Arguing that issues of both emissions and subsistence should be comprehended within a single framework of justice, the proposal here is that this broader framework be developed by reference to the idea of "ecological space.".

The international doctrine of human rights is one of the most ambitious parts of the settlement of World War II. Since then, the language of human rights has become the common language of social criticism in global political life. This book is a theoretical examination of the central idea of that language, the idea of a human right. In contrast to more conventional philosophical studies, the author takes a practical approach, looking at the history and (...) political practice of human rights for guidance in understanding the central idea. The author presents a model of human rights as matters of international concern, whose violation by governments can justify international protective and restorative action ranging from intervention to assistance. He proposes a schema for justifying human rights and applies it to several controversial cases-rights against poverty, rights to democracy, and the human rights of women. Throughout, the book attends to some main reasons why people are sceptical about human rights, including the fear that human rights will be used by strong powers to advance their national interests. The book concludes by observing that contemporary human rights practice is vulnerable to several pathologies and argues the need for international collaboration to avoid them. (shrink)

ABSTRACT:We provide a brief history of the business and human rights discourse and scholarship, and an overview of the articles included in the special issue.

ABSTRACT:We provide a brief history of the business and human rights discourse and scholarship, and an overview of the articles included in the special issue.

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

Reilly offers an account of cosmopolitan feminism as emancipatory political practice in an age of globalization. This entails a critical engagement with international human rights law; a global feminist consciousness that contests patriarchal, capitalist, and racist power dynamics in a context of neoliberal globalization; cross-boundaries dialogue that recognizes the intersectionality of forms of oppression; collaborative transnational strategizing on concrete issues; and the utilization of global forums as sites of cosmopolitan solidarity and citizen action.

The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with (...) moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being. The book also takes issue with political conceptions of international human rights that focus on the function or role that human rights plays in global political discourse. It demonstrates that human rights traditionally thought to lie at the margins of international human rights law - minority rights, indigenous rights, the right of self-determination, social rights, labor rights, and the right to development - are central to the normative architecture of the field. (shrink)

Volume 10, Issue 2, June 2019, Page 281-288.

The UK government has recently taken steps to exclude certain groups of migrants from free treatment under the National Health Service, most controversially from treatment for HIV. Whether this discrimination can have any coherent ethical basis is questioned in this paper. The exclusion of migrants of any status from any welfare system cannot be ethically justified because the distinction between citizens and migrants cannot be an ethical one.

Abstract: The cosmopolitan imagination constructs a world order in which the idea of human rights is an operative principle of justice. Does it also construct an idealisation of human rights? The radicality of Enlightenment cosmopolitanism, as developed by Kant, lay in its analysis of the roots of organised violence in the modern world and its visionary programme for changing the world. Today, the temptation that faces the cosmopolitan imagination is to turn itself into an endorsement of (...) the existing order of human rights without a corresponding critical analysis of the roots of contemporary violence. Is the critical idealism associated with Kantian cosmopolitanism at risk of transmutation into an uncritical positivism? We find two prevailing approaches: either the constitutional framework of the existing world order is presented as the realisation of the cosmopolitan vision, or cosmopolitanism is turned into a utopian vision of a world order in which power is subordinated to the rule of international law. I suggest that the difficulties associated with both wings of cosmopolitanism threaten the legitimacy of the project and call for an understanding and culture of human rights that is less exclusively "conceptual" and more firmly grounded in social theory. (shrink)

There is a puzzling disconnect between recent philosophical literature on equality and the modern theory and practice of human rights. This disconnect is puzzling because the modern human rights movement is arguably the most salient and powerful manifestation of the commitment to equality in our time. One likely source of this disconnect is the tendency of contributors to the philosophical literature on equality to focus on justice within the state, considered in isolation. This article begins the (...) task of connection. Section II outlines a philosophical conception of human rights, the Modest Objectivist View, according to which the list of human rights is grounded in descriptive and normative egalitarian assumptions about what is required to help ensure that every individual has the opportunity for a minimally good or decent human life. Next, I explore the resources of the Modest Objectivist View for rationally reconstructing the conventional conception of human rights. Section III examines challenges to the Modest Objectivist View’s egalitarian assumptions. Section IV explores the question of whether the minimal egalitarianism of the Modest Objectivist View is compatible with the more robust egalitarianisms advanced in recent philosophical literature. I conclude that the minimalist egalitarianism of human rights is compatible with more robust egalitarian principles, once we understand the distinctive function of human rights as standards of transnational justice. Key Words: basic interests • decent human life • egalitarianism • equality • minimally good life • Modest Objectivist View • minimalism • opportunity for a decent life • transnational justice. (shrink)

This article defends a novel, normative conception of the indivisibility of human rights. Human rights are indivisible because normative commitment to one mutually entails normative commitment to another. The normative conception enables us to defend three important theoretical and practical corollaries. First, as a conceptual thesis normative indivisibility lets us see how human rights constitute a unified system not liable to the typical counter-examples to indivisibility as mutual indispensability. Second, as a dialectical thesis, normative (...) indivisibility can support linkage arguments in defense of controversial human rights. And third, as a political thesis, normative indivisibility can show why the political thesis of indivisibility means that states lack discretion to ‘pick and choose’ which human rights to implement. (shrink)

In this chapter, I bring non-ideal theory to bear on the ethics of immigration. In particular, I explore what the obligations of liberal states would be if they were to attempt to implement migration arrangements that conform to liberal-cosmopolitan principles. I argue that some of the obligations states have are feasibility-insensitive, while some are feasibility-sensitive. I show that such obligations can have as their content both the inclusion and exclusion of prospective immigrants, and that they can be grounded in the (...) requirements of liberal justice, mere capacity to assist, as well as past or foreseeable contribution to harm. The chapter therefore explores the possibility of an international migration regime that takes human rights seriously whilst avoiding the twin pitfalls of strict immigration restrictions and the complete liberalization of immigration. (shrink)

Human rights may be the most globalized political value of our times. The rights paradigm has been criticized, however, for being theoretically unsound, legalistic, individualistic and based on the assumption that there is a given and universal humanness. Its use in the area of health is relatively new. Proponents point to its power to frame health as an entitlement rather than a commodity. The problems and the possibilities of a rights approach in addressing health ethics issues (...) are explored in this article. (shrink)

In this article the author analyses specific reservations that are being done to the international documents for the protection of human rights and whether Vienna Convention on the Law of the Treaties applies to those human rights treaties or not. Also, the author analyses if reservations, which are incompatible with object and purpose of the treaty, can be done or not and what consequences they might bring. For this reason the author describes the practice of the (...) state members under the Convention on the Elimination of All Forms of Discrimination against Women and International Covenant on Civil and Political Rights. These treaties were chosen not only because they laid down the most significant principles of the protection of human rights, but also due to the great number of reservations made to the fundamental provisions of these treaties. The importance of the topic is that in the human rights treaties the implementation of Vienna Convention on the Law of Treaties provisions on reservations brings several issues, even though on theoretical level the regulation of reservations seems unproblematic. Firstly, there is a major group of states (especially Islamic countries, which base their explanation on the incompatibility with Islamic law), which want to become parties to the treaties that protect human rights and make reservations to fundamental provisions of them at the same time. Secondly, the state parties that make objections to the reservations have to decide if the reservation is compatible with the object and purpose of the treaty or not. The regulation that is laid down in Vienna Convention on the Law of Treaties creates difficulties for the state parties and withdrawal of reservations seems to be more problematic in reality than it is in theory. In order to find the solutions for the above mentioned issues, the author analyses whether the Vienna Convention on the Law of the Treaties regime works properly within the mechanism of making reservations to the human rights treaties or not, what reservations should be kept invalid under the human rights treaties and what could be the solutions for the most effective protection from the invalid reservations that address fundamental rights of human beings in the human rights law. (shrink)

In a recent important book,The Ethics of International Business, Tom Donaldson argues that multinational corporations (as well as individuals and nationstates) must, at a minimum, respect international human rights. For a purported right to be such a fundamental right it must satisfy three conditions. Donaldson calls the third condition the fairness-affordability condition. The affordability part of this condition holds that moral agents must be capable of paying for the burdens and responsibilities that a proposed human right would (...) impose. If this is impossible, then the purported right is not an international human right.I argue that Donaldson''s affordability condition is subject to four objections which reveal its untenability as one of the conditions upon which identification of international human rights must rest. I offer another way of treating problems of affordability and capability when it comes to such rights that all moral agents must respect. (shrink)

ABSTRACT:We provide a brief history of the business and human rights discourse and scholarship, and an overview of the articles included in the special issue.

Legal scholars and theorists have recently drawn a more sustained attention to the link between international human rights law (hereafter IHRL) and international criminal law (hereafter ICL). This concerns both positive and more normative accounts of the link. Whether positive or normative, the predominant approach to constructing the link is substantive. This overlap is normatively justified in similar terms by reference to a subset of moral human rights. In this paper, I offer an alternative to the (...) substantive approach. After identifying two flaws in the substantive approach (the problem of threshold and the problem of ethical neutrality), I defend what I call a structural account by focusing on duty‐holders. I start by reconstructing two structural characteristics common to IHRL and ICL qua international legal regimes: who has the authority to address violations of IHRL and ICL, and who can be liable for those violations. I then infer that public authority (functionally construed) constitutes the common structural core of IHRL and ICL. I rely on the extraterritorial application of IHRL and on the collective dimension of ICL violations to further support the argument. I finally offer an argument explaining the normative point of those structural features. I hold that IHRL and ICL (their adjudicative and liability regimes) are both necessary (but clearly not sufficient) to render this exercise of public authority legitimate to its subjects. (shrink)

Although Daniel Engster's “caring” human rights are, on the surface, a compelling way to bring the concept of care into the international political realm, I argue they actually serve to perpetuate some of the same problems of mainstream human-rights discourses. The problem is twofold. First, Engster's particular care theory relies on an uncritical acceptance of our dependence relations. It can, therefore, not only overlook how local and global institutions, norms, and the marketplace shape our relations of (...) dependence, but also serve to further naturalize our current dependence relations. Second, Engster's caring human rights are only minimally feminist, which means that they do not pay attention to the way in which women's full and equal political participation is a necessary component to challenging and overcoming the oppression, marginalization, and exploitation of women and their caring labor worldwide. Although I am sympathetic to Engster's goals and some of his proposed policy solutions, I argue that we should not abandon the critical, feminist lens of care ethics in favor of “caring” human rights that cannot overcome the care critique of mainstream human-rights discourses. (shrink)

The health and human rights movement (HHR) shows obvious signs of maturation both internally and externally. Yet there are still many questions to be addressed. These issues include the movement’s epistemological status and its perspectives of development. This paper discusses critically the conditions of emergence of HHR, its identity, its dominant schools of thought, its epistemological postures and its methodological issues. Our analysis shows that: (a) the epistemological status of HHR is ambiguous; (b) its identity is uncertain in (...) the absence of a validated definition: is it an action movement, an interdisciplinary field, a domain, an approach, a setting or a scientific discipline? (c) its main schools of thoughts are defined as “advocacists”, “ethicists”, “interventionists”, “normativists”; (d) the movement is in the maturation process as a discipline in which “interface”, “distance”, “interference” and “fusion” epistemological postures represent the fundamental steps; (e) parent disciplines (health sciences and law) competences, logics and cultures introduce duality and difficulties in knowledge production, validation and diffusion; (f) there is need to re-write the history of the HHR movement by inscribing it not only into the humanitarian or public health perspectives but also into the evolution of sciences and its social, political and economical conditions of emergence. The ambiguous epistemological status of this field, the need to re-write its history, the methodological duality in its research, the question of the competence of the knowledge validation, as well as the impact of HHR practice on national and international health governance are the challenges of its future development. To meet those challenges; we call for the creation and implementation of an international research agenda, the exploration of new research topics and the evaluation of the movement’s contribution to the national and global public health and human rights governance. (shrink)

One domain of corporate responsibility that is receiving considerable attention is whether and to what extent corporations have human rights obligations. The United Nations, through the work of Special Representative to the Secretary-General John Ruggie, has developed a framework seeking to clarify the responsibilities of businesses related to human rights. However, this framework adopts a limited, “do no harm” expectation for corporations that fails to capture the positive role that corporations can play in this social responsibility (...) domain. In this paper we take up the institutional pressures affecting corporations with regard to human rights, summarize some of the critiques of the Ruggie framework, offer moral imagination and stakeholder engagement as complements to this framework’s current approach, and conclude with a dialectical analysis that in time might lead to a new consensus in this area. (shrink)

One domain of corporate responsibility that is receiving considerable attention is whether and to what extent corporations have human rights obligations. The United Nations, through the work of Special Representative to the Secretary-General John Ruggie, has developed a framework seeking to clarify the responsibilities of businesses related to human rights. However, this framework adopts a limited, “do no harm” expectation for corporations that fails to capture the positive role that corporations can play in this social responsibility (...) domain. In this paper we take up the institutional pressures affecting corporations with regard to human rights, summarize some of the critiques of the Ruggie framework, offer moral imagination and stakeholder engagement as complements to this framework’s current approach, and conclude with a dialectical analysis that in time might lead to a new consensus in this area. (shrink)

While it is generally assumed that large corporations today give rhetorical support for basic human rights in public relations documents, skepticism continues toarise about the behavior of these firms. Do company actions support their rhetoric? This paper provides the initial analysis of our study of both rhetoric and practice regarding human rights in a small sample of large U.S. firms. At this point in the analysis, UNGC membership does not appear to have much influence on corporate (...) rhetoric, but may be partially correlated with several measures of corporate performance on human rights issues. (shrink)

While it is generally assumed that large corporations today give rhetorical support for basic human rights in public relations documents, skepticism continues toarise about the behavior of these firms. Do company actions support their rhetoric? This paper provides the initial analysis of our study of both rhetoric and practice regarding human rights in a small sample of large U.S. firms. At this point in the analysis, UNGC membership does not appear to have much influence on corporate (...) rhetoric, but may be partially correlated with several measures of corporate performance on human rights issues. (shrink)

This article’s central aim is to debunk the overly simplified, paradigmatic, and essentialist description of certain types of Muslim sexuality, arguing that such essentialist characterization of Muslims ignores the nonunique social determinants (poverty, education, and sociostructural exclusions) of HIV/aids risk in an increasingly globalized world. To support this argument, we rely on a thematic and comparative analysis. A reoccurring theme in this project is that issues of public health, human rights, justice, and social empowerment are inextricably intertwined. Having (...) established a conceptual framework linking health and human rights, we use a comparative analysis of the cases of Iran, Indonesia, and Bangladesh in an attempt to single out similarities and differences among these cases. All these cases hold a majority Muslim population (at 98%, 86%, and 89%, respectively) and are also representative of the two primary strands of Islam: Shi’a and Sunni. Additionally, each of these states has signed the Declaration of Commitment on HIV/aids and reports the progress of their HIV/aids treatment and prevention efforts to United Nations Program on HIV/aids, the United Nations organization tasked with monitoring and combating the spread of HIV/aids. (shrink)