The World Trade Organisation, and the international trade regime within which it operates, is regularly evaluated in terms of distributive outcomes or opportunities. A less-established concern is the extent to which the institutional structure of the trade regime enables agents to exert control over the economic forces to which they’re subject. This oversight is surprising, as trade negotiations amongst states have profound impacts upon what options remain open to those states and their citizens in regulating their economies. This article contributes (...) to filling this lacuna in the literature. Following on from recent neo-republican work on global and international justice, it argues that a major problem with the WTO is that it fails to effectively mitigate the domination of some states by others within its negotiations. Such domination prevails despite the employment of negative consensus as a decision-making procedure. (shrink)

The principle of sustainability is generally taken as a good, but what does sustainability really mean? The notion of sustainability has been at the center of global governance debates for more than a decade and many countries across the world include sustainability in their constitutions. This paper argues that in order to understand the concept of sustainability in a constitutional context, we need to turn to the notion of dignity. The paper explores the concepts of sustainability and dignity and their (...) meanings in the framework of climate justice and related questions and by discussing them in the context of Kantian and republican theory. In addition, the paper looks at intriguing court cases on the importance of nation states meeting their climate law duties. The paper concludes by exploring new uses of the sustainability concept. EU constitutional law will serve as a laboratory in testing these questions. (shrink)

Freedom is among the central values in political philosophy. Freedom also features heavily in normative arguments in ethics, politics, and law. Yet different sides often invoke freedom to establish very different conclusions. Some argue that freedom imposes strict constraints on state power. For example, when promoting public health, there is a limit on how far the state can interfere with individual freedom. Others, in contrast, argue that freedom is not just a constraint but also an important goal of state power (...) and collective action. Good public health policy, for example, promotes people’s freedom. Of course, different arguments often draw on different theories of freedom. So, to evaluate such arguments, we need to analyze these different theories and their implications and assess their plausibility. -/- The broadly liberal tradition views freedom as being about external options. Such theories typically start with an account of when someone has a specific freedom or unfreedom to do something. For example, some argue that only a narrow set of interpersonal interferences count as constraints on freedom. Others argue that a far broader set of factors, including ill health and natural constraints, can reduce one’s freedom. -/- Since the 1980s and 1990s, scholarship has increasingly recognized that to use liberal freedom in normative arguments, one must move beyond specific freedom and unfreedom. Most laws and policies both subtract and add specific freedoms. What matters is how a person’s freedom is affected overall. Philosophers and economists have thus engaged in intricate debates about how to measure overall freedom. Moreover, policies and law affect not only one person at one point in time but also multiple persons across time. So, liberal freedom-based arguments also require distributive criteria for intertemporal and interpersonal distributions of freedom. -/- In the early 21st century, republicanism has developed into a prominent alternative to liberal theories. Republicans argue that being a free person is not just, or not even primarily, about liberal option-freedom. Freedom requires being free from dominating power. Republicans and liberals have engaged in a lively debate on who offers the better theory. In developing the republican ideal, republicans also engage in intramural debates. For example, is domination primarily an interpersonal or structural phenomenon? And what economic institutions does republicanism imply? -/- Theorizing around freedom has become richer and moved from narrower questions regarding specific freedom and unfreedom to overall freedom and to republican theories of nondomination. But recent theorizing also seeks to extend its focus and scope. Historically, theorizing started with the freedom of able-bodied male citizens within nation states. Recent theorizing shifts the focus to include issues around gender, disability, freedom at the international level, and the freedom of nonhuman animals and future generations. Beyond fascinating implications of existing theories, a more inclusive focus is likely to also yield important lessons on how current theories can be improved. (shrink)

Multiple authors have argued that moral cosmopolitanism, the thesis that every human has a global stature as an ultimate unit of moral concern, is compatible with domestic egalitarianism. This is because they believe that from equal concern does not follow equal treatment, and it might be possible to impartially justify partial treatment. Some such attempts at justifying restricting the scope of egalitarian demands of distributive justice to the state proceed by application of Rawls’s principle of fairness to the provision of (...) basic goods. But such relational approaches have been criticized by institutionalists who believe there is a global basic structure for the provision of basic goods. Institutional approaches, however, have themselves been criticized for relying on less than global institutions, such that the egalitarianism that they may justify is not truly global either. We argue that beyond institutionally provided goods there are nonetheless some goods whose provision is truly global, such that we can find a relational foundation for global egalitarianism, from which we can argue for cosmopolitan institutionalization. (shrink)