If dangerous climate change is to be avoided, it is vital that carbon sinks such as tropical rainforests are protected. But protecting them has costs. These include opportunity costs: the potential economic benefits which those who currently control rainforests have to give up when they are protected. But who should bear those costs? Should countries which happen to have rainforests within their territories sacrifice their own economic development, because of our broader global interests in protecting key carbon sinks? This essay (...) develops an argument from the “principle of fairness,” which seeks to establish that outsiders should pay states with rainforests so as to share the costs of protection. If they do not, they can be condemned for free-riding on forest states. The argument is, I suggest, compelling and also capable of enjoying support from adherents of a wide variety of positions on global justice. (shrink)

The doctrine of permanent sovereignty over natural resources is a hugely consequential one in the contemporary world, appearing to grant nation-states both jurisdiction-type rights and rights of ownership over the resources to be found in their territories. But the normative justification for that doctrine is far from clear. This article elucidates the best arguments that might be made for permanent sovereignty, including claims from national improvement of or attachment to resources, as well as functionalist claims linking resource rights to key (...) state functions. But it also shows that these defences are insufficient to justify permanent sovereignty and that in many cases they actually count against it as a practice. They turn out to be compatible, furthermore, with the dispersal of resource rights away from the nation-state which global justice appears to demand. (shrink)

Liberal defences of nationalism have become prevalent since the mid-1980 s. Curiously, they have largely neglected the fact that nationalism is primarily about land. Should liberals throw up their hands in despair when confronting conflicting claims stemming from incommensurable national narratives and holy texts? Should they dismiss conflicting demands that stem solely from particular cultures, religions and mythologies in favour of a supposedly neutral set of guidelines? Does history matter? Should ancient injustices interest us today? Should we care who reached (...) the territory first and who were its prior inhabitants? Should principles of utility play a part in resolving territorial disputes? Was John Locke right to argue that the utilisation of land counts in favour of its acquisition? And should Western style settlement projects work in favour or against a nation s territorial demands? When and how should principles of equality and equal distribution come into play? Territorial Rights examines the generic types of territorial claims customarily put forward by national groups as justification for their territorial demands, within the framework of what has come to be known as liberal nationalism . The final outcome is a multifarious theory on the ethics of territorial boundaries that supplies a workable set of guidelines for evaluating territorial disputes from a liberal-national perspective, and offers a common ground for discussion (including disagreement) and for the mediation of claims. (shrink)

This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist within the (...) framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls ' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." --_Times Literary Supplement_. (shrink)

A currently popular proposal for fairly distributing emission quotas is the equal shares view, which holds that that emission quotas should be distributed to all human beings globally on an equal per capita basis. In this paper I aim to show that a number of arguments in favour of equal shares are based on a misleading analysis of climate change as a global commons problem. I argue that a correct understanding of the way in which climate change results from the (...) overuse of a global commons shows those who defend equal shares using commons arguments to be harbouring more controversial commitments than might at first appear. I then discuss two options for equal shares theorists who wish to maintain the view in the face of my critique, and attempt to show that one approach holds more promise than the other. (shrink)

This chapter outlines the main ideas of my book National responsibility and global justice. It begins with two widely held but conflicting intuitions about what global justice might mean on the one hand, and what it means to be a member of a national community on the other. The first intuition tells us that global inequalities of the magnitude that currently exist are radically unjust, while the second intuition tells us that inequalities are both unavoidable and fair once national responsibility (...) is allowed to operate. This conflict might be resolved either by adopting a cosmopolitan theory of justice (which leaves no room for national responsibility) or by adopting a ?political? theory of justice (which denies that questions of distributive justice can arise beyond the walls of the sovereign state). Since neither resolution is satisfactory, the chapter defends the idea of national responsibility and proposes a new theory of global justice, whose main elements are the protection of basic human rights worldwide, and fair terms of interaction between independent political communities. (shrink)

Consisting of two essays, this work by a Harvard professor offers his thoughts on the idea of a social contract regulating people's behavior toward one another.

ABSTRACT The principle of nationality is widely believed to be philosophically disreputable and politically reactionary. As defined here, it embraces three propositions: national identities are properly part of personal identities; they ground circumscribed obligations to fellow‐nationals; and they justify claims to political self‐determination. To have a national identity is to think of oneself as belonging to a community constituted by mutual belief, extended in history, active in character, connected to a particular territory, and marked off from others by its members’distinct (...) traits. Such identities are inevitably partly mythical in nature, yet they answer a pressing modern need, the maintenance of solidarity in large, anonymous societies. They are allied to no particular political programme. They do not require the suppression of minority cultures within the political community. They do not justify a secessionist free‐for‐all. Nor finally does recognition of the role of sentiments in constituting national communities commit us to a subjectivist view of social obligations. Philosophers should recognise the value of these loyalties even if they cannot be rationally grounded in a strong sense. [1]. (shrink)

This chapter examines one of the most serious problems with the principle of self‐determination, viz., that this concept does not tell us who the peoples are that are entitled to self‐determination or the jurisdictional unit that they are entitled. It examines indigenous, historical, superior culture, and occupancy arguments for rights to a particular territory and suggests normative principles for thinking about jurisdictional units.

The current statist order assumes that states have a right to make rules involving the transfer and/or extraction of natural resources within the territory. Cosmopolitan theories of global justice have questioned whether the state is justified in its control over natural resources, typically by pointing out that having resources is a matter of good luck, and this unfairness should be addressed. This paper argues that self-determination does generate a right over resources, which others should not interfere with. It does not (...) entail, however, that there is no obligation on rich countries to redistribute to poor countries. Indeed, in some rare instances, it might be necessary for a particular political community to use its resources, but the presumption is that the collectively self-determining group should have the right to decide that. (shrink)

In John Locke's Two Treatises of Government, the state of nature, and more particularly natural man, are created within the tradition of natural law. Several commentators, such as James Tully and Karl Olivecrona, have recognized this legacy in Locke's political thought.1 While providing an analysis of Locke's thought in relation to natural law, such studies, however, have not fully examined the global context within which both the Two Treatises and seventeenth-century natural law developed. Consequently the extent to which natural law (...) theorists, such as Hugo Grotius and Samuel Pufendorf, were influenced by the colonial interests of their particular countries of origin has been largely overlooked. The development of natural law theory, which can be traced back to the time of Cicero and beyond, is transformed during the sixteen hundreds by the need to answer new questions posed, both on sea and land, by the expanding colonial empires of Europe. Thus, in considering the natural law theorists who influenced Locke, it will be necessary to examine how colonialism influenced both the questions which were posed and the answers that were given. (shrink)

It is often said that one person or society is 'freer' than another, or that people have a right to equal freedom, or that freedom should be increased or even maximized. Such quantitative claims about freedom are of great importance to us, forming an essential part of our political discourse and theorizing. Yet their meaning has been surprisingly neglected by political philosophers until now.Ian Carter provides the first systematic account of the nature and importance of our judgements about degrees of (...) freedom. He begins with an analysis of the normative assumptions behind the claim that individuals are entitled to a measure of freedom, and then goes on to ask whether it is indeed conceptually possible to measure freedom.Adopting a coherentist approach, the author argues for a conception of freedom that not only reflects commonly held intuitions about who is freer than whom but is also compatible with a liberal or freedom-based theory of justice. (shrink)

This chapter offers a conceptual analysis of territory, distinguishes it from property accounts, and discusses different versions of property accounts, all derived from Locke’s ‘Second Treatise of Government’. It offers a conceptual analysis of territory and the various rights associated with territory. According to Locke, territorial right is established through the subjection, by free consent, of persons and their land to state authority. This theory is found to rest on a number of flawed assumptions, among them claims to natural rights (...) of property and an obvious link between private property and territorial jurisdiction. Cara Nine draws on Lockean principles to claim that a state is a collective that, like individuals, owns property, namely the territory of the state. After examining the historical antecedents of such ideas, the chapter points away from them and towards accounts of territory based on individual and collective claims of rights. (shrink)

Margaret Moore offers a comprehensive normative theory of territory.

This chapter outlines the main ideas of my book National responsibility and global justice. It begins with two widely held but conflicting intuitions about what global justice might mean on the one hand, and what it means to be a member of a national community on the other. The first intuition tells us that global inequalities of the magnitude that currently exist are radically unjust, while the second intuition tells us that inequalities are both unavoidable and fair once national responsibility (...) is allowed to operate. This conflict might be resolved either by adopting a cosmopolitan theory of justice (which leaves no room for national responsibility) or by adopting a ‘political’ theory of justice (which denies that questions of distributive justice can arise beyond the walls of the sovereign state). Since neither resolution is satisfactory, the chapter defends the idea of national responsibility and proposes a new theory of global justice, whose main elements are the protection of basic human rights worldwide, and fair terms of interaction between independent political communities. (shrink)

Historical injustice and global inequality are basic problems embedded in territorial rights. In Global Justice and Territory Cara Nine advances a general theory of territorial rights adapting a theoretical framework from natural law theory to ground all territorial claims.

My object in this paper is to defend the view that national boundaries may be ethically significant. The duties we owe to our compatriots may be more extensive than the duties we owe to strangers, simply because they are compatriots. On the face of it, such a view is hardly outlandish. On the contrary almost all of us, including our leaders, behave as though it were self-evidently true. We do not, for instance, hesitate to introduce welfare measures on the grounds (...) that their benefits will be enjoyed only by Americans, or Britons, or whomever. Why, then, is it worth defending this view at length? Precisely because there is a powerful thrust in the ethical theories that are most prominent in our culture toward what I shall call universalism: namely, the view that the subject matter of ethics is persons considered merely as such, independent of all local connections and relations; and that the fundamental questions of ethics can be posed in some such form as: What duties do I owe to my fellow human beings? What rights do they have against me?'. (shrink)

In recent years numerous multi-national states have disintegrated along national lines, and today many more continue to witness bitter secessionist struggles. This ambitious study brings together for the first time a series of original essays on the ethics of secession. A host of leading figures explore key issues in this important debate, including, what is `a people' and what gives them a right to secede? And is national self-determination consistent with liberal and democratic principles or is it a dangerous doctrine?

Proponents of global egalitarian justice often argue that their positions are compatible with the principle of self-determination. At the same time, prominent arguments in favor of global egalitarianism object to one central component of the principle: namely, that the borders of states (or other political units) are normatively significant for the allocation of rights and duties; that duties of justice and democratic rights should stop or change at borders. In this article, I propose an argument in defense of the normative (...) significance of territorial boundaries that draws on a political interpretation of the principle of self-determination. The political interpretation is distinct from the two major approaches to self-determination: the national and the democratic. It makes a twofold contribution to the debates about global justice and democracy; while it (a) challenges the position that political memberships and political borders are morally arbitrary; it (b) helpsdefine the realm of permissible autonomy for self-governing political units, which does not ignore duties to nonmembers and outsiders. (shrink)