"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

In 1989, the age of power political realism ended. The conditions were set to replace the prevailing Hobbesian model of peace by deterrence with the considerably more challenging Kantian model of peace by right. If, however, Huntington's paradigm of fighting civilizations were right, we would have to forget Kant and remember Hobbes. Sober rationality, healthy distrust, striving for power accumulation and all the other instruments from the realist's toolbox of political prudence are very well suited to facilitate political self-assertion in (...) an age of violently clashing cultures. However, this helplessness is not well grounded. Considering that from the very beginning liberalism is a theory of religious and ethical pluralism and well-experienced in dealing with problems of multiculturalism, it is at least possible to argue for a weak liberal universalism which provides normative foundations for a global order of peacefully living together. Of course, conceptual and moral modesty is crucial. If the human rights doctrine wants to defend its universal claim in the face of cultural diversity , it has to restrict itself to the conditions of esse: the pre-cultural and sheer natural conditions of human being and human coexistence. However, the formulation of the conditions of bene esse has to be left to culture and its authorities and belief systems which buttress a cultural constitution of meaning, both theologically and metaphysically. Traditional natural rights theory knew that both have to go together, and that the esse-enabling duties necessarily enjoy priority. No cultural conception of thriving life and existential significance can be accepted which contradicts the fundamental imperatives and conditions of pure human existence and coexistence. (shrink)

The application of human right frameworks is an increasingly important part of efforts to accelerate progress in global mental health. Much of this has been driven by several influential legal and policy instruments, most notably the United Nations’ Convention on the Rights of Persons with Disabilities, as well as the World Health Organization’s QualityRights Tool Kit and Mental Health Action Plan. Despite these significant developments, however, much more needs to be done to prevent human rights (...) violations. This chapter focuses on a critical component of this broader challenge, which is the question of how best to regulate and reduce the use of coercive measures. The recent literature on coercion in psychiatry – which addresses involuntary commitment, seclusion, restraint, and forced medication – represents a useful resource that can help guide tractable solutions in global mental health. These issues are evaluated from the perspective of global health governance, and several general recommendations are made in order to improve monitoring and enforcement, provide guidance for domestic legislative reform, and strengthen health systems. (shrink)

The Ethics of Interdependence explores new global human rights duties through four case studies: mass incarceration in the United States, LGBT rights in Africa, women's rights in Saudi Arabia, and environmental rights in China. William Felice presents a 'human rights threshold' to identify unacceptable levels of human suffering that require urgent action by individuals, nations, and global institutions"--Provided by publisher.

Are human rights universal, and, if so, in what sense? Starting with the opposition between "foundational" universalism (as articulated in modern natural law and rationalist liberalism) and "antifoundational" skepsis or relativism (from Jeremy Bentham to Richard Rorty) and steering a path beyond this dichotomy, an inquiry is made into the "rightness" of rights-claims, a question that calls for situated, prudential judgment. With specific reference to "Asian values," Henry Rosemont's emphasis is followed on the need to differentiate between (...) "concept clusters" and reflecting different modes of human flourishing--clusters that are neither radically incommensurable nor blandly uniform and exchangeable. What this emphasis suggests is that the globalism or universalism of human rights is not a pre-given premise but rather a challenge and practical task--requiring intensive inter-human and cross-cultural learning and (what Tu Wei-ming calls) the ongoing "humanization" of humankind. (shrink)

This paper considers the relationship between corporations and global human rights. This relationship lies at the heart of the 2010 conference theme “Business and the Sustainable Commons.” A human or natural right is one that is inherent, and thus universal, in being human. It is typical to distinguish between civil and political rights as a category (thus supposing constitutional democracy in some form); and economic, social, and cultural rights (thus implying minimum conditions such (...) as food, work, education, culture, and so forth). A right for one person implies a duty (not necessarily binding) for some other person or entity. The paper assesses the duty on corporations imposed by definition of global human rights. Such rights also involve considerations of enforcement and funding (or compensation). (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)

While human rights law has evolved to provide guidance to governments in realizing human rights in public health emergencies, the COVID-19 pandemic has challenged the foundations of human rights in global health governance. Public health responses to the pandemic have undermined international human rights obligations to realize the rights to health and life, human rights that underlie public health, and international assistance and cooperation. As governments prepare for revisions (...) of global health law, new opportunities are presented to harmonize global health law and human rights law, strengthening rights-based governance to respond to future threats. (shrink)

This book argues that ultimately human rights can be actualized, in two senses. By answering important challenges to them, the real-world relevance of human rights can be brought out; and people worldwide can be motivated as needed for realizing human rights. Taking a perspective from moral and political philosophy, the book focuses on two challenges to human rights that have until now received little attention, but that need to be addressed if (...) class='Hi'>human rights are to remain plausible as a global ideal. Firstly, the challenge of global inequality: how, if at all, can one be sincerely committed to human rights in a structurally greatly unequal world that produces widespread inequalities of human rights protection? Secondly, the challenge of future people: how to adequately include future people in human rights, and how to set adequate priorities between the present and the future, especially in times of climate change? The book also asks whether people worldwide can be motivated to do what it takes to realize human rights. Furthermore, it considers the common and prominent challenges of relativism and of the political abuse of human rights. This book will be of key interest to scholars and students of human rights, political philosophy, and more broadly political theory, philosophy and the wider social sciences. **Open access**, Table of contents: 1. Introduction: Two New Challenges to Human Rights and the Question of Motivation Part I: Preparing the Ground 2. Human Rights: A Conception 3. Common Challenges to Human Rights: The Relativist and the Political Pawns Challenge Part II: Novel Challenges to Human Rights 4. The Challenge of Global Inequality 5. The Challenge of Future People Part III: Getting to Realization 6. The Question of Motivation: Can People Be Motivated as Needed for Realizing Human Rights? 7. Conclusion. (shrink)

We live in a human-rights world. The language of human-rights claims and numerous human-rights institutions shape almost all aspects of our political lives, yet we struggle to know how to judge this development. Scholars give us good reason to be both supportive and sceptical of the universal claims that human rights enable, alternatively suggesting that they are pillars of cross-cultural understanding of justice or the ideological justification of a violent and exclusionary (...) class='Hi'>global order. All too often, however, our evaluations of our human-rights world are not based on sustained consideration of their complex, ambiguous and often contradictory consequences. Reconstructing Human Rights argues that human rights are only as good as the ends they help us realise. We must attend to what ethical principles actually do in the world to know their value. So, for human rights we need to consider how the identity of humanity and the concept of rights shape our thinking, structure our political activity and contribute to social change. Reconstructing Human Rights defends human rights as a tool that should enable us to challenge political authority and established constellations of political membership by making new claims possible. Human rights mobilise the identity of humanity to make demands upon the terms of legitimate authority and challenges established political memberships. In this work, it is argued that this tool should be guided by a democratising ethos in pursuit of that enables claims for more democratic forms of politics and more inclusive political communities. While this work directly engages with debates about human rights in philosophy and political theory, in connecting our evaluations of the value of human rights to their worldly consequences, it will also be of interest to scholars considering human rights across disciplines, including Law, Sociology, and Anthropology. (shrink)

In a recent article Allan Buchanan and Robert Keohane defend the view that one of the necessary conditions for the legitimacy of global governance institutions such as the WTO and the IMF is that they respect basic human rights. I certainly agree that setting the minimal threshold of moral acceptability any lower would be entirely unreasonable. But, unfortunately, the view that global governance institutions have human rights obligations is far from uncontroversial. These institutions themselves (...) go to great lengths to deny such a claim. Their official stance finds strong normative support in the state-centric conception of human rights that dominates both normative debates about human rights and current human rights practice. In this article I challenge some of the normative assumptions behind the state-centric conception in order to defend a pluralist conception that ascribes human rights obligations not only to states but also to non-state actors such as global governance institutions. After briefly analyzing some of the proposals currently under discussion about how to legally entrench the obligation to respect human rights in those institutions, I will defend the feasibility of those proposals against the objection that their implementation is incompatible with the current state-system and thus it would require the creation of a world state. (shrink)

International human rights concepts and documents figure prominently within theories of global justice. Appeals to human rights often rely on theories and interpretations that rank human rights in relation to one another designating some as more important or more crucial than others such that they may or must be given priority. In this paper I argue that hierarchical ranking of human rights should be rejected by theorists of global justice because (...) such ranking: (a) undermines the effectiveness with which human rights operate as principled constraints on state actors; and (b) is inconsistent with the international legal framework and practice from which the human rights concepts and documents draw their rhetorical force. Instead theorists of global justice should accept the indivisibility principle, which states that all human rights are interrelated and interdependent and must be treated on the same footing and given the same emphasis. The attraction of hierarchical ordering rests on misguided concerns about the practicality of indivisibility that fail to properly distinguish between rights and claims and ignore important dimensions of human rights implementation and assessment. I argue that indivisibility is both pragmatically defensible, provides a better theoretical grounding for understanding complaints about violations, and offers a better framework for understanding the relationship between human rights and legitimacy than hierarchical ordering. (shrink)

The last decade has witnessed renewed attempts to regulate the conduct of transnational corporations. One way to do this is via global ethics codes. This paper examines seven such codes (the Sullivan Principles, UN Center for Transnational Corporations’ Draft Code, OECD Guidelines, ILO's Tripartite Declaration, the Caux Round Table Principles for Business, Global Compact, and the United Nations Norms) to determine their coverage of human rights and concludes that if these initiatives succeed, particularly the more recent (...) codes, transnational corporations may emerge as a major force in promoting human rights globally. (shrink)

The connection between health and human rights continues to play a prominent role within global health law. In particular, a number of theorists rely on the claim that there is a relation of interdependence between health and human rights. The nature and extent of this relation, however, is rarely defined, developed or defended in a conceptually robust way. This paper seeks to explore the source, scope and strength of this putative relation and what role it (...) might play in developing a global health law framework. (shrink)

There is a global shortage of nurses that affects healthcare delivery, which will be exacerbated with the increasing demand for healthcare professionals by the aging population. The growing shortage requires an ethical exploration on the issue of nurse migration. In this article, we discuss how migration respects the autonomy of nurses, increases cultural diversity, and leads to improved patient satisfaction and health outcomes. We also discuss the potential for negative impacts on public health infrastructures, lack of respect for cultural (...) diversity, and ethical concerns related to autonomy and justice, including coercion and discrimination. This analysis is written from a rights-based ethics approach by referring to rights held by nurses and patient populations. Nurse migration highlights conflicts between nurses and between nurses and healthcare systems. Increased awareness of ethical challenges surrounding nurse migration must be addressed to enhance the well-being of nurses and patient populations. (shrink)

This essay argues that human rights are a necessary condition for global democracy. Human rights constrain power, enable meaningful political agency, and support and promote democratic regimes within states, all of which are fundamental elements in any scheme for global democracy.

Global bioethics is a bold project. In its moderate form, it aims to find solutions to the dilemmas posed by modern medicine and the biological sciences through intercultural understanding of human obligations and opportunities. In its more ambitious form, it endeavors to cover all possible ethical problems arising with regard to life and living things on earth. Given the ambitiousness of even the moderate aim, it is unsurprising that disputes are frequent and agreements are scarce. One of the (...) most contentious issues is whether human rights should play an important role in global bioethics or not. a. (shrink)

Human rights and democracy have been regarded as a mutually reinforcing couple by many political theorists to date. The internationalisation of human rights post-1945 is often said to have severed those links, however. Accounting for the legitimacy of international human rights requires exploring how human rights and democracy, once they have been decoupled or disconnected, can be recoupled or reunited across governance levels and maybe even at the same governance level albeit beyond (...) the state. The article does so in three steps. The first prong of the argument is dedicated to presenting the moral-political nature of human rights and their relationship to political equality and, hence, their inherent legal nature from a democratic theory perspective. The second section of the article then draws some implications for the domestic or international levels of legal recognition and specification of human rights by reference to their legitimation within the domestic democratic community. It explains the mutual relationship between human rights and citizens’ rights and where international human rights draw their democratic legitimacy from. In the third and final section, the author discusses potential changes in the nature and legitimacy of international human rights once political structures beyond the state become more democratic, and human rights and democracy are being recoupled again at various levels of governance. The European Union being one of the most advanced examples of post-national political integration, recent developments in the regime of human rights protection within the EU are discussed in this new light. In a final step, the transposition to the global level of the argument developed in the European case is assessed and the author flags issues for further research on what democratic theorists should hope for in the new global order.Keywords: democracy; human rights; legitimacy; citizens’ rights; Maus; right to have rights; Arendt; legal rights; international law; EU; global institutions; Habermas; Lafont. (shrink)

Communism lost the Cold War, not to pure free market capitalism, but to a range of diverse economic systems based onvarying degrees and forms of social regulation of the market. Such social regulation was possible because both polities and economies were primarily national. Since the end of the Cold War, there has been rapid globalization of the economy, but not of effective social regulation. Incipient global political institutions are too weak to regulate global corporate power, while national governments (...) no longer have sufficient reach to regulate large multinationals. Corporate self-regulation has begun, but only haltingly and mostly ineffectively.While global prosperity has risen dramatically in recent decades, not everyone has progressed since the end of the Cold War. Since 1990 some 55 countries have had declining per capita incomes, while inequality has risen within and between countries. It is too soon to say whether global capitalism will be saved from itself by regulation, just as American national capitalism may have been saved by the New Deal reforms it opposed. As Pope John Paul II has warned, the world must not succumb to a "radical capitalist ideology" which "blindly entrusts" social problems to market forces. (shrink)

The success of any cosmopolitan political project depends on the development of forms of transnational solidarity that go beyond particularist commitments of kin, community, or nation. In this paper, I analyze how transnational solidarity can be generated around basic human rights. Rather than presupposing strong conceptions of a common humanity or a pre-existing sentiment of universal benevolence, I propose that the global discourse on human rights itself – an ongoing, dynamic, and dialogical process carried out (...) within global public spheres – be considered a form of or at least as a developing source for transnational solidarity. Together with the politics of human rights promoted by NGOs within global public spheres, this global discourse can contribute to constructing transnational solidarity around human rights. But a human right to basic subsistence, and commitment to fulfilling the correlative duties to the global poor, must be central to the cross-cultural dialogue on human rights for their to be adequate transnational solidarity around a global human rights regime. I frame my central argument through an engagement with Jürgen Habermas's revision of the Kantian cosmopolitan project. (shrink)

On most accounts of global democracy, human rights are ascribed a central function. Still, their conceptual role in global democracy is often unclear. Two recent attempts to remedy this deficiency have been made by James Bohman and Michael Goodhart. What is interesting about their proposals is that they make the case that under the present circumstances of politics, global democracy is best conceptualized in terms of human rights. Although the article is sympathetic to (...) this ‘human rights approach’, it defends the thesis that human rights are not enough for global democracy. It argues that insofar as we hold on to the general idea of democracy as a normative ideal of self-determination (self-rule) that is, of people determining their own lives and ruling over themselves, the concept of democracy accommodates two necessary conditions, namely, political bindingness and political equality. Further, it argues that neither Bohman's nor Goodhart's accounts fulfills these conditions and that one explanation for this could be traced to a lack of clarity concerning the distinction between democracy as normative ideal and democracy as decision method or rules (for example, institutions, laws and norms) for regulating social interactions. This ambiguity has implications for both Goodhart and Bohman. In Goodhart's work it manifests itself as a vagueness concerning the difference between political agency and democratic agency; in Bohman's work it becomes unclear whether he contributes a normative democratic theory or a theory of democratization. Although this article develops both a conceptual and a normative argument against their proposals, the aim is not to find fault with them but to point to questions that are in need of further elaboration to make them more convincing. (shrink)

This paper considers political agency and space as found in Cavarero's For More Than One Voice: Toward a Philosophy of Vocal Expression in order to take a critical philosophical approach to human rights education and the political implications of its increasingly legal discourse. Like Arendt, Cavarero is concerned with a radical rethinking of political space, as not limited to place or legal borders, but bound by our human condition of plurality and relationality. Both Arendt and Cavarero want (...) politics to be coupled with justice, nevertheless, Cavarero provides a notion of politics that lets us think beyond territorial terms of a polis, which opens for exploring an expanded conceptualization of human rights politics, as not bound by national legislative measures, but as concerning political action in-between human beings. In contrast to the dominant discourse on ‘human rights experts’ who frame the content for HRE, the notion of ‘absolute local space’ questions the dichotomy of universal/particular in raising the importance of a plurality of unique voices who create a spectrum for the universality of rights. (shrink)

Knowledge about the ‘other’ is one of the founding pillars for the development of global political theory. Although human rights are an important part of the moral and legal discourse on global governance, there is still a gap between these theories and detailed accounts of human rights violations and the context for resistance. This article examines the treatment of the ‘other’ in a specific country (Iran), and the oppression as Muslims of Iranians living abroad, (...) in order to begin to fill this gap. More specifically, it is argued that anthropology, journalism and diaspora literature about Iran provide useful input for the field of global political theory on human rights, democratisation and global justice. This literature helps bring home the realities of human rights violations, contributes to a better understanding of injustice and ways of creating social change, and illuminates issues of universality and difference that are of direct relevance to global political theory. (shrink)

On most accounts of global democracy, human rights are ascribed a central function. Still, their conceptual role in global democracy is often unclear. Two recent attempts to remedy this deficiency have been made by James Bohman and Michael Goodhart. What is interesting about their proposals is that they make the case that under the present circumstances of politics, global democracy is best conceptualized in terms of human rights. Although the article is sympathetic to (...) this ‘human rights approach’, it defends the thesis that human rights are not enough for global democracy. It argues that insofar as we hold on to the general idea of democracy as a normative ideal of self-determination (self-rule) that is, of people determining their own lives and ruling over themselves, the concept of democracy accommodates two necessary conditions, namely, political bindingness and political equality. Further, it argues that neither Bohman’s nor Goodhart’s accounts fulfills these conditions and that one explanation for this could be traced to a lack of clarity concerning the distinction between democracy as normative ideal and democracy as decision method or rules (for example, institutions, laws and norms) for regulating social interactions. This ambiguity has implications for both Goodhart and Bohman. In Goodhart’s work it manifests itself as a vagueness concerning the difference between political agency and democratic agency; in Bohman’s work it becomes unclear whether he contributes a normative democratic theory or a theory of democratization. Although this article develops both a conceptual and a normative argument against their proposals, the aim is not to find fault with them but to point to questions that are in need of further elaboration to make them more convincing. (shrink)

This paper examines the problems that various contemporary human rights discourses face with relativism, with special reference to the global protection of women’s rights. These problems are set within the theoretical debate between the Western liberal individualism on the one hand, and African, Asian and Islamic collectivist communitarianism on the other. Instead of trying to prove the superiority of one theoretical approach over the other, the purpose here is to point out some of the most common (...) logical fallacies and cultural biases that have led to false polarizations between the various theoretical foundations of human rights discourse. The paper highlights these errors and inaccuracies with a view to diminishing the dichotomies between the various philosophical foundations of human rights, particularly in connection to the promotion of women’s rights. This is done in order to pave the way for more open and impartial political, cultural and gender dialogue in the promotion of human rights both in theory and in practice. (shrink)

How are the human rights pertaining to the freedom of conscience/religion, health, and distinct culture intersect in the context of a global pandemic in the Muslim-minority areas? How do Russia’s Muslims make sense of the challenges to those rights caused or exacerbated by the COVID-19 pandemic? In this paper, I focus on diverse Muslim Tatar communities, primarily of the Middle Volga region, who have recently witnessed numerous political and socioeconomic challenges infringing on their human (...) class='Hi'>rights. Attending on the period of the COVID-19 pandemic, in this paper I gauge the nature of human rights in the areas of health and religion by interrogating how the general Muslim publics and elites understand, justify, and explain those challenges in an environment of creeping authoritarianism. I call for a conceptual shift from the elite-driven traditional security perspectives to those of human rights as quotidian/everyday experiences while considering these vital issues. I use the Tatar-language Internet forums for the empirical analysis, offering and delineating the discursive repertoires and categorizing the areas of public concern in the new pandemic world. (shrink)

Since the mid-1990s, the international norms for global development have been redefined under non-governmental organizations’ critical e-mobilizations, powered by new media. International governmental organizations have been forced to make policy adjustments or concessions, resulting in new IGOs-NGOs policy regimes for consultative consensus building and for protecting people’s economic, social, and cultural rights for enhancing social quality. This paper examines the emerging cosmopolitanism in the information age, focusing on NGOs’ advocacy networks, to understand the new media-enhanced participatory regime for (...) global governance. It also illustrates a new form of social participation, as promoted by social quality theory, in the age of e-globalization and the information society. The paper has five parts. After outlining the globalization project threatening ESC rights, the second section examines critical engagements of NGOs and IGOs for human rights promotion. Parts three and four discuss, respectively, the struggles for ESC rights in shaping new ethics and norms for global development, and the variations of new social media mobilization. The paper ends with critical remarks on the project for larger freedom and human rights for all. (shrink)

The objective of this research is to find the meeting point between the second precept of Pancasila and the global ethics of Kung. The article also discusses the value of the second precept of Pancasila as found in the global ethics. This research is intended to recognise human rights as the convergence of the second sila (principle) of Pancasila, namely, 'a just and civilised humanity' with Hans Kung's global ethics. The method used in this research (...) is a literature study containing relevant theories. The second principle of Pancasila, Kemanusiaan yang Adil dan Beradab, is the basis for understanding the life of humanity, unity and justice in Indonesia and becomes the basis for humans to understand themselves and others. CONTRIBUTION: This research offers significant insights into the value of human rights as a meeting point between the second sila of Pancasila and Hans Kung's global ethics. The second sila of Pancasila and Hans Kung's global ethics emphasise that everyone has rights. Human rights do not contradict with the typical Indonesian culture of deliberation and mutual cooperation, because the second principle of Pancasila, namely, a just and civilised humanity, is the basis for ensuring human rights. The Constitution of Indonesia of 1945, article 27 paragraph 1 also guarantees human rights. Human rights do not encourage individualism; instead, they protect individuals and groups. Human rights are not meant to promote egoism, but they help to maintain solidarity among people and ensure the well-being of society. They are a means to respect human dignity and protect the weak. (shrink)

Human rights discourse has been likened to a global lingua franca, and in more ways than one, the analogy seems apt. Human rights discourse is a language that is used by all yet belongs uniquely to no particular place. It crosses not only the borders between nation-states, but also the divide between national law and international law: it appears in national constitutions and international treaties alike. But is it possible to conceive of human (...) class='Hi'>rights as a global language or lingua franca not just in a figurative or metaphorical sense, but in a literal or linguistic sense as a legal dialect defined by distinctive patterns of word choice and usage? Does there exist a global language of human rights that transcends not only national borders, but also the divide between domestic and international law? Empirical analysis suggests that the answer is yes, but this global language comes in at least two variants or dialects. New techniques for performing automated content analysis enable us to analyze the bulk of all national constitutions over the last two centuries, together with the world’s leading regional and international human rights instruments, for patterns of linguistic similarity and to evaluate how much language, if any, they share in common. Specifically, we employ a technique known as topic modeling that disassembles texts into recurring verbal patterns. The results highlight the existence of two species or dialects of rights talk—the universalist dialect and the positive-rights dialect—both of which are global in reach and rising in popularity. The universalist dialect is generic in content and draws heavily on the type of language found in international and regional human rights instruments. It appears in particularly large doses in the constitutions of transitional states, developing states, and states that have been heavily exposed to the influence of the international community. The positive-rights dialect, by contrast, is characterized by its substantive emphasis on positive rights of a social or economic variety, and by its prevalence in lengthier constitutions and constitutions from outside the common law world, especially those of the Spanish-speaking world. Both dialects of rights talk are truly transnational, in the sense that they appear simultaneously in national, regional, and international legal instruments and transcend the distinction between domestic and international law. Their existence attests to the blurring of the boundary between constitutional law and international law. (shrink)

Can we respond to injustices in the world in ways that do more than just address their consequences? In this book, Brooke A. Ackerly argues that what to do about injustice is not just an ethical or moral question, but a political question about assuming responsibility for injustice. Ultimately, Just Responsibility offers a theory of global injustice and political responsibility that can guide action.

An analysis of the evolution of the overlapping histories of human rights and development, and an exploration of the alternatives, through the lens of indigenous and other southern theories and epistemologies.

The principle of respect for human dignity plays a crucial role in the emerging global norms relating to bioethics, in particular in the UNESCO Universal Declaration on Bioethics and Human Rights. This instrument, which is a legal, not merely an ethical document, can be regarded as an extension of international human rights law into the field of biomedicine. Although the Declaration does not explicitly define human dignity, it would be a mistake to see (...) the emphasis put on this notion as a mere rhetorical strategy. Rather, the appeal to dignity reflects a real concern about the need to promote respect both for the intrinsic worth of human beings and for the integrity of the human species. But dignity alone cannot solve most of the dilemmas posed by biomedical practice. This is why international biolaw combines, on the one hand, the appeal to human dignity as an overarching principle with, on the other hand, the recourse to human rights, which provide an effective and practical way forward for dealing with bioethical issues at a global level. (shrink)

This paper examines the contributions that the international human rights community can make to the definition and framing of a practically effective global ethic, especially in light of ongoing concerns about social and economic justice, environmental issues, and systematic abuses of vulnerable populations. The principal argument is that the human rights movement in all of its dimensions (moral, legal, political) provides the pivotal foundation for a practicable global ethic now and for the foreseeable future. (...) Evidence for the truth of this claim is discerned in the movement's contemporary efforts to intersect explicitly with other areas of international law and politics. Examples adduced include developments with respect to the rights of indigenous peoples, decision making about the environment, and transitional justice. (shrink)

This article offers an integrated account of two strands of global health justice: health-related human rights and health-related common goods. After sketching a general understanding of the nature of human rights, it proceeds to explain both how individual human rights are to be individuated and the content of their associated obligations specified. With respect to both issues, the human right to health is taken as the primary illustration. It is argued that the (...) individuation of the right to health is fixed by reference to the subject matter of its corresponding obligations, and not by the interests it serves, and the specification of the content of that right must be properly responsive to thresholds of possibility and burden. The article concludes by insisting that human rights cannot constitute the whole of global health justice and that, in addition, other considerations—including the promotion of health-related global public goods—should also shape such policy. Moreover, the relationship between human rights and common goods should not be conceived as mutually exclusive. On the contrary, there sometimes exists an individual right to some aspect of a common good, including a right to benefit from health-related common goods such as programmes for securing herd immunity from diphtheria. (shrink)

Cultural differences pose a serious challenge to the ethics and governance of artificial intelligence from a global perspective. Cultural differences may enable malignant actors to disregard the demand of important ethical values or even to justify the violation of them through deference to the local culture, either by affirming the local culture lacks specific ethical values, e.g., privacy, or by asserting the local culture upholds conflicting values, e.g., state intervention is good. One response to this challenge is the (...) class='Hi'>human rights approach to AI governance, which is intended to be a universal and globally enforceable framework. The proponents of the approach, however, have so far neglected the challenge from cultural differences or left out the implications of cultural diversity in their works. This is surprising because human rights theorists have long recognized the significance of cultural pluralism for human rights. Accordingly, the approach may not be straightforwardly applicable in “non-Western” contexts because of cultural differences, and it may also be critiqued as philosophically incomplete insofar as the approach does not account for the role of culture. This commentary examines the human rights approach to AI governance with an emphasis on cultural values and the role of culture. Particularly, I show that the consideration of cultural values is essential to the human rights approach for both philosophical and instrumental reasons. (shrink)