scholarly journals Cosmopolitism, Global Justice, and International Law

2005 ◽  
Vol 18 (4) ◽  
pp. 679-684
Author(s):  
ROLAND PIERIK ◽  
WOUTER WERNER
Keyword(s):  
Political Philosophy ◽  
International Law ◽  
Global Justice ◽  
Environmental Law ◽  
Moral Foundations ◽  
Global Poverty ◽  
Special Issue ◽  
Global Inequality ◽  
Sovereign Equality ◽  
Central Elements

Along with the exploding attention to globalization, issues of global justice have become central elements in political philosophy. After decades in which debates were dominated by a state-centric paradigm, current debates in political philosophy also address issues of global inequality, global poverty, and the moral foundations of international law. As recent events have demonstrated, these issues also play an important role in the practice of international law. In fields such as peace and security, economic integration, environmental law, and human rights, international lawyers are constantly confronted with questions of global justice and international legitimacy. This special issue contains four papers which address an important element of this emerging debate on cosmopolitan global justice, with much relevance for international law: the principle of sovereign equality, global economic inequality, and environmental law.

Forms of Injustice and Regression

2020 ◽  
Vol 2019 (4) ◽  
pp. 314-328
Author(s):  
Regina Kreide
Keyword(s):  
Political Philosophy ◽  
Critical Theory ◽  
Social Science ◽  
Global Justice ◽  
Normative Theory ◽  
Global Poverty ◽  
Border Politics ◽  
Communicative Power

AbstractOver the last years, the debate over global justice has moved beyond the divide between statist and cosmopolitan, as well as ideal and non-ideal approaches. Rather, a turn to empirical realities has taken place, claiming that normative political philosophy and theory need to address empirical facts about global poverty and wealth. The talk argues that some aspects of the earlier “Critical Theory” and its notions of negativity, praxis, and communicative power allow for a non-empiristic link between normative theory and a well-informed social science analysis that is based on experienced injustice. The analysis of border politics and housing politics will serve as an example for a critical theory of global injustice that addresses regressive as well as emancipative developments in society.

Equity

2008 ◽  
Author(s):  
Shelton Dinah
Keyword(s):  
International Law ◽  
Environmental Law ◽  
Environmental Agreements ◽  
International Environmental Law ◽  
Multilateral Environmental Agreements ◽  
Generational Equity ◽  
Perceptions Of Fairness ◽  
Sovereign Equality ◽  
Potential Impact

If perceptions of fairness or equity affect the level of participation and positive action among heterogeneous states, then they are likely to factor in the long-term success of an environmental regime or agreement. This article assesses the potential impact of equity on international environmental law. First, it examines the various meanings attributed to the term ‘equity’ in international law in general, and in international environmental law in particular; the roles equity has played in multilateral environmental agreements; and how different equitable principles are, or may be, implemented in practice. The article then discusses intra-generational equity and inter-generational equity, sovereign equality and equity, distributive justice in international law, principles for determining equitable allocation, and different ways of implementing principles of equity (substantive rules of equity, procedural rules).

Introductory Remarks by Steven Ratner

2020 ◽  
Vol 114 ◽  
pp. 277-288
Author(s):  
Steven Ratner ◽  
James Stewart ◽  
Jiewuh Song ◽  
Carmen Pavel ◽  
David Luban
Keyword(s):  
Political Philosophy ◽  
International Law ◽  
Global Justice ◽  
World Order ◽  
Just World ◽  
Legal Rules ◽  
Moral Content ◽  
Theories Of Justice ◽  
Interpretive Methods

International law (IL) and political philosophy represent two rich disciplines for exploring issues of global justice. At their core, each seeks to build a better world based on some universally agreed norms, rules, and practices, backed by effective institutions. International lawyers, even the most positivist of them, have some underlying assumptions about a just world order that predisposes their interpretive methods; legal scholars have incorporated concepts of justice in their work even as their overall pragmatic orientation has limited the nature of their inquiries. Many philosophers, for their part, have engaged with IL to some extent—at a minimum recognizing that legal rules may need to be the vehicles for their own theories of justice, or going a step further to appraise them for their underlying moral content.

Critical Approaches

2008 ◽  
Author(s):  
Karin Mickelson
Keyword(s):  
International Law ◽  
Global Justice ◽  
Environmental Law ◽  
International Environmental Law ◽  
Global Justice Movement ◽  
Post Colonial ◽  
Colonial Theory ◽  
Critical Approaches ◽  
Development And Environment ◽  
Development Perspective

This article explores some of the critical approaches relevant to international environmental law, and considers how they have been deployed to analyse and critique the underlying assumptions of international environmental law and policy. It looks at feminist approaches, post-colonial approaches, critiques of development, the anti-globalisation/global justice movement, and the environmental justice movement. The article provides a brief overview of the relevant scholarly literature and describes the ways in which activism has built on (or developed) these insights. In particular, it discusses feminist theory, feminist engagement with development and environment, feminist engagement with international law, post-colonial theory and international law, approaches from civil society, the concept of ecological debt, development and post-development, a post-development perspective on sustainable development, and globalisation and anti-globalisation.

The International Rule of Law

2019 ◽  
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
Global Justice ◽  
Structural Changes ◽  
Environmental Law ◽  
World Order ◽  
Legal Norms ◽  
The Impact ◽  
International Rule

The authors examine the role of international law in a changing global order. Can we, under the current significantly changing conditions, still observe an increasing juridification of international relations based on a universal understanding of values, or are we, to the contrary, rather facing a tendency towards an informalization or a reformalization of international law, or even an erosion of international legal norms? Would it be appropriate to revisit classical elements of international law in order to react to structural changes, which may give rise to a more polycentric or non-polar world order? Or are we simply observing a slump in the development towards an international rule of law based on a universal understanding of values? In eleven chapters and eleven comments, distinguished scholars reflect on how to approach these questions from historical, system-oriented and actor-centered perspectives. The contributions engage with the rise of European international law since the 17th century, the decay of the international rule of law, compliance as an indicator for the state of international law, international law and informal law-making in times of populism, the rule of environmental law and complex problems, human rights in Europe in a hostile environment, the influence of the BRICS states on international law, the impact of non-state actors on international law, international law’s contribution to global justice, the contestation of value-based norms and the international rule of law in light of legitimacy claims.

Global Justice in Lutheran Political Theology

2016 ◽  
Vol 3 (1) ◽  
pp. 45-58
Author(s):  
Carl-Henric Grenholm
Keyword(s):  
Political Philosophy ◽  
Global Justice ◽  
Political Theology ◽  
Critical Examination ◽  
Equal Distribution ◽  
Theory Of Justice ◽  
Sharp Distinction ◽  
Main Thesis ◽  
Theories Of Justice ◽  
Influential Theory

The purpose of this article is to examine the contributions that might be given by Lutheran political theology to the discourse on global justice. The article offers a critical examination of three different theories of global justice within political philosophy. Contractarian theories are criticized, and a thesis is that it is plausible to argue that justice can be understood as liberation from oppression. From this perspective the article gives an analysis of an influential theory of justice within Lutheran ethics. According to this theory justice is not an equal distribution but an arrangement where the subordinate respect the authority of those in power. This theory is related to a sharp distinction between law and gospel. The main thesis of the article is that Lutheran political theology should take a different approach if it aims to give a constructive contribution to theories of justice. This means that Lutheran ethics should not be based on Creation and reason alone – it should also be based on Christology and Eschatology.

From Crusades to Colonization: Violence in Secular and Religious Political Theory

2019 ◽  
Vol 1 ◽  
pp. 1-21
Author(s):  
Xavier Scott
Keyword(s):  
Political Philosophy ◽  
Modern Philosophy ◽  
Early Modern ◽  
International Law ◽  
Political Theory ◽  
John Rawls ◽  
State Power ◽  
Charles Taylor ◽  
Medieval Period ◽  
Beliefs And Values

This paper examines the transition in political philosophy between the medieval and early-modern periods by focusing on the emergence of sovereignty doctrine. Scholars such as Charles Taylor and John Rawls have focused on the ability of modern-states to overcome conflicts between different religious confessionals. In contrast, this paper seeks to examine some of the peace-promoting features of Latin-Christendom and some of the conflict-promoting features of modern-secular states. The Christian universalism of the medieval period is contrasted with the colonial ventures promoted by the Peace of Westphalia. This paper’s goal is not to argue that secularism is in fact more violent than religion. Rather, it seeks to demonstrate the major role that religion played in early modern philosophy and the development of sovereignty doctrine. It argues against the view that the modern, secular state is capable of neutrality vis-à-vis religion, and also combats the view that the secular nature of modern international law means that it is neutral to the different beliefs and values of the world’s peoples. These observations emphasize the ways in which state power and legitimacy are at the heart of the secular turn in political philosophy. 

scholarly journals Role of the South in the Development of International Environmental Law

2017 ◽  
Vol 1 (2) ◽  
pp. 133-157
Author(s):  
Parvez Hassan
Keyword(s):  
Developing Countries ◽  
International Law ◽  
Environmental Law ◽  
International Environmental Law ◽  
Colonial Era ◽  
International Protection ◽  
Post Colonial ◽  
Protection Of Human Rights ◽  
Independent States ◽  
Law Texts

Abstract In the post-colonial era, the newly emerging and independent states of Asia and Africa, supported by the developing world in South America, questioned the validity and legitimacy of norms of international law. Those norms were perceived to serve only the interests of the developed Western nations and were alien to the aspirations of the developing countries. International law has evolved over time, with a willingness to accept the viewpoint of new participants in the global process in a variety of contexts. These include the international protection of human rights and international law regarding the permanent sovereignty of nations over their natural wealth and resources. The interests of developing countries have been assimilated, though the extent to which this is done varies. A central message advanced is that the ultimate integrity of international law is the commonality and synthesis of the interests of all states, rich and poor, agricultural and industrial. The continuing contribution of developing countries, through their participation in conferences, negotiation of treaties and soft law texts, adds immeasurable strength to the current state and future development of international environmental law.

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