International Order

This paper focuses upon the challenge posed by the concept of ‘information’ to the new materialisms, viewed with reference to the multifaceted worldly phenomenon of informational conflict. ‘Informational conflict’ is a broad term designed to encompass the hi-tech ‘cyber’ operations of inter-state warfare as well as the informational actions of non-state actors, and is contingent not upon information technologies, as commonly understood, but upon ‘information’. Informational conflicts can be viewed as sociotechnical assemblages of humans and non-humans although information is a (...) problematic component of these assemblages, on account of its uncertain ontological status. This paper addresses the ontology of information and asks how the new materialisms might respond in the various ontological registers described. Drawing upon the natural sciences—especially physics—and the emerging ‘philosophy of information’ to outline the metaphysics of information and the differences that exist in its ontological characterisation, the paper outlines informational challenges to materialist perspectives. It concludes by examining two examples of how information and materiality are addressed in International Relations with respect to informational conflict. It concludes by noting the positive contributions the new materialisms can make to the study of information and informational conflict, but challenges them by asking: Information matters for conflict; does it matter for materialism? (shrink)

This paper provides a realist analysis of the EU's legitimacy. We propose a modification of Bernard Williams' theory of legitimacy, which we term critical responsiveness. For Williams, 'Basic Legitimation Demand + Modernity = Liberalism'. Drawing on that model, we make three claims. (i) The right side of the equation is insufficiently sensitive to popular sovereignty; (ii) The left side of the equation is best thought of as a 'legitimation story': a non-moralised normative account of how to shore up belief in (...) legitimacy while steering clear of both raw domination and ideological distortions. (iii) The EU's current legitimation story draws on a tradition of popular sovereignty that sits badly with the supranational delegation and pooling of sovereign powers. We conclude by suggesting that the EU's legitimation deficit may be best addressed demoicratically, by recovering the value of popular sovereignty at the expense of a degree of state sovereignty. (shrink)

The idea of a responsible cosmopolitan state (RCS) represents a recent attempt to reconcile the utopianism of cosmopolitan political theory and the practical constraints arising from the current realities of politics among territorial and largely self-interested states. I show in the chapter that the neorealist and/or geopolitical challenge rests on a misconception about what cosmopolitanism is meant to provide, because immediate practical advice is only a part of what normative political theory may bring to the table. Besides the notion of (...) self-interest which can be interpreted in different ways, it is mainly the action-modifying role of norms (especially international/supranational law) which may gradually change the game. Since the sustenance of state capacities is often preconditioned by events which take place beyond state borders, shared rules of conduct allow for more effective coordination in cases where collective action is required. Although the idea of a RCS primarily targets foreign policy priorities of smaller/weaker states (not-great-powers), it may turn out that collective action problems arising from empirical realities of the 21st century increasingly put great powers under pressure to accept such self-imposed constraints and comply with them. In the final part of the paper, however, I explain why this ‘cosmopolitan optimism’ needs to be aware of its own limitations, singling out the problems of internal motivation of actors in world politics and the deeper meaning of sovereignty which precludes an easy switch to the language of dispersed, pooled, or relational sovereignty. I conclude by arguing that if we are to take cosmopolitan ideals seriously, the RCS most likely represents a transitional stage on the route towards a centralised global political authority. (shrink)

How to respond to unauthorized migration and migrants is one of the most difficult questions in relation to migration theory and policy. In this commentary on Gillian Brock’s discussion of “irregular” migration, I do not attempt to give a fully satisfactory account of how to respond to unauthorized migration, but rather, using Brock’s discussion, try to highlight what I see as the most important difficulties in crafting an acceptable account, and raise some problems with the approach that Brock takes. In (...) thinking about unauthorized migration, both while trying to craft positive policies and while critiquing existing practices, we need to ask if we are most interested in a general account of how to respond to unauthorized migration, one that would apply to the large majority of cases and provide us a default approach, or if we are better served by taking a piecemeal approach, looking at why certain people or certain groups should be exempt from removal, even if they would otherwise be liable to it. In this paper, I will focus primarily on this distinction, and argue that it is at least important to provide an account of the "generic unauthorized". (shrink)

This chapter expounds relational values characteristic of indigenous Africa and considers how they might usefully be adopted when contemporary societies interact with each other. Specifically, it notes respects in which genuinely human or communal relationship has been missing in the two contexts of globalization and international relations, and suggests what a greater appreciation of this good by the rest of the world would mean for them.

Since the disintegration of the USSR Eurasia has gained a new geopolitical and strategic significance. Fifteen Countries emerged as a result of disintegration, among which only the Russian Federation was the successor state. The post-soviet era especially the era of the 1990s was a political and economic trauma for the Russian Federation and the post-soviet space. But Eurasianists were well aware of the American unilateralism and American ‘Grand Chessboard strategy” that was solely aimed at encircling Russian geography. With these concerns, (...) the Eurasianists advised the Russian political and military elites to initiate the Eurasian Union Project. This paper briefly sketches the Russian historical Eurasian dream, which deeply rooted in Russian imperial history, and discusses the importance of Eurasian philosophy for the political and economic stability of Russia-Eurasia. The paper also illustrates the challenges and opportunities for Eurasian integration and for the establishment of multipolar world order. Moreover, the paper also briefly outlines the geopolitical rationale behind the Eurasian project as a key objective of contemporary Russian foreign policy and geopolitics. (shrink)

In contemporary democracies, global capitalism exerts a significant influence over how state power is exercised, raising questions about where political power resides in global politics. This question is important, since our specific considerations about justifiability of political power, i.e. political legitimacy, depend on how we characterize political power at the global level. As a partial answer to this question, I argue that our notion of global political legitimacy should be reoriented to include the structural power of the Transnational Capitalist Class (...) as its subject matter. Structural power is a social relation in which the institutional context makes some agents comply with others’ preferences regardless of actors’ intentional efforts to bring about such outcomes. Even when global business elites do not intentionally exercise power to obtain political control of global governance, their structural power has recognizable effects that partly enforce the world order. To advance my claim, I utilize the radical realists’ argument that the notion of legitimacy is applicable to a broader range of social practices that are beyond dyadic power relations, i.e. rulers intentionally exercising power over subjects. (shrink)

Orson Scott Card and his Ender Series have had a profound impact on the genre of contemporary science fiction, meriting an academic analysis of some of his more theoretical ideas. I have chosen to analyze his concept of “Center” and “Edge” nations found in Xenocide and Children of the Mind through the lens of international relations, sociological, and political theory, in order to bring nuance to an underdeveloped theory that many non-academics may be familiar with. Ultimately, we must conclude that (...) Card’s concept of “Center” and “Edge” nations is too stagnant and does not account for social and hegemonic change, which influences the justifications of why these “nations” may be considered “Center” in the first place. (shrink)

This article offers a reading of Plato in light of the recent debates concerning the unique ‘ontology’ of International Relations (IR) as an academic discipline. In particular, this article suggests that Plato’s metaphysical account of the integral connection between human individual, the domestic state, and world order can offer IR an alternative outlook to the ‘political scientific’ schema of ‘levels of analysis’. This article argues that Plato’s metaphysical conception of world order can not only provide IR theory with a way (...) to re-imagine the relation between the human, the state, and world order. Moreover, Plato’s outlook can highlight or even call into question the post-metaphysical presuppositions of contemporary IR theory in its ‘borrowed ontology’ from modern social science, which can in turn facilitate IR’s re-interpretation of its own ‘ontology’ as well as its distinct contributions to the understanding of the various aspects of the social world and human life. (shrink)

Internationale vergelijkingen vormen een waardvolle bron van inzicht bij het analyseren van maatschappelijke problemen en het beoordelen van beleidsmatige antwoorden op die problemen. Vergelijkend onderzoek levert vaak interessante of nuttige informatie op doordat er verschillen én overeenkomsten worden geconstrueerd, bijvoorbeeld: hoe ‘leefbaar’ is Toronto vergeleken met Berlijn? Zelfs wanneer de definities verschillen en de gebruikte meeteenheden enigszins onnauwkeurig kunnen zijn – bijvoorbeeld “leefbaar voor wie en ten opzichte van wat?” – zijn vergelijkingen leerrijk en aanleiding voor verdere reflectie. Maar internationale (...) vergelijkingen kunnen op verschillende manieren ook problematisch zijn. (shrink)

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border regime. In (...) contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

Technology offers unique sets of opportunities, from human flourishing to civilization survival, but also challenges, from partial misuse to global apocalypse. Yet technology is shaped by the social environment in which it is developed and used, prompting questions about its desirable governance format. In this context, we look at governance challenges of large technical systems, specifically the peaceful use of high-power lasers in space, in order to propose a conceptual framework for legitimate global governance. Specifically, we adopt a context-based approach (...) to legitimacy to address the trade-offs between effectiveness (output legitimacy) and inclusivity (input legitimacy) in the governance of large technical systems. We show that distinguishing two basic phases of space laser policy which call for different legitimacy criteria helps balance out the trade-offs without sacrificing either effectiveness or inclusivity. Finally, we construe LTSs’ governance as a tool for creating globally networked spaces which may enable coordinated global democratic governance. (shrink)

Reply to commentators: Symposium on the winner of the 2019 NASSP Book Award Prize: Yvonne Chiu, *Conspiring with the Enemy: The Ethic of Cooperation in Warfare* (Columbia University Press, 2019).

The purpose of this paper is to shed light on what liberal states should tolerate outside their borders. This requires definitions of `liberalism, ́ `toleration, ́ and `state. ́ In the first section of this paper, I briefly indicate how I use those and other terms necessary to the discussion and introduce the normative principle I take liberals to be committed to. In the second section, I continue clearing the path for the rest of my discussion. In the rest of (...) the paper, I draw conclusions about what liberals should tolerate outside their state that I believe follow from the proffered definitions and principles. I limit myself to interference aimed at providing humanitarian aid, but do so in a way that is meant to provide resources for thinking about other sorts of interventions. In the third section, I consider humanitarian interventions done with the permis- sion of the other state and will point toward a toleration-based view; here we are really talking about non-toleration of suffering. In the fourth section, I consider humanitarian interventions done without the permission of the other state; here we are talking about non-toleration of a state that harms its residents. I consider an objection in section five. (shrink)

Many people argue that we should practice conscientious consumption. Faced with goods from gravely flawed production processes, such as wood from clear-cut rainforests or electronics containing conflict minerals, they argue that we should enact personal policies to routinely shun tainted goods and select pure goods. However, consumers typically should be relatively uncertain about which flaws in global supply chains are grave and the connection of purchases to those grave flaws. The threat of significant uncertainty makes conscientious consumption appear to be (...) no better, or even worse, than an overlooked option. This overlooked option is consumption with relinquishment: disregarding each product’s possible connections with upstream grave flaws and using the time, money, and energy saved in this way to address grave flaws directly. (shrink)

European Journal of Philosophy, Volume 29, Issue 4, Page 948-964, December 2021. Calls to recognize a right of return are a recurring feature of refugee crises. Particularly when such crises become long-term, advocates of displaced people insist that they be allowed to return to their country of origin. I argue that this right is best understood as the right of refugees to return, not to a prior territory, but to a prior political status. This status is one that sees not (...) just any state, but a refugee's state of origin, take responsibility for safeguarding their welfare. This entitlement I characterize as an institutional right: a right that presupposes, and is a necessary feature of, a particular institution. The institution of which the right of return is an indispensable part is the international political system that sees authority exercised by sovereign states. The institutional argument for a right of refugee return presupposes two basic factual claims about states: they play a central role in safeguarding rights and they pursue exclusionary policies of border control. Importantly, the institutional view presupposes only that states do perform both functions, not that they are justified in doing so. On a purely normative level, the institutional account assumes little more than the moral equality of human beings. (shrink)

Hannah Arendt’s fierce critique of sovereignty, along with her excavation of Greek agonism, has gained much traction among critical theorists of international politics who revisit the basic assumptions of conventional international theories, such as state sovereignty and power as domination. This paper engages with an increasingly popular stream within such critical international studies that appropriates Arendt’s agonism to envision a form of a global public acting in concert. I argue that Arendt’s thoughts cannot be reduced to a radical vision of (...) agonistic cosmo-politics. Rather, her thinking suggests that political actors appreciate and care for their public worlds while remaining alert to institutional ossification. Her appreciation of the constitutional state confirms that state agency is an important element of her thoughts. By examining the vicissitudes of publicity found in Arendt’s thinking and their reflexive effect on inter-polity relations, the article elucidates the grounds of her international agonism and brings home a form of international politics where states pursuing the domestic goal of greatness coexist and cooperate. Thus, the study suggests that critical scholars of radical agonism miss the important implications of an “institutional” Arendt for international politics. (shrink)

This chapter criticizes several methods of responding to the techniques foreign powers are widely acknowledged to be using to subvert U.S. elections. It suggests that countries do this when they have a legitimate stake in each other’s political deliberations, but no formal voice in them. It also suggests that if they accord each other such a voice, they will engage as co-deliberators with arguments, rather than trying to undermine each other’s deliberative processes; and that this will be salutary for all (...) parties. It moots several methods for giving nations such a voice, ranging from inviting representatives of foreign powers to participate in debates in each other’s high-level elections, to having representatives of all nations vote in each other’s key elections or legislative bodies, or in international bodies constituted in recognition of the need for binding global deliberation about shared issues. (shrink)

At the heart of the tension between state autonomy and international law is the question of whether states should willingly restrict their freedom of action for the sake of international security, human rights, trade, communication, and the environment. David Hume offers surprising insights to answer this question. He argues that the same interests in cooperation arise among individuals as well as states and that their interactions should be regulated by the same principles. Drawing on his model of dynamic coordination, I (...) will reconstruct the Humean case for developing international law into a more robust legal system and also highlight the limitation of Hume’s account of justice for such a reconstructive project. Hume’s lessons are enduring; we must strengthen the essential features of international law that allow states and individuals to reap the benefits of its protections, such as nonoptional rules that articulate a moral minimum, courts with compulsory jurisdiction, and stronger mechanisms of enforcement. (shrink)

This volume addresses the normative legitimacy of the international order, asking how we can make sense of legitimacy claims of increasingly diverse global governance institutions and practices and how their legitimacy relates to and differs from state legitimacy. -/- State legitimacy is a central concern of modern political thought but is inadequate when applied to institutions that differ from the state in type, level of governance, scope, and much else. We need a new, tailored approach to the legitimacy of institutions (...) beyond the state, especially international and transnational institutions. Such an approach includes foundational questions: what does it mean for institutions to be legitimate that have radically different purposes, means, interests, capacities, constituents, and roles from states? And what standards do such institutions have to meet in order to count as legitimate? The contributions to this volume seek to advance the debate on these questions at both abstract and more concrete levels. They range from conceptual questions about the nature of legitimacy and international institutions, to rule of law, to the legitimacy of the UN Security Council, the International Criminal Court, and occupying military forces in the face of challenges specific to their nature and context. Together they demonstrate both the promise and challenges of theorizing legitimacy beyond the state. -/- The chapters in this book were originally published as a special issue of the journal Critical Review of International Social and Political Philosophy. (shrink)

The following study analyzes the exercise of power by both the United States and China in their confrontation for hegemonic dominance. Through observational and qualita- tive methods, an examination of the mechanisms underlying China’s strategic state- craft and how it implements its exercise of power reveals its genesis and how it contested and controlled the order in Southeast Asia. Navigating through economic indicators, the research determines that the decline of American power is a myth, but it establishes a decline in (...) its influence and prestige arising from its strategic and tactical choices. The study identified multiple systemic contingencies and political irrationalities for the non-realization of systemic unipolarity, resulting in a nonpolar world. It concludes that neither the incomparable military power of the United States nor the greater economic power of China has, in the contemporary world, fundamental comparative advantages for achieving systemic hegemony. (shrink)

The Anthropocene, understood from the perspective of the creators of Earth System Science and IPCC, calls for global governance, which tends to be understood as an epistocratic, technocratic affair leaving little room for reflective rationality and politics in the agonistic sense. Using the republican repertoire, I argue that global governance thus understood is actually the last thing we need. I suggest that global environmental institutions ought to be based on ‘constitutional republicanism’. Key elements of this approach are a Machiavellian appreciation (...) of discord, agonism and ‘the political’, combined with a realistic assessment of the very diverse interests at stake in global climate politics, hence very diverse ideas about the benefits and burdens of specific global environmental strategies; and institutions based on ideas uniquely developed by republicans from Machiavelli to Mouffe allowing for human and science’s fallibility on the one hand, irreducible moral and political diversity on the other. (shrink)

Bringing together various scholars from different backgrounds and embodying a truly interdisciplinary approach make Sufism: A Theoretical Intervention in Global International Relations a valuable and timely contribution to the increasing interest in non-Western traditions of thought. It will be of interest to IR theorists as well as scholars in other disciplines who are interested in non-Western traditions of thought and is sure to motivate further research in IR that is inspired by Sufism.

Throughout history, Eurasia has been central to relations between Europe and Asia. It has been the crossroads of civilizations, contributing to the cultural and ethnic hybridity of the region. However, after the fall of the Ottoman Empire and later the Soviet Union in the twentieth century, Eurasia lost its geostrategic importance in the US-led liberal world order. In the 1920s, a group of Russian emigres described the cultural and ethnic ties among the communities living across the vast Eurasian steppes as (...) Eurasianism. Eurasianists divide the world into two opposing forces with Eurasianism including Russia and the European states favoring integration with it and Atlanticism including the US and European countries supporting an American-led Atlantic order. Today, Russia is an important revisionist power in Eurasia, with huge stakes in the global order and the capability to help forge new relationships in the region. (shrink)

For a long time, the sections of the Philosophy of Right dedicated to the relations among states have been neglected by contemporary International Relations theories. However, especially since the end of the Cold War, this discipline has finally reconsidered Hegel’s theory, in particular by stressing two aspects: the thesis of an ”end of history” implied in it; and, more generally, the primacy of the state in international politics. This paper suggests a different interpretation. It argues that, in order to really (...) understand Hegel’s theory of international relations, it is necessary to consider how it is related to the momentous changes that occurred in the wake of the French Revolution and to previous philosophical developments in the Age of Enlightenment. Indeed, the convergence of these two aspects in his own philosophy of history should suggest that, according to Hegel, by the early nineteenth century international politics had finally entered a new era in which states would still interact as the foremost actors, but would be bound nonetheless by an unprecedented awareness of their historical character. (shrink)

Cosmopolitans typically argue that the realization of cosmopolitan ideals requires the creation of global political institutions of some kind. While the precise nature of the necessary institutions is widely discussed, the problem of the transition to such an order has received less attention. In this paper, we address what we take to be a crucial aspect of the problem of transition: we argue that it involves a moral coordination problem because there are several morally equivalent paths to reform the existing (...) order, but suitably placed and properly motivated political agents need to converge on a single route for the transition to be successful. It is, however, unclear how such a convergence can take place since the duty to create global institutions does not single out any coordination point. We draw on the so-called theory of hegemonic stability to address this problem and conceptualize what we call the hegemonic transition. From an explanatory point of view, we rely on the theory’s insights to explain how a hegemon may contribute to the creation of a rules-based international order by providing salient coordination points and accordingly, enabling coordination among states. From the normative point of view, we identify necessary conditions for the hegemonic transition to be morally permissible. To the extent that these conditions obtain, other states have pro tanto moral reasons to follow the salient coordination point provided by the leading state. (shrink)

Belt and Road Initiative (BRI) is a global infrastructure development project that ambitiously aims to connect Asia with European and African continents through land and sea corridors. China adopted this gigantic game-changing master plan in 2013 and spurred much speculation among scholars and policymakers worldwide. This article investigates the development of the project through the lens of global political geography and economy. From an international relations perspective, the authors consult relevant pieces of literature and focus on the international issues and (...) events concerning the development of the project using concepts of ideas, interests, and institutions within the scope of geopolitics and political economy. The analysis is performed by reviewing critical events and arguments related to the ideas, interests and institutions evolving around the implementation of BRI. Drawing from the analysis, the authors argue that the rise of China as a dominant global superpower largely depends on the success of the BRI, and this initiative will continue to generate politics among the international actors, multinational entities, and institutions. Despite widespread speculations, the project poses a substantive threat to the USA's global dominance and is likely to create more global development cooperation under Chinese leadership and vision. (shrink)

Which role can physical proximity play in our thinking about the foundations of political community in a world where, due to political, economic and technological developments, we seem to live side by side with virtually everyone globally? This article interrogates this question in conversation with Kant’s political thought, where proximity makes a prominent appearance both as a foundation of statehood and of cosmopolitan community. I argue that, as a scalar criterion, the idea of proximity cannot serve as a particularisation principle (...) that guides us in carving up the world into peoples or territories. However, as a regulative principle it provides an appealing normative criterion for the internal constitution of existing states. While this is predicated on accepting Kantian conservatism about boundaries, the proximity-based state is structured in a way that deflates the normative significance of the very distinction between insider and outsider. (shrink)

Contemporary moral contractarianism originates with Hobbes’s moral theory. When considering the structure of Hobbes’s moral theory, however, it is often argued that moral contractarianism does not justify any specific moral demands concerning questions of climate change because currently no global Leviathan in Hobbes’s sense exists that could enforce any such demands in our world. I do not dispute the fact that currently no global Leviathan in Hobbes’s sense exists in our world. Nevertheless, I argue that Hobbesian moral contractarianism offers an (...) adequate moral framework to guide our considerations concerning questions of climate change. Methodologically, the approach is sufficiently pluralistic to consider ethical and economic considerations as well as political feasibility constraints. Conceptually, I argue that, despite the fact that currently no global Leviathan in Hobbes’s sense exists in our world, a Hobbesian-inspired modus vivendi is sufficient as a starting point to address some of the most pressing issues of climate change in our world. Specifically, I argue that the shift in climate change negotiations from the Kyoto Protocol to the Paris Agreement could be considered to be guided by reasoning that underlies Hobbesian moral contractarianism. (shrink)

*North American Society for Social Philosophy (NASSP) Book Award 2019.* -/- *International Studies Association (ISA) - International Ethics Section Book Award 2021.* -/- Although military mores have relied primarily on just war theory, the ethic of cooperation in warfare (ECW)—between enemies even as they are trying to kill each other—is as central to the practice of warfare and to conceptualization of its morality. Neither game theory nor unilateral moral duties (God-given or otherwise) can explain the explicit language of cooperation in (...) developing and enforcing principles of military ethics and the law of armed conflict. -/- The ethic of cooperation is borne of various motivations: reciprocity, self-preservation, and efficiency, to be sure, but also a sense of warrior honor and concern with human rights. This shared morality can persist despite making it more difficult for one side or the other to win and, unfortunately, its well-meaning motivations often lead to unintended tragic consequences. -/- This book explores three manifestations of this significant yet overlooked ethic of cooperation in warfare: (1) for a “fair fight,” (2) to protect classes of individuals (e.g., non-combatants or prisoners of war), and (3) to end the war quickly. Such cooperation can take unexpected forms, from ad hoc decisions on the battlefield to institutionalization in international law, and is the source of some critical tensions in one of the most significant developments in warfare in recent years: namely, how to handle terrorism or other forms of warfare that lie outside the purview of international law. -/- Each type of ECW raises questions internal to that ethic, such as inconsistencies in the concept of “parity” across different weapons bans, contradictions within the warrior ethic that heavily influence—and therefore confuse—notions of the “fair fight,” the disconnect between what protections a person receives and his responsibility for the war (e.g., political leaders), or the limited decisiveness of outcomes generated by very short wars. -/- Their simultaneous application also generates significant tensions and raises questions about the proper relationship of ECW to the immediate goal of war itself, which is to win, and thus yield either a political settlement or a justicial decision. For example, the ECWs for a “fair fight” and to protect classes of individuals can make it harder to win the war, but even more concerning is that they can also kill more people, which in the latter case contravenes its very purpose. -/- Human history is in some ways the story of trying to concurrently wage and tame war, and the architecture of warfare itself is informed by the ECW, in particular: (a) the political nature of war, (b) the abdication from jus ad bellum judgments in order to concentrate on justice within war (jus in bello), and (c) the ways in which modern nation-states collude to define “legitimacy” in war. -/- The combination of these three features leave questions of justicial right and responsibility for war disturbingly unresolved, it also generates new challenges in a geopolitical context in which cooperative and non-cooperative (e.g. contemporary terrorism) forms of warfare clash. (shrink)

In this paper, I examine global public reason as a method of justifying a global state. Ultimately, I conclude that global public reason fails to justify a global state. This is the case, because global public reason faces an unwinnable dilemma. The global public reason theorist must endorse either a hypothetical theory of consent or an actual theory of consent; if she endorses a theory of hypothetical consent, then she fails to justify her principles; and if she endorses a theory (...) of actual consent, her theory will lead to a highly unstable political system. On either side of the dilemma, global public reason faces untenable implications. Although similar criticisms have been advanced against domestic public reason, my argument is not repeating points made before me. My argument is new, in that it raises these objections specifically against global public reason, and in that it shows how, due to increased diversity of belief in the global arena, these problems are more pressing for global public reason than they are for domestic public reason. (shrink)

The main claim of this chapter is that planetary defense against asteroids cannot be implemented under a decentralized model of democratic global governance, as espoused elsewhere in this book. All relevant indices point to the necessity of establishing a centralized global political authority with legitimate coercive powers. It remains to be seen, however, whether such a political system can be in any recognizable sense democratic. It seems unconvincing that planetary-wide physical-threat, all-comprehensive macrosecuritization, coupled with deep transformations of international law, global (...) centralization of core decision-making powers, de-stigmatization of nuclear weapons and the like can proceed, succeed, and be implemented in a non-hierarchical international system where planetary defense constitutes only one regime among many, and where states basically remain the decisive actors. Although rationally and scientifically robust, the project suffers from oversimplification, as well as naivety with respect to how both international and domestic politics works. Among other topics, this chapter discusses problems associated with the rule of law and constituent powers, political representation and sources of legitimacy, conditions of multilevel collective action, or limits of theoretical idealization. The general message is that the planetary defense community needs to be more aware of the social and political context of its own enterprise. (shrink)

It is a common charge that treaties, perhaps especially recent treaties relating to economic activity, provide unreasonable restrictions on the sovereignty of the state parties. While this charge has been made most forcefully by smaller states, it is sometimes raised with justification by larger states or state-like bodies such as the E.U. as well. When a tribunal judging a dispute on an economic treaty tells a state that it may no longer make decisions such as to accept or reject genetically (...) modified foods, allow internet gambling, or produce generic drugs for domestic consumption, the citizens of the state may rightfully think they have lost important aspects of sovereignty to bodies that do not have legitimate authority to govern. This, in turn, makes negotiating treaties, despite their obvious value, much harder than it otherwise would be, leading to decreased cooperation and the forgoing of potentially significant gain. In this paper, I argue that by importing certain ideas from contract theory to the interpretation of treaties, these worries may be significantly reduced. Contracts have the seemingly paradoxical ability to increase the autonomy of the signers by allowing them to bind themselves to perform certain future actions. But, the ability of contracts to perform this function would be greatly reduced if the only possible remedy for breach were specific performance. Yet, an analogous approach to treaties is common among many important theorists of international law, who demand the equivalence of specific performance in the case of treaties. I will show how importing ideas from contract law can help ensure that treaties, especially economic treaties, are sovereignty-enhancing for states in a way that is similar to the way that contracts may be autonomy-enhancing for individuals, and will show that importing these elements from contract law will strengthen, not undermine, the legitimacy and fairness of international law. (Please download the full paper from SSRN at the link on this page). (shrink)

Volume 48, Issue 1, March 2019, Page 1-7.

What is the significance of asserting that certain agents, be they individual or collective ones, have a duty to create just institutions at a global level? It might appear none. For many agree that there is no global authority to coordinate compliance with the duty. Hence, it is up to individual agents to decide how to comply. If this is the correct account of the duty to create just institutions, then one can say that significant global justice projects depend on (...) insignificant duty to realize them. The state’s duty is indeterminate, however, only on the supposition that authoritative institutions are necessary to secure coordination among different agents. The dissertation challenges this fundamental assumption in two steps. First, I investigate the practical relevance of conventions for solving coordination problems. By building on the works of Hume and Lewis, I show how individuals in the state of nature could have coordinated their actions by conventions up until a point when a government could have emerged. I argue that similar considerations apply to relations among states. I identify relevant similarities between conventions creating a government and international customary law. Moreover, I argue that international customary law is a global governing convention since it prescribes how rules that bind all states are to be made. The second step in my argument concerns the normative assessment of conventions. I argue that conventions are essential for the demands of justice as long as they enable compliance with the demands. Not all conventions, however, do so. I put forward the principle of salience to identify those practices that play such a role. The salient practices determine the state’s duty to create a just world order. Ceteris paribus, the duty is not indeterminate after all. Consequently, current coordination problems that arise among states should not be seen as a normal consequence of states’ rational and self-interested behavior in the absence of a global authority; instead, the coordination problems amount to the violation of the duty to create a just world order. The major implication of the argument is that we should replace the Hobbesian framework for thinking about the nature of states as well as how they relate to one another by the Humean one. Thus, instead of insisting on states’ consent and necessity of a centralized authority to coordinate actions, we should pay more attention to the habitual behavior of states as well as the role conventions play in solving coordination problems among them. Importantly, the relevance of conventions to compliance with moral demands does not make authoritative institutions obsolete. The argument of this dissertation is modest – it only asserts that conventions can coordinate actions in the process of transitioning toward more centralized forms of global authority. As opposed to the pessimistic outlook of the Hobbesian framework, the Humean one makes room for hope that the change of the present unjust conditions is possible. (shrink)

Does the kind of socialist ideal articulated by G. A. Cohen in Why Not Socialism? add anything substantial to the Rawlsian conception of justice? Is it an ideal that Rawlsians should want to take on board, or is it ultimately foreign to their outlook? I defend a mixed answer to these questions. On the one hand, we shouldn’t underestimate the extent to which Rawls's theory already addresses the concerns that motivate Cohen’s appeal to the socialist ideal. Within the bounds of (...) a society living up to Rawls’s two principles of justice, I maintain, there would be little room left for an ideal of social relations to do any independent work. On the other hand, Cohen’s ideal may still have an important role to play within Rawlsian theory – not within the confines of a given society but on the international stage, beyond the liberal state as we know it. This asymmetry between the domestic and the international case stems from the fact that Rawls's principles of justice apply in full strength only at the domestic l... (shrink)