On the Ethics of Vaccine Nationalism: The Case for the Fair Priority for Residents Framework

COVID-19 vaccines are likely to be scarce for years to come. Many countries, from India to the U.K., have demonstrated vaccine nationalism. What are the ethical limits to this vaccine nationalism? Neither extreme nationalism nor extreme cosmopolitanism is ethically justifiable. Instead, we propose the fair priority for residents (FPR) framework, in which governments can retain COVID-19 vaccine doses for their residents only to the extent that they are needed to maintain a noncrisis level of mortality while they are implementing reasonable public health interventions. Practically, a noncrisis level of mortality is that experienced during a bad influenza season, which society considers an acceptable background risk. Governments take action to limit mortality from influenza, but there is no emergency that includes severe lockdowns. This “flu-risk standard” is a nonarbitrary and generally accepted heuristic. Mortality above the flu-risk standard justifies greater governmental interventions, including retaining vaccines for a country's own citizens over global need. The precise level of vaccination needed to meet the flu-risk standard will depend upon empirical factors related to the pandemic. This links the ethical principles to the scientific data emerging from the emergency. Thus, the FPR framework recognizes that governments should prioritize procuring vaccines for their country when doing so is necessary to reduce mortality to noncrisis flu-like levels. But after that, a government is obligated to do its part to share vaccines to reduce risks of mortality for people in other countries. We consider and reject objections to the FPR framework based on a country: (1) having developed a vaccine, (2) raising taxes to pay for vaccine research and purchase, (3) wanting to eliminate economic and social burdens, and (4) being ineffective in combating COVID-19 through public health interventions.

Reduced Legal Equality of Combatants in War

The focus on the moral rights of combatants in the ethics of war ignores a very important point: although morally unjust combatants cannot be considered moral equals to just combatants, especially with regard to the right to kill, there are sound moral reasons why the laws of war should accept a kind of equality between them, a concept referred to as “reduced legal equality.” Reduced legal equality is not about equal moral rights but about granting legal immunity to combatants for their conduct in accordance with the laws of war. This article shows that reduced legal equality of combatants is not only the morally best legal regulation in our nonideal international world but also the correct interpretation of international law.

Justice between Wars

One way to tell the story of contemporary ethics of war is as a gradual expansion of the period of time to which theorists attend in relation to war, from ad bellum and in bello to post bellum and ex bello. Ned Dobos, in his new book, Ethics, Security, and the War-Machine, invites us to expand this attention further to the period between wars, which he calls jus ante bellum. In this essay, I explore two significant implications of this shift in normative focus. First, I argue that it opens up an important and productive field of the ethics of military policy-making outside of conflict, including procurement, training, force posture, and military diplomacy. Second, I argue that attending to the relationship between ante bellum and ad bellum considerations contains the seeds of a powerful pacifist argument.

Engines of Patriarchy: Ethical Artificial Intelligence in Times of Illiberal Backlash Politics

In recent years, concerns over the risks posed by artificial intelligence (AI) have mounted. In response, international organizations (IOs) have begun to translate the emerging consensus on the need for ethical AI into concrete international rules and standards. While the path toward effective AI governance faces many challenges, this essay shifts attention to an obstacle that has received little attention so far: the growing illiberal backlash in IOs. Prompted by Poland's recent rejection of a European position on AI due to the document's mention of “gender equality,” we argue that Poland followed a strategy that illiberal actors now regularly employ in IOs. To combat gender norms and women's rights across issue areas, illiberal contesters first identify the progressive language in international documents and then threaten to veto those documents—unless such language is watered down or removed. This spoiling strategy, we argue, may not only lead to the compromising of fundamental human rights norms but may also prevent much needed rules for AI from being adopted altogether. Against this background, we urge scholars and practitioners concerned with AI ethics to pay closer attention to illiberal backlash politics. IOs are emerging as spaces where progressive AI rules and standards are increasingly contested—and where they need to be defended to safeguard fundamental rights in an age of rapid technological change.

Climate Displacement and the Legal Gymnastics of Justice: Is It All Political?

The future for people becoming displaced due to climate processes is still unknown. The effects of climate change are more apparent every day, and those most acutely impacted are still unable to access an appropriate legal remedy for their woes. Two new books evaluate the limits to international legal protections and the application of justice. Climate Change, Disasters, and the Refugee Convention, by Matthew Scott, investigates the assumptions underpinning the dichotomy between refugees and those facing adversity due to climate-induced disasters. Climate Change and People on the Move: International Law and Justice, by Fanny Thornton, goes further by examining how justice is used—and curtailed—by international instruments of protection. Thornton's legal analysis is thorough and thoughtful, but also demonstrative of the limitations of justice when confined by historical precedent and political indifference. With so little still being done to hold industries to account, is it any surprise that the legal system is not yet ready to protect those harmed by carbon pollution? Demanding justice for climate displacees is an indictment of modern Western economics and development; it implicates entire national lifestyles and the institutions and people that support them.

Unwanted Compatriots: Alienation, Migration, and Political Autonomy

In Territorial Sovereignty: A Philosophical Exploration, Anna Stilz argues that legitimate political authority requires the actual—rather than hypothetical—consent of the governed. I argue, however, that her analysis of that consent is inconsistent, in the weight it ascribes to the felt desire to refrain from doing politics with some particular group of people. In the context of secession and self-determination, the lack of actual consent to shared political institutions is weighty enough to render such institutions presumptively illegitimate. In the context of migration, however, a lack of actual consent to the presence of newcomers is ascribed nearly no weight, and instead is taken as evidence of irrationality or immoral preferences. I argue that this apparent contradiction must be clarified before Stilz's overall account of self-governance can be accepted.

Democracy and the Preparation and Conduct of War

In Ethics, Security, and the War-Machine, Ned Dobos highlights several negative consequences the preparation for war has for individuals and states. But he misses what I consider perhaps the most significant consequence of military mobilization for states, especially democracies: how war and the preparation for it affect deliberative politics. While many argue that all states, including democracies, require strong militaries—and there is some evidence that long wars can build democracies and states—I focus on the other effects of militarization and war on democratic states. War and militarism are antipodal to democracy and undermine it. Their normative bases are conflicting—democracy takes force off the table, whereas force is legitimate in war. Thus, while militarism and militarization can sometimes yield liberalization and the expansion of civil rights, they are arguably more likely to undermine democratic norms and practices.

The Responsibility to Protect in a Changing World Order: Twenty Years since Its Inception

This introduction to the roundtable “The Responsibility to Protect in a Changing World Order: Twenty Years since Its Inception” argues that the geostrategic configuration that made the responsibility to protect (RtoP) possible has changed beyond recognition in the twenty years since its inception.