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Internationale Gerichte sollen Konflikte zwischen Staaten befrieden. Dass es dabei nicht immer nur um das Völkerrecht geht, zeigt der Streit zwischen den USA und dem Iran. Die gegenwärtige US-Regierung lehnt den Internationalen Gerichtshof als politisch gelenkt ab – und schadet sich damit vor allem selbst.
Neuere Geschichten des Völkerrechts zeichnen sich dadurch aus, dass sie das Recht und dessen Wirksamkeit nicht losgelöst von sozialen und historischen Kontexten betrachten. In seinem beeindruckenden Buch "Frieden durch Recht?" über den Friedensschluss nach dem ersten Weltkrieg zeigt Marcus M. Payk (vgl. die Rezension in diesem Band), dass das Recht zwar über eine eigene Form und Logik verfügt, dessen Bindungswirkung aber nicht ohne dessen Kontexte verstanden werden kann. ...
A link between populism and social media is often suspected. This paper spells out a set of possible mechanisms underpinning this link: that social media changes the communication structure of the public sphere, making it harder for citizens to obtain evidence that refutes populist assumptions. By developing a model of the public sphere, four core functions of the public sphere are identified: exposing citizens to diverse information, promoting equality of deliberative opportunity, creating deliberative transparency, and producing common knowledge. A wellworking public sphere allows citizens to learn that there are genuine disagreements among citizens that are held in good faith. Social media makes it harder to gain this insight, opening the door for populist ideology.
In this article, I question the use of the notion of ‘constituent power’ as a tool for the democratization of the European Union (EU). Rather than seeing the absence of a transnational constituent power as a cause of the EU’s ‘democratic deficit’, I identify it as an opportunity for unfettered democratic participation. Against the reification of power-in-action into a power-constituted-in-law, I argue that the democratization of the EU can only be achieved through the multiplication of ‘constituent moments’. I begin by deconstructing the normative justifications surrounding the concept of constituent power. Here I analyze the structural aporia of constituent power and question the autonomous and emancipatory dimension of this notion. I then test the theoretical hypothesis of this structural aporia of the popular constituent power by comparing it with the historical experiments of a European popular constituent power. Finally, based on these theoretical and empirical observations, I propose to replace the ambivalence of the concept of popular constituent power with a more cautious approach to the bottom-up democratization of European integration: that of a multiplication of transnational constituent moments.
This paper uses a novel account of non-ideal political action that can justify radical responses to severe climate injustice, including and especially deliberate attempts to engineer the climate system in order reflect sunlight into space and cooling the planet. In particular, it discusses the question of what those suffering from climate injustice may do in order to secure their fundamental rights and interests in the face of severe climate change impacts. Using the example of risky geoengineering strategies such as sulfate aerosol injections, I argue that peoples that are innocently subject to severely negative climate change impacts may have a special permission to engage in large-scale yet risky climate interventions to prevent them. Furthermore, this can be true even if those interventions wrongly harm innocent people.
The study of civilization is one of the core subjects of international legal history. This is no recent development. Jörg Fisch published his seminal work "Die Europäische Expansion und das Völkerrecht" in 1984, the same year in which Gerrit W. Gong presented his renowned "Standard of Civilization". Today, the more recent works by Martti Koskenniemi and Antony Anghie probably represent the most influential research in this field. What all these path breaking works have in common is that they discuss concepts of civilization in international law especially with regard to its function as providing justification narratives for the European/non-European unequal relations, in particular in the 19th century. ...
In cases in which there is the possibility of massive human losses, the threshold likelihood of their occurrence, and the non-excessive costs of their prevention, we ought to act now. This is all the more definitely the case because it may well be that this is the time-of-last-opportunity to head off one or more potential disasters, all of which may still be preventable by sufficiently rapid reductions in carbon emissions from the combustion of fossil fuel. It is unfair that the present generation should incur as heavy a burden as it does of seizing the last opportunity for prevention of disasters like large sea-level rises, but the unfairness is not sufficient to make the burden unreasonable to bear, especially since it is not in fact as heavy as often believed.
G. A. Cohen argues that John Rawls’s focus on the basic structure of society as the exclusive subject of social justice is misguided. I argue that two understandings of the notion of basic structure seem to be present in the literature, either in implicit or in explicit terms. (1) According to the first, the basic structure is to be equated with a given set of institutions: if they endorse the right principles of justice, the basic structure of society is just; (2) According to the second, a society has a just basic structure if and only if its institutional web manages to realize the relevant principles of justice as well it can. In (2), the institutional structure is not a given: different social circumstances call for different institutional solutions in order to achieve a just basic structure overall. The first part of the paper make a case for (2), and explores some of its normative implications. The second part asks which consequences this understanding may have for the idea of a global basic structure.
The European Union is currently challenged by right-wing populism and economic stress. To understand the nature of these challenges, we need to take an interdisciplinary approach in which empirical studies of politics are combined with studies of the normative implications of European policy-making. To this end, I draw attention to the right to free movement, which is pivotal both for European politics and liberal political philosophy. I show that even though transnational rights, such as the free movement for people, products and money, are normatively sound and desirable, enhancement of free movement may challenge the heterogeneity among the national models of rights and societal commitments. The risk is that the national institutions as a political arena face difficulties in coping with current political challenges such as right-wing radicalism, social inequality, environmental regulation, immigration and financial insecurity. On the other hand, I argue that we should be aware that the transnational rights might in some countries enhance human rights, which national parliaments have not been able to accommodate.
Current work on populism stresses its relationship to nationalism. However, populists increasingly make claims to represent ‘the people’ across beyond national borders. This advent of ‘transnational populism’ has implications for work on cosmopolitan democracy and global justice. In this paper, we advance and substantiate three claims. First, we stress populism’s performative and claimmaking nature. Second, we argue that transnational populism is both theoretically possible and empirically evident in the contemporary global political landscape. Finally, we link these points to debates on democracy beyond the state. We argue that, due to the a) performative nature of populism, b) complex interdependencies of peoples, and c) need for populists to gain and maintain support, individuals in one state will potentially have their preferences, interests, and wants altered by transnational populists’ representative claims. We unpack what is normatively problematic in terms of democratic legitimacy about this and discuss institutional and non-institutional remedies.
Recent developments in Hungary and Poland have made democratic backsliding a major issue of concern within the European Union (EU). This article focuses on the secondary agents that facilitate democratic backsliding in Hungary and Poland: the European People’s Party (EPP), which has continually protected the Hungarian Fidesz government from EU sanctions, and the Hungarian ruling party Fidesz, which repeatedly promised to block any EU-level sanctions against Poland in the Council. The article analyses these agents’ behaviour as an instance of transnational complicity and passes a tentative judgment as to which of the two cases is normatively more problematic. The analysis has implications for possible countervailing responses to democratic backsliding within EU member states.
Megaregional trade negotiations have become the subject of heated debate, above all in the context of the Transatlantic Trade and Investment Partnership (TTIP) and the Trans-Pacific Partnership (TPP). In this article, I argue that the justice of the global order suffers from its institutional fragmentation into regime complexes. From a republican perspective, which aspires to non-domination as a guiding principles and idea of global justice, regime complexes raise specific and important challenges in that they open the door to specific forms of domination. I thereby challenge a more optimistic outlook in regime complexes, which paints a positive normative picture of regime complexes, arguing that they enable the enhancement of democracy beyond the state and, consequently, have the potential to reduce the democratic deficit in global governance. By drawing attention to how regime complexes reinforce domination-related injustice, this article contributes an original perspective on megaregionals and to exploring the implications of global justice as non-domination.
The issue of statelessness poses problems for the statist (or nationalist) approach to the philosophy of immigration. Despite the fact that the statist approach claims to constrain the state’s right to exclude with human rights considerations, the arguments statists offer for the right of states to determine their own immigration policies would also justify citizenship rules that would render some children stateless. Insofar as rendering a child stateless is best characterized as a violation of human rights and insofar as some states have direct responsibility for causing such harm, the problem of non-refugee stateless children points to greater constraints than most statists accept on states’ right to determine their own rules for membership. While statists can ultimately account for the right not to be rendered stateless, recognizing these additional human rights constraints ultimately weakens the core of the statist position.