Tom Franck’s Fairness

EJIL 2002*Reader in International Law, University of Glasgow. Thanks to my colleague, Catriona Drew, forcommenting on this article when she had little time to do so as she should have been working on her PhDdissertation, and to Tom franck himself for the comments he made at the Glasgow colloquium. As thiswas finished on my nephew Alastair s 17th birthday, I should name-check him M. franck , Fairness in International Law and Institutions(1995), at 6 [hereinafter Fairness ].2 This is indeed the tenor of franck s earlier monograph The Power of Legitimacy among Nations(1990)[hereinafter Legitimacy], see esp. Ch. , at (2002), Vol. 13 No. 4, 909 franck s FairnessIain Scobbie*The ambit of this paper is both modest and circumscribed.

Tom Franck’s Fairness 911 10 See ibid, at 9 et seq. 11 Ibid, at 10. 12 Ibid, at 10–11. 13 See ibid, at 11–13, and also Dino Kritsiotis’ contribution to this symposium, 13 EJIL (2002) 961. 14 Fairness, at 28. So both substance and procedure are equally important, but at this point it should be stressed that Franck sees the process value of legitimacy as encompassing both the

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