kukathas already exhibit or could plausibly exhibit complex l…
Hume’s Dynamic Coordination and International Law
At the heart of the tension between state autonomy and international law is the question of whether states should willingly restrict their freedom of action for the sake of international security, human rights, trade, communication, and the environment. David Hume offers surprising insights to answer this question. He argues that the same interests in cooperation arise among individuals as well as states and that their interactions should be regu…
The international rule of law
The rule of law is a moral ideal that protects distinctive legal values such as generality, equality before the law, the independence of courts, and due process rights. I argue that one of the main goals of an international rule of the law is the protection of individual and state autonomy from the arbitrary interference of international institutions, and that the best way to codify this protection is through constitutional rules restraining the …
Skeptical challenges to international law
International and domestic law offer a study in contrasts: States' legal obligations often depend on their consent to specific international legal norms, whereas domestic law applies to individuals with or without their consent; enforcement in international law is weak and, for many international treaties, non-existent, whereas states spend considerable resources to create centralized coercive enforcement mechanisms; and international law is char…
The Impartial Spectator and the Moral Teachings of Markets
Market skeptics have persuasively argued that the market is a social arena that is not simply amoral but that has negative moral consequences. Market apologists have offered two basic responses to this kind of charge: that the market is amoral, and that it transforms private vice into public virtue. This chapter discusses the moral teachings of the market—that is, the moral sentiments individuals are likely to acquire and develop as they engage i…
Exploitation and Freedom
Karl Marx argued that capitalist economies are necessarily exploitative. Nineteenth-century classical liberal political economists agreed that exploitation was rampant, but blamed government grants of privilege rather than capitalism. This chapter argues that while both schools of thought produced genuine insights into exploitation in markets and politics, neither developed a tenable account of what exploitation actually is. Understanding exploit…
Freedom and Equality
Freedom and equality are often viewed as conflicting values. But there are at least three conceptions of freedom-negative, positive, and republican-and three conceptions of equality-of standing, esteem, and authority. Libertarians argue that rights to negative liberty override claims to positive liberty. However, a freedom-based defense of private property rights must favor positive over negative freedom. Furthermore, a regime of full contractual…
The Oxford Handbook of Freedom
Debates about freedom traditionally focus on a few central themes. The chapters of this volume update those debates and launch new ones. Whether the freedom worth pursuing is one or many, whether it conflicts with equality, whether it can be secured by the institutions of the modern state, and whether it is compatible with a deterministic understanding of the universe are some of the central questions that animate the chapters in this volume. Our…
Reply to Joan Cocks's Review of Divided Sovereignty
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Negative Duties, the WTO and the Harm Argument
Citizens in rich countries should shoulder the burden of alleviating global poverty because they are harming the poor, or so many argue. But the baseline for assessing harm is often unclear. This paper recommends a baseline for harm as rights violations. This baseline makes it clear that many of the attributions of harm made by proponents of the harm argument, instead of representing cases of harms caused, are rather instances of benefits withhel…
Alternative agents for humanitarian intervention
The use of private security companies by national governments is met with widespread skepticism. Less understood is the role these companies can play in international humanitarian interventions in the service of international organizations. I argue here that despite valid concerns about the use of such private entities, we should nonetheless see them as legitimate participants in efforts to secure human rights protection around the globe. In orde…
Cosmopolitanism, Nationalism and Moral Opportunity Costs
Cosmopolitanism and nationalism are at war, if the criticism they relentlessly direct at each other is any guide. The current debates between defenders of these two views tend to solve their disagreements by showing that one view is incoherent and assigning victory to the other. I argue instead that cosmopolitanism and nationalism do not fail on their own, but are rather incomplete facets of the truth, because each reflects demands of morality th…
Pluralism and the Moral Grounds of Liberal Theory
Hume’s Dynamic Coordination and International Law
At the heart of the tension between state autonomy and international law is the question of whether states should willingly restrict their freedom of action for the sake of international security, human rights, trade, communication, and the environment. David Hume offers surprising insights to answer this question. He argues that the same interests in cooperation arise among individuals as well as states and that their interactions should be regu…
Negative Duties, the WTO and the Harm Argument
Citizens in rich countries should shoulder the burden of alleviating global poverty because they are harming the poor, or so many argue. But the baseline for assessing harm is often unclear. This paper recommends a baseline for harm as rights violations. This baseline makes it clear that many of the attributions of harm made by proponents of the harm argument, instead of representing cases of harms caused, are rather instances of benefits withhel…
The international rule of law
The rule of law is a moral ideal that protects distinctive legal values such as generality, equality before the law, the independence of courts, and due process rights. I argue that one of the main goals of an international rule of the law is the protection of individual and state autonomy from the arbitrary interference of international institutions, and that the best way to codify this protection is through constitutional rules restraining the …
Skeptical challenges to international law
International and domestic law offer a study in contrasts: States' legal obligations often depend on their consent to specific international legal norms, whereas domestic law applies to individuals with or without their consent; enforcement in international law is weak and, for many international treaties, non-existent, whereas states spend considerable resources to create centralized coercive enforcement mechanisms; and international law is char…
Cosmopolitanism, Nationalism and Moral Opportunity Costs
Cosmopolitanism and nationalism are at war, if the criticism they relentlessly direct at each other is any guide. The current debates between defenders of these two views tend to solve their disagreements by showing that one view is incoherent and assigning victory to the other. I argue instead that cosmopolitanism and nationalism do not fail on their own, but are rather incomplete facets of the truth, because each reflects demands of morality th…
Pluralism and the Moral Grounds of Liberal Theory
Cosmopolitanism, Nationalism and Moral Opportunity Costs
Cosmopolitanism and nationalism are at war, if the criticism they relentlessly direct at each other is any guide. The current debates between defenders of these two views tend to solve their disagreements by showing that one view is incoherent and assigning victory to the other. I argue instead that cosmopolitanism and nationalism do not fail on their own, but are rather incomplete facets of the truth, because each reflects demands of morality th…
Alternative agents for humanitarian intervention
The use of private security companies by national governments is met with widespread skepticism. Less understood is the role these companies can play in international humanitarian interventions in the service of international organizations. I argue here that despite valid concerns about the use of such private entities, we should nonetheless see them as legitimate participants in efforts to secure human rights protection around the globe. In orde…
Negative Duties, the WTO and the Harm Argument
Citizens in rich countries should shoulder the burden of alleviating global poverty because they are harming the poor, or so many argue. But the baseline for assessing harm is often unclear. This paper recommends a baseline for harm as rights violations. This baseline makes it clear that many of the attributions of harm made by proponents of the harm argument, instead of representing cases of harms caused, are rather instances of benefits withhel…
The Impartial Spectator and the Moral Teachings of Markets
Market skeptics have persuasively argued that the market is a social arena that is not simply amoral but that has negative moral consequences. Market apologists have offered two basic responses to this kind of charge: that the market is amoral, and that it transforms private vice into public virtue. This chapter discusses the moral teachings of the market—that is, the moral sentiments individuals are likely to acquire and develop as they engage i…
Exploitation and Freedom
Karl Marx argued that capitalist economies are necessarily exploitative. Nineteenth-century classical liberal political economists agreed that exploitation was rampant, but blamed government grants of privilege rather than capitalism. This chapter argues that while both schools of thought produced genuine insights into exploitation in markets and politics, neither developed a tenable account of what exploitation actually is. Understanding exploit…
Freedom and Equality
Freedom and equality are often viewed as conflicting values. But there are at least three conceptions of freedom-negative, positive, and republican-and three conceptions of equality-of standing, esteem, and authority. Libertarians argue that rights to negative liberty override claims to positive liberty. However, a freedom-based defense of private property rights must favor positive over negative freedom. Furthermore, a regime of full contractual…
The Oxford Handbook of Freedom
Debates about freedom traditionally focus on a few central themes. The chapters of this volume update those debates and launch new ones. Whether the freedom worth pursuing is one or many, whether it conflicts with equality, whether it can be secured by the institutions of the modern state, and whether it is compatible with a deterministic understanding of the universe are some of the central questions that animate the chapters in this volume. Our…
Reply to Joan Cocks's Review of Divided Sovereignty
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
Skeptical challenges to international law
International and domestic law offer a study in contrasts: States' legal obligations often depend on their consent to specific international legal norms, whereas domestic law applies to individuals with or without their consent; enforcement in international law is weak and, for many international treaties, non-existent, whereas states spend considerable resources to create centralized coercive enforcement mechanisms; and international law is char…
The international rule of law
The rule of law is a moral ideal that protects distinctive legal values such as generality, equality before the law, the independence of courts, and due process rights. I argue that one of the main goals of an international rule of the law is the protection of individual and state autonomy from the arbitrary interference of international institutions, and that the best way to codify this protection is through constitutional rules restraining the …
The Rule of Law and the Limits of Anarchy
Anarchy is often contrasted with law, order, or security. But anarchist societies, by which I mean societies that lack a monopoly of coercive force, need not be lawless. They can develop sophisticated legal systems that regulate the behavior of their members and protect their rights. International law, market anarchism, and other models of anarchism such as the one proposed by Chandran Kukathas already exhibit or could plausibly exhibit complex l…
Hume’s Dynamic Coordination and International Law
At the heart of the tension between state autonomy and international law is the question of whether states should willingly restrict their freedom of action for the sake of international security, human rights, trade, communication, and the environment. David Hume offers surprising insights to answer this question. He argues that the same interests in cooperation arise among individuals as well as states and that their interactions should be regu…
The European Union and diminished state sovereignty
In A Republican Europe of States, Richard Bellamy embraces neither the anti-internationalism of the sovereign statist, not the unbounded trust in international institutions of the European federalists. He proposes instead a model for the European union he calls ‘republican intergovernmentalism.’ This model seeks to preserve internal state sovereignty while arguing that mutually agreed rules for regulating external sovereignty are necessary and be…
Coercion and justification
The Security Council is the only international body capable of authorizing the use of force in cases other than self‐defence. Its main mission is to protect international peace and security, and this has been reinterpreted in recent decades to include the protection of human rights in situations of grave humanitarian emergencies as well as to allow it to exercise legislative powers. Given this extraordinary range of functions, it is worth asking …
The ethics of state consent to international law
State consent is the primary mechanism by which international legal rules are generated and amended and by which states undertake legal obligations. The focus on state consent is celebrated for its strong protection of state sovereignty and for expressing the will of states. The main purpose of this article is to raise some doubts about this understanding of the value of state consent. I argue that far from protecting state sovereignty, unrestric…
Constituent power and constituent capacity in the making of a global constitutional treaty
International law is quasi-constitutionalized, and there is a case to be made for further constitutionalization. But who should be in charge for making a global constitution? At the domestic level, the answer is the popular sovereign, namely the citizens understood as constitutional subjects who individually and collectively hold constituent power. We do not have an easy answer to the question of who holds constituent power at the global level. T…
Political science (17 obras) · Law (16 obras) · Law and economics (12 obras) · Sociology (12 obras) · Law (10 obras) · Politics (10 obras) · Global Peace and Security Dynamics (8 obras) · Philosophy (8 obras) · Political Philosophy and Ethics (7 obras) · Economics (6 obras)