Translation of the first chapter of the book “Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law” by Allen Buchanan with an analytical introduction to the first chapter

This dissertation deals with the ethical foundations of international law. In The Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law, Mr. Allen Buchanan addresses this issue. In the first chapter of this book, the author explains why we need moral reasoning in the system of international law and what does the lack of reasoned moral theory damage to international relations. To achieve this goal, the implementation of ethical principles must be entrusted to institutions, to become a moral-behavioral model. To clarify the importance of this point, he examines the important issue of separatism as an institutional concept that is highly controversial in international law.

Before proposing an ethical theory, it is necessary to take a brief look at the various schools that have theorized about ethics in international law. Realism, nihilism, and minimalism, and the types defined for each, are critiqued to identify commonalities and distinct aspects of the author’s view from those of others.

The content of an ethical theory of international law, which is supposed to be ideal, must include (1) the most important ethical goals of the institution of international law; (2) state the most precise ethical reasons for supporting the institution of international law as a means to those goals; (3) state the conditions under which a moral system must be legitimate so that there is sufficient moral justification for individuals and groups to implement that theory; And (4) provide an explanation and justification for the most fundamental norms of the moral system of international law to help advance the most important moral goals of this system.