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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.
Personalized campaign styles are of increasing importance in contemporary election campaigns at all levels of politics. Surprisingly, we know little about their implications for the behavior of successful candidates once they take public office. This paper aims to fill this gap in empirical and theoretical ways. It shows that campaign personalization results in legislative personalization. Legislators that ran personalized campaigns are found to be more likely to deviate in roll call votes and to take independent positions on the floor. These findings result from a novel dataset that matches survey evidence on candidates’ campaign styles in the 2009 German Federal Elections with the legislative behavior of successful candidates in the 17th German Bundestag (2009–2013). Combining data from the campaign and legislative arenas allows us to explore the wider consequences of campaign personalization.
The concept of freedom as non-domination that is associated with neo-republican theory provides a guiding ideal in the global, not just the domestic arena, and does so even on the assumption that there will continue to be many distinct states. It argues for a world in which states do not dominate members of their own people and, considered as a corporate body, no people is dominated by other agencies: not by other states and not, for example, by any international agency or multi-national corporation. This ideal is not only attractive in the abstract, it also supports a concrete range of sensible, if often radical international policies.
The article aims to sharpen the neo-republican contribution to international political thought by challenging Pettit’s view that only representative states may raise a valid claim to non-domination in their external relations. The argument proceeds in two steps: First I show that, conceptually speaking, the domination of states, whether representative or not, implies dominating the collective people at least in its fundamental, constitutive power. Secondly, the domination of states – and thus of their peoples – cannot be justified normatively in the name of promoting individual non-domination because such a compensatory rationale misconceives the notion of domination in terms of a discrete exercise of power instead of as an ongoing power relation. This speaks in favour of a more inclusive law of peoples than Pettit (just as his liberal counterpart Rawls) envisages: In order to accommodate the claim of collective peoples to non-domination it has to recognize every state as a member of the international order.
The paper argues that the current global market is organized by a system of transnational law whose development is best characterized as ambivalent. On the one side, legal juridification can lead to a hegemonic system of international law that lacks legitimacy, paradoxically creates extralegal spheres, promotes the ‘privatization’ of political areas, and, thereby, reduces the competences of states. On the other side, legal codification can also function as an engine of transnational democratization and as a barrier to an unhampered growth of transnational administrative and executive power. Scholarship on the idea of legitimacy in law and transnational governance in political and legal theory has to reflect these aspects of juridification on a world scale. Most approaches to the issue, however, have serious flaws: they neither offer an adequate empirical diagnosis of the de-embedding of international economic and legal processes, nor do they provide convincing proposals as to how such processes could be domesticated. Against this background, the paper lays out a critical analysis of legal codification processes as well as proposing an account of democratic governance, based on a realistic conception of deliberative democracy.
Readers of Hannah Arendt’s now classic formulation of the statelessness problem in her 1951 book The Origins of Totalitarianism abound at a moment when the number of stateless peoples worldwide continues to rise exponentially. Along with statelessness, few concepts in Arendt scholarship have spawned such a volume of literature, and perhaps none have provoked as much interest outside of the field of philosophy, as ‘the right to have rights.’ Interpreting this enigmatic term exposes the heart of our beliefs about the nature of the political and has important consequences for how we practice politics on a global scale because it implicitly takes plural human beings, and not the citizen, as its subjects. Arendt’s conceptualization of this problem remains unsurpassed in its diagnosis of the political situation of statelessness, as well as its intimate description of the human cost of what she refers to as ‘world loss,’ a phenomenon that the prevailing human rights and global justice discourse does not take into account. And yet, as an alternative framework for thinking about global politics, the right to have rights resists easy interpretation, let alone practical application.
Structural alienation: Lu's structural approach to reconciliation from within a relational framework
(2019)
In Justice and Reconciliation in World Politics Catherine Lu argues that structural reconciliation, rather than interactional reconciliation, ought to be the primary normative goal for political reconciliation efforts. I suggest that we might have good reason to want to retain relational approaches – such as that of Linda Radzik – as the primary focus of reconciliatory efforts, but that Lu’s approach is invaluable for identifying the parties who ought to bear responsibility for those efforts in cases of structural injustice. First, I outline Lu’s analysis of reconciliation, where she argues for the normative priority of structural approaches within the global political sphere, and propose that it will be useful to identify whether or not a relational account could instead identify underlying structural injustices. Second, I examine one particular relational account of reconciliation (based on Radzik’s account of atonement) and argue that this type of account brings to light underlying structural injustices of the kind Lu is concerned with. Finally, I identify an issue for relational accounts in identifying relevant responsible parties for reconciliation before returning to Lu’s structural account to address this gap.
Chris Armstrong argues that attempts at justifying special claims over natural resources generally take one of two forms: arguments from improvement and arguments from attachment. We argue that Armstrong fails to establish that the distinction between natural resources and improved resources has no normative significance. He succeeds only in showing that ‘improvers’ (whoever they may be) are not necessarily entitled to the full exchange value of the improvement. It can still be argued that the value of natural and improved resources should be distributed on different grounds, but that the value of improvements should be conceived differently.
Contemporary liberalism and republicanism present clearly distinct programs for domestic politics, but the same cannot be said when it comes to global politics: the burgeoning literature on global republicanism has reproduced the divide between cosmopolitan and associational views familiar from long-standing debates among liberal egalitarians. Should republicans be cosmopolitans? Despite presence of a range of views in the literature, there is an emerging consensus that the best answer is no. This paper aims to resist the emerging consensus, arguing that republicans should be cosmopolitans. The considerations offered against cosmopolitanism generally rest on an incomplete understanding of the relationship between economic inequality or poverty on the one hand, and domination on the other. Insofar as republicans agree that promoting freedom from domination should be our central political aim, they should regard the reduction of economic inequality and poverty at home and abroad as equally pressing.
There are longstanding calls for international organizations (IOs) to be more inclusive of the voices and interests of people whose lives they affect. There is nevertheless widespread disagreement among practitioners and political theorists over who ought to be included in IO decision-making and by what means. This paper focuses on the inclusion of IOs’ ‘intended beneficiaries,’ both in principle and practice. It argues that IOs’ intended beneficiaries have particularly strong normative claims for inclusion because IOs can affect their vital interests and their political agency. It then examines how these claims to inclusion might be feasibly addressed. The paper proposes a model of inclusion via representation and communication, or ‘mediated inclusion.’ An examination of existing practices in global governance reveals significant opportunities for the mediated inclusion of IOs’ intended beneficiaries, as well as pervasive obstacles. The paper concludes that the inclusion of intended beneficiaries by IOs is both appropriate and feasible.
This article discusses freedom of movement under the lens of shifting boundaries of membership and traces the tension between the political and the economic rationale of European integration. It first reflects on the normativity of free movement and links it to the foundations of modern democratic citizenship. Subsequently, it discusses the role of free movement in the construction of EU citizenship and argues that the genesis in market integration casts a long shadow which hinders EU citizenship's potential to fully display the logic of political and social equality. Under current conditions of huge wealth discrepancies between member states, the prevailing form of horizontal integration necessarily brings about a tension between mobility and solidarity, which in turn creates a barrier for further developing EU citizenship. It is concluded that strengthening an intra‐European dimension of solidarity is needed in order to substantiate the right to move as an equal European citizenship right.
This paper discusses two possible difficulties with Catherine Lu’s powerful analysis of the moral response to our shared history of colonial evil; both of these difficulties stem from the rightful place of shame in that moral response. The first difficulty focuses on efficacy: existing states may be better motivated by shame at the past than by a shared duty to bring about a just future. The second focuses on equity: it is, at the very least, possible that shame over past misdeeds ought to be brought into the conversation about present duties, in a manner more robust than Lu’s analysis allows.
Rhetoric and global justice
(2008)
Activists have long recognized the importance of rhetoric and emotional appeal in building support for the global justice movement. However, many political theorists worry that the use of rhetoric may obstruct clear presentation of the issues at stake, and may result in our policies being determined by where the sympathies of the best rhetoricians lie. In this article I examine the ways in which contemporary theorists try to accommodate the need for rhetoric and emotional appeal, and I argue that their attempts are unsatisfactory because they view rhetoric as a tool or skill that can be used to manipulate people to support any position. Yet if we question the sharp separation between rhetoric and reason, then the aims of building support for a cause, identifying the causes we ought to support, and treating others with respect need no longer conflict. Re-examining the radical liberal theories of J.S. Mill, L.T. Hobhouse and J.A. Hobson, will help us to see how this separation might be questioned and rhetoric recovered as a respectful and respectable form of argument.
Many theories of global distributive justice are based on the assumption that all humans hold common ownership of the earth. As the earth is finite and our actions interconnect, we need a system of justice that regulates the potential appropriation of the common earth to ensure fairness. According to these theories, imposing limits and distributive obligations on private and public property arrangements may be the best mechanism for governing common ownership. We present a critique of the assumption that this issue can be solved within the private–public property regime, arguing that the boundaries of this regime should not be taken for granted and that the growing literature on the democratic commons movement suggests how this can be accomplished. We consider that, if the earth is defined as a common, the private– public property paradigm must be open to questioning, and democratic commoners’ activities should be considered.
This paper addresses the phenomenon of climate-induced displacement. I argue that there is scope for an account of asylum as compensation owed to those displaced by the impacts of climate change which needs only to appeal to minimal normative commitments about the requirements of global justice. I demonstrate the possibility of such an approach through an examination of the work of David Miller. Miller is taken as an exemplar of a broadly ‘international libertarian’ approach to global justice, and his work is a useful vehicle for this project because he has an established view about both responsibility for climate change and about the state’s right to exclude would-be immigrants. In the course of the argument, I set out the relevant aspects of Miller’s views, reconstruct an account of responsibility for the harms faced by climate migrants which is consistent with Miller’s views, and demonstrate why such an account yields an obligation to provide asylum as a form of compensation to ‘climate migrants.’
Ibegin by providing some background to conceptions of responsibility. I note the extent of disagreement in this area, the diverse and cross-cutting distinctions that are deployed, and the relative neglect of some important problems. These facts make it difficult to attribute responsibility for climate change, but so do some features of climate change itself which I go on to illuminate. Attributions of responsibility are often contested sites because such attributions are fundamentally pragmatic, mobilized in the service of a normative outlook. We should be pluralists about responsibility and shape whatever conceptions can help to explain, guide, and motivate our responses to climate change. I sketch one such notion, ‘intervention-responsibility’, and argue that it should be ascribed to international regimes and organizations, states and other jurisdictions, individuals, and firms. Each has different capacities and thus different intervention-responsibilities responsibilities, but these differences are not always mirrored in public discussion. In particular, the moral responsibility of firms has been greatly neglected.
We live in tragic times. Millions are sheltering in place to avoid exacerbating the Coronavirus (COVID-19) pandemic. How should we respond to such tragedies? This paper argues that the human right to health can help us do so because it inspires human rights advocates, claimants, and those with responsibility for fulfilling the right to try hard to satisfy its claims. That is, the right should, and often does, give rise to what I call the virtue of creative resolve. This resolve embodies a fundamental commitment to finding creative solutions to what appear to be tragic dilemmas. Contra critics, we should not reject the right even if it cannot tell us how to ration scarce health resources. Rather, the right gives us a response to apparent tragedy in motivating us to search for ways of fulfilling everyone’s basic health needs.
The first case of COVID-19 infection in Africa was recorded in Egypt on 14 February 2020. Following this, several projections of the possible devastating effect that the virus can have on the population of African countries were made in the Western media. This paper presents evidence for Africa’s successful responses to the COVID-19 pandemic and under-reporting or misrepresentation of these successes in Western media. It proceeds to argue for accounting for these successes in terms of Africa’s communitarian way of life and conceptions of self, duty, and rights; and that a particular orientation in theorizing on global justice can highlight the injustices inherent in the misrepresentation of these successes and contribute shared perspectives to formulating a framework of values and concepts that would facilitate the implementation of global policy goals for justice. The paper is thus grounded in a rejection of the insular tenets of theorizing prevalent in the global justice debate and to persistent inclinations in Western scholarship to the thinking that theorizing in the African context that draws inspiration from the cultural past has little to contribute to the quest for justice globally. On the contrary, it argues that reflexive critique of cultural history is a necessary source of normative ideals that can foster tolerant coexistence and a cooperative endeavour toward shared conceptions of justice in the contemporary world.
The paper assesses current rising reparations claims for the Maafa/ Maangamizi (‘African holocaust,’ comprising transatlantic slavery, colonialism and neo-colonialism) from two angles. First, it explores the connectivity of reparations and global justice, peace and security. Second, it discusses how the claim is justified in international law. The concept of reparations in international law is also explored, revealing that reparations cannot be limited to financial compensation due to the nature of the damage and international law prescriptions. Comprehensive reparations based in international law require the removal of structures built on centuries of illegal acts and aggression, in the forms of transatlantic slavery, colonialism and neo-colonialism. Reparations must also lead to the restitution of sovereignty to African and indigenous peoples globally. They are indispensable to halt the destruction of the earth as human habitat, caused by the violent European cultural, political, socio-economic system known as apitalism that is rooted in transatlantic slavery.