Following the offshoring of production to developing countries by transnational corporations, unions and non-governmental organisations have criticised working conditions at TNCs' offshore factories. This has led to the emergence of two different approaches to operationalising TNC responsibilities for workers' rights in developing countries: codes of conduct and global agreements. Despite the importance of this development, few studies have systematically compared the effects of these two different ways of dealing with workers' rights. This article addresses this gap by analysing how (...) codes of conduct and global agreements both independently and interactively affect workers' rights. We do this based on a qualitative study of the Sri Lankan operations of a Swedish TNC in Sri Lanka, and on interviews with union and NGO representatives actively involved in codes of conduct and global agreements. Our results indicate that global agreements independently address all the aspects included in codes of conduct, while also addressing additional, more process-oriented aspects of workers' rights. Hence, on their own, global agreements seem to comprise the superior approach to promoting workers' rights. Furthermore, our results indicate that promoting codes of conduct has negative interactive effects on global agreements. Based on these results, we argue that the current focus on codes of conduct is counterproductive for the promotion of workers' rights. (shrink)

Following the offshoring of production to developing countries by transnational corporations (TNCs), unions and non-governmental organisations (NGOs) have criticised working conditions at TNCs' offshore factories. This has led to the emergence of two different approaches to operationalising TNC responsibilities for workers' rights in developing countries: codes of conduct and global agreements. Despite the importance of this development, few studies have systematically compared the effects of these two different ways of dealing with workers' rights. This article addresses this gap by (...) analysing how codes of conduct and global agreements both independently and interactively affect workers' rights. We do this based on a qualitative study of the Sri Lankan operations of a Swedish TNC in Sri Lanka, and on interviews with union and NGO representatives actively involved in codes of conduct and global agreements. Our results indicate that global agreements independently address all the aspects included in codes of conduct, while also addressing additional, more process-oriented aspects of workers' rights. Hence, on their own, global agreements seem to comprise the superior approach to promoting workers' rights. Furthermore, our results indicate that promoting codes of conduct has negative interactive effects on global agreements. Based on these results, we argue that the current focus on codes of conduct is counterproductive for the promotion of workers' rights. (shrink)

In combining the micropolitics approach in international management, the industrial relations literature and business ethics, this article conceptualizes global framework agreements as an alliance between central CSR managers of transnational corporations and central actors within trade unions to monitor subsidiaries in the implementation of CSR policies. The empirical investigation, based on the qualitative analysis of ten French multinational companies, confirms the relevance of such a conceptualization. It particularly shows that central CSR managers hope mobilizing the union network to increase (...) their capacity to supervise subsidiaries. Over there, it helps understanding concrete mechanisms adopted to implement global framework agreements since, in some of the studied cases, the managerial and union channels are coordinated precisely to strengthen this capacity. It, then, highlights the procedural nature of policies regarding global framework agreements. Overall, this paper examines the conditions necessary for mobilization of the union network and suggests avenues for future research. (shrink)

This essay examines the controversy over the attempt to establish rules governing global capital flows in the Multilateral Agreement on Investment (MAI), which became a target of “antiglobalization” activism. Making sense of the activists' concerns about the MAI requires understanding how the emergence of transnational standards in contemporary globalization constitutes an exercise in power. I develop the concept of “network power” to explain the way in which the rise of a single coordinating standard for global activity can (...) be experienced as coercive, as it eclipses alternative standards and abrogates the genuinely free choice among different conventions. Using a network‐power analysis, I reinterpret the controversy over the MAI as a concern about the processes by which neoliberal globalization is being brought about. (shrink)

Using food regime analysis, this paper critically analyzes how corporate actors amass, secure and apply power in the global agrifood system through International Investment Agreements (IIAs). IIAs are a key enabler of increasing corporate power in the agrifood system. We focus on three sets of investment provisions in IIAs: (a) the stringent enforceability mechanism of the investor-state dispute settlement (ISDS) system, (b) the expansion of the concept of expropriation, and (c) limitations or prohibitions on host countries to impose performance (...) requirements on foreign investors. We argue that these provisions compromise fairness in the international economic system. Attracted by promises of technology transfer, economic growth and employment, host states often prioritize policies that favor foreign investors even if such policies compromise domestic policy space. We provide analysis and examples of escalating corporate power at different stages of the industrial and transgenic model of agriculture. (shrink)

A treaty to regulate the global antimicrobial commons can be appropriately framed around the model provided by multilateral environmental agreements. At the same time, it is not clear that a comprehensive treaty is the only possible entry point and other options, such as an agreement on technology transfer or funding may be apt starting points. Any legal instrument adopted to regulate the global antimicrobial commons needs to reflect the global South-North dichotomy and integrate the principle of (...) common but differentiated responsibilities and respective capabilities. Further, it would need to go beyond environmental instruments that have been structured around the sovereign interests of negotiating states even when dealing with issues of global concern, such as climate change. The proposed legal instrument would also need to be based not just on the precautionary principle as a marker of the necessity to address the negative environmental and health impacts, but also be based on the interests of patients and integrate concerns raised in terms of the human right to health. (shrink)

Locke argues that the consent of market participants to the introduction of money justifies the economic inequalities resulting from monetarization. This paper shows that Locke’s argument fails to justify such inequalities. My critique proceeds in two parts. Regarding the consequences of the consent to money, neo-Lockeans wrongly take consent to justify inequalities in the original appropriation of land. In contrast, I defend the view that consent can only justify inequalities resulting directly from monetized commercial exchange. Secondly, regarding the nature of (...) consent, neo-Lockeans uncritically accept Locke’s account of money as a natural institution. In contrast, I argue that money is an irreducibly political institution and that monetary economies cannot develop in the state of nature. My political account of money has far-reaching implications for the normative analysis of the global monetary system and the justification of the economic inequalities consequent upon it. (shrink)

An international legal agreement governing the global antimicrobial commons would represent the strongest commitment mechanism for achieving collective action on antimicrobial resistance (AMR). Since AMR has important similarities to climate change—both are common pool resource challenges that require massive, long-term political commitments—the first article in this special issue draws lessons from various climate agreements that could be applicable for developing a grand bargain on AMR. We consider the similarities and differences between the Paris Climate Agreement and current (...) governance structures for AMR, and identify the merits and challenges associated with different international forums for developing a long-term international agreement on AMR. To be effective, fair, and feasible, an enduring legal agreement on AMR will require a combination of universal, differentiated, and individualized requirements, nationally determined contributions that are regularly reviewed and ratcheted up in level of ambition, a regular independent scientific stocktake to support evidence informed policymaking, and a concrete global goal to rally support. (shrink)

At the United Nations climate change conference in 2011, parties decided to launch the “Durban Platform” to work towards a new long-term climate agreement. The decision was notable for the absence of any reference to “equity”, a prominent principle in all previous major climate agreements. Wealthy countries resisted the inclusion of equity on the grounds that the term had become too closely yoked to developing countries’ favored conception of equity. This conception, according to wealthy countries, exempts developing countries from (...) making commitments that are stringent enough for the collective effort needed to avoid dangerous climate change. In circumstances where even mentioning the term equity has become problematic, a critical question is whether scope for a fair agreement is being squeezed out of negotiations. To address this question we set out a conceptual framework for normative theorizing about fairness in international negotiations, accompanied by a set of minimal standards of fairness and plausible feasibility constraints for sharing the global climate change mitigation effort. We argue that a fair and feasible agreement may be reached by (i) reforming the current binary approach to differentiating developed and developing country groups, in tandem with (ii) introducing a more principled approach to differentiating the mitigation commitments of individual countries. These two priorities may provide the basis for a principled bargain between developed and developing countries that safeguards the opportunity to avoid dangerous climate change without sacrificing widely acceptable conceptions of equity. (shrink)

Bilateral trade agreements are the preferred mode of transnational regulation for the People’s Republic of China. China has made promises on labor rights in draft bilateral agreements that it has not previously made in any other venue. The future of transnational labor regulation requires Chinese participation. Bilateral agreements should therefore become a normal part of transnational labor law. Model labor rights provisions for bilateral agreements should be promulgated. Consultative and informal enforcement will be necessary.

Todos los Acuerdos de Libre Comercio (ALCs) concluidos recientemente por la Unión Europea (UE) incluyen capítulos sobre Comercio y Desarrollo Sostenible (CDS) donde se recogen compromisos mutuos en materia laboral y medioambiental. Las disposiciones sobre medio ambiente mencionan expresamente los acuerdos multilaterales que cada Parte se compromete a cumplir, como el Acuerdo de París sobre cambio climático. Sin embargo, la falta de un mecanismo de ejecución efectiva en caso de incumplimiento de las disposiciones sobre CDS merma la credibilidad de los (...) compromisos de sostenibilidad. El ALC de la UE con Nueva Zelanda representa un punto de inflexión en esta tendencia, ya que introduce un nuevo modelo de aplicación. Con respecto a los compromisos climáticos, en particular, el ACL incluye objetivos ambiciosos que, unido al nuevo enfoque de aplicación, podrían incorporarse a futuros ALCs de la UE, contribuyendo así de forma importante a la lucha global contra el cambio climático. (shrink)

Most bioethicists who address questions to which global justice matters have not considered the significance of the disputes over the correct theory of global justice. Consequently, the significance of the differences between theories of global justice for bioethics has been obscured. In this paper, I consider when and how these differences are important. I argue that certain bioethical problems can be resolved without addressing disagreements about global justice. People with very different views about global justice (...) can converge on the existence of a duty to aid the very badly off — those in absolute poverty — wherever they may be. However, despite agreement on extreme cases, there should be disagreement over the extent of international obligations to those who are only relatively poor. Consequently, different theories of justice will diverge in their implications for a number of important problems in contemporary bioethics. I close by sketching in more detail two contemporary bioethical issues —concerning pharmaceutical patents and the health worker brain drain —and show how responses to them might be developed by cosmopolitan and statist liberals. (shrink)

This chapter contains sections titled: The Science of Global Warming The Impacts of Global Warming Can We Believe the Evidence? International Agreement Required What Actions Can Be Taken?

The inclusion of animals in research studies involves a great responsibility to ensure animal welfare within the relevant ethical and legal frameworks. This study aimed to review compliance with the ARRIVE Essential 10 requirements and the ethical oversight of animal behaviour and welfare studies in farm animals. Three journals and a total of 133 articles were reviewed for compliance with the ARRIVE Essential 10 items and criteria. Each article obtained a final score according to whether or not each criterion was (...) met within each item. Likewise, ethical declaration in each article was recorded. Chi-square test and linear models were built to assess associations between the ethical statement presentation and the final ARRIVE Essential 10 score with the country, the species, and the journal. We found that 15% of the articles did not present an ethical statement. The journal with the highest impact factor and the countries of the Global South presented an ethical statement more frequently. Regarding the Essential 10, the item with the lowest agreement score was ‘Blinding’ and the one with the highest agreement was ‘Outcome Measures’. Also, significant differences were found between journals in terms of the Essential 10 score. Essential 10 provides relevant information that allows reviewers and readers to identify possible welfare risks and the validity of the results in animal welfare science publications. (shrink)

Company–community agreements are widely considered to be a practical mechanism for recognising the rights, needs and priorities of peoples impacted by mining, for managing impacts and ensuring that mining-derived benefits are shared. The use and application of company–community agreements is increasing globally. Notwithstanding the utility of these agreements, the gender dimensions of agreement processes in mining have rarely been studied. Prior research on women and mining demonstrates that women are often more adversely impacted by mining than men, and face (...) greater challenges in accessing development opportunities that mining can bring. Nonetheless, there is currently little guidance for companies, government or communities in bringing a gender perspective to the fore in mining and agreement processes. It is undisputed in human development literature that investment in women and sensitivity to gender delivers long-term health, education and local development outcomes. In mining and development, a number of key factors remain unexplored. These include: women’s participation in agreement processes, the gendered distribution of agreement benefits, and the extent to which impacts and benefits influence women’s development and economic inclusion. This paper presents the results of the first phase of an applied research project undertaken by the Centre for Social Responsibility in Mining at The University of Queensland and funded by the Minerals Council of Australia and the Department of Foreign Affairs and Trade. The project sought to connect with experienced practitioners who had been directly involved in mining and agreement processes to document and analyse grounded perspectives on gender dynamics and agreements, and connect those experiences with the broader literature. Findings from this study have implications for the role of mining companies and governments in promoting gender equality and empowerment as part of their commitments to sustainable development. They also have implications for community groups and their representatives in terms of how they might engage in agreement processes to maximise women’s participation and influence. In many social contexts, a key challenge will be navigating the territory of cultural norms and gender equality, particularly in cultures where women’s influence in the public sphere is not strong. The authors argue that without consideration of a gender perspective, including gender’s intersection with other factors such as class, race, poverty level, ethnic group and age, mining agreements will not be inclusive, may exacerbate gender inequalities, and fail to contribute to long-term sustainable development. (shrink)

The nature and effectiveness of any international legal agreement is heavily shaped by the forum in which it is negotiated and implemented. This includes both the substantive content that global policymakers agree upon and the subsequent state compliance with those provisions. Forums differ in their institutional characteristics, thereby providing unique opportunities and costs for participating actors. Forums may have different mandates, capacities, cultures, members, and legal processes — all of which ultimately affect distributions of power and influence. These (...) differences then shape how issues are framed, the content of agreements as they are negotiated, and the incentives states have to comply with any obligations. (shrink)

This chapter contains sections titled: Introduction The Shipwreck of the Richmond and the Duty to Rescue The Ethics of Global Access to Essential Medicines Conclusion References.

In 2001, 178 of the world's nations reached agreement on a treaty to combat global climate change brought on by anthropogenic emissions of greenhouse gases. Despite the notable omission of the United States, representatives of the participants, and many newspapers around the world, expressed elation. Margot Wallström, the environment commissioner of the European Union, went so far as to declare, “Now we can go home and look our children in the eye and be proud of what we have (...) done.”In this article, I argue for two theses. First, the rhetoric and euphoria surrounding the 2001 deal is misplaced. This is not, as is often said, because the Kyoto agreement is too demanding but rather because it is much too weak. In particular, the Kyoto agreement does little to protect future generations. On the contrary, (at best) it seems to be a prudent wait-and-see policy for the present generation, narrowly defined. Hence, even those countries who have endorsed the Kyoto agreement should be wary of looking their children in the eye, and none should relish facing their children's children.Second, the failure of the Kyoto agreement can be explained in terms of the underlying structure of the problem. Climate change involves the intersection of a complex set of intergenerational and intragenerational collective action problems. This structure, and in particular its intergenerational aspect, has not been adequately appreciated. Yet until it is, we are doomed to an ineffectual environmental policy. (shrink)

This article assesses which policies for addressing antibiotic resistance as part of a multi-pronged approach would benefit from legalization through an international legal agreement. Ten candidate policies were identified based on a review of existing literature, especially The Lancet Series on Antimicrobial Resistance, The Lancet Infectious Diseases Commission on AMR, and the World Health Organization Global Action Plan for AMR. These policies were then grouped under the headings of access, conservation, and innovation.Each of the ten policies were assessed (...) using four criteria developed by Hoffman, Røttingen, and Frenk to help consider why their legalization may be helpful, necessary and/or justified. These criteria are: the problem has a significant transnational dimension; the goal justifies the coercive nature of law; the outcome is likely to be beneficial; and legalization represents the best commitment mechanism among competing alternatives. (shrink)

Most significant policy issues facing humanity reach across national borders. Consequential political decisions with cross-national effects are frequently made by states, non-state organisations, and corporations. Under these circumstances, it is widely acknowledged that it is important to conduct deliberation at the global level. Below this shallow agreement, however, lies deep disagreement about a crucial question: how, if at all, is it morally permissible for deliberation to result in a set of international laws and rules that are imposed on (...) a world population which is deeply pluralistic in its moral and political attitudes? When the equivalent question is asked within the confines of a political community, one prominent answer is by reference to a standard of public reason. While there is a large literature about public reason at the domestic level, the literature on global public reason is comparatively underdeveloped. The paper addresses this lacuna in two ways. First, it motivates the global public reason project, and conceptualises the nature of the challenge that accounts of global public reason face. Second, it demonstrates that, by their own evaluative standards, existing accounts of global public reason are unable to satisfy both desiderata simultaneously, being either too ‘thick’ or too ‘thin’. (shrink)

Three strategies for developing just and consistent global business practices are examined: 1) international treaties and agreements, 2) global codes of business conduct, and 3) voluntary self-restraint. International agreements investigated are: NAFTA, Global Warming Treaty, OECD Anti-Bribery Treaty and Infant Formula Agreement. The codes examined are the Caux Round Table’s Principles for Business, The Global Sullivan Principles and The United Nations Global Compact with Business. Each of these three strategies is probed for its relative (...) strengths and weaknesses, and its prospects for developing ethical business practices—especially in the areas of improving the environment, human rights and working conditions. (shrink)

Three strategies for developing just and consistent global business practices are examined: 1) international treaties and agreements, 2) global codes of business conduct, and 3) voluntary self-restraint. International agreements investigated are: NAFTA, Global Warming Treaty, OECD Anti-Bribery Treaty and Infant Formula Agreement. The codes examined are the Caux Round Table’s Principles for Business, The Global Sullivan Principles and The United Nations Global Compact with Business. Each of these three strategies is probed for its relative (...) strengths and weaknesses, and its prospects for developing ethical business practices—especially in the areas of improving the environment, human rights and working conditions. (shrink)

The singular message in Global Health Law is that we must strive to achieve global health with justice—improved population health, with a fairer distribution of benefits of good health. Global health entails ensuring the conditions of good health—public health, universal health coverage, and the social determinants of health—while justice requires closing today’s vast domestic and global health inequities. These conditions for good health should be incorporated into public policy, supplemented by specific actions to overcome barriers to (...) equity. A new global health treaty grounded in the right to health and aimed at health equity—a Framework Convention on Global Health —stands out for its possibilities in helping to achieve global health with justice. This far-reaching legal instrument would establish minimum standards for universal health coverage and public health measures, with an accompanying national and international financing framework, require a constant focus on health equity, promote Health in All Policies and global governance for health, and advance the principles of good governance, including accountability. While achieving an FCGH is certainly ambitious, it is a struggle worth the efforts of us all. The treaty’s basis in the right to health, which has been agreed to by all governments, has powerful potential to form the foundation of global governance for health. From interpretations of UN treaty bodies to judgments of national courts, the right to health is now sufficiently articulated to serve this role, with the individual’s right to health best understood as a function of a social, political, and economic environment aimed at equity. However great the political challenge of securing state agreement to the FCGH, it is possible. States have joined other treaties with significant resource requirements and limitations on their sovereignty without significant reciprocal benefits from other states, while important state interests would benefit from the FCGH. And from integrating the FCGH into the existing human rights system to creative forms of compliance and enforcement and strengthened domestic legal and political accountability mechanisms, the treaty stands to improve right to health compliance. The potential for the FCGH to bring the right to health nearer universal reality calls for us to embark on the journey towards securing this global treaty. (shrink)

The Global Ethic is the set of basic principles of right and wrong which in fact are found in all the major, and not so major, religions and ethical systems of the world, past and present. It does not go beyond the existing commonalities. However, this de facto existing broad basic agreement on ethical principles, unfortunately, is largely unknown by most religious and ethical persons. If they were aware of this commonality, that would provide a broad basis for (...) serious dialogue and collaboration among the adherents of all the religions and ethical systems of the world. Lacking that awareness, far too often different religions and ethical systems foster destructive, rather than constructive, relations. Hence, it is vital to foster a conscious knowledge of the de facto existing Global Ethic. The Movement for a Global Ethic - drafting of a Universal Declaration of a Global Ethic and promoting knowledge and practice - was launched in 1991. Where did the idea of a movement for a Universal Declaration of a Global Ethic come from? New ideas, new movements, don't just appear out of thin air. When "integrating" forces pointing toward something "new" gradually gather below the conscious level, they slowly reach a critical point, and then suddenly a "new" idea will "precipitate," like the "quality of mercy, which droppeth as the gentle rain from heaven upon the place beneath." Thus, it also happened with the Movement for a Global Ethic. In this book, Dr. Leonard Swidler and 11 colleagues propose their perspectives on the Global Ethic from the vantage points of various religions. (shrink)

The increasing gap between organ supply and demand has opened the door for illegal organ sale, trafficking of human organs, tissues and cells, as well as transplant tourism. Currently, underprivileged and vulnerable populations in resource-poor countries are a major source of organs for rich patient-tourists who can afford to purchase organs at home or abroad. This paper presents a summary of international initiatives, such as World Health Organization’s Principle Guidelines, The Declaration of Istanbul, Asian Task Force Recommendations, as well as (...) UNESCO’s and the United Nation’s initiatives against trafficking of human organs, tissues, cells, and transplant tourism. Beyond the summary, it calls for more practical measures to be taken to implement the existing guidelines and recommendations, in order to prevent exploitation of the poor as organ providers. The paper suggests that an international legally binding agreement in criminalizing organ trafficking would be a step forward to bring a change in the global picture of organ trafficking and transplant tourism. (shrink)

The 1992 Convention on Biological Diversity (CBD) and its 2010 Nagoya Protocol brought about a breakthrough in global policy making. They combined a concern for the environment with a commitment to resolving longstanding human injustices regarding access to, and use of biological resources. In particular, the traditional knowledge of indigenous communities was no longer going to be exploited without fair benefit sharing. Yet, for 25 years after the adoption of the CBD, there were no major benefit sharing agreements that (...) led to significant funding streams for indigenous communities. This changed with the signing of the Rooibos Benefit Sharing Agreement in South Africa, described in this paper. As the authors report, the Rooibos Agreement is a superlative in two respects. It is the biggest benefit sharing agreement between industry and indigenous peoples to date. It is also the first industry-wide agreement to be formed in accordance with biodiversity legislation. This article is a co-production between traditional knowledge holders, the lawyer who represented their interests, the Co-Chair of the Nagoya Protocol negotiations, and an ethicist who analyzed the major challenges of this historic agreement. With no precedent in the benefit sharing world, the agreement stands as a concrete example of the ‘art of the possible.’ Although the rooibos case is unique in a number of aspects, the experience offers many transferable insights, including: patience; incrementalism; honesty; trust; genuine dialogue; strong legal support; a shared recognition that a fair, win-win deal is possible; government leadership; and unity amongst indigenous peoples. Such ingredients of success can apply well beyond southern Africa. (shrink)

Over the past 20 years, global ethics has come to be conceived in different ways. Two main tendencies can be distinguished. One asks from whence global ethics comes and defines ‘global ethics’ as arising from globalization. The other tendency is to ask whither global ethics must go and thus defines ‘global ethics’ as a destination, namely arriving at a comprehensive global ethic. I will note some types of discussion that may have been wrongly excluded (...) from the scope of global ethics by one or the other. In addition, I take notice of recent debates and concerns about risks that global ethics may become a neo-colonial activity. These concerns raise a further conceptual question. Should ‘global ethics’ be defined in a normative fashion, so as to exclude neo-colonial approaches that may be damaging to the credibility of global ethics? In response to these alternatives – whence vs. whither, descriptive vs. normative – I will propose a middle way. I begin by defining ‘global problems’ as those that will cause harm in the absence of cross-border cooperation. In a descriptive sense, any ethical statements about global problems should be included within the scope of global ethics. On the other hand, I will propose a more specific normative conception of the central task of global ethics: seeking reasonable and responsible agreement on global problems, agreement based on possibly diverse moral grounds. (shrink)

Due to the implementation of global education and global citizenship education in the 21st century, more focus is given to developing teachers’ global competence in English language teaching. This study aims to examine the perceptions of English as a Second Language teachers of global competence integration in English teaching and the professional development programs organized by the Ministry of Education for their global competence development. A web-survey questionnaire was distributed to 172 Malaysian ESL teachers based (...) on selected criteria. The data collected were analyzed descriptively. The main findings indicated that most ESL teachers showed positive perceptions regarding the importance of global competence and integration in English lessons. Although 83.1% of the 172 participants agreed to have attended 10 or more programs related to developing global competence, the descriptive analysis found the ESL teachers’ moderate knowledge and understanding of what constitutes global competence. In contrast, a high agreement was found regarding their perceptions of the importance of global competence in ESL lessons. Also, most respondents revealed the lack of support from the MOE through professional development programs specifically structured to develop ESL teachers’ global competence. The findings served as a template for a larger-scale study that focuses on implementing global competence in the local non-western context. (shrink)

Nanomaterials are handled in global value chains for many different products, albeit not always recognisable as nanoproducts. The global market for nanomaterials faces an uncertain future, as the international dialogue on regulating nanomaterials is still ongoing and risk assessment data are being collected. At the same time, regulators and civil society organisations complain about a lack of transparency about the presence of nanomaterials on the market. In the project on Sustainable Nanotechnologies, a Decision Support System has been developed, (...) primarily for confidential use by risk and sustainability managers inside a company or consortium. In this article, we formulate a scenario concerning a potential role for an open access decision support system in negotiations on international agreements regulating trade in nanomaterials. The scenario includes design rules for decision support systems as well as procedures for use of such a system in stakeholder dialogue and policy-making on governance of these and other emerging technologies. This article incorporates analysis of results of stakeholder engagement on nanomaterials as well as literature and internet sources suggested by these stakeholders. (shrink)

The phenomenon of global warming, the anthropogenic theory of its genesis and some of the implications of that theory are introduced as a case-study of a global environmental problem involving issues of equity between peoples, generations and species. In particular, recognition of the view that the absorptive capacities of the atmosphere comprise an instance of the Common Heritage of Humankind would have a key bearing on negotiations downstream from the Kyoto Protocol, suggesting the proportioning of emission quotas to (...) population, and also limits to the inter-state trading of quotas. This view and these possible implications are discussed; international regimes with such a basis are argued to have a firmer foundation than ones based on historical emission levels (such as the Kyoto agreement), and to escape the charge of anthropocentrism to which stress on the Common Heritage of Humankind appears to expose them. The anthropogenic theory might be held, instead, to favour tying emissions quotas to aggregate historical emissions of the last two centuries. But intergenerational equity requires a sustainable international regime, based on universal principles rather than history. (shrink)

This article examines and rejects the view that nonhuman animals cannot be recipients of justice, and argues that the main reasons in favor of universal human rights and global justice also apply in the case of the international protection of the interests of nonhuman animals. In any plausible theory of wellbeing, sentience matters; mere species membership or the place where an animal is born does not. This does not merely entail that regulations of the use of animals aimed at (...) reducing their suffering should be implemented. It actually supports the end of such use, as well as other positive steps to provide help and to promote what is good not only for domesticated animals, but also for those living in the wild. Another reason to bring the protection of animals' interests into the international arena is that it is at this level that numerous animal exploitation industries enjoy the protection of different agreements and institutions. It does not follow from this that changing international law should be animal advocates' first priority, but it does follow that they should conduct their work internationally and not limit it to their own countries. (shrink)

Due to the development of transnational communicative and economic structures, nation states are increasingly unable to be the starting point for journalistic regulation. In this chapter, therefore, I raise the question whether it is possible – and desirable – to have transnational rules for ethically good journalism. I argue that ethical evaluations should focus upon the meeting between normative ideals and factual realities. This meeting is always open because ideals can challenge reality, just as reality can challenge ideals. Ethical questions (...) are thus always raising a fundamental “maybe”. Traditionally the ideals of journalists have been articulated in close affiliation with ideas of the Fourth Estate. However, due to our globalised communicative structure, this articulation is in need of revision. I argue that the ethical requests change because the structure of Internet-based publics changes. Departing from this situation I suggest that journalistic products are ethically urgent insofar as they both bring communities together and give voice to the inarticulate or voiceless. I argue that in order to substantiate this approach it is important to articulate rules, because rules further the possibility of deliberating disagreements. The notion of deliberating disagreement is at the core of ethical discussions. I suggest that Habermas’ discourse ethics account may serve as a starting point for articulating a robust body of journalistic ethics. However, two moderations are important: On one hand, the rules and codes should be articulated against a “globalised we”, rather than against the nation state. On the other hand, it is important to realise that the rules do not robustly prescribe what to do. They should serve as a starting point for articulating and discussing disagreements. The openness of the global “maybe” does not call for global agreement but rather for the possibility of discussing disagreements. (shrink)

For centuries, international trade has been seen as essential to the wealth and power of nations. More recently we have started to understand its problematic role as an engine of distributive justice. In this compelling book Frank J. Garcia proposes a new way to evaluate, construct and manage international trade - one that is based on norms of economic justice, comparative advantage and national interest. Garcia examines three ways to conceptualize the problem of trade and global justice, drawn from (...) Rawlsian liberalism, communitarianism and consent theory. These approaches illustrate specific issues of importance to the way global justice has been theorized, offering a pluralistic mode of arguing for global justice and highlighting the unique modes of discourse we employ when engaging with global justice and their implications for conceptualizing and arguing the problem. Garcia suggests a new direction for trade agreements built around truly consensual trade negotiations and the kind of international economic system they would structure. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Global Health Careers:Serving the Navajo CommunityMaricruz Merino, Jonathan Iralu, and Sonya ShinGallup Indian Medical Center (GIMC) sits on a hilltop in Gallup, New Mexico, a town of 20,000 in the four corners region of the Southwestern United States. From its third story windows one can see the red cliffs of the nearby Navajo Nation, a 27,000 square mile reservation that reaches into Arizona, northern New Mexico, and the (...) southern edges of Utah. It is a vast, rural landscape that houses more than 350,000 Navajos. For many on the reservation, healthcare is provided by Indian Health Service hospitals such as GIMC."Are you going to stay?" is a common question for new doctors at GIMC. The Navajo know that their geographic location, while beautiful and attractive to many young providers, will also be the reason they leave. It is hard for doctors to be away from their own homelands. Aging parents get sick, [End Page 86] educational opportunities arise, and children who need to be near extended family are born. But to the Navajo, the story of an individual provider is not so important or memorable. All they know is that providers come and go."Are you here to experiment on us?" is yet another question. Years of exploitation and efforts to destroy traditional ways and language have made many Navajo wary of healthcare providers, no matter how genuine their intentions. Many are so fearful of the hospital—they regard it as "the place to go die."Yet despite this initial suspicion, the Navajo are welcoming people at heart, and tend to develop relationships of trust with their providers. Parents will begin to talk about their grief over a son that has committed suicide or a daughter who died from alcoholic cirrhosis. The elderly will tell you how they care for their five orphaned grandchildren while they can barely take care of their own diabetes. A carpenter tells you he has not worked in a year and feels worthless. An HIV-positive woman will tell you she has been sleeping in a dry river bed because she has no place to go. It quickly becomes apparent that as a physician you will be treating patients with enormous social challenges in addition to complex medical conditions.The origins of the Federal Government's involvement in the healthcare of American Indians and Alaskan Natives (AI/ANs) in the 19th century arose out of both legal obligation and concern for self- preservation. Health services were promised to AI/ ANs in exchange for land, settlements, and agreements. In addition, infectious diseases endemic on reservations as a consequence of crowding and abject poverty, including smallpox and tuberculosis, were seen as a major public health concern. The responsibility of Native American health was first granted to the War Department, then to the Bureau of Indian Affairs, and finally to the Public Health Service in 1955 under the heading of the IHS, or Indian Health Service (U.S. Commission on Civil Rights, 2004; National Library of Medicine, 1994).Since then, the IHS has had many successes. Vaccination rates have gone up, and rates of pneumonia and tuberculosis have gone down significantly. Maternal and infant mortality have declined, and life expectancy has increased (Indian Health Services, 1999). Nonetheless, these improvements remain overshadowed by glaring health disparities among AI/ANs across a broad spectrum of diseases, both communicable and non-communicable, acute and chronic. Native Americans experience higher rates of obesity, diabetes, and cardiovascular disease than the general United States population. They are also more likely to die from alcohol-related causes and in accidents. Life expectancy remains more than five years less than that of the general U.S. population (U.S. Commission on Civil Rights, 2004; U.S. Department of Health and Human Services, 2000).Underlying these health indicators is the continued impoverished status of most AI/ANs. In Navajo, almost half of the population lives below the poverty line. According to the Navajo Nation, the current unemployment rate is 42% (Navajo Nation Department of Economic Development, 2011). Many Navajo on the reservation do not have running water or electricity. They heat with wood, which they chop and haul themselves—regardless... (shrink)

This Article discusses BLAs as tools of global labor migration governance, with a specific focus on gender. Drawing on our global database of 582 bilateral labor migration agreements, we investigate the extent to which these governing instruments connect and align with relevant international normative frameworks, in particular the extent to which they represent gains, gaps or gaffs in terms of gender equality and the human and labor rights protection of women migrants. In the context of the Global (...) Compact for Safe, Orderly and Regular Migration, which stresses a gender-responsive approach to migration governance as one of its guiding principles, we ask: Do the BLAs which are increasingly being used as instruments to govern labor migration contribute toward sustainable gender equality, decent work and reduced inequalities for women and gender-diverse migrants? (shrink)

In our age of globalization, we need a theory of global management consistent with our common human nature. The place to begin in developing such a theory is the philosophy of traditional cultures. The article focuses on African philosophy and its fruitfulness for contributing to a theory of management consistent with African traditional cultures. It also looks briefly at the Confucian and Platonic-Aristotelian traditions and notes points of agreement with African traditions. It concludes that the needed theory of (...) global management should regard the firm as a community, not a collection of individuals, and should understand the purpose of management as promoting the common good. (shrink)

In a recent keynote speech Paul Standish noted ‘there is agreement in judgments. But how the response to those judgments is realised is always cultural’. Making judgments about what constitutes ‘crisis’ for children is not necessarily agreed universally, though clearly there are some commonalities across many countries, as evident in United Nations on the Convention of the Rights of the Child agreements. This article examines the local rhetoric and reality of ‘crisis’ for children in countries across the world. What (...) constitutes a crisis for children, and how this plays out in the contexts of nine countries is explored by the authors based on the insights of each countries’ Chapter representatives. Policies will be juxtaposed with provision based on the experiences of OMEP members reporting from their various contexts. Taken together they provide a contextualised perspective on ‘crisis’ and its relationship to a non-absolutist foundation to children’s rights. The article concludes that what constitutes crisis from a global perspective warrants consideration in the context of local reality—in this locale the concept of every child as having access to ‘rights’ is far from realisation. (shrink)

The increasingly widespread expression "global justice" marks an important shift in the structure of moral discourse. Traditionally, international relations were seen as sharply distinct from domestic justice. First, it focused on interactions among states, and later, evaluated the design of a national institutional order in light of its effects on citizens. Such institutional moral analysis is becoming applied to supranational institutional arrangements, nowadays more pervasive and important for the life prospects of individuals. The traditional lens suggested fair agreements among (...) states. The new lens shows that the global institutional order is unfair because it enriches elites in both rich and poor countries and perpetuates the oppression and impoverishment of the majority. (shrink)

We analyze the origin of quantum randomness within the framework of a completely deterministic theory of particle motion—Bohmian mechanics. We show that a universe governed by this mechanics evolves in such a way as to give rise to the appearance of randomness, with empirical distributions in agreement with the predictions of the quantum formalism. Crucial ingredients in our analysis are the concept of the effective wave function of a subsystem and that of a random system. The latter is a (...) notion of interest in its own right and is relevant to any discussion of the role of probability in a deterministic universe. (shrink)

One-third of all human lives end in early death from poverty-related causes. Most of these premature deaths are avoidable through global institutional reforms that would eradicate extreme poverty. Many are also avoidable through global health-system reform that would make medical knowledge freely available as a global public good. The rules should be redesigned so that the development of any new drug is rewarded in proportion to its impact on the global disease burden (not through monopoly rents). (...) This reform would bring drug prices down worldwide close to their marginal cost of production and would powerfully stimulate pharmaceutical research into currently neglected diseases concentrated among the poor. Its feasibility shows that the existing medical-patent regime (trade-related aspects of intellectual property rights—TRIPS—as supplemented by bilateral agreements) is severely unjust—and its imposition a human-rights violation on account of the avoidable mortality and morbidity it foreseeably produces. (shrink)

Through case studies on biodiversity, deforestation, pollution, and war, among others, Stoett analyzes the ability of international policy to provide environmental protection and discusses the ever-present factors of equality, sovereignty, and human rights integral to these issues. While providing a panoramic view of the actors and structures producing these policies. Stoett reminds readers that the topic is personal, that effective governance is not solely the responsibility of governments but of individuals and communities as well. Environmental diplomacy may not always meet (...) its intended goals, but positive steps are being achieved, and change can only happen when angst is replaced with an educated determination to work toward environmental justice. The Second Edition will explore new events, issues, and agreements since 2011; notably the Paris Agreement. The UN's Sustainable Development Goals (SDGs) will be a new theme added throughout and highlighted in each case study. (shrink)

Technological developments in the sphere of artificial intelligence (AI) inspire debates about the implications of autonomous weapon systems (AWS), which can select and engage targets without human intervention. While increasingly more systems which could qualify as AWS, such as loitering munitions, are reportedly used in armed conflicts, the global discussion about a system of governance and international legal norms on AWS at the United Nations Convention on Certain Conventional Weapons (UN CCW) has stalled. In this article we argue for (...) the necessity to adopt legal norms on the use and development of AWS. Without a framework for global regulation, state practices in using weapon systems with AI-based and autonomous features will continue to shape the norms of warfare and affect the level and quality of human control in the use of force. By examining the practices of China, Russia, and the United States in their pursuit of AWS-related technologies and participation at the UN CCW debate, we acknowledge that their differing approaches make it challenging for states parties to reach an agreement on regulation, especially in a forum based on consensus. Nevertheless, we argue that global governance on AWS is not impossible. It will depend on the extent to which an actor or group of actors would be ready to take the lead on an alternative process outside of the CCW, inspired by the direction of travel given by previous arms control and weapons ban initiatives. (shrink)

There is little agreement about what grounds obligations of distributive justice. This paper defends cosmopolitan coercion theory against recent criticism that coercive rule is not even sufficient to generate obligations of distributive justice. On one of the most sustained arguments against the idea that coercion is sufficient to generate obligations of distributive justice, critics object that coercion, and other nonvoluntary relationships, cannot fix the scope, or content, of these obligations. At best, critics argue, nonvoluntary relationships can ground obligations of (...) charity or humanity. This paper argues that this Scope/Content Critique fails, in part, because it does not recognize the motivation for coercion theories. Moreover, despite assertions to the contrary, the Scope/Content Critique assumes coercion must suffice to ground obligations of distributive justice. Nonvoluntarists can hold there are many things, in addition to nonvoluntary relations, that can ground them. (shrink)

A global target of stabilizing greenhouse-gas concentrations at between 450 and 550 parts per million carbon-dioxide equivalent has proven robust to recent developments in the science and economics of climate change. Retrospective analysis of the Stern Review suggests that the risks were underestimated, indicating a stabilization target closer to 450 ppm CO2e. Climate policy at the international level is now moving rapidly towards agreeing an emissions pathway, and distributing responsibilities between countries. A feasible framework can be constructed in which (...) each country takes on its own responsibilities and targets, based on a shared understanding of the risks and the need for action and collaboration on climate change. The global deal should contain six key features: a pathway to achieve the world target of 50 per cent reductions by 2050, where rich countries contribute at least 75 per cent of the reductions; global emissions trading to reduce costs; reform of the clean development mechanism to scale up emission reductions on a sectoral or benchmark level; scaling up of R&D funding for low-carbon energy; an agreement on deforestation; and adaptation finance. (shrink)

In 1960, the US government and British protectorate of Zanzibar signed an agreement that allowed US contractors working for the National Aeronautics and Space Administration (NASA) to build an earth station that would support Project Mercury, the first manned US satellite mission. This article focuses on the development of the Project Mercury earth station in Zanzibar during 1959-1964. To historicize the earth station’s establishment, the focus lies on the geopolitical and sociotechnical relations that resulted in the Zanzibar station.