Ensuring Access to Information: International Law’s Contribution to Global Justice

2019 ◽  
pp. 344-363
Author(s):  
Eyal Benvenisti
Keyword(s):  
International Law ◽  
Global Justice ◽  
Public Deliberation ◽  
Skewed Distribution ◽  
The Political ◽  
Global Level ◽  
Charitable Contributions ◽  
Political Empowerment ◽  
Reallocation Of Resources

This chapter examines the role of international law in promoting indirectly global (and domestic) distributive justice. The focus on institutions and processes at the global level is grounded on the assumption that questions about the just allocation and reallocation of resources are ultimately resolved through processes of public deliberation (including through the involvement of courts). The author argues that the key to approaching a more just allocation of resources is by addressing the democratic deficits that underlie the skewed distribution (or the lack of redistribution) of assets and opportunities. He suggests that international law can play a role in the political empowerment of weak constituencies (within and between states). In doing so, international law can indirectly shape the distribution and redistribution of resources, in a manner that is more dignified and preferable to handing charitable contributions.

scholarly journals On the Role of the Political Theorist Regarding Global Injustice

1970 ◽  
Vol 6 ◽  
Author(s):  
Katrin Flikschuh ◽  
Rainer Forst ◽  
Darrel Moellendorf ◽  
Valentin Beck ◽  
Julian Culp
Keyword(s):  
Global Justice ◽  
The Political ◽  
Justice Theory ◽  
Political Theorist

Interview of Katrin Flikschuh, Rainer Forst and Darrel Moellendorf by Valentin Beck and Julian Culp for Global Justice: Theory Practice Rhetoric (TPR)

Global Justice, Global Governance, and International Law

2019 ◽  
pp. 364-370
Author(s):  
Maurice Kamto
Keyword(s):  
Decision Making ◽  
International Law ◽  
Global Governance ◽  
Policy Making ◽  
Global Justice ◽  
Responsibility To Protect ◽  
International Level ◽  
Global Level ◽  
New Era ◽  
Conflicting Interests

The chapter comments on Eyal Benvenisti’s discussion of international law’s contribution to global justice. It puts forward that global justice at the international level can only be the result of a permanent bargain and a compromise between the multiple and conflicting interests among states. It emphasizes that better governance at the global level involving the sharing of the policy-making and decision-making, accountability, the rule of law, and sanctions can help improve global justice. It concludes by suggesting that if international law could contribute to the advent of global justice in a move from ‘Responsibility to protect’ to ‘Responsibility to develop’, it would open a new era for its rise amongst nations and peoples.

Italian Legal Scholarship of International Law in the Early Decades of the Twentieth Century

2020 ◽  
pp. 127-167
Author(s):  
Giulio Bartolini
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
Legal Positivism ◽  
Pivotal Role ◽  
The Political ◽  
Legal Scholarship ◽  
Positive Law

In 1931 Lauterpacht described the Italian scholarship as characterized by a ‘rigid and frequently uncompromising positivist school in international law’. While his statement has some merits, this chapter seeks both to illustrate how this trend emerged from previous approaches and, conversely, to emphasize the multifaceted perspectives that were effectively present in those decades, thus partly circumscribing Lauterpacht’s assertion. Following a survey of the fluid approaches present at the beginning of the twentieth century, this chapter will introduce the pivotal role of Dionisio Anzilotti in favoring legal positivism, even if dissident voices were still present or subsequently emerged. After Anzilotti, other poles of attraction emerged, in particular through Santi Romano and other scholars, who, while still claiming to adhere to the lines of positive law, deprived this conception of several of its original theoretical attributes. Conversely, few attempts were made to elaborate doctrines aimed at reflecting the political ambitions of Fascism, which was unsuccessful in influencing the broad theoretical debate.

Part 1 The Cold War Era (1945–89), 13 The Intervention in Czechoslovakia—1968

2018 ◽  
Author(s):  
Hafner Gerhard
Keyword(s):  
Cold War ◽  
Soviet Union ◽  
International Law ◽  
Political System ◽  
The Political ◽  
Leading Role ◽  
The Soviet Union ◽  
Valid Consent ◽  
The Cold War

This contribution discusses the intervention of five member states of the Warsaw Pact Organization under the leading role of the Soviet Union in the CSSR in August 1968, which terminated the “Prague Spring” in a forceful manner. After presenting the facts of this intervention and its reasons, it describes the legal positions of the protagonists of this intervention as well as that of the states condemning it, as presented in particular in the Security Council. It then examines the legality of this intervention against general international law and the particular views of the Soviet doctrine existing at that time, defending some sort of socialist (regional) international law. This case stresses the requirement of valid consent for the presence of foreign troops in a country and denies the legality of any justification solely based on the necessity to maintain the political system within a state.

Ibn Khaldun (1332–1406): A Precursor of Intercivilizational Discourse

2015 ◽  
Vol 28 (3) ◽  
pp. 441-456
Author(s):  
YOLANDA GAMARRA
Keyword(s):  
International Law ◽  
Global Economy ◽  
Economic Viability ◽  
The Political ◽  
Economic Science ◽  
Ibn Khaldun ◽  
Nineteenth And Twentieth Centuries ◽  
Islamic Economic ◽  
Shed Light

AbstractThis article shows how the political, historical, sociological, and economic narrative of Ibn Khaldun influenced the conjunction of elements that were essential to the civilizing language promoted by European and American liberals in the nineteenth and twentieth centuries. The ‘standard of civilization’ has experienced a revival among critical legal scholars. These authors have reconstructed a historical process of ‘rise, fall, and rise’ of the ‘standard of civilization’, identifying its reappearance in an era of globalization and global governance with the current existence of a (neo-)colonial paradigm in international law and a (neo-)liberal global economy. This study is divided into three parts intended to examine in depth the precursory role of this Islamic thinker in the shaping of civilizing language. The first part examines Ibn Khaldun's life as a way of understanding his thinking on civilization. The second part explores the influence of Ibn Khaldun's work on the discourse surrounding the standard of civilization, by reintroducing the interpretation of Rafael Altamira (1866–1951). The third starts with Ibn Khaldun's writings on economic science and Joseph Spengler's (1902–1991) approach to his works. Several Islamic economic institutions and their influence on the state and concept of international society are examined. The revival of Ibn Khaldun's thinking is partly intended to fill an existing gap in the studies of medieval Islamic theorists. By examining his ideas about the socio-political and economic viability of a dynasty (or a civilization or a state), this article attempts to shed light on the intercultural origins of international law.

Global Justice Meets Local Civil Society: The International Criminal Court's Investigation in the Central African Republic

2008 ◽  
Vol 33 (4) ◽  
pp. 413-433 ◽  
Author(s):  
Marlies Glasius
Keyword(s):  
Civil Society ◽  
Global Justice ◽  
Central African Republic ◽  
International Criminal ◽  
Criminal Court ◽  
Civil Society Organizations ◽  
Global Level ◽  
Slow Pace

As a new justice institution, the International Criminal Court (ICC) needs to gain legitimacy not just with states but also in civil society, both at the global level and in the societies in which it intervenes. This article, based on interviews, NGO documents, newspaper articles, and participatory observation, looks at civil-society relations with the ICC in relation to its most recent and least publicized investigation—that in the Central African Republic (CAR). It charts the role of civil-society organizations, local and international, in the opening of the investigation, and it discusses the initial responses to the investigation of civil-society figures and victims in the CAR. It finds that unlike in any of the other situations, the ICC's involvement in the CAR has been largely instigated by local civil-society figures and that, as a result, it operates in a quite receptive context. However, the slow pace of investigations and trials, the meager outreach to date, and the court's probable lack of capacity to provide victims with physical and material security are long-term challenges for its ability to meet local expectations of justice.

scholarly journals A New Deal for OLMC’s?

2012 ◽  
pp. 248-258 ◽  
Author(s):  
Will Kymlicka
Keyword(s):  
International Law ◽  
New Deal ◽  
Language Minority ◽  
The Political ◽  
Official Language ◽  
Minority Communities ◽  
Political Autonomy ◽  
Collective Rights ◽  
Official Language Minority

While Canada is widely seen as a leader in accommodating different forms of diversity, the unique needs of official language minority communities (OLMCs) are not adequately recognized in the constitution, and often fall through the cracks of the “Canadian model”. Can we imagine a new deal for OLMCs, perhaps in the form of new legislation or even a new constitutional provision that would provide stronger recognition of their national status, their collective rights, and their political autonomy? While I share the political objectives of achieving greater recognition and autonomy, this paper identifies a number of potential pitfalls and dead-ends that need to be avoided in the pursuit of such a new deal. I focus in particular on a) the role of legal categories, b) the limits of international law, and c) the constraints on constitutional reform.

Would Elizabeth Cady Stanton Blog?

2011 ◽  
pp. 183-199
Author(s):  
Antoinette Pole
Keyword(s):  
Public Policy ◽  
The Political ◽  
Elected Officials ◽  
Charitable Contributions ◽  
Elizabeth Cady Stanton ◽  
Current Events ◽  
The Media ◽  
Role Of Women ◽  
Depth Interviews

This study examines the role of women political bloggers and how they use their blogs for purposes related to politics, public policy, and current events. Based on a combined purposive-snowball sample, in-depth interviews were conducted with 20 women political bloggers in October 2006. Findings show respondents blog about a range of topics, not necessarily unique to women. Generally, women use their blogs to inform their readers, check the media, engage in advocacy efforts, and solicit charitable contributions from their readers and more specifically, women ask their readers to vote and contact elected officials. Data show women deal with a range of challenges blogging most notably discrimination. Though a majority of women political bloggers reported they did not face discrimination, interviewees qualified their responses saying they witnessed discrimination and discriminatory attitudes, suggesting the political blogosphere is somewhat inhospitable to women.

Judges and the idea of ‘principle’ in constitutional adjudication

2017 ◽  
Author(s):  
Tom Hickey
Keyword(s):  
Deliberative Democracy ◽  
Judicial Review ◽  
Constitutional Law ◽  
Public Deliberation ◽  
The Political ◽  
Reasonable Disagreement ◽  
Judicial Supremacy ◽  
Constitutional Adjudication ◽  
Democracy Theory

Tom Hickey’s chapter seeks to reconcile the principles-oriented contribution that constitutional adjudication (or judicial review) can make to overall public deliberation with the fact of reasonable disagreement on rights. Part I assesses the school of ‘legal constitutionalism’ in the context of Irish constitutional law and experience. Part II introduces a distinctive way of understanding the role of principle in judicial review; one that works from a conception of deliberation that – in contrast to contemporary deliberative democracy theory – embraces disagreement and thus, it is argued, better accounts for the political and contestable nature of rights. The chapter then closes by combining the ideas in these parts to argue that the intuition shared by many to support outright judicial supremacy does not stand up to scrutiny, but that the primary cause of that intuition – the principled nature of judicial review – demands and justifies a more constrained form of judicial power.

Human Rights as Membership Rights in the Global Order

2012 ◽  
Author(s):  
Mathias Risse
Keyword(s):  
Human Rights ◽  
Global Justice ◽  
The Political ◽  
Global Level ◽  
Global Order ◽  
Moral Relevance

This chapter considers human rights as membership rights in the global order. Membership in the global order is a ground of justice because the political and economic arrangements in which we live generate demands of justice at the global level. Connecting this idea to human rights is to stress the moral relevance of global structures within which we can sensibly speak of membership rights. The chapter begins with a discussion of responsibility, emphasizing the idea that the addressee of human rights is the global order as such. It then explains what it means to hold rights within that order, rebutting the objection that there could be no plausible conception of human rights as membership rights in that order because there is no sense in which individuals hold such rights. The main reason for developing a conception of human rights in this chapter is to show what role human rights play in a theory of global justice.

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