Institutionalized practices of collective justification are central for theorizing international fairness. Institutions matter because they play a significant part in the construal of fairness claims through the provision of internal standards for moral assessment. Conceptions of international fairness must spell out how collective justification works by addressing the jurisprudential and institutional issues at stake in the specification of the moral grounds for compliance with international institutions on the one hand and international civil disobedience on the other. Theoretical models of institutions (...) that do not pay attention to collective justification are inadequate on fairness grounds. More specifically, mainstream neoliberal institutionalist accounts of international regimes are deeply problematic when used in the normative evaluation of international institutions, as they offer the wrong benchmark for moral assessment, given their roots in a brand of exchange theory that is blind to the distribution of burdens and benefits from cooperation. (shrink)

In the best literature on unilateral secession, for instance, Buchanan, it is usual to distinguish between remedial theories, which require a just cause for conceding a right to secession for the inhabitants of a territory, part of a State; and primary theories, plebiscitary theories and adscriptivist or nationalist theories. In accordance to this view, only the first are capable of justifying a unilateral right to secession. Well then, in this paper, an argument is elaborated in order to show that the (...) remedial strategy is not applicable to Catalonia and, also to show that even if primary theories are applicable to the case of Catalonia —the plebiscitary strategy has given rise to the so-called right to decide—, they are not able to justify a unilateral right to secession. (shrink)

This paper is interested in place-related attachments. It discusses the way in which territory or land is treated in theories of global distributive justice, and argues that this fails to capture the normatively significant relationship between peoples and places. This paper argues that any adequate theory of justice in territory has to begin by recognizing that territory is a claimant-relative good, and that this should be an important point of departure for theorizing about land and justice. Not only do the (...) current theories of distributive justice fail to acknowledge the claimant-relative nature of territory, but they do not offer a good way to incorporate place-related attachments in their theories. (shrink)

This article explores one of the key themes of Hans J. Morgenthau's moral theory, the concept of the lesser evil. Morgenthau developed this concept by reference to classical political theory, especially the articulation of the lesser evil found in Aristotle and Epicurus. The article begins by differentiating Morgenthau's work from that of E. H. Carr, whom he regards as engaged in a Quixotic quest to provide Machiavellism with greater ethical purpose. The article also contrasts the ethics of the lesser evil (...) with Kantian ethics. Morgenthau places the lesser evil in the context of a modernity that has lost the capacity to think about the relationship between politics and morality and stresses the importance of coming to grips with the existential demands of love and power. Finally, the article argues that despite the ubiquity of evil, the existence of the lesser evil gives rise to the development of specifically political virtues such as prudence and moderation which raise the possibility of moral politics beyond mere expedience. (shrink)

Justice is important, but so is peaceful cooperation. In this article, I argue that if one takes seriously the autonomy of individuals and groups and the fact of moral pluralism, a just system of cooperation cannot guarantee peaceful cooperation in a pluralistic world. As a response to this consideration, I develop a contractarian theory that can secure peace in a pluralistic world of autonomous agents, assuming that the agents who exist in this world expect that peaceful cooperation is the most (...) beneficial form of interaction for them in the long run. The theory specifies the restrictions on the behavior of autonomous individual and collective agents that are indispensable for peaceful cooperation in a pluralistic world. In particular, I argue for the need of (i) a globally valid rule of conflict resolution to settle all intra- and inter-group conflicts that cannot be resolved locally, (ii) a world court to apply this rule in cases where local group authorities are inadequate to do so, and to serve as a final court of appeal, and (iii) a world police to enforce the rule. (shrink)

Public funders of health research have been widely criticized on the grounds that their allocations of funding for disease-specific research do not reflect the relative burdens imposed by different diseases. For example, the US National Institutes of Health spends a much greater fraction of its budget on HIV/aids research and a much smaller fraction on migraine research than their relative contribution to the US burden of disease would suggest. Implicit in this criticism is a normative claim: Insofar as the scientific (...) opportunities are equal, each patient merits research into their condition proportional to the burden of disease for which that condition is responsible. This claim—the proportional view—is widely accepted but has never been fully specified or defended. In this paper, I explain what is required to specify the view, attempt to do so in the most charitable way, and then critically evaluate its normative underpinnings. I conclude that a severity-weighted proportional view is defensible. I close by drawing out five key lessons of my analysis for health research priority-setting. (shrink)

Appeals to a ‘tradition’ stretching back to Thucydides have been central to the recent emergence of realism in political theory. This article asks what work these appeals to tradition are doing and whether they are consistent with contemporary political realism’s contextualist commitments. I argue that they are not and that realists also have independent epistemic reasons to attend to contextualist worries. Ultimately, I make the case for an account of the realist tradition that is at once consistent with moderate contextualist (...) commitments and that preserves the classificatory and analytical value of tradition-building. (shrink)

This article develops the argument that non-cosmopolitan considerations of justice justify relief of sovereign debt for highly indebted poor states. In particular, the article claims that considerations of national determination warrant some debt-forgiveness in the backdrop of unfair terms of global interaction. In a context of inequality, poor countries cannot generally afford to disregard the costs of ignoring the interests of the wealthiest states. Patterns of unbalanced interaction undermine national self-determination by limiting the poor countries' effective capacity to choose between (...) different policies to achieve development and other worthy goals. In concrete, this article suggests that unequal terms of interaction constrain national self-determination by making of sovereign debt an 'escape mechanism' in the absence of rival alternatives to palliate the effects of underdevelopment and related afflictions, despite the causes of sovereign debt being partly domestic, possibly. Thus, this paper views national self-determination as dependent on the availability of acceptable (non-unbearably burdensome) policy options on the part of states. (shrink)

In Justice and Natural Resources: An Egalitarian Theory, Chris Armstrong proposes a version of global egalitarianism that – contra the default renderings of this approach – takes individual attachment to specific resources into account. By doing this, his theory has the potential for greening global egalitarianism both in terms of procedure and scope. In terms of procedure, its broad account of attachment and its focus on individuals rather than groups connects with participatory governance and management and, ultimately, participatory democracy – (...) an essential ingredient in the toolkit of green politics and policy-making. In terms of scope, because it does not commit itself to any particular moral framework, Armstrong’s theory leaves the door open for non-human animals to become subjects of justice, thus extending the realm of the latter beyond its traditionally anthropocentric borders. I conclude that these greenings are promising, but not trouble-free. (shrink)

Según cuentan algunos de sus colegas y discípulos, al momento de su temprana muerte, en 1993, Carlos Nino estaba comenzando a estudiar la posibilidad de trasladar sus teorías al plano internacional. En este trabajo pretendo retomar al menos un aspecto de aquel proyecto, preguntándome cómo hubiera trasladado Nino su teoría de la democracia al plano global. En otras palabras, intentaré especular respecto de cómo podrían insertarse las ideas nineanas en la discusión actual en materia de democracia global. Mi hipótesis es (...) que, por un lado, Nino habría reclamado la creación de nuevas instancias de participación popular en los procesos de creación e implementación del derecho internacional; pero a la vez, por otro lado, habría defendido el núcleo duro de la “constitución histórica” del derecho internacional, basada en un sistema interestatal y descentralizado. According to some of his colleagues and disciples, when Carlos Nino died, in 1993, he was beginning to work on a project trying to extrapolate his theories to the international realm. In this paper, I pick up at least an aspect of that project, and I analyze how Nino would have extrapolated his theory of democracy to the global arena. In other words, I speculate regarding how could Nino’s ideas be inserted into the current debates on global democracy. My hypothesis is that, on the one hand, Nino would have demanded new instances of popular participation in the processes of creation and implementation of international law, and on the other hand, that he would have somehow defended the “historical constitution” of the international community, based on an decentralized, inter-state system. (shrink)

The essay provides a reconstruction of Rawls's The Law of Peoples that makes sense of three main discontinuities between Rawls's domestic theory of justice and his international outlook, namely the absence in the latter of: a) individualism, b) egalitarianism, and c) structural justice. The essay argues that while we can make sense of such differences without charging Rawls's account of blatant inconsistency, we can nonetheless criticize such an outlook from an internal perspective. There is a middle way between claiming that (...) no significant differences are present between A Theory of Justice and The Law of Peoples and, on the other hand, that the differences between the two are so large as to make them totally incompatible. Furthermore, to argue in favour of Rawls's consistency does not, as many seem to have thought, entail agreeing with his overall conclusion for justice in international relations. The final part of the essay illustrates this point by analyzing the case of trade. (shrink)

In this article I rethink Rawls' conception of international economic justice, with a particular focus on international trade. I ground my normative argument on a different interpretation of the concepts of basic structure and of basic institution. I use the contemporary international trading system to illustrate my normative interpretation. I use the Law of Peoples to discuss the Rawlsian concept of basic structure. I contest Samuel Freeman's interpretation of this concept as one that pertains exclusively to the domestic realm. As (...) a reply, I work out an interpretation of basic institutions valid for both the national and international context. I base my understanding on the impact and the form of membership that characterize basic institutions. Both properties are compatible with an extension of the concept of a basic institution to the international domain. I then show how the World Trade Organization (WTO) system can be compared to a domestic basic institution. I analyse the decisional setting that surrounds the choice of joining the WTO. I conclude that no real alternative exists. Hence, WTO membership is not to be considered a completely free policy choice. I also state that the new system is witnessing a strong expansion of the areas subject to trade governance. Such expansion is responsible for the growing impact that international trade has on domestic institutions and hence on people. Finally, I use my analysis of contemporary international trading relations to test Rawls' position in the Law of Peoples. I conclude that although Rawls' principles for fair trade and international cooperation can regulate GATT-style international trade, they are not proficient in assessing the new characteristics of international trade. (shrink)

In light of recent attempts to determine the political role and status of corporations I discuss the normative implications of considering multinational corporations (MNCs) as political actors. I posit that corporations do indeed have a new political role in a connected world, in particular with respect to matters of human rights, social and environmental justice. We thus find a growing need for ethical and political knowledge to inform and guide the emerging political co-responsibility of MNCs. I draw on the rich (...) literature in cosmopolitanism to seek such guidance and discuss some of the implications that a cosmopolitan perspective implies. (shrink)

Dette nummeret av Etikk i praksis består av to deler, en temadel og en åpen del. Nummerets temadel dreier seg om irregulær migrasjon. Irregulære migranter skaper etiske, rettslige og politiske utfordringer for liberale velferdsstater i Europa. En irregulær migrant oppholder seg nemlig innenfor en stats grense, men er uten oppholdstillatelse. Dersom man aksepterer at stater har suveren rett til å bestemme over hvem som kvalifiserer seg til oppholdstillatelse og ikke, vil personer uten lovlig opphold reise følgende spørsmål: Har staten et (...) ansvar for å ivareta denne gruppens sikkerhet og velferd? Det er viktig å påpeke at irregulære migranter i liberale velferdsstater ikke er fullstendig rettighetsløse. De fleste liberale velferdsstater anerkjenner at de har sivile rettigheter samt et minimum av sosiale og økonomiske rettigheter.1 Territorielt og til en viss grad juridisk befinner de seg altså innenfor staten. Samtidig er de ekskludert fra de fleste sosiale og økonomiske rettigheter, og kan i prinsippet sendes ut av landet når som helst. På denne måten befinner de seg allikevel utenfor staten. I praksis er irregulære migranter altså på samme tid både innenfor og utenfor staten. Dette nummerets temadel inviterer til en normativ diskusjon om liberale velferdsstaters politikk overfor irregulære migranter. Og, ikke minst, hvordan samfunnet bør behandle denne gruppen innbyggere. (shrink)

Justice entitles everyone in the world, including future generations, to an equitable share of the benefits of the world's natural resources. I argue that even though both Rawls and his libertarian critics seem hostile to it, this resource equity principle, suitably clarified, is a major part of an adequate strict compliance theory of global justice whether or not we take a libertarian or a Rawlsian approach. I offer a defence of the resource equity principle from both points of view.

This paper concentrates on the way Kant's distinction between duties of right and duties of virtue operates at the interstate level. I argue that his Right of Nations (V ölkerrecht) can be interpreted as a duty to establish a kind of interstate distributive justice (that is, as a duty to secure states in their independence and territorial possessions), which is called for to secure domestic distributive justice and to protect individuals' freedom and private property. Or at least this is 'ideal (...) theory' for, as I specify, this cosmopolitan linkage is compromised by Kant's endeavour to accomodate the existence of non-republican states. (shrink)

De acuerdo a este artículo, la extensión realizada por Rawls de su concepción de justicia doméstica al contexto de las relaciones internacionales contradice premisas básicas de su propia teoría de justicia. Una extensión de la teoría doméstica consistente con sus propias premisas debería llevar a considerar una clase mayor de demandas como derechos humanos y a aceptar algún principio de distribución global.

Debates on borders in both normative political theory and critical border studies tend to focus on the spatiality of bordering. This article evaluates this territorialist epistemology by identifying the complex temporality of borders and highlighting the specific normative challenges that it engenders. In particular, it argues for the centrality of time–space governance as a frame for examining bordering processes. This challenge is exemplified through contemporary debates on the movement of people and theoretical arguments about how to construct migration policy. The (...) article contends that complex temporality necessitates an orientation to the future that reconfigures the manner in which theorists should address the time–space governance of migration. (shrink)

In 2005 the member states of the United Nations recognized a “responsibility to protect” (“R2P”) victims of mass atrocities such as genocide, war crimes, and crimes against humanity. They acknowledged a special role for the U.N. Security Council in responding to these atrocities, including potentially authorizing military action using its extensive powers under Chapter VII of the U.N. Charter. However, the Council has very rarely been able to agree on appropriate action, and the five permanent Council members (“P5”), most notably (...) China and Russia, have often vetoed or threatened to veto Council resolutions authorizing R2P action. The article argues that the veto poses a major impediment to the Council acting on its R2P responsibilities, and that to resolve it, the P5, and all U.N. member states, need to agree on a common ethical approach. The article proposes such an approach based on ethical concepts that are widely endorsed by states, especially in the U.N. Charter and the Universal Declaration of Human Rights, and explores its implications for legal and ethical controversies relating to the role of the Council, its obligations under R2P, and proposed reforms of the veto. (shrink)

This article assesses Richard Vernon's attempted reconciliation of compatriot preference with global justice by analyzing the iteration proviso (IP), which says that a group of people can legitimately set out to confer special advantages upon each other if others, outside that group, are free to do the same in their own case. Part I outlines how duties to outsiders are typically characterized in two leading accounts of global justice — moral universalism and associativism. The IP is motivated by Vernon's desire (...) to transcend the binary opposition between, and the limitations of, these two views. Part II sketches the version of contractualism that Vernon deploys to surmount these limitations and explains the role of the IP therein. Part III elucidates two different interpretations of the IP and shows that neither seems plausible. (shrink)

LaBerge examines the ethical positions of Rawls, Kant, John Walzer adapted from J. S. Mill, and Canadian philosopher Howard Adelman are, and writes that they constitute "an ethics of human rights, ethics of the right to a historical community, and an ethics of peace.".

Do a threatened state’s obligations of assistance extend to the enemy’s needy people and the needy people in non-hostile countries equally? This paper examines five arguments defending the political boundary between hostile and non-hostile countries. The aid workers, defence capacity, and pre-emptive self-defence arguments highlight the unreasonable burdens for a threatened state to protect its own citizens, as a result of its assistance to the enemy’s needy people, while the limited and comprehensive negative duties arguments underscore a threatened state’s involvement (...) in harmful activities. Unfortunately, these five arguments cannot accomplish the task. Certain arguments (i.e. the aid workers argument and the negative duties approach in general) encounter the insufficiency problem by not completely denying the potential for assisting the enemy’s needy people, while other arguments (i.e. the defence capacity, the limited and comprehensive negative duties, the pre-emptive self-defence arguments) face the over-extension problem by prohibiting assistance to needy people in nonhostile countries. Therefore, when a threatened state provides assistance to needy foreigners, the distinction between hostile and non-hostile countries should not constitute a decisive reason to affect the distribution of its assistance, because it cannot clearly maintain this distinction. (shrink)

Broad comparisons of international relations across time—of the prospects for peace and of the possibilities for a new ethics for a connected world—typically focus on two dimensions: economic globalization and integration on the one hand, and the character of major interstate relations on the other. One of the most striking features of the pre-1914 world was precisely the coincidence of intensified globalization with a dramatic deterioration in major power relations, the downfall of concert-style approaches to international order, and the descent (...) into total war and ideological confrontation—what T. S. Eliot termed “the panorama of futility and anarchy which is contemporary history.” Today's optimists stress the degree to which globalization appears much more firmly institutionalized than it was a hundred years ago, the rather striking success of global economic governance in responding to the financial crisis of 2007–2008, and the longer-term trend within international society to move away from major-power war. Pessimists are less sure. They worry that we have had to re-learn just how unstable global capitalism can be, both in terms of the wrenching societal changes produced by economic success and of the political strains produced by slowdown and recession. And they point to the abiding or resurgent power of nationalism in all of the core countries in the system, the return of balance-of-power thinking, and the renewed salience of major power politics. (shrink)

Theories of global justice have moved from issues relating to crimes against humanity and war crimes or, furthermore, ?negative duties? with respect to non-citizens, towards problems of distributive justice and global inequality. Thomas Nagel's Storrs Lectures from 2005, exemplifying Rawlsian internationalism, argue that liberal requirements concerning duties of distributive justice apply exclusively within a single nation-state, and do not extend to duties of this nature between rich and poor countries. Nagel even argues that the demand for global equality is not (...) a demand of justice at all. In the present article I will try to offer a normative basis for the criticism of such a view. Following Kant and more recently Philip Pettit, I locate this normative basis on political freedom conceived as non-domination. Such a conception opens up the possibility of a political cosmopolitanism, which is based not on an empirical interdependence among people at a global level, but on a normative interdependence. Subsequent cosmopolitan duties extend both to the elimination of domination everywhere in the world and to the equal enjoyment of non-dominated choice. Thus, it will be argued that modern republicanism is falsely identified with a particular, bounded community, but supports a political, not simply a moral, cosmopolitanism. This kind of cosmopolitanism conceives of sovereign states neither as useless constructions, nor as mere instruments for realizing the pre-institutional value of justice among human beings. Instead, their existence is what gives the value of justice its application. Cosmopolitanism is not after all about the abolishment of all boundaries, but about the essential capacity to draw and redraw them infinitely under conditions of global justice. (shrink)

Der Beitrag verfolgt das Ziel, die Entwicklung der Idee der Gerechtigkeit in der Neuzeit im Kontext des sozialen Wandels zu erhellen. Zu diesem Zweck wird nach einer einleitenden Erörterung des dieser Idee zugrundeliegenden Gerechtigkeitsbegriffs zuerst das Projekt einer vertragstheoretischen Begründung einer gerechten staatlichen Ordnung in der frühen Neuzeit vor dem Hintergrund des Herausbildung des modernen Staates behandelt. Im Anschluss werden die theoretischen Leitideen und gesellschaftlichen Triebkräfte des Kampfes um bürgerliche Freiheit und demokratische Teilhabe beleuchtet, wovon ausgehend dann die Entstehung der (...) heute vorherrschenden Vorstellung von sozialer Gerechtigkeit einer näheren Betrachtung unterzogen wird. Der Beitrag endet mit einigen Bemerkungen über die Gerechtigkeitsprobleme der Gegenwart und die künftigen Herausforderungen im Kampf um Gerechtigkeit. (shrink)

Liberal nationalism is a boundary‐making project, and a feature of this boundary‐making enterprise is the belief that the compatriots have a certain priority over strangers. For this reason it is often thought that liberal nationalism cannot be compatible with the demands of global egalitarianism. In this essay, I examine the sense in which liberal nationalism privileges compatriots, and I argue that, properly understood, the idea of partiality for compatriots in the context of liberal nationalism is not at odds with global (...) equal concern for all persons. In particular, I argue that the three central goals and aspirations of liberal nationalism—promoting individual autonomy and cultural identity, the realization of deliberative democracy, and the aspiration for social justice within the state—do not entail or require a form of compatriot partiality that is inconsistent with the demands of global egalitarian justice. (shrink)

This essay argues that David Miller's criticisms of global egalitarianism do not undermine the view where it is stated in one of its stronger, luck egalitarian forms. The claim that global egalitarianism cannot specify a metric of justice which is broad enough to exclude spurious claims for redistribution, but precise enough to appropriately value different kinds of advantage, implicitly assumes that cultural understandings are the only legitimate way of identifying what counts as advantage. But that is an assumption always or (...) almost always rejected by global egalitarianism. The claim that global egalitarianism demands either too little redistribution, leaving the unborn and dissenters burdened with their societies' imprudent choices, or too much redistribution, creating perverse incentives by punishing prudent decisions, only presents a problem for global luck egalitarianism on the assumption that nations can legitimately inherit assets from earlier generations – again, an assumption very much at odds with global egalitarian assumptions. (shrink)

This paper considers issues raised by Elizabeth Anderson’s recent critique of the position she terms ‘luck egalitarianism’. It is maintained that luck egalitarianism, once clarified and elaborated in certain regards, remains the strongest egalitarian stance. Anderson’s arguments that luck egalitarians abandon both the negligent and prudent dependent caretakers fails to account for the moderate positions open to luck egalitarians and overemphasizes their commitment to unregulated market choices. The claim that luck egalitarianism insults citizens by redistributing on the grounds of paternalistic (...) beliefs, pity and envy, and by making intrusive and stigmatizing judgments of responsibility, fails accurately to characterize the luck egalitarian’s rationale for redistribution and relies upon luck egalitarians being insensitive to the danger of stigmatization. The luck egalitarian position is reinforced by the fact that Anderson’s favoured conception of equality, ‘democratic equality’, is counterintuitively indifferent to all unchosen inequalities, including intergenerational inequalities, once bare social minima are met. (shrink)

The global city is a contested site of economic innovation and cultural production, as well as profound inequalities of wealth and life chances. These cities, and large cities that aspire to ‘global’ status, are often the point of entry for new immigrants. Yet for political theorists (and indeed many scholars of global institutions), these critical sites of global influence and inequality have not been a significant focus of attention. This is curious. Theorists have wrestled with the nature and demands of (...) global justice, but have for the most part supposed that the debate is between statist and cosmopolitan formulations. Questions of redistribution, immigration, humanitarian obligations, coercion at borders, and territorial rights have correspondingly been cast as either the domain of sovereign territorial states, or of the nascent web of supranational institutions that might bind those states and peoples, morally and legally. Examining some of these issues and arguments through the lens of the global city casts them in a new and informative light, and buttresses an associative turn in thinking about global justice. (shrink)

This essay investigates Xunzi’s political philosophy of ba dao (Hegemonic Rule). It argues that Xunzi’s practical philosophy of ba dao was developed in the course of resolving the tension between theory and practice latent in Mencius’s account of ba dao . Its central claim is that contra Mencius who remained torn between his ideal political theory of ba dao and the practical utility and moral value of ba dao , Xunzi creatively re-appropriated ba dao as a “morally decent” (if not (...) morally ideal) statecraft, within the parameter of practical Confucian philosophy. After examining the moral and political value of ba dao in both domestic and international governance, the essay concludes by arguing that Xunzi’s defense of ba dao should be understood in the context of what I call “negative Confucianism,” without which the realization of the Confucian moral-political ideal (or positive Confucianism) is impossible. (shrink)

This essay examines the structure of the international trade regime. Following John Rawls, it asserts that "justice is the first virtue of social institutions." This leads to the question: Is the trade regime just?

The late influential American intellectual Michael Novak was a self-declared devotee of Reinhold Niebuhr, arguably the foremost twentieth-century American theologian. Novak’s The Spirit of Democratic Capitalism (1982) was an attempt to fill the political-economic lacuna in Niebuhr’s thought. The present article offers a Niebuhrian irony–focused response to Novak’s democratic capitalism in view of climate change as probably the greatest threat facing humanity. Novak quite successfully extended Niebuhrian ideas into a theology-based vision of democratic capitalism as the only political-economic system effective (...) in widely lifting people out of poverty. Yet he failed to acknowledge human-induced climate change as beyond reasonable doubt and rooted in the predominantly American invention of a fossil energy–based capitalist political economy. This article’s thesis is that Novak’s democratic capitalism entails Niebuhrian irony: the virtue it displays about resources becomes a vice due to Novak’s irresponsible post–Spirit of Democratic Capitalism attempt to represent democratic capitalism as innocent of any dangerous climate-change implications. (shrink)

The question of who has the burden of proof is often important in practice. We must frequently make decisions and act on the basis not of conclusive evidence but of what is reasonable to presume true. Consequently, it happens that a given practical question must be solved by referring to principles that explicitly or implicitly determine, at least partly, where the burden of proof should rest. In this essay, I consider the role of the logic of the burden of proof (...) in a debate on global justice. In particular, I ask how the logic of the burden of proof is seen by those who defend conservative positions in a debate and deny our obligations to reduce poverty beyond borders. I argue that defenders of conservative positions tend to shift the burden of proof in an unjustified way. (shrink)

This article identifies some core features of the argument in Richard Vernon's Cosmopolitan Regard: Political Membership and Global Justice (2010) and suggests some directions to pursue in defending its conclusions against reasonable objections. I outline the book's key ideas and draw attention to two areas in which Vernon's argument might be open to question. The first issue is that Vernon seems too quick with the problem of motivation, and the second is that his commitment to multiple jurisdictions must be careful (...) not to beg the question. In the end, I claim these objections can be answered. (shrink)

John Rawls argued in The Law of Peoples that we should reject any principle of international distributive justice, whether in ideal theory or nonideal theory. Instead, he advocated a duty of assistance on the part of well‐ordered societies toward burdened societies. I argue that Rawls is correct that we should endorse a principle with a target and cut‐off point rather than a principle of international distributive justice. But the target and cut‐off point he favors is too undemanding, because it can (...) be met by assisting a burdened society to become a decent people. Instead, only a society that respects the right to an adequate standard of living, and not simply a right to subsistence, can be an acceptable target. Rawls is prevented from drawing this conclusion by a failure to disentangle issues of intervention and assistance, a failure bound up with his flawed, intervention‐driven account of human rights in defining a decent people. (shrink)

This paper shows how most modern theories of justice could require or at least condone international aid aimed at alleviating the ill effects of disability. Seen from the general viewpoint of liberal egalitarianism, this is moderately encouraging, since according to the creed people in bad positions should be aided, and disability tends to put people in such positions. The actual responses of many theories, including John Rawls's famous view of justice, remain, however, unclear. Communitarian, liberal egalitarian, and luck egalitarian thinkers (...) alike have to consider their attitude towards cosmopolitan ideals before they can extend their theories across national borders. The only view of justice that automatically rejects the obligation of international aid based on disability is libertarianism. This is significant for two reasons. Libertarianism is arguably the economic doctrine of globalisation; and its moral appeal to voluntary charity draws attention to the foundations of voluntary corporate social res.. (shrink)

Thomas Pogge has argued that we have strong negative duties to assist the global poor because we harm them through our contribution to the global economic order. I argue that Pogge’s concept of harm is indeterminate. The resources of any group will typically be affected by at least two economic schemes. Pogge suggests that the responsibility for any affected group’s shortfall from a minimum standard ought to be shared between the contributing schemes. I argue that shared responsibility can be interpreted (...) in two different ways. Unfortunately, both interpretations are problematic. Lastly, I suggest a strategy for amending this problem. (shrink)

This paper elaborates the concept of global public power as the subject of principles of political legitimacy in global politics, and defends it through a critical comparison with other concepts widely employed to depict this regulative subject: states, global basic structure, and global governance. The goal underlying this argument is to bring some greater unity and integration to conceptual understandings of the subject of principles of political legitimacy within analyses of global politics, and in doing so to frame a broader (...) research agenda for locating in practice the concrete political agencies and institutions that are appropriate targets for demands of political legitimation under the prevailing empirical conditions of global pluralism. (shrink)

Abstract:Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations (TNCs) that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the governments (...) of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice. (shrink)

Abstract:Building on John Rawls’s account of the Law of Peoples, this paper examines the grounds and scope of the obligations of transnational corporations (TNCs) that are owned by members of developed economies and operate in developing economies. The paper advances two broad claims. First, the paper argues that there are conditions under which TNCs have obligations to fulfill a limited duty of assistance toward those living in developing economies, even though the duty is normally understood to fall on the governments (...) of developed economies. Second, by extending Rawls’s account to include a right to protection against arbitrary interference, the paper argues that TNCs can be said to have negative and positive obligations in the areas of human rights, labor standards, and environmental protection, as outlined in the U.N. Global Compact. More generally, the paper aims to further our understanding of the implications of Rawls’s account of justice. (shrink)