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The article aims to sharpen the neo-republican contribution to international political thought by challenging Pettit’s view that only representative states may raise a valid claim to non-domination in their external relations. The argument proceeds in two steps: First I show that, conceptually speaking, the domination of states, whether representative or not, implies dominating the collective people at least in its fundamental, constitutive power. Secondly, the domination of states – and thus of their peoples – cannot be justified normatively in the name of promoting individual non-domination because such a compensatory rationale misconceives the notion of domination in terms of a discrete exercise of power instead of as an ongoing power relation. This speaks in favour of a more inclusive law of peoples than Pettit (just as his liberal counterpart Rawls) envisages: In order to accommodate the claim of collective peoples to non-domination it has to recognize every state as a member of the international order.
nvestor-state-dispute-settlement (ISDS) is an arbitration mechanism to settle disputes between foreign investors and host-states. Seemingly a technical issue in private international law, ISDS procedures have recently become a matter of public concern and the target of political resistance, due to the power they grant to foreign investors in matters of public policies in the countries they invest in. This article examines the practice of ISDS through the lenses of liberal-statist theories of international justice, which value self-determination. It argues that the investor-state arbitration system illustrates how liberal-statist theories of international distributive justice ought to care about relative socioeconomic disadvantage, contra the sufficiency principle that they typically defend. The sufficiency principle draws on a questionable conception of the freedom that self-determination consists in.