Poverty as a Crime against Humanity: International Poverty Law, Human Rights, and Global Justice, from Below

Keyword(s):  
2017 ◽  
Vol 23 ◽  
pp. 41-54
Author(s):  
Łukasz Mirocha

Global justice and the problem of immigrationModern legal philosophy provides us with two main types of global justice theories. Distributive or egali­tarian theories claim that justice requires striving to achieve the global equality from us not only in legal but also economic dimension. On the other hand, there are many theories focusing on providing and keeping only „minimal standard” i.e. human rights and questioning the global equality as an ideal. In the article I investigate which type of theories describes contemporary international relations in the most accurate way claiming that „minimal standard” theory does it and I also wonder which type is more legitimate. In my opinion, considerations devoted to the question of global justice give us a well-established background for further studies on immigration policy, especially in the context of recent EU frontiers incidents.


Author(s):  
Kjersti Lohne

A sociology of punishment for international criminal justice enables attention to the norms, morals, and values at play in the motivational dynamics of penal reforms. At the same time, these cultural forces must be analysed against the background of social organization and structure, indeed, as to what enables people to think and feel in certain ways and to promote policies in accordance with their sensibilities. As such, this chapter explores international criminal justice as a field replete with cosmopolitan sensibilities, but also of lifestyles, qualifications, and restraints. Finding that international criminal justice is perceived as a cosmopolitan expression of social justice, the first part conceptualizes human rights NGOs working in international criminal justice as global moral entrepreneurs and shows how they use humanist discourses to promote global justice-making through law, turning them into advocates of international criminal justice. Balancing claims to authority in the field, the NGOs have to navigate between being ‘insiders’ as experts and ‘outsiders’ that can claim moral authority. The analysis draws on scholarship inspired by Bourdieu and is put to work on transnational fields, enabling attention to what is often downplayed in studies of international law, namely class. As such, the chapter inquires into whose imaginations of global justice become part of its materiality, finding that advocates of humanity predominantly belong to a class of transnational western professionals.


Author(s):  
Pablo Gilabert

To be justifiable, the demands of a conception of human rights and global justice must be such that (a) they focus on the protection of extremely important human interests and (b) their fulfillment is feasible. This chapter provides a discussion of (b), the Feasibility Condition. It presents, first, a general account of the relation between moral desirability, feasibility and obligation within a conception of justice. Next, it provides an analysis of the notion of feasibility. This idea is in fact quite complex, including different types, domains, and degrees. The chapter concludes by identifying several ways in which we can respond to alleged circumstances of infeasibility regarding the fulfillment of basic socioeconomic human rights against severe poverty.


2020 ◽  
pp. 210-216
Author(s):  
Lea Raible

The conclusion revisits the central tenets and strands of the argument: how to understand interpretation, why jurisdiction is necessary, and how to account for it in international human rights law, how to relate it to territory, and how to apply jurisdiction as political power to a wide range of cases. It futher connects the theory of extraterritoriality developed in the previous chapters to wider considerations and takes stock of which questions have been answered and which questions remain. Finally, we consider why a narrow view of human rights might be our best option if we want to advance claims of global justice.


Invoking famous words by Martin Luther King Jr.–‘the arc of the moral universe is long, but it bends toward justice’–this volume analyses developments respecting global justice in the decades since the end of World War II. Presented are dozens of essays by eminent scholars, each contributed in recognition of the collection’s honouree, Professor William A. Schabas. Schabas’s work has spanned many topics in international law and has placed him in multiple roles in international courts and organizations. Accordingly, this volume discusses institutions including the United Nations, the European Court of Human Rights, and the International Criminal Court, and instruments including the Universal Declaration of Human Rights, the Convention Against Torture, and the Canadian Charter of Human Rights and Freedoms. Fits and starts in global justice are examined with regard to many phenomena: peace and war, international crimes, culture, death penalty, environmental degradation, and not least, education and scholarship.


2019 ◽  
Vol 24 (4) ◽  
pp. 605-629
Author(s):  
Peter Sutch

AbstractThis article explores the practical approach to global justice advocated by the cosmopolitan political theorists Pogge, Beitz and Buchanan. Using a comparative exposition it outlines their reliance on international law and on human rights law in particular. The essay explores the neo-Kantian influence on the practical approach and offers an original critique of this trend in contemporary international political theory.


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