World Government, International Law and The Ethics of Care

2015 ◽  
pp. 303-323
Author(s):  
Virginia Held
Keyword(s):  
International Law ◽  
Ethics Of Care ◽  
World Government

8. International Law

2021 ◽  
pp. 173-197
Author(s):  
Stephanie Lawson
Keyword(s):  
International Law ◽  
Historical Perspective ◽  
Criminal Court ◽  
International Court Of Justice ◽  
World Government ◽  
International Court ◽  
The Us ◽  
Postal Services ◽  
Sovereign Authority ◽  
National Governments

This chapter describes the broad challenges involved in establishing global order under conditions of anarchy through international law. The fact that there is no world government with powers akin to national governments means that maintaining cooperative relations between and among states is always a careful balancing act, given the problem of enforcing international law in the absence of a single, overarching sovereign authority. The chapter looks at law in the global sphere through the notion of rule of law. It then considers the emergence of international law in broad historical perspective. Moving on to international law in the twentieth century, and up to the present period, the chapter examines the nature of treaties, charters, and covenants which operate in multiple issue areas from postal services, trade, and aviation to communications, the environment, and human rights. It also focuses on two major international courts: the International Court of Justice (ICJ) and the International Criminal Court (ICC). Finally, the chapter reflects on how the principles and practices of a rules-based international order are faring in the contemporary period with a focus on Russia, China, and the US.

Implications for International Law and Global Governance

Free to Move ◽  
2020 ◽  
pp. 165-182
Author(s):  
Ilya Somin
Keyword(s):  
International Law ◽  
Global Governance ◽  
The Other ◽  
Refugee Status ◽  
World Government ◽  
Other Hand

This chapter explains the implications of the book’s arguments for international law and governance. Foot voting can be strengthened by expanding refugee status to cover a broader category of victims of oppression, increasing the range of people who can use foot voting to escape the tyranny of repressive regimes; they would qualify as “refugees” under international law and thus cannot be forcibly returned to their countries of origin. On the other hand, we should be wary of plans for world government and strong “global governance” as these could create a government that turns out be repressive, or even totalitarian, one from which there is no exit and thus no possibility of escape through foot voting.

Kant on International Law and Armed Conflict

1998 ◽  
Vol 11 (2) ◽  
pp. 329-381 ◽  
Author(s):  
Brian Orend
Keyword(s):  
Immanuel Kant ◽  
International Law ◽  
Law And Economics ◽  
Human Rights Protection ◽  
World Government ◽  
Moral Principles ◽  
The Face ◽  
German Philosopher ◽  
Kantian View ◽  
The Cold War

In recent years, there has been tremendous interest in the contributions of the great German philosopher Immanuel Kant to on-going debates about the appropriate nature of international justice and law. The end of the Cold War, for example, seemed to bring with it promises of greater international cooperation of the kind envisaged by Kant. Furthermore, those interested in the more explicitly moral aspects and potentialities of international law, such as those regarding human rights protection, have looked to Kant for comfort and inspiration in the face of strong pressures from doctrines dismissive of such aspects, such as law-and-economics and the statist strictures of realpolitik.There has, however, been widespread scholarly disagreement over Kant’s precise heritage in this regard: some, for instance, have found in Kant’s international writings a harbinger of world government while others have criticized Kant for faihng to specify any concrete powers for his fabled cosmopolitan federation; some have accused Kant of sacrificing his exalted moral principles on the dubious altar of state-centred expediency while others dismiss Kant as one of the most naively optimistic, and hopelessly moralistic, international thinkers ever; and, finally, some have accused Kant of glorifying the resort to warfare while others insist that Kant actually advocated “an extreme pacifism.” There is, in short, a ferocious and complex debate regarding which set of ideas can properly be called the “Kantian” view of these foremost issues of international law and what, if any, value can be attached to it.

scholarly journals Globoscepticism of classical liberals

2015 ◽  
Vol 67 (1) ◽  
pp. 45-63
Author(s):  
Zaklina Novicic
Keyword(s):  
International Law ◽  
Political Organization ◽  
World Government ◽  
World State ◽  
The Past ◽  
Classical Liberal ◽  
Liberal Attitude ◽  
Academic Influence ◽  
Eighteenth And Nineteenth Centuries ◽  
World Organization

In the past few years, after 50 years on academic margins the debate on a world government (or world state) is renewed. Traditionally it is followed by aversion toward world state, nowdays called globoscepticism. The paper focuses on classical liberal thinkers of eighteenth and nineteenth centuries and their views on a world state, that have been rooted in early federal peace proposals and analyses of modern political thinkers (Rousseau, Bentham, Cobden, Mill, Smith, Mill). The author points out on Kant?s ?federalism of free states?, to show it did not imply support for world state but improved international law. Also, it is confirmed that globoskepticism of the classical British liberals, or their distrust of a world organization, arises from general liberal distrust of a big state political organization. The classical liberal attitude has been abandoned by new liberal internationalists at the beginning of the twentieth century, but classical liberal doctrine continues to have both an academic influence and practical outcomes.

Surrogate international organization and the case of world food security, 1949–1969

1979 ◽  
Vol 33 (1) ◽  
pp. 35-55 ◽  
Author(s):  
Jon McLin
Keyword(s):  
International Relations ◽  
International Law ◽  
International Organization ◽  
Intergovernmental Organizations ◽  
World Food ◽  
State Behavior ◽  
Interstate Relations ◽  
World Government ◽  
John Ruggie ◽  
World Food Security

Much of the discussion and study in the field of international organization has long been beset by a sterile encounter between the “uncritical lovers” and the “unloving critics” of formal intergovernmental organizations, of which the UN family is the preeminent example. The former have seen in those institutions and their procedures precursors of a regime of international law, if not of a world government, characterized by greater rationality, order, and cooperation and by less conflict in interstate relations; they have often been mentally fixed on a dominant image of international order, an image whose flaws and other characteristics were well analyzed by John Ruggie several years ago. The latter have seen them largely as shadow plays, at best reflecting and at worst having nothing to do with the power relations among states, which are the real determinants of state behavior in an anarchic system. The split between the two corresponds roughly, if not identically, to another fundamental divide among theorists of international relations, namely, that between idealists and realists.

scholarly journals Compensatory Constitutionalism: The Function and Potential of Fundamental International Norms and Structures

2006 ◽  
Vol 19 (3) ◽  
pp. 579-610 ◽  
Author(s):  
ANNE PETERS
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Sole Source ◽  
Legal Order ◽  
World Government ◽  
Global Constitutionalism ◽  
International Legal Order ◽  
International Constitutionalism ◽  
The Many ◽  
Domestic Level

The article conceives international (or global) constitutionalism as a legal argument which recommends and strengthens efforts (legal and political) to compensate for ongoing de-constitutionalization on the domestic level. Although the notions ‘international constitution’ and ‘international constitutionalism’ have in recent years served as buzzwords in various discourses, the many meanings of those concepts have not yet been fully explored and disentangled. This paper suggests a specific understanding of those concepts. It highlights various aspects and elements of micro- and macro-constitutionalization in international law, and identifies anti-constitutionalist trends. On this basis, the paper finds that, although no international constitution in a formal sense exists, fundamental norms in the international legal order do fulfil constitutional functions. Because those norms can reasonably be qualified as having a constitutional quality, they may not be summarily discarded in the event of a conflict with domestic constitutional law. Because the relevant norms form a transnational constitutional network, and cannot be aligned in an abstract hierarchy, conflict resolution requires a balancing of interests in concrete cases. Finally, because constitutionalism historically and prescriptively means asking for a legitimate constitution, a constitutionalist reading of the international legal order provokes the question of its legitimacy. This question is pressing, because state sovereignty and consent are – on good grounds – no longer accepted as the sole source of legitimacy of international law. International constitutionalism – as understood in this paper – does not ask for state-like forms of legitimacy of a world government, but stimulates the search for new mechanisms to strengthen the legitimacy of global governance.

Protecting the World: Military Humanitarian Intervention and the Ethics of Care

Hypatia ◽  
2013 ◽  
Vol 28 (2) ◽  
pp. 257-273 ◽  
Author(s):  
Jess Kyle
Keyword(s):  
International Law ◽  
Ethic Of Care ◽  
Humanitarian Intervention ◽  
Policy Issue ◽  
Ethics Of Care ◽  
Political Issues ◽  
The World

Feminist care theorists Virginia Held and Joan Tronto have suggested that care is relevant to political issues concerning distant others and that care can provide the basis for a more comprehensive moral approach. I consider their approaches with regard to the policy issue of military humanitarian intervention, and raise concerns about exceptionalist attitudes toward international law that entail a collection of costs that I refer to as “the problem of global worldlessness.” I suggest that an ethic of care can overcome these concerns, and offer an Arendt‐inflected rereading of some of Tronto's work to show how this is possible.

John Peters Humphrey: Canadian Nationalist and World Government Advocate

2008 ◽  
Vol 45 ◽  
pp. 305-346
Author(s):  
Erin C. Roth
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Regional Differences ◽  
Universal Declaration ◽  
International Organization ◽  
Government Structure ◽  
World Government ◽  
The United Nations ◽  
The Individual

SummaryJohn Peters Humphrey is best known for drafting the United NationsUniversal Declaration of Human Rights, a role that, while significant, comprised only a brief period in Humphrey’s life. Prior to his time at the UN, Humphrey was an adamant Canadian nationalist who argued for a strong, united Canada. At the same time, he was highly critical of international organization and argued for a federal, world government. This apparent contrariness was also seen in his choice of employment. Supportive of world government, Humphrey viewed the UN as little more than a “defensive alliance.” Humphrey’s paradoxical views and actions are far more coherent than they first appear. It is possible to see in them a single, unifying trend: federalism. Federalism’s layered government structure has the ability to preserve regional differences and also to connect the individual to each layer of law. At the UN, Humphrey was able to make great strides in this direction, and today several international bodies receive complaints directly from individual complainants. In this way, Humphrey helped connect the individual with international law.

Explanation of Neorealism Theory of International Actors: An Applied Study on Selected Models)

2020 ◽  
pp. 3
Author(s):  
Anwar Mohammed Faraj Mahmood ◽  
Bakhan Ako Najmalddin
Keyword(s):  
International Relations ◽  
International Law ◽  
North Atlantic ◽  
International System ◽  
The European Union ◽  
Essential Characteristic ◽  
Regional Organizations ◽  
World Government ◽  
Applied Study ◽  
Classical Realism

The field of international relations has been assessed through diverse theoretical framework including realism. Classical realism has been reformed by neorealists for analyzing current actors and interactions in international relations. For neorealists, the most essential characteristic of the international arena is anarchy, which they argue exists because the international system lacks a world government with the capability of making and imposing international law, which in turn makes cooperating among states difficult. Then, competition and conflict can never be avoided in such situation. Thus, states must eventually guarantee their own survival and security.   Neorealists describe states as the main actors in international relations and they have a negative view about non-state actors, in particular international and regional organizations; they state that organizations have no capacity to control a states' attitude or to prevent war or at least minimize anarchy in the international politics. Moreover, neorealists emphasize that organizations are ineffective because the agendas they set tend to be controlled by the superpower states, and they are in fact tools for increasing superpower influence. Neorealists support their argument by highlighting many case studies such as the United Nations, the European Union, North Atlantic Treaty Organization, and World Trade Organization.

scholarly journals The figures of (a)symmetry: 'Pirates' and the world as a closed commercial state

2010 ◽  
Vol 53 (4) ◽  
pp. 5-14
Author(s):  
Petar Bojanic
Keyword(s):  
International Law ◽  
League Of Nations ◽  
World Government ◽  
The World ◽  
Preemptive War

My intention is not to simply evoke Schmitt's critique of Kant's ideas concerning preemptive war and the unjust enemy - as we all know, these ideas were not Kant's nor is their critique original; after all, both Kant and Schmitt are simply brilliant compilers in international law - rather, I want to preliminarily demonstrate that every project concerning the constitution of an empire, league of nations or world government (or world governance) implies a paradoxical existence of an ambiguous 'exterior' (outside, without). It seems that the existence (or nonexistence) of something 'outside' of the world or 'outside' of borderless sovereignty, is a precondition for any theory of empire. .

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