This work offers an analysis of all the legal and moral issues surrounding humanitarian intervention: the deaths of innocent persons and the Doctrine of Double Effect Governmental legitimacy - The Doctrine of Effective Political Control; UN Charter and evaluation of the Nicaragua ruling; The Morality of not intervening; US-led invasion of Iraq; Humanitarian intervention authorised by the UN Security Council - Iraq, Somalia, Haiti, Rwanda, and Bosnia among others highlight NATO's intervention in Kosovo; The Nicaragua Decision; and The precedents of (...) Panama, Liberia and Sierra Leone. The book's features include: a new framework based on the doctrine of double effect; basic principles of international ethics; outline of the moral argument for humanitarian intervention; explores the morality and legality of military action to end tyranny or anarchy; arguments in a much more detailed and complete fashion than in previous editions; in-depth examination of philosophy of international law; the relationship between custom and moral theory; new discussion of the question of right authority; and a full analysis of recent interventions in Kosovo and Iraq. book addresses a broad interdisciplinary audience of international lawyers, philosophers, and political scientists. In this new edition, the author responds to critics while updating the discussion in the light of the momentous events that took place at the beginning of the new millennium. (shrink)

In public political deliberation, people will err and lie in accordance with definite patterns. Such discourse failure results from behavior that is both instrumentally and epistemically rational. The deliberative practices of a liberal democracy cannot be improved so as to overcome the tendency for rational citizens to believe and say things at odds with reliable propositions of social science. The theory has several corollaries. One is that much contemporary political philosophy can be seen as an unsuccessful attempt to vindicate, on (...) symbolic and moral grounds, the forms that discourse failure take on in public political deliberation. Another is that deliberative practices cannot be rescued even on non-epistemic grounds, such as social peace, impartiality, participation, and equality. To alleviate discourse failure, this book proposes to reduce the scope of majoritarian politics and enlarge markets. (shrink)

The war in Iraq has reignited the passionate humanitarian intervention debate. President George W. Bush surprised many observers in his second inaugural address when he promised to oppose tyranny and oppression, and this in a world not always willing or ready to join in that fight. Humanitarian intervention is again on the forefront of world politics.

Abstract The article addresses three aspects of the humanitarian intervention doctrine. It argues, first, that the value of sovereignty rests on the justified social processes of the target state ? the horizontal contract. Foreign interventions, even when otherwise justified, must respect the horizontal contract. In contrast, morally objectionable social processes (such as the subjection of women) are not protected by sovereignty (intervention, of course, may be banned for other reasons). In addition, tyrants have no moral protection against interventions directed at (...) them. Second, the article addresses the internal legitimacy of humanitarian intervention. It concludes that the liberal state may only use voluntary soldiers (either the voluntary army or mercenaries) to conduct humanitarian intervention. Conscription for that purpose is not permissible. The article shows that the long-standing criticism of mercenaries stems from a romantic prejudice and is thus unfair. Third, the article makes a distinction between intention (the determination to perform an action) and motive (a further goal that the agent seeks with that action) and shows that only intention is relevant for humanitarian intervention. A justified humanitarian intervention requires the intention to liberate the victims, but not necessarily a good further motive. It shows how mainstream doctrine has impermissibly confused the two concepts. (shrink)

The current global-justice literature starts from the premise that world poverty is the result of structural injustice mostly attributable to past and present actions of governments and citizens of rich countries. As a result, that literature recommends vast coercive transfers of wealth from rich to poor societies, alongside stronger national and international governance. Justice at a Distance, in contrast, argues that global injustice is largely home-grown and that these native restrictions to freedom lie at the root of poverty and stagnation. (...) The book is the first philosophical work to emphasize free markets in goods, services, and labor as an ethical imperative that allows people to pursue their projects and as the one institutional arrangement capable of alleviating poverty. Supported by a robust economic literature, Justice at a Distance applies the principle of noninterference to the issues of wealth and poverty, immigration, trade, the status of nation-states, war, and aid. (shrink)

Research Articles Fernando R. Tesón, Social Philosophy and Policy, FirstView Article.

When is humanitarian intervention legitimate and how should such interventions be conducted? This article sets out eight liberal principles that underlie humanitarian intervention, some of them abstract principles of international ethics and others more concrete principles that apply specifically to humanitarian intervention. It argues that whilst these principles do not determine the legitimacy of particular interventions, they should ?incline? our judgments towards approval or disapproval. The basic principles include the liberal idea that governments are the mere agents of the people, (...) that tyrannical governments forfeit their legal protections, that human rights entail obligations for governments, that justifiable intervention must intend the end of tyranny or anarchy, that the doctrine of double-effect should be respected, that intervention is only warranted in severe cases, that intervention be welcomed by those it is intended to save, and that ideally it is welcomed by the community of democratic states. (shrink)

Teson critiques a recent article by John Rawls in which Rawls extends his acclaimed political theory to include international relations.

Teson critiques a recent article by John Rawls in which Rawls extends his acclaimed political theory to include international relations.

Economists generally agree that free trade leads to economic growth. This proposition is supported both by theoretical models and empirical data. Further, while the empirical evidence is more limited on this question, the general consensus among economists holds that trade restrictions are likely to hurt the poor. Even if the latter consensus turns out to be wrong, if free trade leads to superior growth, governments would have more resources to redistribute to the poor. It is surprising then that philosophers and (...) human rights scholars do not advocate liberalizing trade as a way to improve the welfare of the poor as a class. While many scholars in these fields are silent with respect to the effect of free trade on the poor, some actually argue that liberalized trade is harmful for the poor, contrary to the claims of economists. In this article, we argue that any serious scholar concerned with the plight of the poor needs to address the theory and evidence regarding the effects of trade liberalization on economic growth, suggesting that the standard policy prescriptions of the philosophers and human rights scholars are, at best, of second order concern and, at worst, likely to be counterproductive in terms of improving the welfare of the poor. (shrink)

"If being a humanitarian imperialist means advocating that the hegemon use its might to advance freedom, human rights, and democracy, then I am a humanitarian imperialist.".

This essay examines the many problems with public and private development aid and argues that global liberalization of trade and immigration would have a greater direct effect in reducing global poverty. It also examines and rejects the view that people in rich countries have a strong moral obligation to give to the global poor. Such an obligation is in tension with an ethic that prizes personal projects. A political morality of equal respect and concern is congenial not with foreign aid, (...) but with recognizing the agency of the global poor by lifting the many obstacles they currently face to participating in the market as producers and consumers. (shrink)

When can a group legitimately form its own state? Under international law, some groups can but others cannot. But the standard is unclear, and traditional legal analysis has failed to elucidate it. In The Theory of Self-Determination, leading scholars chart new territory in our theoretical conception of self-determination. Drawing from diverse scholarship in international law, philosophy, and political science, they attempt to move beyond the prevailing nationalist conceptions of group definition. At issue are such universal questions as: when does a (...) group qualify as a 'people'? Does history matter? Or is it a question of ethnic status? Are these matters properly solved by popular vote? Anchored in modern analytical political philosophy but with implications for a wide range of scholarship, this volume will prove essential for scholars and practitioners of international law, global justice, and international relations. (shrink)

:This essay argues that the territorial rights of states derive from the property rights of the individuals that make up those states. The argument draws from the Lockean tradition of justification of political powers. Persons in the state of nature have natural rights. Those rights are first-order substantive rights, and second-order executive rights In the social contract, individuals transfer to the state their executive rights, not their substantive rights. The state can thus define the boundaries of property rights and adjudicate (...) property disputes, but does not legitimately own land itself. The article discusses and rejects, for deontic and consequentialist reasons, positions that justify collective and state ownership of territory. Some important consequences follow from the argument: First, no actual state has territorial rights, since no actual state wields delegated powers in land. Second, notwithstanding the preceding conclusion, actual states have an obligation to exercise their territorial powers consistently with the respect for private property. (shrink)

People frequently advance political proposals in the name of a goal while remaining apparently indifferent to the fact that those proposals, if implemented, would frustrate that goal. Theorists of "deliberative democracy" purport to avoid this difficulty by arguing that deliberation is primarily about moral not empirical issues. We reject this view (the moral turn) and propose a method (The Display Test) to check whether a political utterance is best explained by the rational ignorance hypothesis or by the moral turn: the (...) speaker must be prepared to openly acknowledge the bad consequences of his political position. If he is, the position is genuinely moral; if he is not, the position evinces either rational ignorance or posturing. We introduce deontological notions to explain when the moral turn works and when it does not. We discuss and reject possible replies, in particular the view that a moral-political stance insensitive to consequences relies on a distribution of moral responsibility in evildoing. Finally, we show that even the most plausible candidates for the category of purely moral political proposals are best explained by the rational ignorance/posturing hypothesis, if only because enforcing morality gives rise to complex causal issues. (shrink)

Scholars have debated the meaning of the foreign-relations clauses in the U.S. Constitution. This essay attempts to outline the foreign-relations clauses that an ideal constitution should have. A liberal constitution must enable the government to implement a morally defensible foreign policy. The first priority is the defense of liberty. The constitution must allow the government to effectively defend persons, territory, and liberal institutions themselves. The liberal government should also contribute to the advancement of global freedom, subject to a number of (...) conditions, especially cost. The essay recommends improved methods to incorporate treaties and customary international law into the constitutional structure. Treaties should be approved by the whole legislature and should generally be self-executing. Customary law should be genuine, not fake, and consistent with liberal principles. Finally, based on economic theory and evidence, the essay recommends that liberal constitutions prohibit the government from erecting trade barriers. It concludes by tentatively proposing concrete constitutional language to implement these recommendations. (shrink)

"The book offers contrasting views of humanitarian intervention - a war aimed at ending tyranny. Fernando Tesaon.