This article integrates empirical and normative discussions about why global economic inequalities matter in critically examining an approach known as derivative global egalitarianism (DGE). DGE is a burgeoning perspective that opposes excessive global economic inequality not based on the intrinsic value of equality but inequality's negative repercussions on other values. The article aims to advance the research agenda by identifying and critically evaluating four primary varieties of DGE arguments from related but distinct literatures, which span a number of disciplines, including (...) economics, international relations, and political philosophy. Overall, DGE offers a number of persuasive arguments as to why current levels of global inequality are of concern, but aspects of DGE beg further philosophical and empirical examination. By situating DGE within the wider theoretical and empirical contexts, this article provides resources for its critical assessment and theoretical development. (shrink)

My paper consists of two parts. The first part deals with the fundamental normative standards of domestic social justice on the one hand and global justice on the other, standards that are requisite in order to identify injustices on both levels. On this basis, the second part focuses on the interrelations between domestic social justice and global justice with particular attention to the interdependencies between domestic and global injustices.

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)

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)

Ovaj rad se bavi metodološkim aspektima obnovljenih pravno-filozofskih nastojanja da se preispita pojam međunarodnog prava. Posle kratkog osvrta na istoriju pravne filozofije i ključne tačke Hartovog i Kelzenovog pozitivističkog stanovišta, u radu se dalje ispituje na koji način se savremene pravne teorije, kako u pozitivističkoj, tako i u ne-pozitivističkoj tradiciji, bave međunarodnim pravom. Poslednji deo rada predstavlja pokušaj da se skiciraju određene smernice za novi početak u filozofskoj obradi međunarodnog prava. Prvo, istorija rasprava u ovoj oblasti svedoči o tome da (...) su metodološki pravni teoretičari u pravu kada tvrde da nam utvrđivanje odgovarajućeg metoda pomaže u odgovoru na pitanje šta je pravo. Drugo, imajući na umu stalno promenjivu prirodu međunarodnog prava, odgovarajući metodološki pristup zahteva „evolucionarnu epistemologiju“ (D’Amato), koja teško da se može nazvati obeležjem analitičke jurisprudencije. Najzad, takva epistemologija je na kompleksan način povezana sa našim istraživanjem šta međunarodna pravda ili, bar, šta međunarodna „unutrašnja moralnost“ zahteva. (shrink)

For the traditional legalistic discourse on the International Criminal Court, “politics” is a bête noire that compromises the independence of the Court and thus needs to be avoided and overcome. In response to this legalistic approach, a burgeoning body of literature insists that the Court does not exist and operate “beyond politics”, arguing that the ICC is an institution where law and politics are intimately connected. The present article seeks to contribute to this “non-traditional” literature by addressing two of its (...) fundamental weaknesses: First, writers of the “non-traditional camp” often present a rather limited view of “politics”; in particular, they have shied away from taking the radical step of portraying and analysing the ICC as a “political actor”. This undermines both its critical and constructive potential. Secondly, these commentators offer a simplistic explanation as to why “traditionalists” treat politics as the ICC’s bête noire: Traditionalists, they claim, are “legalists” with scant interest in and understanding of politics. By focusing on the ICC’s nature as a political actor, this article does not only paint a more nuanced picture of the ICC but also demonstrates the constructive potential of this understanding of the ICC to shed light on the so-called “peace versus justice dilemma”. And secondly, it demonstrates that precisely because the ICC is and ought to be a prudent political actor, it must officially disavow politics. The “noble lie” of disavowing politics, therefore, is a prudential strategy to avoid dangerous moral and political consequences and, ultimately, to secure the continued existence of the ICC itself. (shrink)

The normative theory of multilateral democratic integration starts within the context of liberal peoples engaged in the common realization of rights, freedoms, and life chances for their citizens while seeking to preserve self-government and popular sovereignty. The point argued in the paper is that the fair terms of multilateral democratic integration must be determined by an integrated original position of citizen and people representatives choosing basic principles of liberal multilateralism. The proposal to merge the two Rawlsian original positions offers a (...) political solution to the contrast between rival conceptions of grand universalism and national particularism. After a general discussion of the wider problematic and the original position, I explain the concept and the reality of multilateral democratic integration. In part three, I justify why citizen and people representatives ought to be seen as participants of the original position of multilateral democratic integration. I then assess the rational motives of both types of representatives and determine the veil of ignorance of the integrated original position. In section, the original position is applied to the test of several normative hypotheses prima facie considered as candidates for basic principles of multilateral democratic integration. These principles are not necessarily new, but they are principles which presumably apply to multilateral democratic integration as a specific political order and system of cooperation. (shrink)

The first part of the paper focuses on the current debate over the universality of human rights. After conceptually distinguishing between different types of universality, it employs Sen’s definition that the claim of a universal value is the one that people anywhere may have reason to see as valuable. When applied to human rights, this standard implies “thin” (relative, contingent) universality, which might be operationally worked-out as in Donnelly’s three-tiered scheme of concepts–conceptions–implementations. The second part is devoted to collective rights, (...) which have recently become a new topic of the human rights debate. This part provides the basis of political–philosophical justification and legal–theoretical conceptualization of collective rights, as rights directly vested in collective entities. The third part dwells on the problem of universality of collective rights. It differentiates between the three main collective entities in international law—peoples, minorities, and indigenous peoples—and investigates whether certain rights vested in these collectives might, according to Sen’s standard, acquire the status of the universal ones. After determining that some rights are, in principle, plausible candidates for such a status in international law, this paper concludes by taking notice of a number of the open issues that still need to be settled, primarily by the cooperative endeavor of international legal scholars and legal theorists. (shrink)

For hundreds of years procedural rights such as habeas corpus have been regarded as fundamental in the Anglo-American system of jurisprudence. In contemporary international law, fundamental norms are called jus cogens. Jus cogens norms are rights or rules that can not be derogated even by treaty. In the list that is often given, jus cogens norms include norms against aggression, apartheid, slavery, and genocide. All of the members of this list are substantive rights. In this paper I will argue that (...) some procedural rights, crucial for the fair functioning of criminal proceedings, such as habeas corpus, should also have the status of jus cogens norms. I will begin by explaining what it means for a right to have jus cogens status. And I will follow this with a defense of having procedural rights like habeas corpus added to the list of jus cogens norms. I will then rehearse some of the debates about the jus cogens status of procedural rights in the European Commission on Human Rights. At the end of this paper, I will look at the attempts to deal with the abuses at Guantanamo by the American Commission on Human Rights, and by the US and Australian courts, as a way to understand why there needs to be a stronger support for habeas corpus than is today provided by regional courts. (shrink)

How has the international community responded to humanitarian crises after the end of the Cold War? While optimistic ideational perspectives on global governance stress the importance of humanitarian norms and argue that humanitarian crises have been increasingly addressed, more skeptical realist accounts point to material interests and maintain that these responses have remained highly selective. In empirical terms, however, we know very little about the actual extent of selectivity since, so far, the international community’s reaction to humanitarian crises has not (...) been systematically examined. This article addresses this gap by empirically examining the extent and the nature of the selectivity of humanitarian crises. To do so, the most severe humanitarian crises in the post-Cold War era are identified and examined for whether and how the international community responded. This study considers different modes of crisis response (ranging from inaction to military intervention) and different actors (including states, international institutions, and nonstate actors), yielding a more precise picture of the alleged “selectivity gap” and a number of theoretical implications for contemporary global security governance. (shrink)