Justice and authority in the global order

2011 ◽  
Vol 37 (5) ◽  
pp. 2059-2072 ◽  
Author(s):  
TERRY NARDIN
Keyword(s):  
Global Governance ◽  
Global Justice ◽  
Legal Order ◽  
Not Given ◽  
Global Order ◽  
International Legal Order ◽  
Principles Of Justice

AbstractThe global justice debate has largely ignored law. But that debate presupposes a legal order within which principles of justice could be implemented. Paying attention to law alters our understanding of global justice by requiring us to distinguish principles that are properly prescribed and enforced within a legal order from those that are not. Given that theories of global governance depreciate law and that cosmopolitan and confederal theories are utopian, the most promising context for a realistic global justice discourse is one that is focused on strengthening, not transcending, the international legal order.

Transnational constitutional aspects of the European Court of Human Rights

2021 ◽  
Vol 10 (1) ◽  
pp. 151-174
Author(s):  
GEIR ULFSTEIN
Keyword(s):  
Human Rights ◽  
Direct Effect ◽  
Legal Pluralism ◽  
Legal Order ◽  
Not Given ◽  
National Courts ◽  
European Court ◽  
International Court ◽  
International Legal Order

AbstractThe European Court of Human Rights (ECtHR) is an international court operating in the international legal order. Its judgments are not given direct effect in national law. In this sense we have a system of legal pluralism between international and national law. But the ECtHR has constitutional effects in national law through the weight placed on the Court’s practice by national courts. Therefore, constitutional principles are applicable in the interaction between the ECtHR and national courts. This article discusses the transnational constitutional aspects of the Court, and how this should guide the roles of, respectively, the ECtHR and national courts.

scholarly journals The Trade Regime Complex and Megaregionals – An Exploration from the Perspective of International Domination

2017 ◽  
Vol 10 (1) ◽  
Author(s):  
Clara Brandi
Keyword(s):  
Global Governance ◽  
Global Justice ◽  
Democratic Deficit ◽  
Global Order ◽  
Transatlantic Trade ◽  
Regime Complex ◽  
Heated Debate ◽  
The Subject ◽  
Trade And Investment ◽  
Institutional Fragmentation

Megaregional trade negotiations have become the subject of heated debate, above all in the context of the Transatlantic Trade and Investment Partnership (TTIP) and the Trans-Pacific Partnership (TPP). In this article, I argue that the justice of the global order suffers from its institutional fragmentation into regime complexes. From a republican perspective, which aspires to non-domination as a guiding principles and idea of global justice, regime complexes raise specific and important challenges in that they open the door to specific forms of domination. I thereby challenge a more optimistic outlook in regime complexes, which paints a positive normative picture of regime complexes, arguing that they enable the enhancement of democracy beyond the state and, consequently, have the potential to reduce the democratic deficit in global governance. By drawing attention to how regime complexes reinforce domination-related injustice, this article contributes an original perspective on megaregionals and to exploring the implications of global justice as non-domination.

The Grounds of Justice

2012 ◽  
Author(s):  
Mathias Risse
Keyword(s):  
Political Philosophy ◽  
Distributive Justice ◽  
Global Justice ◽  
The State ◽  
Human Beings ◽  
Global Order ◽  
Systematic Theory ◽  
Comprehensive View ◽  
Principles Of Justice ◽  
Pluralist Approach

This book explores the question of what it is for a distribution to be just globally and proposes a new systematic theory of global justice that it calls pluralist internationalism. Up to now, philosophers have tended to respond to the problem of global justice in one of two ways: that principles of justice either apply only within states or else apply to all human beings. The book defends a view “between” these competing claims, one that improves on both, and introduces a pluralist approach to what it terms the grounds of justice—which offers a comprehensive view of obligations of distributive justice. It also considers two problems that globalization has raised for political philosophy: the problem of justifying the state to outsiders and the problem of justifying the global order to all.

scholarly journals Intellectual property and essential medicines in the COVID-19 pandemic

2021 ◽  
Author(s):  
Thana C De Campos-Rudinsky
Keyword(s):  
Intellectual Property ◽  
Common Good ◽  
Global Justice ◽  
Universal Access ◽  
Legal Order ◽  
Essential Medicines ◽  
Global Public Health ◽  
International Legal Order ◽  
Cooperation Strategy ◽  
The Ideal

Abstract Global justice theorists have widely discussed how the international intellectual property rights regime (i.e., the TRIPs regime of the World Trade Organization) makes it more difficult to achieve the goal of universal access to generic (and more affordable) vital COVID-19 treatments (including potential COVID-19 vaccines). This article argues that while patents can impose certain barriers to universal access to generic COVID-19 treatments, the TRIPs regime itself is an integral part of an equitable global solution to the pandemic. More specifically, it argues that article 31bis of the TRIPs, in allowing for a cooperation strategy predicated on complementary importing and exporting of vital COVID-19 generic treatments, is key for successful pandemic suppression. By providing a normative interpretative analysis of article 31bis in light of the ethical requirements of global justice, and by responding to possible objections to its core argument, this article substantiates the ideal of multilateral solidarity among nations. In times of crisis—not only a crisis of global public health, but also a crisis of multilateralism—this complementary cooperation strategy that article 31bis allows for shows a way forward in upholding the global common good that the international legal order seeks to safeguard.

scholarly journals Order at the margins: The legal construction of interface conflicts over time

2020 ◽  
Vol 9 (2) ◽  
pp. 343-363
Author(s):  
NICO KRISCH ◽  
FRANCESCO CORRADINI ◽  
LUCY LU REIMERS
Keyword(s):  
Human Rights ◽  
Case Studies ◽  
Rule Of Law ◽  
Social Processes ◽  
Legal Order ◽  
Economic Governance ◽  
Global Order ◽  
The Rule Of Law ◽  
International Legal Order ◽  
Over Time

AbstractLegal multiplicity in the global realm, and the interface conflicts that ensue from it, are widely thought to have a destabilising effect, blocking the path towards a more integrated and perhaps constitutionalised global order. While this diagnosis may appear plausible if interface conflicts are seen as snapshots and rivalrous institutions as the main actors, it is less convincing if we regard these conflicts as part of social processes of contestation that define the relations between different norms over time. It is also less plausible if actors with other orientations – norm irritation or navigation – are taken into view. This article works towards a more encompassing account, both temporally and as regards actor orientations. It uses two case studies of conflicts at the interface between economic governance and human rights to probe the plausibility of its conjectures. Both cases appear as instances of prolonged norm contestation which, despite continued irresolution of the underlying conflicts as a matter of law, have resulted in a significant reorientation and (partial) consolidation around new interpretations. This suggests that interface conflicts, rather than destabilising the rule of law, may also open a pathway for change in the otherwise rigid structure of the international legal order

Kelsen’s Foreign-Policy Realism

2021 ◽  
pp. 94-122
Author(s):  
Robert Schuett
Keyword(s):  
Global Governance ◽  
Legal Order ◽  
The Other ◽  
Democratic Peace ◽  
Global Level ◽  
World State ◽  
International Legal Order ◽  
Theory Of Law ◽  
Legal Mechanism ◽  
International Anarchy

What is the basis for the Schmittian claim that Kelsen’s theory of law, state, and international legal order is quintessentially idealistic? Why are we lured into believing that an ever more centralised legal mechanism at the global level is just another liberal international lawyer’s dream? Against the backdrop of Kelsen’s Freudian moment (first image), the chapter tests the jurist’s international relations thinking against Kenneth Waltz’s second and third images. It is shown that Kelsen is a hard-edged political realist who doesn’t believe in the democratic peace thesis; nor is he convinced that the fact of nationalism can be wished away when thinking about what might lead the way for global governance or a world state. The ‘other’ Kelsen is as realistic about the dynamics of international anarchy as about the dynamics of life, society, and politics in general: there’s no escaping the fact that, as long as there is no centralised force monopoly with teeth sitting on top of nations, there will be war.

scholarly journals Political Theology of International Law: Methodological Facets and Borders

2021 ◽  
Vol 20 (1) ◽  
pp. 50-71
Author(s):  
Viacheslav Kondurov
Keyword(s):  
International Law ◽  
Political Theology ◽  
Methodological Approach ◽  
Legal Order ◽  
Global Order ◽  
Spatial Concepts ◽  
End Of History ◽  
International Legal Order ◽  
Global Law ◽  
Homogeneous Environment

The article investigates the possibility of applying political theology as a specific methodological approach to international law. As the key theses of political theology were originally formulated by C. Schmitt in the context of national law acting in a homogeneous environment, political theology discourse in the modern philosophy of international law is mainly related to the universalist projects of global law based on an analogy with national law. The first of such strategies, the expansionist strategy, presupposes the construction of global order by the world hegemon. The second, the cosmopolitan strategy, assumes that international law can be built on the basis of an ongoing process of discussion of the global order foundations by the widest possible range of actors. Both of these strategies charm “eternal peace” and are nourished by a common messianic spirit and, therefore, are utopian. However, Schmitt’s international law legacy offers an atypical non-universalist and anti-messianic view on international law as a heterogeneous global legal order based on spatial concepts. Despite the fact that the application of political theology to this kind of order is difficult, it shall not be excluded for several reasons. The pluralistic structure of the heterogeneous order can be seen as a katechon that holds back the end of history. Finally, the political theology of international law can be applied to analyze the historical transformations of the international legal order.

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