Many theoretical publications make assumptions about the facts of globalization, and in particular about the role and autonomy of the nation state. These factual claims and assumptions often play an important role in justifying the normative conclusions, yet remain under-explored. This interdisciplinary volume examines questions that are central to the problems of both social and international justice, and in particular, to their interdependence: How do global and transnational factors influence the capacity of states to be internally just? Has the state (...) lost its capacity for autonomous action in the global economy, and thus its ethical significance for theories of justice? If so, which institutional reforms could address this problem? What is the role of the state in a just international order? The authors address important connections between domestic social justice and global dynamics, by identifying problematic practices and trends in the current global order. They examine political, economic and legal changes and offer normative views on concrete policies and institutions that are particularly important and/or problematic – i.e. international health policies, the World Bank, taxation policies and the World Trade Organization. Focusing on the relationship between social and global justice and establishing connections between political theory and empirical research, this book is vital reading for students and scholars of Politics, International Relations, and Development Studies. (shrink)

The immigration debate in political theory has produced a series of accounts that justify the state’s right to exclude potential immigrants, where the right of self-determination figures prominently. We challenge two prominent accounts of the self-determination-based right to exclude and defend a circumscribed right to exclude and a corollary duty to admit immigrants, based on our ‘people relationship goods’ account of self-determination. Our conception reconciles the moral claims of global opportunity migrants with the well-being and non-alienation interests of the locals. (...) It therefore provides a principled answer to the philosophical question underlying pressing political conflicts today, namely what is the permissible scope of exclusion by self-determining political communities, in light of weighty global moral demands of inclusion. (shrink)

States’ right to exclude prospective members is the subject of a fierce debate in political theory, but the right to include has received relatively little scholarly attention. To address this lacuna, we examine the puzzle of permissible inclusion: when may states confer citizenship on individuals they have no prior obligation to include? We first clarify why permissible inclusion is a puzzle, then proceed to a normative evaluation of this practice and its limits. We investigate self-determination – a dominant principle in (...) theories of the right to exclude – as a normative ground for limits on the right to include. We argue that states’ duties to respect one another’s self-determination yield limits on permissible inclusion. When inclusive policies for citizenship undermine the permissible scope of self-determination of other states, they are impermissible; they should either be prohibited, or require compensation. (shrink)

Is territorial jurisdiction over natural resources justified? This paper argues that a freedom-based account of self-determination coupled with ‘functionalist’ justifications of territorial right support territorial jurisdiction over natural resources. This justification simultaneously gives rise to limits on the permissible exercise of the right: the principles of reciprocity and generality, and of equal freedom. This ‘reciprocal’ view on territorial jurisdiction over natural resources, defended here, differs from two alternatives: the traditional sovereignty view on the one hand and the transnational jurisdiction view—which (...) favours the transfer of sovereignty over natural resources from states to transnational institutions—on the other hand. (shrink)

Investor-state-dispute-settlement is an arbitration mechanism to settle disputes between foreign investors and host-states. Seemingly a technical issue in private international law, ISDS procedures have recently become a matter of public concern and the target of political resistance, due to the power they grant to foreign investors in matters of public policies in the countries they invest in. This article examines the practice of ISDS through the lenses of liberal-statist theories of international justice, which value self-determination. It argues that the investor-state (...) arbitration system illustrates how liberal-statist theories of international distributive justice ought to care about relative socioeconomic disadvantage, contra the sufficiency principle that they typically defend. The sufficiency principle draws on a questionable conception of the freedom that self-determination consists in. (shrink)

Proponents of global egalitarian justice often argue that their positions are compatible with the principle of self-determination. At the same time, prominent arguments in favor of global egalitarianism object to one central component of the principle: namely, that the borders of states (or other political units) are normatively significant for the allocation of rights and duties; that duties of justice and democratic rights should stop or change at borders. In this article, I propose an argument in defense of the normative (...) significance of territorial boundaries that draws on a political interpretation of the principle of self-determination. The political interpretation is distinct from the two major approaches to self-determination: the national and the democratic. It makes a twofold contribution to the debates about global justice and democracy; while it (a) challenges the position that political memberships and political borders are morally arbitrary; it (b) helpsdefine the realm of permissible autonomy for self-governing political units, which does not ignore duties to nonmembers and outsiders. (shrink)

"Editors Introduction" zum "Special Issue on Global Justice and Migration".