The primary purpose of government is to secure public goods that cannot be achieved by free markets. The Coordination Principle tells us to consolidate sovereign power in a single institution to overcome collective action problems that otherwise prevent secure provision of the relevant public goods. There are several public goods that require such coordination at the global level, chief among them being basic human rights. The claim that human rights require global coordination is supported in three main steps. First, I (...) consider Pogge's and Habermas's analyses as alternatives to Hobbesian conceptions of justice. Second, I consider the core conventions of international law, which are in tension with the primacy of state sovereignty in the UN system. Third, I argue that the just war tradition does not limit just causes for war to self-defense; it supports saving innocent third parties from crimes against humanity as a just reason for war. While classical authors focused less on this issue, the point is especially clear in twentieth-century just war theories, such as those offered by the American Catholic bishops, Jean Elshtain, Brian Orend, and Michael Walzer. Against Walzer, I argue that we add intractable military tyranny to the list of horrors meriting intervention if other ad bellum conditions are met. But these results require us to reexamine the "just authority" of first resort to govern such interventions. The Coordination Principle implies that we should create a transnational federation with consolidated powers in place of a treaty organization requiring near-unanimity. But to be legitimate, such a global institution must also be directly answerable to the citizens of its member states. While the UN Security Council is inadequate on both counts, a federation of democracies with a directly elected executive and legislature could meet both conditions. (shrink)

Business actors create and operate in global production networks that bring them in contact with regulatory frameworks across multiple levels and domains. Importantly, they also participate in shaping those regulatory frameworks. But what are the specific interests they pursue in their involvement in regulation? Traditionally, scholars tended to assume that the focus of business actors is primarily on avoiding (stringent) public regulation. Recent developments have highlighted a broader range of business interests, however. Accordingly, this paper investigates business positions on the (...) ascription of duties and rights in regulation, specifically in the fields of due diligence, supply chain liability, and extraterritorial jurisdiction. The paper explores these issues in the context of business regulation in the field of Human Rights, looking at the United Nations Guiding Principles on human rights, their German implementation in the ‘Nationaler Aktionsplan Wirtschaft und Menschenrechte’ and the associated processes, in particular. (shrink)

The question of whether global democracy requires a world state has with few exceptions been answered with an unequivocal ‘No’. A world state, it is typically argued, is neither feasible nor desirable. Instead, different forms of global governance arrangements have been suggested, involving non-hierarchical and multilayered models with dispersed authority. The overall aim of this paper is to addresses the question of whether global democracy requires a world state, adopting a so-called ‘function-sensitive’ approach. It is shown that such an approach (...) is equipped to resist the predominant binary view of a world state and offer a more differentiated and nuanced answer to this question. In brief, a basic presumption of a function-sensitive approach is that the content, justification and status of principles of democracy are dependent on the aim they are set out to achieve, what functions they are intended to regulate (e.g., decision-making, implementation, enforce... (shrink)

Which standards should we employ to evaluate the global order? Should they be standards of justice or standards of legitimacy? In this article, I argue that liberal political theorists need not face this dilemma, because liberal justice and legitimacy are not distinct values. Rather, they indicate what the same value, i.e. equal respect for persons, demands of institutions under different sets of circumstances. I suggest that under real-world circumstances? characterized by conflicts and disagreements? equal respect demands basic-rights protection and democratic (...) participation, which I here call?political justice?. I conclude the article by considering three possible configurations of the global order? the?democratic world-state?,?independent democratic states?, and?mixed? models? and argue that a commitment to political justice speaks in favour of the latter. (shrink)

Journal of Social Philosophy, Volume 52, Issue 4, Page 491-515, Winter 2021.

The aim of this article is to contribute to the elaboration of a deliberative approach to global institutional design. A deliberative approach aims to embed processes of mutual reason-giving at the heart of international relations and global decision-making. The theoretical framework that orientates this discussion is the liberal approach to international law developed by John Rawls. It may seem strange to invoke this model: after all, Rawls does not specifically discuss the issue of global institutional design and indeed has been (...) widely criticized for neglecting this topic. In fact, in its account of global public reason, Rawls's approach can be shown to contain important and surprisingly neglected resources for constructing a dynamic and inclusive theory of global deliberative politics. (shrink)

This article evaluates mini-publics as a potential means of realizing deliberative democratic values in transnational contexts. A mini-public is a group of citizens that is chosen by random or near-random selection to debate matters of public concern in a suitably structured deliberative environment. The argument of the article is that mini-publics can be an important deliberative resource, but only as supplements to rather than replacements for alternative means of reforming transnational institutions. These forums can be used to prefigure transnational publics, (...) but entrenched institutional assumptions about the delineation and definition of these publics must be subject to critical scrutiny by other elements of a transnational deliberative system. This argument is developed through a critical engagement with the literature on mini-publics, an analysis of a prominent example of a transnational mini-public, and a defense of the role of civil society as a resource for counteracting the shortcomings of mini-publics. (shrink)

There is a growing body of literature that has sought to undermine systems of ethical regulation, and governance more generally, within the social sciences. In this paper, we argue that any general claim for a system of research ethics governance in social research depends on clarifying the nature of the stake that society has in research. We show that certain accounts of this stake—protecting researchers’ freedoms; ensuring accountability for resources; safeguarding welfare; and supporting democracy—raise relevant ethical considerations that are reasonably (...) contested. However, these accounts cannot underpin a general claim in favour of, or against, a system of research ethics governance. Instead, we defend governance in social research on the grounds that research, as an institutionalised form of enquiry, is a constitutive element of human flourishing, and that society ought to be concerned with the flourishing of its members. We conclude by considering the governance arrangements that follow from, and are justified by, our arguments. (shrink)

This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security, and, on the other, ensuring broader respect for human rights. Both of these purposes are minimally (...) morally acceptable for legitimacy. Second, we distinguish between three different competences of the UNSC: 1) the decision-making competence, 2) the quasi-legislative competence, and 3) the referral competence. On this basis, we argue that different procedural standards are required to legitimise these competences, which leads to a more differentiated understanding of the Security Council’s legitimacy. While maintaining that the membership structure of the Council is a severe problem for its legitimacy, we suggest other procedural standards that can help to improve its overall legitimacy, which include broad transparency, deliberation, and the revisability of the very terms of accountability themselves. (shrink)

International institutions have become increasingly important not only in the relations between states, but also for individuals. When are these institutions legitimate? The legitimacy standards fo...

The tension between the authority of states and the authority of international institutions is a persistent feature of international relations. Legitimacy assessments of international institutions play a crucial role in resolving such tensions. If an international institution exercises legitimate authority, it creates binding obligations for states. According to Raz’s well-known service conception, legitimate authority depends on the reasons for actions of those who are subject to it. Yet what are the practical reasons that should guide the actions of states? Can (...) states be bound by international institutions on all kinds of issues or are certain issues exempted because of sovereignty considerations? This paper argues that self-regarding reasons cannot ground political authority with the respective demand for compliance. Since reasons for states concern individuals both inside and outside of their jurisdiction and other state peoples, self-regarding reasons for states, which form a domain of personal pursuits or sovereign decisions, are highly restricted. (shrink)

The Forest Stewardship Council (FSC) is a global private governance system overseeing the sustainability and biodiversity of the world forestry system through certification of forests and forestry processes and products, and is perceived as the strongest of the various certification schemes available (Domask, Globalization and NGOs: Transforming Business, Government, and Society , 2003 ; Gulbrandsen, Global Environmental Politics , 2004 ). It has seen more success in developed than developing countries in terms of amount of forest certified and number of (...) chain-of-custody certificates issued, raising questions as to its ability to promote biodiversity Gulbrandsen, Global Environmental Politics , 2004 ). A number of challenges have risen to the pragmatic and moral legitimacy of the FSC as a global governance system: alternative certification schemes, output and market access, cost of certification, plantations, and illegal logging. I examine each of these challenges as they pertain to the dimensions of pragmatic and moral legitimacy of the FSC. I conclude with a discussion of theoretical implications for global governance systems using ecolabel schemes, as well as a discussion of practical implications for the FSC in particular. (shrink)

While there is a growing body of work on moral issues and global governance in the fields of global justice and international relations, little work has connected principles of global health justice with those of global health governance for a theory of global health. Such a theory would enable analysis and evaluation of the current global health system and would ethically and empirically ground proposals for reforming it to more closely align with moral values. Global health governance has been framed (...) as an issue of national security, human security, human rights, and global public goods. The global health governance literature is essentially untethered to a theorized framework to illuminate or evaluate governance. This article ties global health justice and ethics to principles for governing the global health realm, developing a theoretical framework for global and domestic institutions and actors. (shrink)

While there is a growing body of work on moral issues and global governance in the fields of global justice and international relations, little work has connected principles of global health justice with those of global health governance for a theory of global health. Such a theory would enable analysis and evaluation of the current global health system and would ethically and empirically ground proposals for reforming it to more closely align with moral values. Global health governance has been framed (...) as an issue of national security, human security, human rights, and global public goods. The global health governance literature is essentially untethered to a theorized framework to illuminate or evaluate governance. This article ties global health justice and ethics to principles for governing the global health realm, developing a theoretical framework for global and domestic institutions and actors. (shrink)

The increasing use of transnational standard-setting bodies to address quality uncertainties and coordination issues across the global economy raises questions about how these bodies establish and maintain their legitimacy and accountability outside the sovereignty of democratic states. Based on a discussion of the legitimacy challenge posed by global governance, we provide an overview of mechanisms by which such bodies can defend their legitimacy claims and examine the actual mechanisms used by the International Accounting Standards Board (IASB). While the IASB staked (...) its initial credibility on technical competence and independence, it has increasingly emphasized due process norms in its claim for support. Our analysis evaluates the IASB due process against the cultural benchmarks established by domestic standard-setters in the USA and UK and against a normative model of procedural legitimacy. These comparisons help us to understand the modifications that were made in the hope of due process adding legitimacy to accounting standard-setting beyond the state. They also reveal the broader political context of competing legitimacy criteria that confronts transnational standard-setters. (shrink)

Do we violate human rights when we cooperate with and impose a global institutional order that engenders extreme poverty? Thomas Pogge argues that by shaping and enforcing the social conditions that foreseeably and avoidably cause global poverty we are violating the negative duty not to cooperate in the imposition of a coercive institutional order that avoidably leaves human rights unfulfilled. This article argues that Pogge's argument fails to distinguish between harms caused by the global institutions themselves and harms caused by (...) the domestic policies of particular states and collective action problems for which collective responsibility cannot be assigned. The article also argues that his position relies on questionable factual and theoretical claims about the impact of global institutions on poverty, and about the benefits and harms of certain features of these institutions. Participation in, and benefit from, global institutions is unlikely to constitute a violation of our negative duties towards the poor. Key Words: justice • international regimes • institutions • human rights • trade. (shrink)

In the contemporary philosophical literature, political legitimacy is often identified with a right to rule. However, this term is problematic. First, if we accept an interest theory of rights, it often remains unclear whose interests justify a right to rule : either the interest of the holders of this right to rule or the interests of those subject to the authority. And second, if we analyse the right to rule in terms of Wesley Hohfeld’s characterization of rights, we find disagreement (...) among philosophers about what constitutes the conceptual core of political authority: a power-right or a claim-right to rule. In this paper I show that both of these are problematic for a number of reasons. First, if we think that it is only the interests of the holders of a right to rule that justify the possession of authority, the conceptual core of authority must consist in a claim-right. However, this understanding of authority biases our thinking about legitimacy in favor of democratic exercises of power. Second, if we hold such a decisively democratic view of legitimacy, we confront an impasse with respect to addressing global collective action problems. Although it is clear that political authority is necessary or useful for solving these issues, it is doubtful that we can establish global institutions that are democratically authorized anytime soon. The paper suggests an alternative ‘Power-Right to Command View’ of political legitimacy that avoids the democratic bias and allows for thinking about solutions to global problems via global service authorities. (shrink)

In the half decade following the 2007 financial crisis, the reform of global financial governance was driven by two separate policy debates: one on the substantive content of regulations, the other on the organizational architecture of their governance. The separation of the two debates among policymakers has been mirrored in academia, where postcrisis analyses of financial governance have remained detached from reinvigorated discussions about the nature of financial markets. We argue that this separation is deeply flawed. Presenting an analysis of (...) interactions between standards for banking, credit rating, accounting, and derivatives trading, this article demonstrates why the appropriateness of the organizational architecture of global financial governance is necessarily contingent upon one’s understanding of how financial markets work. In particular, if financial markets are not anchored to external “economic fundamentals” but instead exhibit reflexivity, then the reciprocal interactions between different regulatory arenas demand considerably more organizational coordination than presently exists. (shrink)

Cosmopolitan justice calls for extensive institutional transformations at the international level. But in the absence of a global enforcing authority, such transformations are bound to be hampered by a range of obstacles, including non-compliance and coordination problems. What solutions can a cosmopolitan thinker offer to address these challenges? In answering this question, the paper focuses on the role that international cooperation between the world?s democracies can play in promoting cosmopolitan aspirations. It argues that such cooperation has a crucial role to (...) play in executing global justice reforms; and furthermore, that the world?s democracies have a moral duty to lead the way in implementing cosmopolitan justice. The paper then suggests that a ?League of Democracies? ? an intergovernmental organization which is open exclusively to the world?s democracies ? could potentially facilitate the type of democratic cooperation that is necessary for cosmopolitan justice. (shrink)

Currently, research ethics committees in the UK meet behind closed doors—their workings and most of the content of their decisions are unavailable to the general public. There is a significant tension between this current practice and a broader societal presumption of openness. As a form of public institution, the REC system exists to oversee research from the perspective of society generally.An important part of this tension turns on the kind of justification that might be offered for the REC system. In (...) this paper I adapt Daniels and Sabin’s accountability for reasonableness model for just resource allocation to the research ethics context to provide some structural legitimacy and to enable progress on the question of openness. After considering the consequences of adopting this model for open REC meetings, I then examine some reasons that might be offered against open meetings. These arguments do not overwhelm the core intuitions behind the presumption of openness but they do, I suggest, give us reason to retreat from fully public meetings. I conclude that there should be important adjustments to the system towards public accountability and that there are grounds for stopping short of fully public meetings. (shrink)

International studies investigate the governance authority of state versus non-state actors in terms of their public or private authority. However, the public–private distinction does not sufficiently capture the variety of governance actors, or the forms of their authority, beyond that distinction. Focussing on businesses, this paper argues that certain governance actors assume public and private roles, as well as a third category of roles it calls ‘societal’ that transcend notions of public and private. To understand these roles and how they (...) affect governance authority, this paper treats the public–private relationship as mediated and extends it with the ‘societal’ category, then translates it into the concept of business authority, which constitutes a particular form of governance authority alongside public and private authority. It does so by operationalising governance authority as a triadic concept composed of power, legitimacy and a connection to public interests. In all three components, business authority escapes the binary distinction between public and private without simply merging the two. (shrink)

Data platforms represent a new paradigm for carrying out health research. In the platform model, datasets are pooled for remote access and analysis, so novel insights for developing better stratified and/or personalised medicine approaches can be derived from their integration. If the integration of diverse datasets enables development of more accurate risk indicators, prognostic factors, or better treatments and interventions, this obviates the need for the sharing and reuse of data; and a platform-based approach is an appropriate model for facilitating (...) this. Platform-based approaches thus require new thinking about consent. Here we defend an approach to meeting this challenge within the data platform model, grounded in: the notion of ‘reasonable expectations’ for the reuse of data; Waldron’s account of ‘integrity’ as a heuristic for managing disagreement about the ethical permissibility of the approach; and the element of the social contract that emphasises the importance of public engagement in embedding new norms of research consistent with changing technological realities. While a social contract approach may sound appealing, however, it is incoherent in the context at hand. We defend a way forward guided by that part of the social contract which requires public approval for the proposal and argue that we have moral reasons to endorse a wider presumption of data reuse. However, we show that the relationship in question is not recognisably contractual and that the social contract approach is therefore misleading in this context. We conclude stating four requirements on which the legitimacy of our proposal rests. (shrink)

In this article, I address the question: what kind of normative principles should regulate the governance processes through which migration across international borders is managed? I begin by contrasting two distinct categories of normative controversy relating to this question. The first is a familiar set of moral controversies about justice within border governance, concerning what I call the ethics of exclusion. The second is a more theoretically neglected set of normative controversies about how institutional capacity for well functioning border governance (...) can best be achieved, concerning what I call the constitution of control of international borders. I argue that progress can be made in resolving controversies of the latter kind by applying a new normative theory of political legitimacy, distinct from the moral theories of justice routinely applied to ethics of exclusion controversies. On the ‘collective agency’ model of political legitimacy that I propose here, principles of political legitimacy have the regulatory role of combating complex collective action problems that may otherwise impede an institution’s collectively valuable functions. Through applying this theory, I sketch some provisional prescriptions for the design of international border governance institutions that may follow from the demand for strengthening their political legitimacy. (shrink)

This article outlines a new approach to answering the foundational question in democratic theory of how the boundaries of democratic political units should be delineated. Whereas democratic theorists have mostly focused on identifying the appropriate population-group – or demos – for democratic decisionmaking, it is argued here that we should also take account of considerations relating to the appropriate scope of a democratic unit’s institutionalized governance capabilities – or public power. These matter because democratically legitimate governance is produced not only (...) through the decision-making agency of a demos, but also through the institutionally distinct sources of political agency that shape the governance capabilities of public power. To develop this argument, the article traces a new theoretical account of the normative and institutional sources of collective agency, political legitimacy, and democratic boundaries, and illustrates it through a democratic reconstruction of the classical body politic metaphor. It further shows how this theoretical account lends strong prescriptive support to pluralist institutional boundaries within democratic global governance. (shrink)

This paper aims to highlight the role played by uncertainties in global justice theories. It will start by identifying four kinds of uncertainties that could potentially have an impact on the nature, content and very existence of global duties: first, uncertainties regarding the causes of global injustices; second, uncertainties regarding the consequences of global justice initiatives; third, uncertainties pertaining to the 'imperfect' character of certain global duties; and fourth, uncertainties regarding the conduct of others. It will discuss each of these (...) uncertainties in turn, with particular attention to their normative implications, their distinctively 'global' source, and the possibility of their being addressed. It will conclude with some reflections on how the normative issues raised by uncertainties related to spatial distance compare to those raised by uncertainties related to temporal distance. (shrink)

In this article, we introduce the project developed in this special issue: a search for principles of ‘real-world’ justice in international migration that can offer practical guidance on real political problems of migration governance. We begin by highlighting two sources of divergence between the principal topics of theoretical controversy within literatures on migration justice and the animating sources of political controversy within real national and international publics. These arise first in the framing of the problems on which normative theory is (...) purported to offer guidance, and second in the character of the normative reasons that are invoked as grounds for settling the controversies. In response to these divergences, we propose that the development of action-guiding normative theories of international migration can be supported with resources from broadly ‘realist’ approaches to political theory. We outline three key dimensions in which the ‘real-world’ theoretical approaches developed in this collection of papers connect up with important themes in the wider theoretical literature on political ‘realism’: first, a problem-centred methodological strategy; second, a focus on the value of political legitimacy; and third, a commitment to reconciling systematic engagement with real political problems and circumstances with a critical normative orientation towards political problems. (shrink)

ABSTRACT Peter Hägel's Billionaires in World Politics undoubtedly fills a gap in the literature of international relations and global governance. My comment seeks to highlight that Hägel's (2020. Billionaires in World Politics. 1st ed. Oxford Scholarship Online. Oxford: Oxford University Press) work allows us to advance our understanding of how these private actors can be understood as legitimate authorities and how they can contribute to the legitimacy of the international order. I divide my commentary into three points: the first concerns (...) the approach to billionaires from their individual agency (the individual approach), the second relates to the separation between the state and the global levels (the division approach), and the third presents questions on political legitimacy that arise from his case studies (the legitimacy question). (shrink)

A number of recent authors have argued for the problem of ‘democratic dirty hands’. At least within a democracy, public officers can be rightly said to act in the name of the public; and thus, as agents to principals, the dirty hands of public officers are, ultimately attributable to that public. Even more troubling, so the argument goes, since dirty hands are necessary for public officers in any stable political order, then such democratic dirty hands are necessary for any stable (...) democracy. Our dirt is the unavoidable cost of democratic survival.In this paper, I offer an argument against this disconcerting conclusion. My central claim is that proponents of ‘democratic dirty hands’ have missed the import of another feature of contemporary governance: public institutions. Public institutions, as organisational agents, intermediate the relationship between public officer and public; and in so doing, the dirt necessary for stability may be ‘laundered’: the public may still gain the benefit of a public officer’s hands, but remain clean of the dirt. I illustrate this case by an extended discussion of the case of La Comisión Internacional contra la Impunidad en Guatemala (‘CICIG’). (shrink)

People can have or lack ‘integrity’. But can public institutions? It is common to speak of the ‘integrity’ of such institutions: in popular discourse, legal decisions, law and regulations, and also increasingly, political theory, and proximate disciplines. Such integrity is often said to be at risk of being ‘subverted,’ ‘corroded,’ and ‘corrupted,’ by both forces within and without. Furthermore, the implication is that this is a very worrying thing. The integrity of our institutions, at least, needs to be preserved, supported, (...) and defended; against money, politics, power, and populists. However, despite such common usage, the concept itself has attracted little theoretical reflection. What can it mean, if anything sensible, for an institution itself – instead of a person (or even say, a body, process, territory or a bridge) – to have ‘integrity’? And, why might it be so important? This is the subject of this paper. It puts forward a substantive moral conception of institutional integrity as the robust disposition of an institution to pursue its purpose efficiently, within the constraints of legitimacy, consistent with its commitments. It argues that it is important because it provides the strongest grounding for a ‘duty of support’ owed by citizens to the institution. The strength of such support owed also gives content to a scalar dimension of the institution’s normative legitimacy, that is, the ‘strength’ (or weakness) of such legitimacy. Further, it illustrates how such a conception of institutional integrity will helpfully advance the current debate regarding institutional corruption. (shrink)

The legislature and the judiciary have been a constant focus of contemporary political philosophy. However, the executive – ‘the government’ itself – has been comparatively neglected. Today, this is changing with a well-spring of new work that bears upon what we might call the ideal of ‘good governance’, that is, how governments (and/or their agents) should exercise their powers. This review paper begins by clarifying the concepts of ‘governance’ and ‘good’ governance (§1). It then highlights five sets of values, working (...) nominally from the most foundational constraints on the exercise of government power to those that should guide the exercise of discretion: legitimacy and rule of law (§2); respect and trustworthiness (§3); efficiency and rationality (§4); public participation and accountability (§5); and the public interest and fiduciary duties (§6). (shrink)

The global city is a contested site of economic innovation and cultural production, as well as profound inequalities of wealth and life chances. These cities, and large cities that aspire to ‘global’ status, are often the point of entry for new immigrants. Yet for political theorists (and indeed many scholars of global institutions), these critical sites of global influence and inequality have not been a significant focus of attention. This is curious. Theorists have wrestled with the nature and demands of (...) global justice, but have for the most part supposed that the debate is between statist and cosmopolitan formulations. Questions of redistribution, immigration, humanitarian obligations, coercion at borders, and territorial rights have correspondingly been cast as either the domain of sovereign territorial states, or of the nascent web of supranational institutions that might bind those states and peoples, morally and legally. Examining some of these issues and arguments through the lens of the global city casts them in a new and informative light, and buttresses an associative turn in thinking about global justice. (shrink)

ABSTRACT:We discuss workers’ dignity in hierarchical organizations. First, we explain why a conflict exists between high-ranking individuals’ authority and low-ranking individuals’ dignity. Then, we ask whether there is any justification that reconciles hierarchical authority with the dignity of workers. We advance a communitarian justification for hierarchical authority, drawing upon Confucianism, which provides that workers can justifiably accept hierarchical authority when it enables a certain type of social functioning critical for the good life of workers and other involved parties. The Confucian (...) communitarian perspective shows that promoting workers’ good life or well-being is an important condition for protecting their dignity. (shrink)

The Heart of Human Rights develops an account of human rights as legal entities that serve important moral purposes in a legitimate international human rights practice. This paper examines Allen Buchanan’s general concept of institutional legitimacy and aims to expand that concept by emphasizing its connection with several ideas developed in the book about the nature and function of a system of international human rights. When it incorporates those ideas, Buchanan’s ‘Metacoordination View’ can be seen to set a standard of (...) legitimacy not only for assessments of an international scheme of human rights institutions, but also for the basic institutional structures of domestic states. Furthermore, we can see how the nature and function of human rights in the international practice of human rights bears on legitimacy assessments of particular domestic institutions. (shrink)

This paper elaborates the concept of global public power as the subject of principles of political legitimacy in global politics, and defends it through a critical comparison with other concepts widely employed to depict this regulative subject: states, global basic structure, and global governance. The goal underlying this argument is to bring some greater unity and integration to conceptual understandings of the subject of principles of political legitimacy within analyses of global politics, and in doing so to frame a broader (...) research agenda for locating in practice the concrete political agencies and institutions that are appropriate targets for demands of political legitimation under the prevailing empirical conditions of global pluralism. (shrink)

In the last few decades, the democratic credentials of global governance institutions have been extensively debated in the fields of international relations and political philosophy. However, despite their prominent role in the architecture of global governance, club governance institutions like the Group of Seven (G7) or the Group of Twenty (G20) have rarely been considered from the perspective of democratic theory. Focussing on the G20, this paper analyses its functions in international political practice and discusses whether, in exercising these functions, (...) the G20 exhibits a democratic deficit. As a standard of democracy, the analysis uses the all-affected principle, according to which all those who are affected by a policy decision should be given the opportunity to participate in decision-making. This paper identifies several democratic shortcomings of the G20, for instance related to the exclusion of citizens of non-member states and a lack of parliamentary and public control. By describing realisable reforms that could to some degree alleviate these shortcomings, it is shown that more democratic institutional alternatives are feasible. Thus, the ascription of a democratic deficit to the G20 is warranted. (shrink)

This paper addresses Richard Vernon's approach to reconciling cosmopolitan political morality with particularized political obligations in his work, Cosmopolitan Regard. It situates his approach in his critical treatment of competing transactional theories of obligation, particularly reciprocity for benefits received, and presents his justification of particularized political obligations towards fellow members of persons' own state, based on complicity in unique systems of risk exposure. The paper also presents a critical treatment of his theory, and goes on to outline an alternate conception (...) of legitimacy without obligation as promising in addressing the identified concerns and as applicable to structures of governance beyond the state. (shrink)

The United Nations Global Compact is one of the largest transnational governance schemes. Its success or failure, however, is a matter of debate. Drawing on research in cognitive linguistics, we argue that when evaluators discuss the UNGC, they apply the metaphorical concept of the family: the UNGC corresponds to the “family,” the UNGC headquarter to the “parent” and the business participants of the UNGC to the “children” of the family. As a corollary, evaluators’ implicit understanding of how a family is (...) best organized sets different benchmarks against which the governance structure of the UNGC is assessed. We describe two ideal models of “educating” UNGC business participants. Critics of the UNGC adopt a “strict father” model of transnational governance based on the idea that the proper education of inherently “bad” business firms necessitates obedience, discipline and punishment in case firms are non-compliant. In contrast, the UNGC’s advocates follow a “nurturant parent” model, which prioritizes empathy, learning and nurturance to support the moral development of “good” business firms. We develop the “UNGC-as-family” metaphor, explore its implications for transnational governance and discuss under what conditions these idealized models can serve as appropriate guidelines for TGSs. Specifically, we posit that following the behavioral prescriptions of the “strict father” model may, under certain conditions, jeopardize the organizational embedding and institutionalization of UNGC principles, and explain when and why it may be in the best interest of the UNGC and civil society to embrace the instructions of the “nurturant parent” model of transnational governance. (shrink)

Abstract: The emergence of cross-border communities and transnational associations requires new ways of thinking about the norms involved in democracy in a globalized world. Given the significance of human rights fulfillment, including social and economic rights, I argue here for giving weight to the claims of political communities while also recognizing the need for input by distant others into the decisions of global governance institutions that affect them. I develop two criteria for addressing the scope of democratization in transnational contexts— (...) common activities and impact on basic human rights —and argue for their compatibility. I then consider some practical implications for institutional transformation and design, including new forms of transnational representation. (shrink)

The present article explores ‘anti-cosmopolitan’ arguments that shared institutions above the state, such as there are, are not of a kind that support or give rise to distributive claims beyond securing minimum needs. The upshot is to rebut certain of these ‘anti-cosmopolitan’ arguments. Section 1 asks under which conditions institutions are subject to distributive justice norms. That is, which sound reasons support claims to a relative share of the benefits of institutions that exist and apply to individuals? Such norms may (...) require strict equality, Rawls’ Difference Principle, or other constraints on inequality. Section 2 considers, and rejects, several arguments why existing international institutions are not thought to meet these conditions. (shrink)

Journal of Political Philosophy, EarlyView.

Legal and political philosophers of a normative bent face an uphill struggle in keeping themes of global justice and cosmopolitan governance, at the forefront of their disciplinary debate, given the perceived urgency of confronting, at the domestic level, the populist upsurge in mature democracies and “democratizing societies” alike. In this paper, these two levels of analysis—national and transnational—mutually enrich one another through a reflection on the ground of legitimacy. In the first section, neo-perfectionist approaches to the legitimation of transnational authority (...) and public reason approaches rooted in the paradigm of “political liberalism” will be contrasted. In the second section, a non-perfectionist and normative conception of the legitimacy of transnational authorities will be derived from Rawls’s “liberal principle of legitimacy” and the difference with the application of the same principle at the domestic level will be elucidated. In the third section, on the basis of such conception, one of the most complete and influential approaches to the legitimacy of transnational authorities—i.e., the “Complex Standard of Legitimacy” expounded by A. Buchanan and R. Keohane in “The Legitimacy of Global Governance Institutions”—will be critically assessed. (shrink)

In this paper, two claims are made. The main claim is that a fruitful approach for theorizing the political legitimacy of global governance and the proper normative role of civil society actors is the so-called ‘function-sensitive’ approach. The underlying idea of this approach is that the demands of legitimacy may vary depending on function and the relationship between functions. Within this function-sensitive framework, six functions in global governance are analyzed and six principles of legitimacy defended, together constituting a minimalist account (...) of political legitimacy. This account suggests that civil society actors may strengthen political legitimacy by performing five of these functions under certain conditions and insofar as the proposed normative political principles are fulfilled: problem identification, agenda-setting, implementation, enforcement and monitoring, and evaluation. The second claim is critical and is chiselled out against the backdrop of this function-sensitive account, through which I demonstrate that much vagueness and confusion with regard to the proper role of civil society actors for strengthening the political legitimacy of global governance could be traced to the so-called ‘transmission belt’ model, which has gained popularity in international political theory. This model depicts civil society as a transmission belt between the public sphere and decision-making loci, where it is assumed that civil society actors contribute to the strengthening of political legitimacy by transmitting peoples’ preferences, beliefs, and opinions from the former to the latter space by indirectly or directly influencing the decision-making. It is argued that this picture is misleading and generates erroneous prescriptions of how civil society actors should act to increase political legitimacy. (shrink)