It is possible to design fair border measures that address carbon leakage, are consistent with the leadership responsibilities of developed countries, do not penalize developing countries, and ensure that consumers take some responsibility for the emissions outsourced to developing countries.

International Non-governmental Organizations (INGOs) face difficult choices when choosing to allocate resources. Given that the resources made available to INGOs fall far short of what is needed to reduce massive human rights deficits, any chosen scheme of resource allocation requires failing to reach other individuals in great need. Facing these moral opportunity costs, what moral reasons should guide INGO resource allocation? Two reasons that clearly matter, and are recognized by philosophers and development practitioners, are the consequences (or benefit or harm (...) reduction) of any given resource allocation and the need (or priority) of individual beneficiaries. If accepted, these reasons should lead INGOs to allocate resources to a limited number of countries where the most prioritarian weighted harm reduction will be achieved. I make three critiques against this view. First, on grounds the consequentialist accepts, I argue that INGOs ought to maintain a reasonably wide distribution of resources. Second, I argue that even if one is a consequentialist, consequentialism ought not act as an action guiding principle for INGOs. Third, I argue that additional moral reasons should influence decision making about INGO resource allocation. Namely, INGO decision making should attend to relational reasons, desert, respect for agency, concern for equity, and the importance of expressing a view of moral wrongs. (shrink)

It is conventional wisdom among political philosophers that ideal principles of justice must guide our attempts to design institutions to avert actual injustice. Call this the ideal guidance approach. I argue that this view is misguided— ideal principles of justice are not appropriate "guiding principles" that actual institutions must aim to realize, even if only approximately. Fortunately, the conventional wisdom is also avoidable. In this paper, I develop an alternative approach to institutional design, which I call institutional failure analysis. The (...) basic intuition of this approach is that our moral assessment of institutional proposals is most effective when we proceed from a detailed understanding of the causal processes generating problematic social outcomes. Failure analysis takes the institutional primary design task to be obviating or averting institutional failures. Consequently, failure analysis enables theorists to prescribe more effective solutions to actual injustice because its focuses on understanding the injustice, rather than specifying an ideal of justice. (shrink)

Analyzes the historic correlation of injustice and moral judgments. Universalizability in analyzing moral judgments; Role of payment of money in the embodiment of communal remembrance; Symbolic reparation.

This article claims that it is not mutual benefit but mutual risk that grounds compatriot preference. Exposure to risks such as state abuse provide us with a reason to take our compatriots' interests seriously. The same argument, however, displays the limits of this reasoning, and also grounds a demanding obligation to aid other societies.

In distributing the costs associated with climate change, most scholars have focused exclusively upon mitigation burdens. Few consider the distribution of adaptation costs, which concern projects that seek to minimize harm from human-induced climate change.

What is the relation between norms (in the sense of ?socially accepted rules?) and conventions? A number of philosophers have suggested that there is some kind of conceptual or constitutive relation between them. Some hold that conventions are or entail special kinds of norms (the ?conventions-as-norms thesis?). Others hold that at least some norms are or entail special kinds of conventions (the ?norms-as-conventions thesis?). We argue that both theses are false. Norms and conventions are crucially different conceptually and functionally in (...) ways that make it the case that it is a serious mistake to try to assimilate them. They are crucially different conceptually in that whereas conventions are not normative and are behaviour dependent and desire dependent, norms are normative, behaviour independent, and desire independent. They are crucially different functionally in that whereas conventions principally serve the function of facilitating coordination, norms principally serve the function of making us accountable to one another. (shrink)

Climate change poses grave threats to many people, including the most vulnerable. This prompts the question of who should bear the burden of combating ?dangerous? climate change. Many appeal to the Polluter Pays Principle. I argue that it should play an important role in any adequate analysis of the responsibility to combat climate change, but suggest that it suffers from three limitations and that it needs to be revised. I then consider the Ability to Pay Principle and consider four objections (...) to this principle. I suggest that, when suitably modified, it can supplement the Polluter Pays Principle. (shrink)

During the 1980s, empirical social sciences and normative theory seemingly converged within ethical debates. This tendency kindled new debates about the limits and possibilities of empirical-normative collaboration. The article asks for adequate ways of collaboration by taking a closer look at the philosophy of science of empirical social sciences as well as normative theory development and its logical groundings. As a result, three possible modes of cooperation are characterized: first, the empirical assessment of conditions that actually necessitate the translation of (...) normatively derived basic principles into practice rules; second, the empirical assessment of conditions for application of a moral norm which are formulated by bridging principles; third, the empirical assessment of social practice which allows to measure whether adopted norms actually are implemented in practice or not and to encounter new moral problems which are in need of ethical guidance. Finally, the article defends a symbiotic position in Weaver ’s and Trevino's triad of possible approaches to empirical-normative collaboration in ethics. (shrink)

The paper argues against the assumption that citizens of industrialized countries bear responsibility for greenhouse emissions in the nineteenth and early twentieth centuries. An array of arguments for such a historic responsibility is refuted. The crucial role of the assumption of a liability for bona fide misappropriation in a state of nature (Lockean strict liability) is pointed out.

The quality of our theoretical argumentation, the diversity and insights of our methods, and our general level of understanding are markedly better than a generation ago. However, this progress has been driven by a division of labor with increased specialization that has led each part of the field to become narrower.

A range of developing countries and international advocacy organizations have argued that wealthy countries, as a result of their greater historical contribution to human-induced climate change, owe a ?climate debt? to poor countries. Critics of this argument have claimed that it is incoherent or morally objectionable. In this essay we clarify the concept of climate debt and assess its value for conceptualizing responsibilities associated with global climate change and for guiding international climate negotiations. We conclude that the idea of a (...) climate debt can be coherently formulated, and that while some understandings of the idea of climate debt could lead to morally objectionable conclusions, other accounts would not. However, we argue that climate debt nevertheless provides an unhelpful frame for advancing global justice through international climate negotiations ? the only existing means of resolving political conflict over the collective action problems posed by human-induced climate change ? due to its retrospective and potentially adversarial emphasis, and to problems of measurement. (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)

The concept of 'sustainable development' as used by the Brundtland Commission was meant to separate environmental policy from distributional conflicts. Increases in income sometimes are beneficial for the environment, but higher incomes have meant higher emissions of greenhouse gases, and higher rates of genetic erosion. In the aftermath of the Rio conference of June 1992, this article analyses some unavoidable links between distributional conflicts and environmental policy. Often, environmental movements have tried to keep environmental resources and services outside the market, (...) but there are now attempts to establish property rights on, and to give money values to environmental resources and services, such as agricultural genetic resources and the CO2 absorption facility provided by the oceans and new vegetation. European 'green' proposals to impose an 'eco-tax', and proposals from India to create a world market for CO2 emission permits are considered. The issue raised by the growing Third World agroecology movement, of payment of 'farmers' rights' for in situ agricultural biodiversity is discussed. The article includes a short discussion of the North American free trade agreement between Mexico and the USA, in so far as it involves so-called 'ecological dumping', i.e. trading at values which do not include environmental costs. In the last sections, the article asks how prices in ecologically-extended markets would be formed, how much such prices will depend on distribution, and how much such payments would change distribution of income. Environmental movements of the Poor are faced with the dilemma of keeping environmental resources and services out of the market, or else asking for property rights to be placed on them. (shrink)

Climate change can be interpreted as a unique case of historical injustice involving issues of both intergenerational and global justice. We split the issue into two separate questions. First, how should emission rights be distributed? Second, who should come up for the costs of coping with climate change? We regard the first question as being an issue of pure distributive justice and argue on prioritarian grounds that the developing world should receive higher per capita emission rights than the developed world. (...) This is justified by the fact that the latter already owns a larger share of benefits associated with emission generating activities because of its past record of industrialisation. The second question appears to be an issue of compensatory justice. After defining what we mean by compensation, we show that different kinds of compensatory principles run into problems when used to justify payments by historical emitters of the North to people suffering from climate change in the South. As an alternative, we propose to view payments from wealthy countries for adaptation to climate change in vulnerable countries rather as a measure based on concerns of global distributive justice. (shrink)

Hundreds of millions of people around the world are unable to meet their needs on their own, and do not receive adequate protection or support from their home states. These people, if they are to be provided for, need assistance from the international community. If we are to meet our duties to these people, we must have ways of knowing who should be eligible for different forms of relief. One prominent proposal from scholars and activists has been to classify all (...) who are unable to meet their basic needs on their own as ‘refugees’, and to extend to them the sorts of protections established under the United Nations Refugee Convention. Such an approach would expand the traditional refugee definition significantly. Unlike most academic commentators discussing this issue, I reject calls for an expanded refugee definition, and instead defend the core elements of the definition set out in the 1967 Protocol to the United Nations Refugee Convention. Using the tools of moral and political philosophy, I explain in this article how the group picked out by this definition has particular characteristics that make refugee protection distinctly appropriate for it. While many people in need of assistance can be helped ‘in place’, in their home countries, or by providing a form of temporary protected status to them, this is not so, I show, of convention refugees. The group picked out by the UN refugee definition is a normatively distinct group to whom we owe particular duties, duties we can only meet by granting them refuge in a safe country. Additionally, there are further practical reasons why a broader refugee definition may lead to problems. Finally, I argue that rejecting the call for a broader definition of refugees will better help us meet our duties to those in need than would an expanded definition. (shrink)

There are many uncertainties concerning climate change, but a rough international consensus has emerged that a doubling of atmospheric carbon dioxide from its pre-industrial baseline is likely to lead to a 2.5 degree centigrade increase in the earth's mean surface temperature by the middle of the next century. Such a warming would have diverse impacts on human activities and would likely be catastrophic for many plants and nonhuman animals. The author's contention is that the problems engendered by the possibility of (...) climate change are not purely scientific but also concern how we ought to live and how humans should relate to each other and to the rest of nature; and these are problems of ethics and politics. (shrink)

At the end of a thoughtful article on the future of nuclear war, Wiesner and York concluded that: "Both sides in the arms race are... confronted by the dilemma of steadily increasing military power and steadily decreasing national security. It is our considered professional judgment that this dilemma has no technical solution. If the great powers continue to look for solutions in the area of science and technology only, the result will be to worsen the situation.".

Philosophers who complain about the ‹demandingness’ of morality forget that a morality can make too few demands as well as too many. What we ought be seeking is an appropriately demanding morality. This article recommends a ‹moral satisficing’ approach to determining when a morality is ‹demanding enough’, and an institutionalized solution to keeping the demands within acceptable limits.

Developments in the democratic theory of representation and deliberation enable renewed consideration of the ancient controversy over the proper place of rhetoric in politics. Rhetoric facilitates the making and hearing of representation claims spanning subjects and audiences divided in their commitments and dispositions. Deliberative democracy requires a deliberative system with multiple components whose linkage often needs rhetoric. Appreciation of these aspects of democracy exposes the limitations of categorical tests for the admissibility of particular sorts of rhetoric. Prioritization of bridging over (...) bonding rhetoric is a step in the right direction, while sometimes producing misleading results. A better systemic test asks whether or not rhetoric promotes an effective deliberative system linking competent and reflective actors. (shrink)

When can we say that a debt crisis has been resolved fairly? An often overlooked but very important effect of financial crises and the debts that often engender them is that they can lead the crisis countries to increased dependence on international institutions and the policy conditionality they require in return for their continued support, limiting their capabilities and those of their citizens to exercise meaningful control over their policies and institutions. These outcomes have been viewed by many not merely (...) as extremely unfortunate and regrettable, but also as deeply unfair. And indeed, increasingly potent popular movements have pressured governments, financial institutions, and the financial community to seek what they take to be fairer solutions to debt crises. The merits of these programs and proposals for dealing more fairly with sovereign debt remain hotly disputed. In this essay, we try to take a step back from the political fray and examine some more fundamental considerations that seem relevant to assessing the fairness of current arrangements governing economic exchanges related to debt contracts and alternatives that have been proposed to them.Our discussion is organized into seven sections. First, we characterize briefly the concept of fairness and its role in social evaluation. Second, we clarify what sovereign debt is, and, third, the ethical statuses that particular sovereign debts can have. Fourth, we identify and describe the main features of current practices related to sovereign debt. Fifth, we describe an "ideal picture" of creditor/debtor relations. We argue that in such a scenario a broad range of ethical considerations can plausibly be invoked in support of practices that closely resemble those presently governing sovereign debt. Sixth, we draw attention to the many ways in which in reality the relations between sovereign debtors and their creditors differ markedly from the relationships between the creditor and debtor in the ideal picture. Because of this, many of the ethical considerations that would support present practices were relations between sovereign debtors and their creditors to resemble more closely those depicted in the ideal picture fail to do so under present circumstances. We conclude, moreover, that the remaining ethical considerations that might be advanced in support of the present system are at best quite inconclusive. Finally, we describe briefly specific reform proposals to current practices. While we will not attempt to show that these proposals would necessarily make the rules governing economic exchanges relevant to sovereign debt more fair, we conclude, in light of our earlier analysis, that they must be given much more serious consideration than they have so far received in policy circles. Indeed, there are strong prima facie reasons to believe that some combination of these proposed policies might prevent or mitigate some of the most ethically regrettable outcomes of present practices and norms by changing the incentives of sovereign borrowers and those who lend to them. (shrink)

This paper examines what would be a fair distribution of the right to emit greenhouse gases. It distinguishes between views that treat the distribution of this right on its own (Isolationist Views) and those that treat it in conjunction with the distribution of other goods (Integrationist Views). The most widely held view treats adopts an Isolationist approach and holds that emission rights should be distributed equally. This paper provides a critique of this 'equal per capita' view, and the isolationist assumptions (...) on which it depends. It examines four arguments for this view, finding each wanting. It then presents two general challenges to the 'equal per capita' view, and, indeed, any views which treat the distribution of greenhouse gas emissions in isolation from other goods. It concludes by outlining and defending an alternative (Integrationist) approach to the distribution of rights to emit greenhouse gases. (shrink)

The authors articulate a global public standard for the normative legitimacy of global governance institutions. This standard can provide the basis for principled criticism of global governance institutions and guide reform efforts in circumstances in which people disagree deeply about the demands of global justice and the role that global governance institutions should play in meeting them.

Despite the prevalence of human rights discourse, the very idea or concept of a human right remains obscure. In particular, it is unclear what is supposed to be special or distinctive about human rights. In this paper, we consider two recent attempts to answer this challenge, James Griffin’s “personhood account” and Charles Beitz’s “practice-based account”, and argue that neither is entirely satisfactory. We then conclude with a suggestion for what a more adequate account might look like – what we call (...) the “structural pluralist account” of human rights. (shrink)

In this essay we argue that an agent’s failure to assist someone in need at one time can change the cost she can be morally required to take on to assist that same person at a later time. In particular, we show that the cost the agent can subsequently be required to take on to help the person in need can increase quite significantly, and can be enforced through the proportionate use of force. We explore the implications of this argument (...) for the duties of the affluent to address global poverty. (shrink)

When are we responsible for addressing the acute deprivations of others beyond state borders? One widely held view is that we are responsible for addressing or preventing acute deprivations insofar as we have contributed to them or are contributing to bringing them about. But how should agents who endorse this “contribution principle” of allocating responsibility yet are uncertain whether or how much they have contributed to some problem conceive of their responsibilities with respect to it? Legal systems adopt formal norms (...) that set the burden of proof, the standard of proof, and the constraints on admissible evidence, which help courts to apply liability rules in cases where there are significant evidential uncertainties. Applying principles for determining ethical responsibilities, too, require such norms. Their content, however, should be much different from that found in criminal and even civil legal settings, where the moral costs of falsely holding those responsible for bringing about some harm are more worrisome. Instead of demanding that an agent be shown to have contributed to some deprivation “beyond a reasonable doubt,” we should express a willingness to err in favor of the acutely deprived subjects, demanding that even those agents who merely suspect that they may have substantially contributed to these deprivations undertake efforts to address them. (shrink)

Individuals in capitalist societies are increasingly exposed to market risks. Luck egalitarian theories, which advocate neutralizing the influence of luck on distribution, fail to cope with this problem, because they focus on the wrong kinds of distributive constraints. Rules of distributive justice can specify (1) acceptable procedures for allocating goods, (2) the range of acceptable variations in distributive outcomes, or (3) which individuals should have which goods, according to individual characteristics such as desert or need. Desert-catering luck egalitarians offer rules (...) of the third type. Their theories fail because considerations of market efficiency, freedom, and dignity undermine the claims of desert to inform standards of justice for society as a whole. Responsibility-catering luck egalitarians offer rules of the first type. Their theories fail because such rules don’t constrain the downside risks of market choices. To solve this problem, we need rules of the second type, which allow market forces, and hence luck, to influence distributive outcomes, but only within an acceptable egalitarian range. The ideal of equality in social relations helps us devise acceptable constraints at the top, bottom, and middle of the income range. (shrink)

It is widely recognized that changes are occurring to the earth’s climate and, further, that these changes threaten important human interests. This raises the question of who should bear the burdens of addressing global climate change. This paper aims to provide an answer to this question. To do so it focuses on the principle that those who cause the problem are morally responsible for solving it (the ‘polluterpays’ principle). It argues thatwhilethishasconsiderable appeal it cannot provide a complete account of who (...) should bear the burdens of global climate change. It proposes three ways in which this principle needs to be supplemented, and compares the resulting moral theory with the principle of ‘common but differentiated responsibility’. (shrink)

We inhabit this world with large numbers of people who are very badly off through no fault of their own. The statistics are overwhelming: “Two out of five children in the developing world are stunted, one in three is underweight and one in ten is wasted.”1 Some 250 million children between 5 and 14 do wage work outside their family — often under harsh or cruel conditions: as soldiers, prostitutes, or domestic servants, or in agriculture, construction, textile or carpet production.2 (...) In 1998, out of a total of 5900 million human beings,3 some 2800 million lived below $2/day, and nearly 1200 million of these below the $1/day international poverty line.4 Some 799 million are undernourished, 1000 million lack access to safe water, 2400 million lack access to basic sanitation, and 876 million adults are illiterate.5 More than 880 million lack access to basic health services.6 Approximately 1000 million have no adequate shelter and 2000 million no electricity.7 Roughly one third of all human deaths, some 50,000 daily, are due to poverty-related causes, easily preventable through better nutrition, safe drinking water, vaccines, cheap re-hydration packs and antibiotics.8 “Worldwide 34,000 children under age five die daily from hunger and preventable diseases.”9.. (shrink)