12.4 Global justice

Global justice examines ethical obligations in the international system, addressing fairness and human rights across borders. It seeks to establish principles for structuring the global order and distributing resources equitably, transcending national boundaries to uphold dignity for all.

Theories of global justice offer different perspectives on achieving a just world. They range from cosmopolitan approaches focused on individual rights to statist views emphasizing sovereignty. The scope encompasses state and non-state actors, as well as intergenerational concerns like climate change.

Concept of global justice

• Global justice is a normative concept that examines the ethical obligations and responsibilities of actors in the international system
• It seeks to address issues of fairness, equality, and human rights on a global scale, transcending national borders
• Global justice theories aim to establish principles and frameworks for how the international system should be structured and how resources should be distributed

Defining global justice

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• Global justice refers to the idea that all individuals, regardless of their nationality or location, are entitled to certain fundamental rights and freedoms
• It encompasses issues such as poverty, inequality, human rights violations, environmental degradation, and armed conflict
• Global justice seeks to establish a fair and equitable international order that upholds the dignity and well-being of all people

Theories of global justice

• Theories of global justice provide different perspectives on how to achieve a just global order
• Cosmopolitan theories argue that individuals, rather than states, should be the primary units of moral concern and that global institutions should be designed to protect individual rights
• Statist theories emphasize the importance of state sovereignty and argue that justice should be primarily pursued within the boundaries of nation-states
• Other theories, such as the capabilities approach, focus on ensuring that all individuals have access to the resources and opportunities necessary to lead fulfilling lives

Scope of global justice

• The scope of global justice refers to the range of issues and actors that fall within its purview
• It includes not only the actions of states and international organizations but also the conduct of non-state actors such as corporations, NGOs, and individuals
• Global justice also encompasses intergenerational concerns, such as the impact of current actions on future generations and the environment
• The scope of global justice is constantly evolving as new global challenges emerge, such as climate change, pandemics, and technological disruptions

Distributive justice

• Distributive justice focuses on the fair allocation of resources, benefits, and burdens within a society or across the global community
• It examines how wealth, opportunities, and social goods should be distributed among individuals and groups
• Distributive justice theories seek to establish principles for determining what constitutes a just distribution and how to rectify existing inequalities

Equality vs equity

• Equality refers to treating everyone the same way, regardless of their individual circumstances or needs
• Equity, on the other hand, takes into account the different starting points and obstacles faced by individuals and aims to provide them with the resources and support needed to achieve a fair outcome
• In the context of global justice, equity is often seen as a more appropriate goal than strict equality, as it recognizes the disparities in resources and opportunities that exist between countries and regions

Rawls' theory of justice

• John Rawls' theory of justice, outlined in his book "A Theory of Justice," is one of the most influential theories of distributive justice
• Rawls argues that principles of justice should be chosen behind a "veil of ignorance," where individuals do not know their place in society or their natural abilities
• He proposes two principles of justice: the equal liberty principle, which guarantees basic rights and freedoms for all, and the difference principle, which allows inequalities only if they benefit the least advantaged members of society
• Rawls' theory has been applied to global justice debates, with some arguing for a global difference principle that would redistribute resources from wealthy to poor countries

Cosmopolitan perspectives

• Cosmopolitan theories of global justice emphasize the moral equality of all individuals, regardless of their nationality or citizenship
• They argue that the principles of distributive justice should apply globally, not just within the boundaries of nation-states
• Cosmopolitans often advocate for the establishment of global institutions and mechanisms to ensure the fair distribution of resources and the protection of human rights
• Examples of cosmopolitan approaches include the idea of a global basic income, a global tax on wealth, and the creation of a world government

Statist perspectives

• Statist theories of global justice prioritize the role of nation-states in achieving justice and maintaining order in the international system
• They argue that states have primary responsibility for ensuring the well-being of their citizens and that global redistribution of wealth or resources would undermine state sovereignty
• Statists often emphasize the importance of international cooperation and the role of international institutions in addressing global challenges, but they see these institutions as tools for facilitating cooperation between states rather than as independent actors
• Examples of statist approaches include the principle of non-intervention in the internal affairs of other states and the idea that aid to developing countries should be conditional on good governance and economic reforms

Human rights

• Human rights are fundamental entitlements that all individuals possess by virtue of being human
• They include civil and political rights, such as the right to life, liberty, and freedom of expression, as well as economic, social, and cultural rights, such as the right to education, health, and an adequate standard of living
• Human rights are often seen as a cornerstone of global justice, as they provide a framework for protecting the dignity and well-being of all individuals, regardless of their nationality or social status

Universal human rights

• The concept of universal human rights holds that certain rights are inherent to all human beings, regardless of their cultural, social, or political context
• This idea is enshrined in international human rights instruments such as the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR)
• Proponents of universal human rights argue that these rights are based on shared human values and that they should be protected and promoted by all states and international actors
• Examples of universal human rights include the right to be free from torture, the right to a fair trial, and the right to freedom of religion

Cultural relativism debate

• Cultural relativism is the idea that human rights and moral norms are not universal but rather are shaped by the cultural, historical, and social context in which they emerge
• Proponents of cultural relativism argue that imposing Western conceptions of human rights on non-Western societies is a form of cultural imperialism and that different cultures should be free to define their own moral standards
• Critics of cultural relativism argue that it can be used to justify human rights abuses and that there are certain fundamental rights that should be protected regardless of cultural context
• The debate between universalism and cultural relativism is ongoing in global justice discussions, with some seeking a middle ground that recognizes both the importance of universal rights and the need to respect cultural diversity

Enforcement of human rights

• The enforcement of human rights remains a major challenge in the international system, as there is no global government or police force to ensure compliance with human rights norms
• International human rights law relies primarily on states to protect and promote the rights of their citizens, with international institutions and mechanisms serving a monitoring and accountability role
• Examples of human rights enforcement mechanisms include the United Nations Human Rights Council, regional human rights courts (European Court of Human Rights), and the International Criminal Court (ICC)
• Non-governmental organizations (Amnesty International, Human Rights Watch) also play a crucial role in investigating and publicizing human rights abuses and advocating for the protection of human rights

Global poverty

• Global poverty refers to the widespread deprivation and lack of access to basic necessities such as food, water, shelter, healthcare, and education that affects millions of people worldwide
• According to the World Bank, as of 2015, approximately 736 million people were living in extreme poverty, surviving on less than $1.90 per day
• Poverty is a major obstacle to the realization of global justice, as it undermines the ability of individuals to lead dignified and fulfilling lives and perpetuates cycles of inequality and disadvantage

Causes of global poverty

• The causes of global poverty are complex and multifaceted, encompassing historical, political, economic, and social factors
• Colonialism and the legacy of unequal global power relations have contributed to the impoverishment of many developing countries, as has the ongoing exploitation of resources and labor by multinational corporations
• Structural factors such as corruption, weak institutions, and lack of access to education and healthcare also perpetuate poverty in many parts of the world
• Climate change and environmental degradation disproportionately affect the poor, as they are more vulnerable to natural disasters and have fewer resources to adapt to changing conditions

Moral obligations to the poor

• There is a longstanding debate in global justice theory about the extent of our moral obligations to the global poor
• Some argue that we have a strong moral duty to assist those in extreme poverty, based on principles of human rights, solidarity, and the equal moral worth of all individuals
• Others contend that our obligations are more limited and that prioritizing the poor in other countries over the poor in our own societies is problematic
• The concept of "effective altruism" has gained traction in recent years, emphasizing the importance of using evidence and reason to determine the most effective ways to alleviate poverty and maximize social impact

Poverty reduction strategies

• Poverty reduction strategies encompass a wide range of interventions and approaches aimed at improving the lives of the global poor
• These include official development assistance (ODA) from wealthy countries to developing nations, as well as targeted programs in areas such as health, education, and infrastructure
• Microfinance initiatives (Grameen Bank) have shown promise in providing access to credit and financial services to the poor, while conditional cash transfer programs (Bolsa Família in Brazil) have been effective in reducing poverty and improving health and education outcomes
• Other strategies focus on promoting economic growth and job creation, such as investing in small and medium-sized enterprises and supporting the development of inclusive business models that benefit the poor

Environmental justice

• Environmental justice is concerned with the fair distribution of environmental benefits and burdens, both within and between countries
• It recognizes that environmental degradation and climate change often disproportionately affect marginalized and vulnerable communities, exacerbating existing inequalities
• Environmental justice seeks to ensure that all individuals have the right to a clean, healthy, and sustainable environment and that the costs and benefits of environmental policies are distributed equitably

Climate change impacts

• Climate change is one of the most pressing environmental justice issues of our time, as its impacts are felt most acutely by those who have contributed least to the problem
• Rising sea levels, more frequent and intense natural disasters, and changes in weather patterns are already affecting millions of people, particularly in developing countries
• Climate change also has significant implications for food security, water availability, and public health, with the poor and marginalized being the most vulnerable
• The concept of "climate justice" has emerged to address these disparities and to advocate for a fair and equitable global response to the climate crisis

Intergenerational justice

• Intergenerational justice refers to the idea that the present generation has a moral obligation to consider the impacts of its actions on future generations
• In the context of environmental justice, this means taking into account the long-term consequences of our environmental policies and practices, such as the depletion of natural resources and the accumulation of greenhouse gases in the atmosphere
• The concept of sustainable development, which seeks to meet the needs of the present without compromising the ability of future generations to meet their own needs, is closely linked to intergenerational justice
• Some have argued for the establishment of legal rights for future generations or the creation of institutions (Wales' Future Generations Commissioner) to represent their interests in decision-making processes

Responsibility for environmental protection

• The question of who bears responsibility for protecting the environment and addressing global environmental challenges is a central one in environmental justice debates
• The principle of "common but differentiated responsibilities" (CBDR), enshrined in the United Nations Framework Convention on Climate Change (UNFCCC), recognizes that while all countries have a shared responsibility to address climate change, developed countries should take the lead due to their greater historical contribution to the problem and their higher capacity to take action
• Other approaches, such as the "polluter pays" principle, suggest that those who cause environmental damage should be held responsible for the costs of cleaning it up or compensating those affected
• There is also growing recognition of the role of non-state actors, such as corporations and individuals, in contributing to environmental problems and the need for them to take responsibility for their actions

Just war theory

• Just war theory is a set of principles and criteria that seek to establish the conditions under which the use of military force can be morally justified
• It has its roots in Western philosophical and theological traditions, particularly in the works of Saint Augustine and Saint Thomas Aquinas
• Just war theory distinguishes between the justification for going to war (jus ad bellum) and the conduct of war itself (jus in bello), with each having its own set of principles

Jus ad bellum principles

• Jus ad bellum principles focus on the conditions that must be met for a war to be considered morally justified
• These include: just cause (self-defense against aggression, protection of innocent lives), right intention (aim of restoring peace and justice), proper authority (declared by a legitimate government), last resort (all other means of resolving the conflict have been exhausted), proportionality (expected benefits outweigh the costs), and reasonable prospect of success
• The principle of just cause is often the most contentious, as there can be disagreement over what constitutes a legitimate reason for going to war (preemptive self-defense, humanitarian intervention)

Jus in bello principles

• Jus in bello principles govern the conduct of war itself and seek to minimize the suffering and destruction caused by armed conflict
• The two main principles are discrimination (distinguishing between combatants and non-combatants and targeting only the former) and proportionality (using only the level of force necessary to achieve legitimate military objectives)
• Other jus in bello principles include the prohibition on the use of weapons that cause unnecessary suffering (chemical weapons), the humane treatment of prisoners of war, and the protection of civilian infrastructure and cultural heritage
• The principle of discrimination is often challenged by the realities of modern warfare, where the line between combatants and civilians is increasingly blurred

Critiques of just war theory

• Just war theory has been criticized on various grounds, both in terms of its theoretical foundations and its practical application
• Some argue that the theory is inherently subjective and that its principles can be interpreted in ways that justify almost any war
• Others point out that the theory assumes a clear distinction between war and peace, which is not always reflective of the complex realities of modern conflicts
• The theory has also been criticized for its focus on nation-states as the primary actors in war, neglecting the role of non-state armed groups and the impact of war on individuals and communities
• Pacifists reject just war theory altogether, arguing that war is never morally justifiable and that nonviolent means of conflict resolution should always be pursued

Humanitarian intervention

• Humanitarian intervention refers to the use of military force by one or more states to prevent or stop large-scale human rights abuses or humanitarian crises in another state, without the consent of that state's government
• It is a controversial concept in international relations, as it challenges traditional notions of state sovereignty and the principle of non-intervention in the internal affairs of other states
• Proponents of humanitarian intervention argue that the international community has a moral responsibility to protect civilians from mass atrocities when their own government is unwilling or unable to do so

Responsibility to protect (R2P)

• The responsibility to protect (R2P) is a norm that was developed in response to the failures of the international community to prevent genocides in Rwanda and Srebrenica in the 1990s
• It holds that states have a primary responsibility to protect their own populations from genocide, war crimes, ethnic cleansing, and crimes against humanity, and that the international community has a responsibility to assist states in fulfilling this duty
• If a state is manifestly failing to protect its population, the international community has a responsibility to take collective action, through peaceful means first and, if necessary, through the use of force authorized by the United Nations Security Council
• R2P was endorsed by all member states of the United Nations at the 2005 World Summit, but its implementation remains controversial and inconsistent

Sovereignty vs human rights

• The debate over humanitarian intervention often pits the principle of state sovereignty against the protection of human rights
• Sovereignty is a foundational principle of the international system, enshrined in the United Nations Charter, which prohibits the use of force against the territorial integrity or political independence of any state
• However, the emergence of international human rights law and the concept of R2P have challenged the absolute nature of sovereignty, arguing that it carries with it the responsibility to protect the fundamental rights of a state's population
• Critics of humanitarian intervention argue that it can be used as a pretext for military action motivated by other interests (regime change) and that it undermines the stability of the international order

Criteria for justified intervention

• Given the potential for abuse, many scholars and policymakers have sought to establish clear criteria for when humanitarian intervention can be justified
• These criteria often mirror those of just war theory, including just cause (large-scale human rights abuses), right intention (primary purpose of halting abuses), last resort (peaceful means have been exhausted), proportional means (minimum force necessary), and reasonable prospects of success
• Other proposed criteria include multilateral authorization (UN Security Council approval), regional support, and post-intervention commitment to rebuilding and reconciliation
• In practice, the decision to intervene is often shaped by political considerations and the interests of powerful states, rather than a consistent application of moral principles

Global governance

• Global governance refers to the various institutions, processes, and mechanisms through which collective action is taken to address global challenges and promote international cooperation
• It encompasses a wide range of actors, including states, international organizations, non-governmental organizations (NGOs), and multinational corporations
• The need for effective global governance has become increasingly apparent in the face of transnational issues such as climate change, global health, and economic interdependence

Role of international institutions

• International institutions play a central role in global governance, providing forums for states to negotiate and coordinate their policies and actions
• The United Nations (UN) is the most prominent global institution, with a mandate to maintain international peace and security, promote human rights, and foster sustainable development
• Other key institutions include the World Trade Organization (WTO), which regulates international trade; the International Monetary Fund (IMF) and World Bank, which promote economic stability and development; and various regional organizations (European Union, African Union)
• These institutions face numerous challenges, including questions of legitimacy, accountability, and effectiveness in addressing global problems

Accountability and legitimacy

• The accountability and legitimacy of global governance institutions are major concerns in global justice debates
• Accountability refers to the extent to which institutions are answerable to