The Intersection of Security and Justice in Global Governance

Author(s):  
William Durch ◽  
Joris Larik ◽  
Richard Ponzio

Security and justice are both essential elements in humanity’s quest not only to survive but to thrive with dignity; neither is sustainable alone. Security is merely the appearance of order in a framework of structural violence unless tempered or leavened by concepts of justice that include human rights, human dignity, and other normative limits on the use of power. The pursuit of justice, whether at the personal, community, national, or international level can be crippled if not matched, in turn, by means to sustain security at each level. This complementarity of security and justice—despite their inherent tensions—is the core conceptual framework of the book. Achieving “just security,” we argue, is essential to the success of any global governance enterprise or architecture.

Author(s):  
Jonas Tallberg ◽  
Karin Bäckstrand ◽  
Jan Aart Scholte

Legitimacy is central for the capacity of global governance institutions to address problems such as climate change, trade protectionism, and human rights abuses. However, despite legitimacy’s importance for global governance, its workings remain poorly understood. That is the core concern of this volume, which engages with the overarching question: whether, why, how, and with what consequences global governance institutions gain, sustain, and lose legitimacy. This introductory chapter explains the rationale of the book, introduces its conceptual framework, reviews existing literature, and presents the key themes of the volume. It emphasizes in particular the volume’s sociological approach to legitimacy in global governance, its comparative scope, and its comprehensive treatment of the topic. Moreover, a specific effort is made to explain how each chapter moves beyond existing research in exploring the book’s three themes: (1) sources of legitimacy, (2) processes of legitimation and delegitimation, and (3) consequences of legitimacy.


Author(s):  
Gisela Hirschmann

This chapter analyzes the conditions for pluralist accountability regarding public–private health partnerships in the areas of vaccination and vaccine development in India. While in many other fields global governance is still characterized by formal delegation relationships with international organizations as the mandating authorities, global health governance has become very fragmented and consists of primarily informal governance structures. This case study reveals the limitations of pluralist accountability in complex global governance: it demonstrates how the evolution of pluralist accountability was inhibited by both a politicized environment that does not incentivize the exercise of accountability and a moral dilemma situation in which actors adopted a strong counter-norm to render themselves invulnerable against human rights demands. The core question concerning what implementing actors should be held accountable for remains disputed, which thus makes a pluralist accountability relationship impossible.


Author(s):  
Luciano Braz Silva

ENSAIOS SOBRE A BIOPOLÍTICA E O DIREITO:DIGNIDADE HUMANA, ÉTICA, AÇÃO E RESPONSABILIDADE ESSAYS ABOUT BIOPOLITICS AND LAW:HUMAN DIGNITY, ETHICS, ACTION, AND ACCOUNTABILITY Luciano Braz Silva* RESUMO: As reivindicações e a imposição dos direitos humanos se deram mediante um processo longo e continuo de lutas violentas e as vezes revolucionárias em prol de um reconhecimento digno. À luz dos desafios históricos já enfrentados, ainda sim, a sociedade contemporânea convive com situações que reclamam novas atualizações concernentes as dimensões dos direitos fundamentais que têm por essência a dignidade humana. O presente artigo voltará suas atenções ao problema central que abarca as possibilidades de reprodução social instaladas no mundo da vida, buscando perquirir a legitimidade do direito à vista da proposta estabelecida pelo ideário do Estado Democrático de Direito. PALAVRAS-CHAVE: Biopolítica. Direito. Dignidade humana. Ética. ABSTRACT: The claims and the imposition of human rights happened through a long and continuous process of violent and, sometimes, revolutionary struggles for a worthy recognition. In light of the historical challenges faced already, still, contemporary society coexists with situations that require new updates concerning the dimensions of fundamental rights which have as essence the human dignity. This article shall turn its attention to the core problem that embraces the possibilities of social reproduction installed in the lifeworld, seeking to assert the legitimacy of the Law in light of the proposal established by the Constitutional Democracy’s ideals. KEYWORDS: Biopolitics. Law. Human dignity. Ethics.* Professor de Direito Constitucional na Universidade do Oeste Paulista (UNOESTE). Advogado. Mestre em Filosofia do Direito pelo Centro Universitário Eurípides de Marília (UNIVEM), com Bolsa Capes. Graduado no Curso de Direito do UNIVEM. Graduado em Teologia pelo IBES.


2015 ◽  
Vol 3 (2) ◽  
pp. 227-241
Author(s):  
Mirko Pecaric

This paper explores recent notions in public administration, which are intertwined and addressed to the administration of public affairs. On this basis it demonstrates that content of legal system is filled through the static legal principles and rules, but they receive their real content through the informal practices and conditions of the human mind. The paper concludes that discussed notions could have only one name, because they all are the synonyms of reciprocal relation between the human dignity and efficient administration.


2019 ◽  
Vol 76 (3-4) ◽  
pp. 138-148
Author(s):  
Francesco Zammartino

Seventy Years after its proclamation, the Universal Declaration of Human Rights, despite not having a binding force for the states, still provides at international level the fundamental text from which the principles and the values for the preservation of liberty and right of people are taken. In this article, the author particularly underlines the importance of Declaration’s article 1, which states: “All human beings are born free and equal in dignity and rights”. With these words the Declaration presses states to undertake economic policies aimed at achieving economic and social progress for all individuals. Unfortunately, we also have to underline the lack of effective social policies in government programs of the E.U. Member States. The author inquires whether it is left to European judges to affirm the importance of social welfare.


2020 ◽  
Vol 25 (1) ◽  
pp. 13-36
Author(s):  
Wojciech Szczerba

This article aims to examine how the concept of Imago Dei can serve as a symbol for the broadly understood idea of religious inclusion and human dignity. The article explores the concept of Imago Dei primarily from a protological perspective, analyzing its usage in biblical writings, theological tradition and modern philosophy. The substantial, relational and functional—which three usages of the concept can be found in the inclusive theology of Gregory of Nyssa—are analyzed in this article. Arguably, in the context of religious inclusion, the relational angle of Imago Dei seems to be the most important. Similarly contemporary Protestant theologian, Jürgen Moltmann states in his book, God in the Creation, that the “relational” concept of Imago Dei underscores the fundamental dignity of every person. In his book, God for Secular Society, Moltmann states that properly understood human rights should include democratic relationships between people, cooperation between societies, concern for the environment in which people live, and responsibility for future generations. From these perspectives, the concept of Imago Dei can be utilized as a symbol indicating the dignity of every person and human community, but also a symbol against any types of racism, nationalism or xenophobia.


Author(s):  
Mary Robinson

Institutions matter for the advancement of human rights in global health. Given the dramatic development of human rights under international law and the parallel proliferation of global institutions for public health, there arises an imperative to understand the implementation of human rights through global health governance. This volume examines the evolving relationship between human rights, global governance, and public health, studying an expansive set of health challenges through a multi-sectoral array of global organizations. To analyze the structural determinants of rights-based governance, the organizations in this volume include those international bureaucracies that implement human rights in ways that influence public health in a globalizing world. Bringing together leading health and human rights scholars and practitioners from academia, non-governmental organizations, and the United Nations system, this volume explores: (1) the foundations of human rights as a normative framework for global health governance, (2) the mandate of the World Health Organization to pursue a human rights-based approach to health, (3) the role of inter-governmental organizations across a range of health-related human rights, (4) the influence of rights-based economic governance on public health, and (5) the focus on global health among institutions of human rights governance. Contributing chapters map the distinct human rights activities within a specific institution of global governance for health. Through the comparative institutional analysis in this volume, the contributing authors examine institutional efforts to operationalize human rights in organizational policies, programs, and practices and assess institutional factors that facilitate or inhibit human rights mainstreaming for global health advancement.


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