After briefly surveying the mission and principles of the World Trade Organization (WTO), I argue that international trade may be assessed from the perspective of justice, and that the correct account of justice for these purposes is egalitarian in fundamental principle. I then consider the merits of the WTO's basic commitment to liberalized trade in the light of egalitarian considerations. Finally, I discuss the justice of several WTO policies. While noting the complexity of the empirical issues relating to the effects (...) of trade institutions and policies, I conclude that egalitarians have reasons to object to certain of the principles and policies of the WTO. (shrink)

What kind of political systems should there be? In this paper I examine two competing principles of institutional design — an instrumental view, which maintains that one should design institutions so as to realize the most plausible conception of justice, and a democratic view, which maintains that one should design institutions so as to enable persons to participate in the decisions that impact their lives. I argue for a mixed view that combines these two principles. In the second stage of (...) the argument, I draw on this principle of institutional design to argue for the need for suprastate institutions. These are required to protect persons’ core basic rights and, over and above that, they are needed to provide fair and legitimate procedures for choosing which rules should govern the global economy and environment. The third stage of the argument develops this account by elaborating on what features global institutions must possess for them to perform these two distinct kinds of roles. (shrink)

I argue that transnational democracy provides the basis for a solution to the problem of the “democratic circle”—that in order for democracy to promote justice, it must already be just—at the international level. Transnational democracy could be a means to global justice. First, I briefly recount my argument for the “democratic minimum.” This minimum is freedom from domination, understood in a very specific sense. Employing Hannah Arendt's conception of freedom as “the capacity to begin,” the form of nondomination sufficient for (...) the democratic minimum is the capability to initiate deliberation and thus democratic decision-making processes. My point in developing this argument further concerns the political form of a transnational polity: its citizens enjoy the democratic minimum as members of variousdemoi. In the case of the European Union, this leads to a potential for democratic domination. I call this thedemoiproblem, a difficulty that holds for any multilevel polity, for bounded as well as transnational political communities. Second, I argue that such domination is overcome so long as the capacity to initiate deliberation is distributed among various units and various levels. The democratic minimum could fail to obtain not only because individuals or groups are dominated by nondemocratic means, but also because they are dominated democratically to the extent that the demos of one unit lacks the normative power to initiate deliberation and thus is subordinated to others. (shrink)

Democracy and human rights have long been strongly connected in international covenants. In documents such as 1948 United Nations Universal Declaration of Human Rights and the 1966 International Covenant of Civil and Political Rights, democracy is justified both intrinsically in terms of popular sovereignty and instrumentally as the best way to “foster the full realization of all human rights.” Yet, even though they are human and thus universal rights, political rights are often surprisingly specific. In the Covenant, for example, “the (...) right to take part in the conduct of public affairs” is equated with “the right to vote and to be elected.” More often then not, their realization is left to states and their constitutions, as for example in the European Convention for the Protection of Human Rights. Political rights have a “peculiar” status among enumerated human rights, and this difficulty has to do with deep assumptions about the nature and scope of democracy and political community that remain unexamined by the drafters of these important declarations. (shrink)

Global economic and political inequalities are in most respects greater today than they have been for decades. From one point of view inequality is a bad thing simply because it involves a deviation from equality, which is thought to have value for its own sake. But it is controversial whether this position can be defended, and if it can, whether the egalitarian ideal on which the defense may depend applies at the global level as in individual societies. Setting aside directly (...) egalitarian reasons for concern about global inequality, this paper explores several reasons for concern that derive from nonegalitarian values – primarily those associated with poverty and material deprivation, humiliation, the impact of inequality on the capacity for self‐control and self‐government, and the unfairness of political decision‐making procedures with large economic inequalities in the background. (shrink)

Despite a high and growing global average income, billions of human beings are still condemned to lifelong severe poverty with all its attendant evils of low life expectancy, social exclusion, ill health, illiteracy, dependency, and effective enslavement. We citizens of the rich countries are conditioned to think of this problem as an occasion for assistance. Thanks in part to the rationalizations dispensed by our economists, most of us do not realize how deeply we are implicated, through the new global economic (...) order our states have imposed, in this ongoing catastrophe. My sketch of how we are so implicated follows the argument of my book, World Poverty and Human Rights, but takes the form of a response to the books critics. (shrink)

In a recent discussion of Amartya Sen's concept of the capabilities of people for functioning in their society – and the idea of targeting people's functioning capabilities in evaluating the society – G. A. Cohen accuses Sen of espousing an inappropriate, ‘athletic’ image of the person (Cohen, 1993, pp. 24–5). The idea is that if Sen's formulations are to be taken at face value, then life is valuable only so far as people actively choose most facets of their existence: if (...) they fare well in the material stakes, for example, they must fare well as a result of active choice and effort, not because anyone else looks after them. ‘That’, says Cohen, ‘overestimates the place of freedom and activity in well-being’ (p. 25). (shrink)

We do not live in a just world. This may be the least controversial claim one could make in political theory. But it is much less clear what, if anything, justice on a world scale might mean, or what the hope for justice should lead us to want in the domain of international or global institutions, and in the policies of states that are in a position to affect the world order. By comparison with the perplexing and undeveloped state of (...) this subject, domestic political theory is very well understood, with multiple highly developed theories offering alternative solutions to well-defined problems. By contrast, concepts and theories of global justice are in the early stages of formation, and it is not clear what the main questions are, let alone the main possible answers. I believe that the need for workable ideas about the global or international case presents political theory with its most important current task, and even perhaps with the opportunity to make a practical contribution in the long run, though perhaps only the very long run. (shrink)

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)

This article considers the links between international institutions and global economic justice: how international institutions might be morally important; how they have changed; and at what those changes imply for justice. The institutional structure of international society has evolved in ways that help to undercut the arguments of those who take a restrictionist position towards global economic justice. There is now a denser and more integrated network of shared institutions and practices within which social expectations of global justice and injustice (...) have become more securely established. But, at the same time, our major international social institutions continue to constitute a deformed political order. This combination of density and deformity shapes how we should think about international justice in general and has important implications for the scope, character, and modalities of global economic justice. Having laid out a view of normative development and where it leads, the article then examines why international distributive justice remains so marginal to current practice. (shrink)

This paper argues for a conception of transnational justice that provides an alternative to globalist and statist views. In light of an analysis of the transnational context of justice, a critical theory is suggested that addresses the multiple relations of injustice and domination to be found in this context. Based on a universal, individual right to reciprocal and general justification, this theory argues for justifiable social and political relations both within and between states. In both of these contexts, it distinguishes (...) between minimal and maximal justice and stresses the interdependence of domestic and transnational justice. On both levels, minimal justice calls for a discursive structure of justification, whereas maximal justice implies a fully justified basic social structure. (shrink)