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A new way of thinking about environmental problems has emerged since the 1980s. Environmental problems are increasingly seen as systematically entwined, with human action as their primary cause. We are in a new epoch in Earth’s history, the Anthropocene, and climate change is its most immediate and dramatic manifestation. The drivers of the Anthropocene can be seen through the lens of a simple equation: Environmental impact is the product of population, affluence, and technology. Nations and individuals vary greatly in their impacts, so questions of justice are unavoidable. Questions of justice extend across generations as well as among nations and individuals. Ultimately, we must ask what kind of world we want for ourselves and our children.
Merten Reglitz proposes a new human right that ensures internet access for those who cannot afford it and protects that right from arbitrary interferences by those who would exploit it for harm. The first part of the book justifies the claim for this new right by showing how internet access is vital for the enjoyment of human rights around the globe. In the second part, Reglitz specifies the content of this right, assessing today’s standard threats to internet access. He recommends a minimum international standard of connectivity and explains how states have misused the internet. He documents how private companies already manipulate both internet access and content to maximise profit, and how lack of rights enforcement allows people to harm others online. The book establishes that a new human right to free internet access is essential to secure its role for the benefit and progress, not detriment, of humanity.
Merten Reglitz proposes a new human right that ensures Internet access for those who cannot afford it and protects that right from arbitrary interferences by those that would exploit it for harm. The first part of the book justifies the claim for this new right by showing how Internet access is vital for the enjoyment of human rights around the globe. In the second part, Reglitz specifies the content of this right, assessing today's standard threats to Internet access. He recommends a minimum international standard of connectivity and explains how states have misused the Internet. He documents how private companies already manipulate both internet access and content to maximise profit, and how lack of rights enforcement allows people to harm others online. The book establishes that a new human right to free internet access is essential to secure its role for the benefit and progress, not detriment, of humanity.
Humanity is currently in the grip of deep institutional denial concerning the adequacy of its institutions for dealing with serious intergenerational challenges, such as global climate change. In response, we should call for a global constitutional convention focused on developing new institutions to protect future generations and further their interests. This chapter presents ten initial guidelines for how to construct such a global constitutional convention. Although each follows as a fairly modest and natural inference (a ‘baby step’) from the purposes of the convention itself, the implications stand in sharp contrast to the status quo and to most conventional discussions of reform. The guidelines are, thus, both modest and radical. As a result, the global constitutional convention is, perhaps, just the kind of realistic utopia that we need.
Interdependence-generating goods will not arise unless actors view arrangements as right or correct. This perception gives rise to a preoccupation in communities with what is just. It necessitates the development of a theory of justice that coordinates with the theory of community developed above. Justice in relation to goods can be thought about in two forms: either as a matter of the good’s distribution ex ante or its correction ex post. Nevertheless, this two-fold structure is simplistic in that it fails to account for the fact that justice must promote an ideal of just relationships. The theory of justice developed in this chapter therefore posits that the interaction of distributive and corrective justice over time gives rise to transformative justice. The transformation in question relates both to the nature of the good and the attendant conception of a wrong. The chapter details how transformative justice is an outcome visible in both international and WTO law. At the same time, the chapter suggests that WTO law’s transformative justice is not perfectly just, a deficiency that gives rise to a continuing impetus at reform.
Property has a ubiquitous presence in international practice, but its implications for theorizing world order are not adequately explored. I remedy this by showing how property constitutes the core concepts of anarchy and sovereignty in international relations (IR) as overlapping spaces of right-based governance. I develop my account of a property-based world order in relation to the work of John Locke. Locke is generally overlooked as a core IR thinker, with the unfortunate consequence that anarchy and sovereignty are conceptualized as polar opposites under the enduring shadow of Hobbes. Even prominent critics of Hobbesian anarchy rely on Hobbesian notions of sovereignty, resulting in minimalist conceptions of international society and international ethics. To counter these Hobbesian legacies, I turn to Locke's limited, plural, and fluid accounts of anarchy and sovereignty and show how they are grounded in a normative notion of property that mutually constitutes them. This provides an alternative to the Hobbesian absolutist conceptions of anarchy and sovereignty that many IR theorists still operate with. The result is a distinctly normative vision for IR that condemns the twin evils of conquest and tyranny.
The recent fortieth anniversary of the United Nations Convention on the Law of the Sea (UNCLOS) has sparked a good deal of reflection and retrospection. Looking back, it is clear that the Convention’s architects carefully navigated, and selectively absorbed, a number of competing visions of oceanic governance, from freedom to enclosure to visions of Global North–South equality. This made the Convention’s construction period a very drawn-out and painful one – longer than for any other international treaty in history – and while some hopes were realized, others were dashed. Forty years on, it is important not to let its current canonical status blind us to the fact that the Convention came close to being a failure, and that things could have gone differently at a number of critical junctures. Nor should it stop us asking whether UNCLOS is really fit for purpose today. In this article, I situate the Convention within wider developments in the global economy and the global environment, and consider the role it has played in promoting goals of global justice and environmental protection.
This chapter describes some of the main areas of interaction, overlap, or mutual concern between the disciplines of anthropology and philosophy, primarily as these are reflected in contemporary moral and political philosophy in the Anglophone tradition. The discussion is focussed on three broad themes, each falling under one of the main branches of moral and political philosophy as conventionally understood, namely ‘moral theory’, ‘applied ethics’, and ‘metaethics’. Under the heading of ‘moral theory’, the focus of discussion is the relationship between ideas of the good, the right, and the virtuous. Under the heading of ‘applied ethics’, the focus is on ideas of equality, justice, and cosmopolitan ideals. Under the heading of ‘metaethics’, the focus is on debates about interpretation, difference, and relativism. In each case, an attempt is made to connect some of the most influential literature in recent moral and political philosophy with relevant work in social anthropology.
Foreign exile has often served as an important solution to high-stakes standoffs between opposition forces and beleaguered autocrats. I assess the moral status of autocratic exile, by focusing on the tension between exile's contribution to domestic peace and its threat to global deterrence against autocracy. I begin by contending that transitioning societies normally have the moral prerogative of accepting an exile arrangement for their autocrat, even though such an arrangement harms global deterrence against autocracy. I then suggest that, in the absence of clear evidence of majority opposition to an exile arrangement within the transitioning society, foreign countries who have been entangled in an autocrat's rule will normally have a decisive duty to facilitate his exile, despite exile's repercussions for global deterrence. I explain why such foreign entanglement, particularly on the part of affluent Western democracies, is inevitable in the case of kleptocrats. But I also show that the entanglement argument for exile extends even to murderous autocrats, whose crimes fall under the purview of the International Criminal Court. Countries entangled in a murderous autocrat's rule ought to prioritize their particular duties toward his victims over their general moral reasons to advance international criminal justice.
The recent proposal by the Independent Expert Panel of the Stop Ecocide initiative to include the crime of ecocide in the International Criminal Court's Rome Statute has raised expectations for preventing and remedying severe environmental harm through international prosecution. As alluring as this image is, we argue that ecocide prosecutions may be the most difficult, perhaps even impossible, in precisely the cases that the ICC would need to be concerned with; namely, the gravest global incidents of environmental harm, including those associated with planetary climate change. We explore a series of questions about the panel's formulation of ecocide that resonate with longer debates around criminalizing environmental harm but take on new dimensions amid the Anthropocene and after twenty years of ICC trials. Ecocide must contend with the hard lessons learned concerning the ICC's limitations in realizing justice in a fraught international political context and also with fundamental challenges to knowledge and legitimacy arising from the uncertainty and dynamic socioenvironmental context of the Anthropocene. The proposed amendment, if adopted, risks ineffective prosecutions or even perverse outcomes for the environment itself. This risk, however, may characterize any effort to prosecute ecocide internationally in the Anthropocene unless the terms of international criminal law are fundamentally rethought.
What does vaccine justice require at the domestic and global levels? In this essay, using the COVID-19 pandemic as a backdrop, we argue that deliberative-democratic participation is needed to answer this question. To be effective on the ground, abstract principles of vaccine justice need to be further specified through policy. Any vaccination strategy needs to find ways to prioritize conflicting moral claims to vaccine allocation, clarify the grounds on which low-risk people are being asked to vaccinate, and reach a balance between special duties toward countrymen and universal duties toward foreigners. Reasonable moral disagreement on these questions is bound to exist in any community. But such disagreement threatens to undermine vaccine justice insofar as the chosen vaccination strategy (and its proposed specification of vaccine justice) lacks public justification. Inclusive democratic deliberation about vaccine justice is a good mechanism for tackling such moral disagreement. By allowing residents and citizens to participate in the specification of abstract principles of vaccine justice, and their translation into policy, democratic deliberation can enhance the legitimacy of any vaccination strategy and boost compliance with it.
How should we understand the relationship between global justice and global democracy? One popular view is captured by the aphorism “No global justice without global democracy.” According to Dryzek and Tanasoca's reading of this aphorism, a particular form of deliberative global democracy is seen as the way to specify and justify what global justice is and requires in various contexts. Taking its point of departure in a criticism of this proposal, this essay analyzes how to best understand the relationship between global justice and global democracy. The aim is not to offer a first-order substantial account of this relationship, but to theorize the normative boundary conditions for such an account; that is, the conditions that any plausible theory should respect. These conditions take the form of what is here called a “three-layered view,” which is specified through three claims. It is argued, first, that global democracy is best seen as a partial normative ideal; second, that global democracy must be grounded in fundamental principles of justice; and third, that global democracy is an ideal through which applied principles of distributive justice are formulated and justified in light of reasonable disagreement about what justice requires.
Several decades of scholarship on international nongovernmental organizations (NGOs) have established their important role in leading cosmopolitan political projects framed around moral ideals of global justice. But contemporary legitimacy crises in international liberalism call for a reexamination of NGOs’ global justice activism, considering how they should navigate the real-world moral contestations and shifting power dynamics that can impede their pursuit of justice. Recent work by deliberative-democratic theorists has argued that NGOs can help resolve disputes about global justice norms by facilitating legitimate communicative exchanges among the diverse political voices of subjected global communities on the correct interpretation and implementation of global justice norms. In response, this essay argues for an expanded account of the political roles of NGOs in global justice activism, which reflects greater sensitivity to the multifaceted political dynamics through which power in real-world global politics is constituted and contested. It is shown that in some NGOs’ real-world operational contexts, structural power imbalances and social division or volatility can undercut the operation of the ideal deliberative processes prescribed by democratic theory—calling for further attention to work focused on mitigating power imbalances, building solidarity, and organizing power in parallel or as a precursor to deliberative-democratic processes.
This article first distinguishes three governance scenarios that have been enacted in the COVID-19 pandemic, including identification and control; herd immunity without policy adjustments; and periodic lockdowns and hasty opening. In suggesting how different governments’ strategies were taxonomized into these categories, the paper examines major socio-legal challenges, including variations in social structures and government responsibilities; differences in public health cultures and legal policy options available to governments; unequal distribution of health and social welfare benefits; and public concerns of government overreach in relation to privacy of the infected and the preservation of individual liberty and freedom. Finally, the paper offers critical recommendations in the interest of ensuring a robust social-legal framework for providing adequate medical care to the infected; improving public health for vulnerable groups; ensuring that less privileged countries have access to vaccines; and designing post-disaster reconstruction by seeking global health objectives, rather than state-centric national justice.
This is the first in-depth study of the first three ICC trials: an engaging, accessible text meant for specialists and students, for legal advocates and a wide range of professionals concerned with diverse cultures, human rights, and restorative justice. Now with an updated postscript for the paperback edition, it offers a balanced view on persistent tensions and controversies. Separate chapters analyze the working realities of central African armed conflicts, finding reasons for their surprising resistance to ICC legal formulas. The book dissects the Court's structural dynamics, which were designed to steer an elusive middle course between high moral ideals and hard political realities. Detailed chapters provide vivid accounts of courtroom encounters with four Congolese suspects. The mixed record of convictions, acquittals, dissents, and appeals, resulting from these trials, provides a map of distinct fault-lines within the ICC legal code, and suggests a rocky path ahead for the Court's next ventures.
To make the new rules needed for the new pandemic world, there must be international cooperation. Optimism is essential to creating cooperation. So too is trust. Trust is not possible without equity and inclusion. Inequality must be addressed if trade liberalization is to advance. Thus, the question of global justice must likewise be addressed. To attain justice, there must be inclusion. Particular emphasis must be given everywhere to the need for gender equity, inclusion of Indigenous peoples, and an end to all forms of racial discrimination. For all everywhere, there must be an emphasis on human flourishing through human development and sustainable freedom.
Discusses the links between human rights and selected treatments of justice in the scholarly literature. Discusses ideal vs. non-ideal theories of justice. Drawing on this literature, identifies three elements of the search for justice in international politics that are illuminated when we observe the dynamics of human rights work: (1) a justice of care extended to a global neighborhood; (2) a culture of argument incorporating law in appeals to political authority; and (3) social justice.
This chapter uses a single case study – the NGO response to calls for a new imternational economic order (NIEO) – to analyse the mechanics of the global justice movement in the 1970s and the future it created for non-governmental aid. This NIEO ‘imaginary’ had a long history, rooted in the ethical consumerism of the anti-slavery movement, nineteenth century consumer ‘buycotts’, and the rise of alternative trading organisations in the aftermath of the Second World War. But it was also the product of the very specific ideological environment from which the NGO sector emerged. As this chapter shows, the debate surrounding the NIEO produced a conflict between welfarists and economic liberals about the kind of world they wished to build. Along the way, however, it also revealed much about the moral foundations on which non-governmental aid was constructed: its hierarchical nature, its politics and its ideological base. The chapter ends with a reflection on the NGO sector that this commitment to fair trade made. Put simply, it rooted its success in a commitment to reform rather than revolution – and an approach that was fundamentally incompatible with the radicalisation of aid.
This chapter outlines the NGO sector’s transformation from a vector for traditional ideas of charity, welfare and disaster relief, to the more expansive ‘NGO movement’, equally concerned with matters of human rights, economic equality and global justice, that it became. The emergence of a new generation of aid workers in the late 1960s and early 1970s is at the heart of this narrative. What challenges, the chapter asks, did these individuals pose to how NGOs thought about aid? And how did the sector adapt to these changes? To answer those questions, the chapter explores how left-wing critiques of aid, the influence of intellectuals like Paulo Freire, Ivan Illich and Argentinian economist Raúl Prebisch, and a new emphasis on poverty and inequality in transnational religious circles, converged in a common discourse that placed ‘justice’ (broadly defined). The emphasis on reform in those discussions was key. Ultimately, this story is one of compromise, of how ideas of advocacy and reform were absorbed and rearticulated by the NGO sector.
This chapter examines the lessons of the NGO moment for how we write the history of globalisation. It suggests that we need to think more deeply about the boundaries of the ‘global’, and of where and how ‘global’ narratives are constructed. By looking beyond states and international organisations to NGOs, churches and civil society groups – and, indeed, to the Third World and the experiences of small and middling powers in the West – we can render visible the world system on which ideals such as humanitarianism, human rights, justice and development rested. That process, like the story of post-war globalisation, has three layers. First, the NGO moment helps to illuminate the places (physical, intellectual, and ideological) where globalising ideals were made. Second, it allows us to explore the patterns that underpinned those relationships: the connections between individuals, groups and institutions through which global compassion was constituted. Finally, by tracing how and where NGOs operated, this chapter argues, we gain a much fuller appreciation of how power was distributed in purportedly ‘global’ movements. Taken together, these elements allow us to paint a more nuanced picture of how outwardly ‘global’ ideas were understood, assimilated, rebuffe, and reframed in a variety of social and political contexts.