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.

REVIEW ESSAY

2009 ◽  
Vol 22 (4) ◽  
pp. 857-865
Author(s):  
THOMAS SKOUTERIS
Keyword(s):  
International Law ◽  
Review Essay ◽  
The State ◽  
Legal Order ◽  
Social Progress ◽  
Global Level ◽  
New Era ◽  
Essential Quality ◽  
International Legal Order

Progress in International Law, edited by Russ Miller and Rebecca Bratspies, is one of the most notable compiled volumes in the field of general international law for 2008. It merits the reader's attention for several reasons. First, it deals with a central mantra of internationalism, namely the Kantian idea that international law can be a catalyst for social progress on a global level. While progress is regularly used in international law writings as a slogan to accentuate diverse claims of renewalism, it is a notion that has received as such little attention in scholarship. In this sense, the book at hand responds to an important gap in the literature. Second, the editors have clearly devoted a lot of attention in the planning and production of the book to ensuring that the essays are meaningfully juxtaposed, complementary, and in dialogue with one another. Although this is an essential quality for any compiled volume, it is easier said than done, and this book has done reasonably well. The final product boasts some forty contributors and more than 900 pages of text, packed together in an attractive (but steeply priced) hardback edition by Martinus Nijhoff (Brill). Third, the book aspires to ‘survey the state of the contemporary legal order’ (p. 11). This is a broad and unusually ambitious scholarly project aimed at ‘cataloguing this generation's tangled international legal order’ and hoping ‘to map the current tendencies, theories, doctrine, and trends’ (p. 11). This last promise alone would have been sufficient to trigger anyone's interest in the book at the beginning of (what is perceived to be) a new era of internationalism.

Procedural Rules for the Implementation of the OECD Guidelines for Multinational Enterprises — a Public International Law Perspective

2012 ◽  
Vol 13 (1) ◽  
pp. 51-85 ◽  
Author(s):  
Christian Schliemann
Keyword(s):  
International Law ◽  
Global Governance ◽  
Multinational Enterprises ◽  
Political Authority ◽  
Global Level ◽  
Public International Law ◽  
International Norm ◽  
Corporate Behavior ◽  
Transnational Actors ◽  
Scholarly Attention

Since the 1990s it is possible to witness, in the multiplication of inter- and transnational actors, an increasing diversity in international norm-making processes as well as a growing variation in enforcing these norms, generically labeled under the term “global governance.” The actions of these private, hybrid or intergovernmental actors on the global level are increasingly seen as equivalent to the exercise of political authority formerly reserved for the state. As in the domestic context, the exercise of such authority raises questions about the procedural guarantees that anyone affected by this action should enjoy. The Organization for Economic Cooperation and Development (OECD) has evaded intensive scholarly attention from the global governance perspective thus far, although by now it is evident that it strongly contributes to this phenomenon through its various activities. The OECD Guidelines for Multinational Enterprises (Guidelines) are but one area in which the OECD is said to assume global governance functions by strongly influencing corporate behavior.

scholarly journals Towards International Legitimization of the Responsibility to Protect’s Third Pillar

2019 ◽  
Vol 8 (3) ◽  
pp. 50
Author(s):  
Arsalan H. AlMizory
Keyword(s):  
International Law ◽  
Security Council ◽  
Responsibility To Protect ◽  
Sovereign State ◽  
New Era ◽  
The Past ◽  
Un Security Council ◽  
Mass Atrocity ◽  
Atrocity Crimes

Over the past few years, the question whether international law permits the use of force not in response to existing violence but to avert and prevent mass atrocity crimes occurring within the boundaries of a sovereign State has taken on added significant in the aftermath of the humanitarian tragedies of the 1990s. Responsibility to Protect (R2P) is a complicated and emerging norm of international law, which represents the start of a new era for the United Nations (UN), seeks to provide a means for the Security Council to take enforcement measures under Chapter VII to prevent mass atrocity crimes. The research discusses that when the Security Council is deadlock and peaceful measures have been exhausted, it is important to have a legal basis of using limited armed force as a last resort in the name of humanitarian intervention, to avert overwhelmingly atrocity crimes that a government has shown it is unwilling or unable to prevent. The research analyzes the case of Syria as a case study, which demonstrates that the presence of certain conditions enables the UN Security Council to implement R2P norm to save civilian populations from mass human rights violations.

Sovereignty

2019 ◽  
pp. 103-132
Author(s):  
Gina Heathcote
Keyword(s):  
International Law ◽  
Global Governance ◽  
Responsibility To Protect ◽  
State Sovereignty ◽  
Legal Knowledge ◽  
Relational Understanding ◽  
Legal Subjectivity ◽  
Regional State ◽  
Legal Subjects ◽  
State Relations

Chapter 4 analyses the gendering of state sovereignty, via a focus on legal subjectivity articulated without assertion of traditional male models of personhood. Building on intersectionality and the articulation of plural subjectivities in the previous chapters, chapter 4 contemplates a model of split subjectivity as a useful redescription of how state sovereignty functions within global governance. The chapter considers the importance of gendered experiences and histories of law as informing legal knowledge while rejecting a feminist message centred on woman as subject. The chapter develops the split subject as a relational understanding of legal subjects that incorporates the temporal and territorial implications of inter-, cross-, and regional-state relations and analyses the responsibility to protect and secession via the split subject. The split subject is intended to engage international law at its foundations and to displace the masculine subjects implied in mainstream conceptions of state sovereignty.

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.

International Law

2020 ◽  
pp. 361-392
Author(s):  
Steven R. Ratner
Keyword(s):  
International Law ◽  
Global Justice ◽  
International Level ◽  
Philosophical Work ◽  
Legal Scholarship ◽  
Legal Rules ◽  
Moral Arguments ◽  
Key Participants

International law is central to both the discourse and practice of global justice. It offers a critical institutional site for transforming theories about global justice into binding rules with institutional enforcement; many of its rules have strong claims to morality; and it can offer insights into the nature of just arrangements at the international level. This chapter first introduces the key participants and fundamental norms of international law that respond to the various claims of those participants. Second, it elaborates on the range of engagement by international legal scholarship with questions of global justice. Legal scholars have incorporated concepts of justice in their work even as their overall pragmatic orientation has limited the nature of their inquiries. Third, the chapter synthesizes the different encounters of political and moral philosophical work on global justice with international law. While some philosophers have directly inquired into the morality of legal rules and others have relied on those rules as part of broader moral arguments, others exhibit skepticism about and distance from international law. Some of that distance stems from different missions of philosophy as compared to law, but some is based on an unjustified suspicion of legal rules. It concludes with some suggestions for future collaboration between philosophical and legal approaches to global justice.

scholarly journals International Law and the Legitimate Determination of Risk: Is Democratising Expertise the Answer?

2007 ◽  
Vol 38 (2) ◽  
pp. 363
Author(s):  
Jacqueline Peel
Keyword(s):  
Risk Assessment ◽  
Decision Making ◽  
International Law ◽  
Global Level ◽  
The World ◽  
World Standard ◽  
Public Perspectives ◽  
Risk Decision

As technological risks become a matter of increasing concern around the world, standard science-based approaches for risk assessment are coming under increasing pressure to be responsive not only to expert views, but also broader public perspectives on risks and concerns over possible uncertainties.  International fora in which national risk regulations are reviewed for their scientific adequacy, such as WTO dispute processes under the SPS Agreement, have become the focus for debates over whether such processes allow adequate scope for “democratic” risk concerns as well as scientific views.  This article assesses the scope for democratising expertise in international risk determination, using reforms suggested in the context of WTO SPS disputes as a case study. It contends that the institutional ramifications for international law of “democratising expertise” are far from clear, especially given the obstacles encountered in establishing democratic procedures for transparency and participation at the global level.  This is not a reason to abandon efforts for greater democratisation of supranational risk determination but points to the need for more nuanced approaches for balancing scientific and political concerns in risk decision-making in order to ensure outcomes which are broadly acceptable.

Fill the Gap between Law and Governance

2021 ◽  
Vol 9 (1) ◽  
pp. 60-71
Author(s):  
Dustin Kuan-Hsiung Wang
Keyword(s):  
Decision Making ◽  
Sustainable Development ◽  
International Law ◽  
Global Governance ◽  
Sustainable Development Goals ◽  
Scientific Information ◽  
The Sustainable Development ◽  
Development Goals ◽  
The Difference ◽  
Fishery Governance

Abstract The Sustainable Development Goals (SDGs) clearly address the difference as well as recognize the correlations among seventeen sustainable development dimensions. The SDGs also play an important role for the international community to pay attention to our future living. Taking oceans for instance, they are the biggest ecosystems on our planet, and their health are essential to our survival. In terms of conserving and sustainably using the oceans, seas and marine resource under SDG 14, several targets were agreed upon by the UN member States to help guide decision-making with regard to oceans, such as conserving marine and coastal areas in agreement with international and national laws and using the latest scientific information. This article mainly focuses on the matters of conserving and managing international fishery resources. It also addresses the issues between international law and global governance with perspectives on the implementation of SDG 14. This article concludes that in order to effectively implement international fishery laws and to reach the targets that SDGs have postulated, eliminating the commercial benefits might be the necessary consideration in filling the gap between international fishery law and fishery governance.

scholarly journals Anthropology and the AI-Turn in Global Governance

AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 294-298
Author(s):  
Maria Sapignoli
Keyword(s):  
Artificial Intelligence ◽  
International Law ◽  
European Commission ◽  
Global Governance ◽  
Policy Making ◽  
New Technologies ◽  
New Technology ◽  
Regional Institutions ◽  
Anthropological Theory ◽  
Artificial Intelligence Systems

Under the banner “AI (artificial intelligence) for good,” new technologies are becoming more and more central to the agendas of global and regional institutions, as technologies to be embraced and regulated at the same time. This is indicated by the 2018 UN Secretary General's Strategy on New Technology, and by the most recent European Commission proposal to regulate artificial intelligence systems. In this essay, I discuss how anthropology and its ethnographic method could contribute to our understanding of the AI-turn in global governance, by shedding greater light on the effects that the use of this technology has for society, the work of institutions, and the production and application of international law. I argue that engaging ethnographically with AI techniques and knowledge could also bring about a transformation in governance, policy-making, and anthropological theory.

To Wreck a State

2016 ◽  
Vol 19 (2) ◽  
pp. 208-235
Author(s):  
Amy Baker Benjamin
Keyword(s):  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
First Century ◽  
Responsibility To Protect ◽  
International Level ◽  
Legal Justification ◽  
Legal Consequences

The Responsibility to Protect Doctrine (R2P), a modernized version of the doctrine of Humanitarian Intervention, seemed to gain growing acceptance amongst scholars and statesmen during the first decade of the twenty-first century. When Libyan dictator Muammar Gaddafi faced an insurgency against his rule in 2011, R2P was deployed as the legal justification for the United Nations’ intervention in Libya via NATO, which resulted in the elimination of the Gaddafi regime. However, in the five years since the intervention, Libya has devolved into a broken and failed state. Its social and economic demise raises the question: Should there be consequences in international law for “wrecking” a state, provided the wrecking is accomplished through the pretextual and fraudulent use of humanitarian concerns? This Article answers this question in the affirmative, and proposes the recognition of a new crime in international law, “aggression-by-pretense,” to be prosecuted at the international level in the International Criminal Court. It explores the key theoretical and practical dimensions of this new crime, moving us past the long and somewhat tired debate over the wisdom of R2P and toward an exploration of the concrete legal consequences that should ensue for the world’s statesmen in the event R2P is abused.

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