Is it possible to justify territorial rights? Provided a justification for territorial rights can be found, does it ground claims toparticularterritories? And provided a claim to particular territories can be justified, what kind of claim is it? Is it a claim to jurisdiction? A claim to control resources? A claim to control the movement of people across borders? In this paper I review some prominent accounts seeking to answer these questions. After outlining their main features, I focus on some difficulties (...) they encounter, in particular with regard to the justification of exclusion. (shrink)

The paper argues that the idea of gift-giving and its associated imagery, which has been founding the ethics of organ transplants since the time of the first successful transplants, should be abandoned because it cannot effectively block arguments for markets in human body parts. The imagery suggests that human bodies or their parts are transferable objects which belong to individuals. Such imagery is, however, neither a self-evident nor anthropologically unproblematic construal of the relation between a human being and their body. (...) The paper proposes an alternative conceptualization of that relation, the identity view according to which a human being is identical with their living body. This view, which offers a new ethical perspective on some central concepts of transplant medicine and its ethical and legal standards and institutions, supports widely shared intuitive ethical judgments. On this proposal, an act of selling a human body or one of its parts is an act of trade in human beings, not in owned objects. Transfers of human body parts for treatment purposes are to be seen as sharing in another human being’s misfortune rather than as giving owned objects. From the perspective of policy-making, the proposal requires, first, that informed consent for removal of transplant material be obtained from the potential benefactor. Secondly, explicit consent by the prospective benefactor is obligatory in the case of removal of transplant material from a living benefactor. Thirdly, in the case of posthumous retrieval, informed consent by the potential benefactor during their life is not ethically indispensable. Additionally, while refusal of posthumous retrieval expressed by a potential benefactor during their life must be respected, such a refusal needs ethical justification and explanation. (shrink)

This paper argues that the Lockean proviso can be utilized as a relevant principle of justice for food security under global climate change. Since reducing GHG emissions is key to enhancing food security, we suggest a global food security scheme that systematically allots, among all people, access to GHG sinks in food systems impacted by global climate change. For consideration of the scheme, it is important to have a principle of justice. Furthermore, it should incorporate the value of fairness. A (...) relevant principle of climate justice for food security should meet the following criteria: (1) the parties concerned under the scheme are states; (2) fairness does not undermine the requirement that the basic needs of all people must be met; (3) when determining fair burdens, a fair distribution of the rights to use GHG sinks should be sensitive both to each state’s responsibility for its GHG emissions and to (4) each state’s effort to reduce such emissions. With them in mind, first, we argue that the Lockean proviso can provide legitimate guidance for each state. Second, the Lockean proviso reasonably enjoins that a state has a right to a food system that secures its citizens’ basic needs, and a duty to meet the basic needs of other people. Third, the Lockean proviso can be deployed as a principle of both global justice and intergenerational justice for food security. Finally, the Lockean proviso enables us to count the reduction of GHG emissions by each state as “the fruits of its labors”. (shrink)

Contrary to a widespread view, I argue that the contemporary notion of “human rights” does not have a comfortable home in Kant’s legal philosophy. Even the one “innate right of humanity,” that many consider the pre-institutional Archimedian starting point of Kant’ s argument, is a normative conception that is “juridified all the way down.” In the state of nature, all private rights are present only in the form of the consequents of conditional claims about legal rights of the form, “If (...) and only if in a juridified realm, then X,” with “X” referring to the specificities of positive law within a juridified realm. One objection claims that this proposal undermines the idea that there are powerful individual rights on a par with legal rights but pre-institutional. By means of responding to worries regarding stateless individuals and migrants, I show that even though human rights are foreign to a Kantian conception of legality, other resources in Kant’s practical philosophy stand ready to assuage the objection. (shrink)