Republican Principles In International Law: The Fundamental Requirements Of A Just World Order

Republican Principles in International Law The Fundamental Requirements of a Just World Order Mortimer N. S. Sellers Republican Principles in International Law Also by Mortimer N. S. Sellers AMERICAN REPUBLICANISM: Roman Ideology in the United States Constitution REPUBLICAN LEGAL THEORY: The History, Constitution and Purposes of Law in a Free State THE SACRED FIRE OF LIBERTY: Republicanism, Liberalism and the Law AN ETHICAL EDUCATION: Community and Morality in the Multicultural University (editor) THE NEW WORLD ORDER: Sovereignty, Human Rights and the Self-determination of Peoples (editor) UNIVERSAL HUMAN RIGHTS: Moral Order in a Divided World (co-editor with David Reidy) Republican Principles in International Law The Fundamental Requirements of a Just World Order Mortimer N. S. Sellers © Mortimer N. S. Sellers 2006 All rights reserved. No reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. Any person who does any unauthorized act in relation to this publication may be liable to criminal prosecution and civil claims for damages. The author has asserted his right to be identified as the author of this work in accordance with the Copyright, Designs and Patents Act 1988. First published in 2006 by PALGRAVE MACMILLAN Houndmills, Basingstoke, Hampshire RG21 6XS and 175 Fifth Avenue, New York, N.Y. 10010 Companies and representatives throughout the world. PALGRAVE MACMILLAN is the global academic imprint of the Palgrave Macmillan division of St. Martin’s Press, LLC and of Palgrave Macmillan Ltd. Macmillan® is a registered trademark in the United States, United Kingdom and other countries. Palgrave is a registered trademark in the European Union and other countries. ISBN-13: 978–1–4039–9744–9 hardback ISBN-10: 1–4039–9744–6 hardback This book is printed on paper suitable for recycling and made from fully managed and sustained forest sources. A catalogue record for this book is available from the British Library. Library of Congress Cataloging-in-Publication Data Sellers, M. N. S. (Mortimer N. S.) Republican principles in international law : the fundamental requirements of a just world order / Mortimer N. S. Sellers. p. cm. Includes bibliographical references and index. ISBN 1–4039–9744–6 (hardback) 1. International law. 2. Republicanism. I. Title. KZ3410.S455 2006 341––dc22 10 9 8 7 6 5 4 3 2 1 15 14 13 12 11 10 09 08 07 06 Printed and bound in Great Britain by Antony Rowe Ltd, Chippenham and Eastbourne 2005056580 This book is dedicated with love, gratitude and admiration to Evelyn Mary Stead and to the memory of John Sumner Stead “Neque vero hoc solum natura, id est iure gentium, sed etiam legibus populorum, quibus in singulis civitatibus res publica continetur, eodem modo constitutum est, ut non liceat sui commodi causa nocere alteri.”1 M. Tullius Cicero, de officiis, III.v.23 “ut iam universus hic mundus sit una civitas communis deorum atque ho