This article tackles the issue of offshore tax sheltering from the perspective of normative political realism. Tax sheltering is a pressing contemporary policy challenge, with hundreds of billions in private assets protected in offshore trusts and shell companies. Indeed, tax sheltering produces a variety of empirical dilemmas that render it a distinctive challenge for global governance. Therefore, it is crucial for normative political theorists to confront this problem. A realist approach offers three distinct advantages, elaborated in the three subsequent sections (...) of the article. First, it relaxes the theoretical burden by starting from the real practice of tax evasion rather than from an abstract theory of equality or justice. Second, this approach recognizes that sheltering is a political harm: a threat to the very maintenance of order, not just a problem of inequality or injustice. If politicians fail at such polity maintenance, realism's ethic of responsibility provides clear political reasons why they should be held accountable. Third, realism's focus on power and its acceptance of coercion open up new strategies for addressing the problem that would not be allowed by theories with a stronger emphasis on consensus. (shrink)

Extreme impacts from climate change are already being felt around the world. The policy choices that we make now will affect not only how high global temperatures rise but also how well-equipped future economies and infrastructures are to cope with these changes. The interests of future generations must therefore be central to climate policy and practice. This raises the questions: Who should represent the interests of future generations with respect to climate change? And according to which criteria should we judge (...) whether a particular candidate would make an appropriate representative for future generations? In this essay, we argue that potential representatives of future generations should satisfy what we call a “hypothetical acceptance criterion,” which requires that the representative could reasonably be expected to be accepted by future generations. This overarching criterion in turn gives rise to two derivative criteria. These are, first, the representative's epistemic and experiential similarity to future generations, and second, his or her motivation to act on behalf of future generations. We conclude that communities already adversely affected by climate change best satisfy these criteria and are therefore able to command the hypothetical acceptance of future generations. (shrink)

: Many societies are now having to live with the impacts of climate change and are being confronted with heat waves, wildfires, droughts, and rising sea levels. Without radical action, future generations will inherit an even more degraded planet. This raises the question: How can political institutions be reformed to promote justice for future generations and to leave them an ecologically sustainable world? In this essay, I address a particular version of this question; namely: How can supra–state institutions and transnational (...) political processes be transformed to realize climate justice for future generations? The essay seeks to make two contributions. First, it considers what criteria should guide the evaluation of proposals for reform. It proposes four criteria, and analyzes how they should be interpreted and applied. Second, it considers a raft of different proposals, commenting on their strengths and weaknesses. It presents ten proposals in all, including, among others, establishing a UN high commissioner for future generations, appointing a UN special envoy for future generations, creating a UN agency mandated to protect future generations, instituting representatives for the future in all key UN bodies, ensuring greater youth participation in transnational political decision-making processes, and further developing a global citizens’ assembly. In short, my aim is to outline some of the options available and to defend a normative framework that we can use to evaluate them. (shrink)

We are in the early stages of a new “intergenerational turn” in political philosophy. This turn is largely motivated by the threat of global climate change, which makes vivid a serious governance gap surrounding concern for future generations. Unfortunately, there is a lack of fit between most proposed remedies and the nature of the underlying problem. Most notably, many seem to believe that only piecemeal, issue-specific, and predominantly national institutions are needed to fill the intergenerational governance gap. By contrast, I (...) argue that we should adopt a genuinely global approach that treats intergenerational questions as foundational, and advocates for new permanent institutions with ongoing responsibilities to act on intergenerational threats. In this essay, I summarize my diagnosis of the underlying problem—that we face a basic standing threat that I call the “tyranny of the contemporary”—and sketch my proposal for a global constitutional convention aiming at institutions with standing authority and a broad remit. I then develop some of these ideas further through responses to fellow advocates for reform who nevertheless consider my proposals to go too far. In particular, I reject a counterproposal made by Anja Karnein, who argues that reforms should address only threats whose negative impacts would cross a high threshold. I argue that this would leave future generations vulnerable to what I call “squandering generations”. Among other things, these intergenerational squanderers violate appropriate relationships between past, present, and future generations. Yet, in my view, a central task of defensible intergenerational institutions is to protect the future against such abuse. (shrink)

Communities most vulnerable to the effects of climate change, such as reduced access to material resources and increased exposure to adverse weather conditions, are intimately tied to a considerable amount of cultural and biological diversity on our planet. Much of that diversity is bound up in the social practices of Indigenous groups, which is why these practices have great long-term value. Yet, little attention has been given to them by philosophers. Also neglected have been the historical conditions and contemporary realities (...) that constrain these practices and devalue the knowledge of their practitioners. In this essay, we make the case for preserving a diverse range of social practices worldwide, and we argue that this is possible only by strengthening the communities of practitioners who enact them in the contexts in which they are adaptive. By concentrating on Indigenous communities, we show how focusing on practices can transform how Indigenous and other local communities are represented in global climate-change conversations and policy as a matter of justice. More specifically, we argue that practice-centered thinking and local practices provide critical insights for determining the extent to which climate policies protect and enable transformative change. (shrink)

: What would constitute just representation for the climate vulnerable? My purpose in this essay is to provide a critique of the default frame for approaching this question, as well as to offer a suggestion for expanding our conception of what an adequate answer should include. The standard frame conceives of representing vulnerable climate interests largely in terms of formal mechanisms of representation in technocratic and bureaucratic institutions. I show the limits of that standard approach and caution against the discussion (...) of climate representation being overly confined to the level of “formal” representation. I go on to detail the importance of thinking about more “informal” modes of representing vulnerable climate interests. In order to pursue both of these aims, I draw on lessons in meaningful representation and inclusion during postconflict peacebuilding. (shrink)

The current debate over the global distribution of COVID-19 vaccines once again highlights the many shortcomings of the modern intellectual property system, especially when it comes to equitable access to medicines. This essay argues that the conceptual center of struggles over access to new pharmaceuticals rests in the IP system's colonial legacy, which perceives the world as uncharted territory that is ripe for discovery and ownership. This vision of the world as a blank canvas, or terra nullius, sets aside any (...) other models of ownership and devalues other traditional modes of relating to territory and nature. Several examples show the long-lasting exclusionary effects of this hidden legacy of colonial conquest in the field of public health, ranging from the spiraling price of insulin to the distribution of COVID-19 vaccines to the negotiation of sharing mechanisms for virus samples. In all of these cases, the continuing marginalization of other interests by the IP system can lead to exploitation, without either the “sources” of materials, such as those from whom the samples were taken, or the recipients of the eventual product having any say in matters of price and access. This legacy of fundamental exclusion needs to be recognized and addressed in order to arrive at more equitable solutions to public health emergencies such as the current pandemic. (shrink)

This essay suggests that the accountability trends explored by Stian Øby Johansen and Gisela Hirschmann in their respective monographs should be viewed as indicating the emergence of a right to justification in global governance. Both Johansen and Hirschmann seek to advance the interdisciplinary conversation about the accountability of international organizations—Johansen by developing a normative framework assessing the quality of IO accountability mechanisms, and Hirschmann by seeking to identify the variables that shape the evolution of what she calls pluralist accountability. Building (...) upon their analyses, I put forward a set of hypotheses about the procedural and substantive dimensions of the right to justification as well as the conditions for its consolidation in global governance. (shrink)

Amartya Sen's memoir, Home in the World, is a compelling read, giving a fascinating view of the making of the mind of one of the foremost public intellectuals of our time. In reflections on the first three decades of his life—all filled with an amazing range of experiences, encounters, and intellectual explorations that span Asia, Europe, and North America—Sen weaves a comprehensive and interlocking narrative that brings together a unitary worldview where two multi-dimensional themes are juxtaposed throughout the book: the (...) presence of the past and the convergence of the near and the far. In this essay, I highlight some of the life experiences and lessons shared in Sen's memoir grounded in his ideas of identity and shared humanity. These ideas took on a prominent place in Sen's life, in part, through his educational experience at the innovative school founded by the visionary poet Rabindranath Tagore. I draw on the views of both Sen and Tagore, as discussed in Sen's memoir. These lessons and ideas can help us in appreciating the power of knowledge, the value of education, and the allure of diversity. They can also guide us in our search for a more just world. (shrink)

Should Germany be prosecuting crimes committed in Syria pursuant to universal jurisdiction? This article revisits the normative questions raised by UJ—the principle that a state can prosecute serious international crimes such as genocide, crimes against humanity, and war crimes committed by foreigners outside of its territories—against the backdrop of increasing European UJ proceedings regarding Syrian conflict–related crimes, focusing on Germany as an illustrative example. While existing literature justifies UJ on the basis of universal prohibition of certain atrocities, this creates residual (...) normative issues. Alternatively, this article applies the “two-tiered test” derived from the “dual foundation” thesis of the Eichmann judgment, in which the normative appropriateness of UJ is evaluated against both accounts of universal prohibition and the specific politics surrounding the prosecution. It contends that the large number of Syrian refugees in Germany means that Germany, in particular, should initiate Syrian conflict–related UJ proceedings to prevent continued harm and recognize the political agency of refugees. Ultimately, the article suggests UJ should normatively be thought of as a domestic, rather than international, political event. (shrink)

As part of the roundtable, “Moral Injury, Trauma, and War,” this essay explores the relationship between revisionist just war theory and moral injury. It proceeds in four sections. First, it offers a brief overview of the just war tradition, focusing on traditionalist and revisionist accounts, respectively. Next, it explores the relationship between moral injury and armed conflict. Then, it explores the links between moral injury and revisionist accounts of just war theory. Finally, by way of conclusion, the essay signals two (...) potential complementary paths forward that future research could use to clarify the revisionist position and its link with moral injury. (shrink)

During the final months of Sri Lanka's 2006–2009 civil war, Sri Lankan armed forces engaged in a disproportionate and indiscriminate shelling campaign against the Liberation Tigers of Tamil Eelam, which culminated in the deaths of tens of thousands of civilians. Conventional wisdom suggests that Sri Lanka undermined international humanitarian law. Significantly, however, the Sri Lankan government did not directly challenge such law or attempt to justify its departure from it. Rather, it invented a new set of facts about its conduct (...) to sidestep its legal obligations. Though indirect, this challenge was no less significant than had Sri Lanka explicitly rejected those obligations. Drawing on Clark et al.'s concept of denialism, this article details the nature of Sri Lanka's challenge to the standing of IHL. At the core of its denialist move, Sri Lanka maintained that while the LTTE was using civilians as human shields, government forces were adhering to a zero civilian casualty approach. With this claim, Sri Lanka absolved itself of any responsibility for the toll inflicted on civilians and sealed its conduct off from the ambit of IHL. This case illustrates how actors can considerably undermine the law using strategies of contestation far more subtle than direct confrontation. (shrink)

Moral injury names how the lived experience of armed conflict can damage an individual's ethical foundations, often with serious consequences. While the term has gained increasing acceptance for the clinical treatment of veterans and as a means of better understanding the impact of war, it is generally applied to individualized trauma. As part of the roundtable, “Moral Injury, Trauma, and War,” this essay argues that moral injury is also a useful means of addressing political violence at a societal level. It (...) explores the term's value within international human rights discourse and practice, particularly in efforts to document and analyze the systematic commission of atrocities to achieve accountability and reconciliation. The essay presents field research among Iraqi human rights investigators as a means of reflecting on the value of rediscovering agency in the aftermath of societal trauma. In this way, moral injury provides guidance on the essential ethical qualities of the lived experience of violent repression, an issue central to a more complete understanding of international affairs. (shrink)

Almost five million Americans volunteered to serve in the U.S. armed forces between 2001 and 2021 and returned home as discharged veterans. Among them, 30,177 men and women have taken their own lives, an awful toll that is more than five times the number of Americans killed in combat in our twenty-first century wars. As part of the roundtable, “Moral Injury, Trauma, and War,” this essay argues that the reasons are many, but one major factor may be the moral pain (...) that many experience in wartime and the vast emptiness they often encounter when their military service ends. Our society has an obligation to the post–9/11 veterans to understand their experiences and truly welcome them back. The rising toll of veteran suicides suggests there is little time to lose. (shrink)