treaties on pollution as well as a bedrock principle of customary environmental law regarding transboundary activities. Most tellingly, Rawls in The Law of peoples grounds nuch of his work on an unargued summary of international law based on a selective reading of a 40-year old treatise. These"familiar and traditional principles of justice among free and democratic peoples, as he calls them, gloss over some of the most important issues in international law, including the centrality of states to the international legal order. the increased role of individuals as holders of rights and duties and the norms for participation by "peoples"(his principal subject of the law)in international society International law cannot be ignored or misconstrued by those engaging in international ethical discourse. whether interactional or institutional. As Andrew hurrell has put it, "the ethical claims of international law rest on the contention that it is the only set of globally institutionalized processes by which norms can be negotiated on the basis of dialogue and consent, rather than being simply imposed by the powerful.. The unavoidability of process again separates law as an ethical enterprise from other forms of normative inquiry and debate. How to describe and appraise international law --both its norms and its processes for resolving competing claims -- in a way that contributes to Eric Cavallero, Popular Sovereignty and the law of peoples, 9 LEG THEORY 181, 198 (2002). See also infra note 75 (on Stockholm Declaration principles). Later, he writes that international law"should recognize""a set of political freedoms meant to instantiate deliberativeness, such as freedom of speech, assembly, and mobility, id at 200, 192, when in fact nearly every international lawyer would say it already does See the critique of Rawls in FERNANDO TESON, A THEORY OF INTERNATIONAL LAW 1998) Andrew Hurrell, International Lay and the Making and Unmaking of Boundaries, in STATES. NATIONS AND BORDERS: THE ETHICS OF MAKING BOUNDARIES 275.277-78 (Allen Buchanan Margaret Moore eds, 2003)4 treaties on pollution as well as a bedrock principle of customary environmental law regarding transboundary activities.6 Most tellingly, Rawls in The Law of Peoples grounds much of his work on an unargued summary of international law based on a selective reading of a 40-year old treatise.7 These “familiar and traditional principles of justice among free and democratic peoples,” as he calls them, gloss over some of the most important issues in international law, including the centrality of states to the international legal order, the increased role of individuals as holders of rights and duties, and the norms for participation by “peoples” (his principal subject of the law) in international society. International law cannot be ignored or misconstrued by those engaging in international ethical discourse, whether interactional or institutional. As Andrew Hurrell has put it, “the ethical claims of international law rest on the contention that it is the only set of globally institutionalized processes by which norms can be negotiated on the basis of dialogue and consent, rather than being simply imposed by the powerful. . . . The unavoidability of process again separates law as an ethical enterprise from other forms of normative inquiry and debate.”8 How to describe and appraise international law -- both its norms and its processes for resolving competing claims -- in a way that contributes to 6 Eric Cavallero, Popular Sovereignty and the Law of Peoples, 9 LEG. THEORY 181, 198 (2002). See also infra note 75 (on Stockholm Declaration principles). Later, he writes that international law “should recognize” a set of political freedoms meant to instantiate deliberativeness, such as freedom of speech, assembly, and mobility, id at 200, 192, when in fact nearly every international lawyer would say it already does. 7 See the critique of Rawls in FERNANDO TESON, A THEORY OF INTERNATIONAL LAW (1998). 8 Andrew Hurrell, International Law and the Making and Unmaking of Boundaries, in STATES, NATIONS, AND BORDERS: THE ETHICS OF MAKING BOUNDARIES 275, 277-78 (Allen Buchanan & Margaret Moore eds., 2003)