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. States are even becoming constrained by international law in their membership practices, something that hardly computes in a Walzerian equation (Spiro 2011 ). “Access to citizenship” points to citizenship for habitual residents as a baseline from which to perfect other rights. It also looks to apply non-discrimination norms to citizenship practice, a radical departure from the historical discretion afforded sovereigns respecting membership. To
might have envisaged that mechanisms for the protection of humanitarian rights could be enforced, he was unconvinced that public international law could prevent the outbreaks of wars: As for what is called international law [‘droit des gens’] it is certain that, for want of sanction, its laws are nothing but chimeras even weaker than the laws of nature. This latter at least speaks to the heart of individuals, whereas international law, having no other guarantee than their utility to the one who submits to it, are respected only as long as self-interest confirms it
democratically illegitimate about this system. In my essay I suggest that the current principles of international law allow states to broadly ignore the interests of outsiders who are negatively affected by their decisions. Under my interpretation of the all affected interests (AAI) principle, this provides not only cover for possible injustices , which states may or may not commit towards outsiders, but also tarnishes the legitimacy of decisions taken
simultaneous nested self-government or because they are the just outcome of remedial exercises of self-determination rights, then the claims of individuals to inclusion in a particular polity can be decided on the basis of a “genuine link” principle. “Genuine link” is a doctrine in public and private international law that is invoked to establish or dispute the right of states to award their nationality and to grant diplomatic protection to or impose