International and domestic law offer a study in contrasts: States' legal obligations often depend on their consent to specific international legal norms, whereas domestic law applies to individuals with or without their consent; enforcement in international law is weak and, for many international treaties, non‐existent, whereas states spend considerable resources to create centralized coercive enforcement mechanisms; and international law is characterized by much less institutional differentiation and specialization of functions than domestic legal systems are. These differences have invited a number (...) of skeptical challenges to international law, 3 of which we explore in this essay. The first points to 1 or more of the deviations of international law's institutional structure from that of a modern state's legal system as a basis for denying that international law is really “law.” Central to the debates over international law's status as law are concerns about whether and why the concepts of law inherited from domestic legal systems should serve as the blueprint for theorizing law in general and international law in particular. The second skeptical challenge targets international law's legitimacy. It claims that we lack reasons to treat international legal norms or the exercise of political power by international institutions, as anything other than an attempt by states to advance their national interests. If this challenge succeeds, states and other subjects of international law have merely prudential reasons to comply with it rather than a moral duty to obey it. Following a brief description of recent debates over how we ought to understand the concept of legitimacy when used to assess international political practices or global governance, we survey several possible bases for a moral duty to obey or respect international law. These include state consent, instrumental accounts of legitimate authority, and global democracy. The third set of challenges focuses on the relationship between state sovereignty and international law. International rules and institutions often make demands for reform affecting the domestic law of a state in order to elicit compliance with international law. Skeptics argue that the rule of international law is incompatible with states' political self‐determination. Regardless of whether their defense of this claim ultimately succeeds, thoughtful engagement with it may well require us to rethink some of the fundamental concepts and normative ideals in political philosophy, including state sovereignty, democracy, individual rights, political authority, and political obligation. (shrink)

This article provides a conceptual map of the debate on ideal and non‐ideal theory. It argues that this debate encompasses a number of different questions, which have not been kept sufficiently separate in the literature. In particular, the article distinguishes between the following three interpretations of the ‘ideal vs. non‐ideal theory’ contrast: (i) full compliance vs. partial compliance theory; (ii) utopian vs. realistic theory; (iii) end‐state vs. transitional theory. The article advances critical reflections on each of these sub‐debates, and highlights (...) areas for future research in the field. (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)

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)

Many poor and oppressed people wish to leave their countries of origin in the third world to come to affluent Western societies. This essay argues that there is little justification for keeping them out. The essay draws on three contemporary approaches to political theory - the Rawlsian,the Nozickean, and the utilitarian - to construct arguments for open borders. The fact that all three theories converge upon the same results on this issue, despite their significant disagreements on others, strengthens the case (...) for open borders and reveals its roots in our deep commitment to respect all human beings as free and equal moral persons. The final part of the essay considers communitarian objections to this conclusion, especially those of Michael Walzer. (shrink)

This article by David Miller is widely considered a standard defense of the (once) conventional view on immigration restrictionism, namely that (liberal) states generally have free authority to restrict immigration, save for a few exceptions.

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)

Through a critical engagement with Jeremy Waldron’s work, as well as the work of other writers, I offer an account of the relative scope of the morality of war, the laws of war, and war crimes. I propose an instrumentalist account of the laws of war, according to which the laws of war should help soldiers conform to the morality of war. The instrumentalist account supports Waldron’s conclusion that the laws of war justifiably prohibit attacks on civilians even if it (...) turns out that some civilians lack a moral right not to be killed. Importantly, the instrumentalist account also offers what Waldron thinks impossible: a non-consequentialist defense of the failure of the laws of war to prohibit the killing of nonthreatening combatants. Finally, I argue that new war crimes can be broader than the morality of war as well as established laws of war and that many of the arguments for defining war crimes more narrowly than either the morality of war or the laws of war are unconvincing. In all of these ways, I hope to carry forward Waldron’s project of exploring the relationship between law and morality in war. (shrink)

The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – that it (...) systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each critique contains certain moral and empirical assumptions that deserve further attention. The distributive justice implications of international investment rules are also relevant to scholars of global distributive justice. The aim of the analysis is to develop an interdisciplinary agenda – among law, philosophy, and social science – for inquiry into the justice of investment law and reform of its unjust elements. (shrink)

“Coalition of the willing” is a phrase that we hear invoked with frequency in world politics. Significantly, it is generally accompanied by claims to moral responsibility. Yet the label commonly used to connote a temporary, purpose-driven, self-selected collection of states sits uneasily alongside these assertions of moral responsibility.This article explores how the informal nature of such associations should inform judgments of moral responsibility. I begin by briefly recounting what I call a model of institutional moral agency in order to explain (...) why it seems theoretically and practically problematic to talk about the moral responsibilities of informal associations. I then focus on coalitions of the willing as prominent, and challenging, examples of such associations, before raising misgivings about my own rather stark distinction if it means that accounts of moral responsibility must be reduced to the members—or potential members—of such coalitions in a way that neglects the moral significance of their acting together. Prompted by these concerns, I explore arguments by Virginia Held and Larry May about moral responsibility in relation to informal associations and identify insights that can be taken from these positions to refine our expectations and evaluations of the actions associated with such collectivities. Finally, I consider the particular implications of these insights in relation to the widely espoused duty to intervene to rescue vulnerable populations. (shrink)

The answer I offer in this Article is that crimes against humanity assault one particular aspect of human being, namely our character as political animals. We are creatures whose nature compels us to live socially, but who cannot do so without artificial political organization that inevitably poses threats to our well-being, and, at the limit, to our very survival. Crimes against humanity represent the worst of those threats; they are the limiting case of politics gone cancerous. Precisely because we cannot (...) live without politics, we exist under the permanent threat that politics will turn cancerous and the indispensable institutions of organized political life will destroy us. That is why all humankind shares an interest in repressing these crimes. The theory that I aim to defend here consists of two propositions: that "humanity" in the label "crimes against humanity" refers to our nature as political animals, and that these crimes pose a universal threat that all humankind shares an interest in repressing. (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)

This article discusses two normative questions raised by cases of colonial settlement. First, is it sometimes wrong to migrate and settle in a previously inhabited land? If so, under what conditions? Second, should settler countries ever take steps to undo wrongful settlement, by enforcing repatriation and return? The article argues that it is wrong to settle in another country in cases where one comes with intent to colonize the population against their will, or one possesses an adequate territorial base somewhere (...) else, lacks an urgent interest in moving, and seeks to settle in a new place under conditions where settlement would severely harm the practices of prior occupants. It also argues for a presumption of repatriation and return in the first generation of wrongful settlement and holds that these remedies may be extended to second and higher generations in some – but not all – cases. (shrink)

The grounds of justice -- "Un pouvoir ordinaire": shared membership in a state as a ground of -- Justice -- Internationalism versus statism and globalism: contemporary debates -- What follows from our common humanity? : the institutional stance, human rights, and nonrelationism -- Hugo Grotius revisited : collective ownership of the Earth and global public reason -- "Our sole habitation" : a contemporary approach to collective ownership of the earth -- Toward a contingent derivation of human rights -- Proportionate use (...) : immigration and original ownership of the Earth -- "But the earth abideth for ever" : obligations to future generations -- Climate change and ownership of the atmosphere -- Human rights as membership rights in the global order -- Arguing for human rights : essential pharmaceuticals -- Arguing for human rights : labor rights as human rights -- Justice and trade -- The way we live now -- "Imagine there's no countries" : a reply to John Lennon -- Justice and accountability : the state -- Justice and accountability : the World Trade Organization. (shrink)

The present article explores ‘anti-cosmopolitan’ arguments that shared institutions above the state, such as there are, are not of a kind that support or give rise to distributive claims beyond securing minimum needs. The upshot is to rebut certain of these ‘anti-cosmopolitan’ arguments. Section 1 asks under which conditions institutions are subject to distributive justice norms. That is, which sound reasons support claims to a relative share of the benefits of institutions that exist and apply to individuals? Such norms may (...) require strict equality, Rawls’ Difference Principle, or other constraints on inequality. Section 2 considers, and rejects, several arguments why existing international institutions are not thought to meet these conditions. (shrink)

Abstract:While self-determination is a cardinal principle of international law, its meaning is often obscure. Yet international law clearly recognizes decolonization as a central application of the principle. Most ordinary people also agree that the liberation of colonial peoples was a moral triumph. This essay examines three philosophical theories of self-determination’s value, and asks which one best captures the reasons why decolonization was morally required. The instrumentalist theory holds that decolonization was required because subject peoples were unjustly governed, the democratic view (...) holds that decolonization was required because subject peoples lacked democratic representation, and the associative view holds that decolonization was required because subject peoples were unable to affirm the political institutions their colonial rulers imposed on them. I argue that the associative view is superior to competing accounts, because it better reflects individuals’ “maker” interests in participating in shared political projects that they value. The essay further shows that if we accept the associative view, self-determination is not a sui generis value that applies to decolonization alone. Ultimately, our intuitions about decolonization can be justified only by invoking an interest on the part of persistently alienated groups in redrawing political boundaries. The same interest may justify self-determination in additional cases, such as autonomy for indigenous peoples, or greater independence for Scotland or Quebec. (shrink)

This paper critically explores the growing assertiveness with which liberalism has approached questions of the just use of force since 9/11. The liberal position rests upon broad claims about the centrality of human rights concerns to considerations of the justice of war. The claim is that a liberal-cosmopolitan respect for human rights forces us to reconsider the conservative, generally prohibitive, position on the use of force defended by traditional just war theory and enshrined in international law. This argument is has (...) been most fully developed by Allen Buchanan in several important books and papers and it is Buchanan’s position that forms the basis for the critique of the assertive cosmopolitan attitude to the use of force that is offered in this article. The paper shows that both the just war tradition and those who theorize the ethics of the law of armed conflict have taken the moral and political reality of human rights seriously (in a manner that directly addresses Buchanan’s core argument) but that there remain compelling reasons to defend a conservative approach to the use of force. (shrink)

The Law of Peoples, with “The Idea of Public Reason Revisited”. john rawls. William James and the Metaphysics of Experience. david c. lamberth.

In order responsibly to decide whether there ought to be an international legal right of secession, I believe we need an account of the morality of secession. I propose that territorial and political societies have a moral right to secede, and on that basis I propose a regime designed to give such groups an international legal right to secede. This regime would create a procedure that could be followed by groups desiring to secede or by states desiring to resolve the (...) issue of secession. It would give territorial political societies a legally recognized liberty to conduct a plebiscite on secession, and, assuming such a plebiscite is won by the secessionist side, a qualified right in international law to create a state without interference. Alan Buchanan has argued that proposals of this sort would create perverse incentives. I argue that there is no good reason to believe this. The point is to allow the legal regulation of secession in cases where there are active secessionist movements with legitimate moral claims, and to attempt to dampen the desire for secession in cases where secessionist sentiment is not well grounded in social and geographic reality. (shrink)

In some discussions on global distributive justice, it is argued that the factthat the state exercises coercive authority over its own citizens explains whythe state has egalitarian distributive obligations to its own but not to otherindividuals in the world at large. Two recent works make the case that the globalorder is indeed coercive in a morally significant way for generating certainglobal distributive obligations. Nicole Hassoun argues that the coercivecharacter of the global order gives rise to global duties of humanitarian aid.Laura (...) Valentini argues that the existence of global coercion triggers globaldistributive duties more demanding than mere humanitarianism, but notnecessarily as demanding as cosmopolitan egalitarian duties. This reviewessay suggests that Hassoun’s and Valentini’s depictions of the global orderas coercive entitle them to the stronger conclusion that there are globalegalitarian duties. (shrink)

I employ the principle of fairness to argue that many existing states have a moral duty to obey international law simply in virtue of its status as law. On this voluntarist interpretation of the principle of fairness, agents must accept the benefits of a cooperative scheme in order to acquire an obligation to contribute to that scheme’s operation. I contend that states can accept the benefits international law provides, and that only if they do so do states have a fair-play (...) duty to obey international law. In addition, I demonstrate that A. John Simmons’ criticisms of the attempt to use the principle of fairness to establish a duty to obey domestic law – both with respect to understanding the legal order as a cooperative scheme, and to agents’ acceptance of benefits – do not apply in the international context. (shrink)