Brad Roth

About/Bio

Brad Roth is Professor of Law at Wayne State University. He specializes in international law, comparative public law, and political and legal theory. He is the author of Sovereign Equality and Moral Disagreement (Oxford University Press, 2011), Governmental Illegitimacy in International Law (Oxford University Press, 1999), contributing co-editor (with Gregory H. Fox) of Democratic Governance and International Law (Cambridge University Press, 2000), and author of roughly 30 book chapters, journal articles and commentaries dealing with questions of sovereignty, constitutionalism, human rights and democracy.

Recently Published

International Law’s Enemy Within: Buchan’s “International Community” as Rival to the Positive Legal Order

In a 2012 essay honoring the work of the late Pieter Kooijmans, I observed: “Going forward, institutions purporting to implement international legal norms face a fundamental dilemma: Will they construe international law as a framework for accommodation among bearers of diverse conceptions – both liberal and non-liberal – of internal public order, or will they construe it…

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Vidmar’s Democratic Statehood Thesis in Light of the Yugoslav Dissolution

Jure Vidmar’s Democratic Statehood in International Law is on the short list of recent works – along with James Crawford’s magisterial 2006 second edition of The Creation of States in International Law and Mikulas Fabry’s 2010 Recognizing States: International Society and the Establishment of New States Since 1776 – that provide up-to-date,…

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The Place of International Criminal Justice within the International Legal Order: A Rejoinder

Amrita Kapur’s posted reply to Ken Anderson's "The Rise of International Criminal Law" and myself makes a series of nuanced points, many of which I appreciate.  I am unsure how deep our disagreements actually run, but because some of her language indicates an affinity for views of which I am critical, I will take the opportunity…

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