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World Treaty Index. Treaty Profiles

claims and responses—of international redistribution can be understood. That framework stresses such traditional ingredients of normative argument as "need" and "legitimate expectation" or "historic entitlement." These are the very concepts at work in resolving distributional issues within the modern welfare state. Each of them is rich in ambiguities: "need" to satisfy whose and what wants or goals, to be met from whose present wealth, under what conditions, through which institutional arrangements, and so on. Whatever the ad hoc, instrumental use of such criteria of fairness or justice, Schachter forcefully demonstrates that issues of distributive justice are now within the mainstream of political contests, normative claims, and legal argument. Viewed even from a formal and positivist perspective, the body of international law no longer stops at marking boundaries, containing interferences of one territorial sovereign with another, and creating minimal frameworks for limited cooperation. It accommodates more argument and doctrine, of both a conventional and customary nature, that have explicitly distributional consequences. As we move from a consensus over three-mile boundaries and diplomatic immunities or from the issue of the Lotus case to contemporary problems, international law's pretention of serving as a neutral framework for intercourse among states fades rapidly. That law's origin in political disputes, in conflicts over interests and values, becomes starkly evident. Schachter's excellent book reveals how normative theories, raw power, and common needs interact in this period of tension and change. It suggests how common principles on the sharing of resources may slowly emerge.