bluuebunny/crossref_metadata_2025 huggingface dataset:
Moral Agency and International Society
Authors: Brown Chris
Published: August 2006

There is no body that has the legal right to exercise agency on behalf of international society (IS), even though the notion of “society” encapsulated in IS is, in principle, close to that conveyed by bodies such as clubs and associations that can be represented by, for example, a board of directors or governing committee. Some have argued that the UN or the Security Council can exercise agency on behalf of IS, but in view of the “underinstitutionalization” of IS in the UN, a more interesting possibility is that groups of states may authorize themselves to act on the behalf of IS as “coalitions of the willing.” However, the contrasting experience of the Gulf War of 1990/91 and the Kosovo campaign of 1999 suggest that the degree of ideological coherence of the coalition in question is an important variable here - in 1999, NATO was able with some plausibility to represent the wider international society because of its commitment to certain core democratic values, while in 1991 the Gulf War coalition could only act conservatively in restoring the status quo because of its diverse nature.
The Anti-Sweatshop Movement: Constructing Corporate Moral Agency in the Global Apparel Industry
Authors: De Winter Rebecca
Published: August 2006

This essay examines the impact of activist mobilization within the anti-sweatshop movement on shared understandings of corporate moral agency. The anti-sweatshop movement represents a transnational advocacy network, which arose in response to the global restructuring of the apparel industry and is organizing to demand that apparel manufacturers be accountable to communities, workers, and consumers. The movement has been central in contesting received notions of corporate rights and responsibilities and in reconstituting the boundaries of the corporate moral agent. Underpinning this investigation is a discussion of the ascription of moral agency to collective actors. With the aid of a relational approach, it is argued that corporate moral agency is a construct emerging out of social historical interactions that reflect processes through which the boundaries of actors are drawn and justified. Through the use of rhetoric linking private economic transactions and international labor and human rights standards, the movement has successfully challenged corporate practices that were previously considered unremarkable.
Place-Based Environmentalism and Global Warming: Conceptual Contradictions of American Environmentalism
Authors: Smith Daniel Somers
Published: August 2006

Until recently, the history of environmentalism was primarily a history of attention to place. In the United States, environmentalists have gotten rather good at protecting and managing particular places such as mountains, forests, and watersheds and specific resources such as trees, soil, wildlife, air, and water. Environmentalism has become an enormously popular social movement, with, by some measures, more than 80 percent of Americans considering themselves environmentalists. Thousands of organizations, ranging from local volunteer groups to national nonprofits, address issues as diverse as open space, air and water pollution, biological diversity, environmental justice, and environmental effects on human health. The successes of this movement have been striking. Our National Parks, National Forests, and wilderness areas are touted as models for the world and are well complemented by state, municipal, and private protected areas. The Endangered Species Act successfully resolves many conflicts between rare creatures and development. Rivers have been cleaned up, and once-spurned urban waterfronts now draw real estate and tourism development. Americans drink cleaner water and breathe cleaner air than much of the rest of the world, and attempts to weaken regulatory frameworks are consistently met with public disapproval.
Identifying Limits on a Borderless Map
Authors: Falk Richard
Published: August 2006

Two requirements have governed my thinking about an appropriate response to the attacks of September 11: the urgent need for action that would greatly reduce the threat of future mega-terrorist incidents, and the necessity of recognizing the appropriate legal, moral, and political limits to waging a defensive war.
The Law's Response to September 11
Authors: Wedgwood Ruth
Published: August 2006

It is hard to watch a society's political virtues mocked as weakness by an uncomprehending foe. The fireball attacks of September 11 against the World Trade Center towers and the Pentagon consumed the lives of more than 3,000 ordinary people—Americans and foreign visitors , business people, secretaries, schoolchildren visiting the Pentagon, travelers flying home. Like Joseph Conrad's terrorist who wished to destroy pure mathematics and settled for the Greenwich clock tower, this was an attack on civil society and global economy, and worst of all, on the innocence of noncombatants.
Comprehending “Evil”: Challenges for Law and Policy
Authors: Klusmeyer Douglas , Suhrke Astri
Published: August 2006

In the aftermath of the attacks in New York and Washington on September 11, the categories of “good” and “evil” have come to dominate the rhetorical response of the U.S. government. This article investigates the implications of using the concept of “evil” as a major public policy rationale. The article focuses on the Bush Administration's attempts to frame its policy around this term in the current campaign against terrorism, but also considers recent uses of the term in the growing literature on war crimes, genocide, and domestic repression. Because the concept of evil has deep roots in various theological understandings, we examine its religious meanings (largely within the Christian tradition) and the problems that arise when applying it in the secular context of government policy. In assessing these problems, we focus on Hannah Arendt's efforts to comprehend the evils of totalitarianism within a secular perspective.

We argue that in contemporary policy discourse, “evil” is mostly invoked as a term of condemnation rather than an analytical concept, and that this usage tends to inhibit rather than encourage the search for explanation. It facilitates evasion of accountability within a secular framework of justice based on positive law. The alternative is to approach terrorism in the language of secular law, which rests on fixed criteria to regulate the use of force (in situations of war) and to prosecute and punish (in matters of crime). Such an approach complements and should encourage parallel efforts to comprehend events by examining their causes and historical context.
The Moral Basis of Humanitarian Intervention
Authors: Nardin Terry
Published: August 2006

This article discusses the moral principles underlying the idea of humanitarian intervention. The analysis is in two parts, one historical and the other philosophical. First, the article examines arguments made in late medieval and early modern Europe for using armed force to punish the violation of natural law and to defend communities from tyranny and oppression, regardless of where they occur. It seeks to understand how moralists writing before the emergence of modern international law conceived what we now call humanitarian intervention.

In the context of international law, humanitarian intervention is usually understood to be an exception to the nonintervention principle. However, the natural law tradition regards international law as less important than the moral imperative to punish wrongs and protect the innocent.

Second, the article considers how humanitarian intervention is justified within the reformulation of the natural law tradition displayed in recent efforts to theorize morality along Kantian lines. In this reformulation, humanitarian intervention is a product of the duty of beneficence and, more specifically, of the right to use force to protect the innocent. The article draws upon the biblical injunction “Thou shalt not stand idly by the blood of thy neighbor,” which has become a centerpiece of the modern reformulation, and briefly explores its application to humanitarian intervention in the context of international relations today. This reformulation of natural law explains why, despite modern efforts to make it illegal, humanitarian intervention remains, in principle, morally defensible.
Facts, Theories, and Hard Choices
Authors: Kuper Andrew
Published: August 2006

The main thrust of my argument was that ad hoc suggestions of charity cannot replace a systematic and theoretically informed approach to poverty relief. Charitable donation sometimes helps—and sometimes harms—but is no general solution to global poverty, and can be positively dangerous when presented as such. We need to consider, and often choose, other routes to helping the poor—including ethical tourism and fair trade in luxury goods. We will not be able to invest in such feasible routes if we give away all our extra income, as Singer recommends. Sticking to donation above all, when a combination of other strategies is necessary, is highly likely to harm the poor.
Resolving International Debt Crises Fairly
Authors: Pettifor Ann
Published: August 2006

If global economic justice is to be achieved, debt crises must be assessed within the broader context of the international financial system. This system, which has been largely imposed by a small group of powerful financial agents in the Organisation for Economic Co-operation and Development countries, has led to instability and recurrent financial crises that have severely harmed the interests of poor countries and their people. Responsibility for bearing the costs of debt crises and other negative effects of the prevailing international financial system should therefore be assumed by those who have contributed to bringing them about. At present, however, the burden of economic “adjustments” during debt crises has fallen disproportionately on poor debtor nations, and debates regarding debt management have been dominated by individual, corporate, and official creditors. This essay presents the case for institutional reforms that can better protect the human rights of citizens of sovereign debtor nations during debt crises.
Reviving Troubled Economies
Authors: Boorman Jack
Published: August 2006

There would be few dissenters from the general proposition that we should try to deal justly with debt. We have all watched in horror the collapse that has taken place in Argentina and the enormous cost paid by so many people in that country—as well as by the creditors of Argentina—from the massive financial and economic dislocation and disruption. I do not believe that what has occurred was inevitable.

Unfortunately, some who address this issue of dealing with unmanageable debt situations have offered advice that, while emotionally appealing, is not operationally helpful. I will describe and justify the rationale and design of the proposal put forward by the International Monetary Fund for a Sovereign Debt Restructuring Mechanism (SDRM). Its major goal is to help reduce the unacceptably large costs associated with disorderly defaults by sovereign governments whose debt burdens have become unsustainable. The SDRM aims to get the countries' debts to sustainable positions and deal with the broader needs of the countries through the full array of aid and other mechanisms that are available— and, indeed, to enlarge and enhance these initiatives. I will also explain my misgivings about some of the other proposals, including the ones coming from the NGO community.
Sovereign Debt Restructuring Proposals: A Comparative Look
Authors: Palley Thomas I.
Published: August 2006

A range of different solutions, as the contributions to this roundtable show, has been proposed regarding the problem of sovereign borrower insolvency. Two prominent factors need to be taken into account in assessing the merits of each proposal: its impact on economic efficiency, in particular on the supply and price of credit for developing countries, and its regard for considerations of justice and procedural fairness.
Liberal Empire: Assessing the Arguments
Authors: Purdy Jedediah
Published: August 2006

This essay is an attempt to take the idea of empire seriously as an element in normative political theory. The sudden reappearance of “empire” as a doctrine to be taken seriously had some of the thrill of the forbidden. Who would dare to endorse imperial ambitions as good for their country or, more heretical still, good for the world? Iconoclasm, though, is a short-lived pleasure. Now that the concept of empire has shed its pariah status, the time has come for some rigor in characterizing and assessing the arguments for empire.
Empire and Moral Identity
Authors: Mehta Pratap Bhanu
Published: August 2006

Justifications and criticisms of empire have often focused on the effects of empire on imperial “subjects.” But an older criticism of empire equally focuses upon the way the possession of empire transforms the identity of the imperial state itself by altering its constitution, implicating its people in projects that happen elsewhere, and forcing them to define their relationship to applications of power in a radically new way. On this view the real danger of empire often is the effect it has on the state possessing the empire. In our times in particular, empire is thought to have a profound impact on the functioning of democracy in the imperial state itself. This article seeks to recover the moral sensibility that lies behind this form of moral criticism. It also seeks to examine, briefly, whether America is vulnerable to the “corruptions” of empire and the weight we should place on this moral consideration.
The Invisible Hand of the American Empire
Authors: Wade Robert Hunter
Published: August 2006

In the field of interstate military affairs it makes sense to talk of an American empire; but not in interstate economic affairs where the world remains thoroughly multipolar. So says Joseph Nye. This essay disagrees with the second part. It proceeds by way of a thought experiment. Imagine you are an aspiring modern-day emperor in a world of sovereign capitalist states. What sort of framework do you create such that (a) it sets the context in which all states and firms have to operate if they are not to exclude themselves from the world economy; (b) it channels normal market competition so as to benefit your firms and citizens disproportionately; and (c) it allows your economic statescraft to operate with fewer constraints than it imposes on everyone else's? The essay argues that the United States has indeed created such a framework since the 1970s, based on dollar dominance and American-centered private (not public) international financial relations. The framework allows the United States to keep spending far more abroad than it earns there–to have more butter and more guns (including military bases)–to a degree that other states cannot; and allows the United States to make the dollar swing high or low in accordance with American conditions, regardless of the costs inflicted on others. This is the paradox of economic globalization: it looks like the “powerless” expansion of communications and markets, but works to enhance the ability of the United States to harness the rest of the world to its rhythms and fortify its empire-like power. Concerted action between Europe and China and the East Asia countries is a vent for hope.
Representing Contemporary War
Authors: Campbell David
Published: August 2006

“… Sontag not only challenges the compassion fatigue thesis; she questions the notion of the CNN effect. With regard to inaction in Bosnia despite the steady stream of images of ethnic cleansing that made their way out of Sarajevo, Sontag argues that people didn't turn off because they were either overwhelmed by their quantity or anaesthetized by their quality. Rather, they switched off because American and European leaders proclaimed it was an intractable and irresolvable situation. The political context into which the pictures were being inserted was already set, with military intervention not an option, and no amount of horrific photographs was going to change that….

… In the Iraq war of 2003 imagery was central to the conflict and often the subject of conflict itself. In this context, the Pentagon's strategy of “embedding” reporters and their camera crews with fighting units, and having them operate at the behest of that unit, continues the long-running tradition of a close relationship between the media and the military…. Given this, Sontag is perhaps surprisingly sanguine about the genuineness of war photography in the contemporary period. While recognizing that many of the now iconic combat images of the pre-Vietnam period were staged, she sees Vietnam as a watershed such that “the practice of inventing dramatic news pictures, staging them for the camera, seems on its way to becoming a lost art.” Insofar as Sontag is referring to the likelihood of individual photographers seeking to deceive, she may be right. There was, however, at least one notable instance in Iraq of digital manipulation. This resulted in the Los Angeles Times sacking award-winning staff photographer Brian Walski, whose altered image of a British soldier in Basra (he had combined two photos into one to improve marginally composition) was used on the paper's front page….

… What is most striking about the embedded journalists' coverage of the Iraq war is the way in which the images of the conflict produced by the allies' media was so relatively clean, being largely devoid of the dead bodies that mark a major conflict. In this outcome, the media is a willing accomplice….”
The Global Warming Tragedy and the Dangerous Illusion of the Kyoto Protocol
Authors: Gardiner Stephen M.
Published: August 2006

In 2001, 178 of the world's nations reached agreement on a treaty to combat global climate change brought on by anthropogenic emissions of greenhouse gases. Despite the notable omission of the United States, representatives of the participants, and many newspapers around the world, expressed elation. Margot Wallström, the environment commissioner of the European Union, went so far as to declare, “Now we can go home and look our children in the eye and be proud of what we have done.”

In this article, I argue for two theses. First, the rhetoric and euphoria surrounding the 2001 deal is misplaced. This is not, as is often said, because the Kyoto agreement is too demanding but rather because it is much too weak. In particular, the Kyoto agreement does little to protect future generations. On the contrary, (at best) it seems to be a prudent wait-and-see policy for the present generation, narrowly defined. Hence, even those countries who have endorsed the Kyoto agreement should be wary of looking their children in the eye, and none should relish facing their children's children.

Second, the failure of the Kyoto agreement can be explained in terms of the underlying structure of the problem. Climate change involves the intersection of a complex set of intergenerational and intragenerational collective action problems. This structure, and in particular its intergenerational aspect, has not been adequately appreciated. Yet until it is, we are doomed to an ineffectual environmental policy.
Innocent Attackers and Rights of Self-Defense
Authors: Mapel David R.
Published: August 2006

Imagine that a neighboring state drafts an army of ignorant soldiers, makes them falsely believe that your state poses an imminent threat to their survival or political independence, and then launches them across your border. As a soldier, would you have a right to kill such attackers in self-defense or in defense of your country? In this brief comment, I will focus primarily on the question of whether one may kill “innocent attackers,” that is, individuals who pose a lethal threat through no moral fault of their own, but because they are acting under a combination of duress and nonculpable ignorance.
Humanitarianism Sacrificed: Integration's False Promise
Authors: de Torrenté Nicolas
Published: August 2006

In recent years, there have been concerted efforts to ensure that the different components of the international response to crisis-affected countries, whether conducted under the banner of the United Nations or not, are integrated in pursuit of a stated goal of comprehensive, durable, and just resolution of conflict. This includes a drive to purposefully make humanitarian assistance to victims, one of the principal forms of outside involvement in crisis situations, supportive of the “international community's” political ambition. The implication of the coherence agenda is that meeting lifesaving needs is too limited in scope, and that the principles of impartiality, neutrality, and independence that have typically characterized humanitarian action should be set aside in order to harness aid to the “higher” goals of peace, security, and development.
An Elusive Quest: Integration in the Response to the Afghan Crisis
Authors: Donini Antonio
Published: August 2006

The UN humanitarian response in Afghanistan spans fifteen years during which humanitarianism has waxed and waned. A retrospective look at this period provides insights on an interesting range of approaches and respect/disrespect for basic humanitarian principles. Afghanistan shows, for example, that definitions of what was “humanitarian” have expanded and contracted to suit particular political contexts. During the Taliban period the definition of humanitarian action was extremely wide and covered rehabilitation and even development activities; post-September 11 we see a dangerous level of contraction that compromises the application of its basic principles for the sake of pursuing nation-building activities in the service of political agendas.
Understanding Integration from Rwanda to Iraq
Authors: Macrae Joanna
Published: August 2006

The past decade has seen profound changes in the relationship between humanitarian and political action. The political determinants of humanitarian crises are now acknowledged, so too is their chronicity, and the limits of relief aid as a form of intervention are thus more fully understood. In 1994, in the refugee camps of Goma, Zaire, there was widespread manipulation of aid resources by armed groups implicated in the genocide in Rwanda. This experience highlighted a wider concern that, rather than doing good, emergency aid can fuel violence. The apparent consensus that humanitarian assistance can somehow stand outside politics gave way to calls for tighter linkage between aid and political responses to crises.
The Value of Integration: A U.S. Perspective
Authors: Dewey Arthur E.
Published: August 2006

The integration of humanitarian action into intervention operations, and particularly the inclusion of a military component, carries risks—but none so great as to be worth sacrificing integration on the altar of humanitarian purity. As in the case of Iraq in the first, emergency phase of an operation, humanitarian teams working closely with the combat troops can greatly reduce civilian suffering caused by shock, displacement, and lack of access to necessities of daily life. In the transition phase, as the military begins to turn over power to an independent political authority, integration of development teams is likewise important. Integration in the interest of humanity is no vice. Humanitarian exclusivity in the interest of purity is no virtue.
Improving the U.S. Government's Humanitarian Response
Authors: Menghetti Anita , Drumtra Jeff
Published: August 2006

The Office of U.S. Foreign Disaster Assistance (OFDA) was created in 1964 to provide emergency nonfood humanitarian assistance in response to international crises and disasters, in order to save lives and alleviate human suffering and to reduce the economic impact of those disasters. The office operates under the overall mandate of the U.S. Agency for International Development (USAID), which is to provide “economic, development and humanitarian assistance around the world in support of the foreign policy goals of the United States.”1 OFDA coordinates relief efforts for the U.S. government, and funds relief efforts by UN humanitarian agencies, private nongovernmental organizations (NGOs), and other international organizations.
International Financial Institutions and Financial Accountability
Authors: Raffer Kunibert
Published: August 2006

While useful proposals to reform International Financial Institutions (IFIs) have been widely discussed, the lack of meaningful financial accountability has received little attention. Considering the substantial damage done by IFIs, this is surprising both from an ethical and an economist's point of view. In a market economy anyone must face the economic consequences of their actions and decisions. If consultants give advice negligently or without obeying minimal professional standards, they have to pay compensation for the damage they have caused. National liability and tort laws serve the purpose of compensating those suffering unlawful damages and of deterring such behavior. By contrast, tortious damage caused by IFIs must be paid by IFIs' borrowers, including many of the world's poorest people. IFIs may even gain financially from their own negligence by extending new loans necessary to repair damages done by their prior loans. One failed adjustment program calls for the next. This mechanism makes IFI-flops generate IFI-jobs and additional income. This perverted incentive system rewarding errors, negligence, and even violations of the very constitutions of IFIs is absolutely at odds with the principles on which Western market economies rest. It must be brought to an end. This essay presents the idea of financial accountability, showing how easily reforms making IFIs financially accountable could be implemented. Moreover, embracing financial accountability would bring IFI operations closer to the intentions of their founders, who wanted IFIs subject to the basic legal and economic concepts of financial accountability not exempt from it. The market mechanism and its beneficial incentive system must finally be brought to IFIs.
Models of International Economic Justice
Authors: Kapstein Ethan B.
Published: August 2006

Articulating and examining the likely consequences of different theoretical and policy approaches to economic justice serves to highlight potential trade-offs and conflicts among them, and helps us to think more carefully about these trade-offs and what their consequences might be. Some of us, for example, might support a liberal free trade regime because we believe it promotes greater income equalityamong countries. But we might also reasonably assert that such a regime exacerbates economic injusticeswithin some countriesby causing dislocation and unemployment, particularly among vulnerable socioeconomic groups such as unskilled workers. This essay presents three models that seek to capture some of the central normative concerns that have been expressed by critics of economic globalization-communitarian, liberal internationalist, and cosmopolitan prioritarian. I indicate the kinds of economic models and data sets that are relevant to determining whether and to what extent greater openness to global trade poses a threat to economic justice as conceived by each of these approaches. Specifically, I use these analytical tools in order to relate changes in openness to foreign trade to other social and economic outcomes, particularly changes in income inequality and poverty, which have tended to draw the attention of nearly all theorists of economic justice. I characterize and critique the approach to economic justice that has been (implicitly) adopted by the major international institutions like the World Bank, International Monetary Fund, and World Trade Organization. I conclude with some policy implications and suggestions for further research in the area of international economic justice.
The Ghosts of Totalitarianism
Authors: Moyn Samuel
Published: August 2006

Tzvetan Todorov's book, originally published in 2000 in French and now available in a superb translation, paused at the end of a violent century to attempt to assess-as the title and subtitle suggest-how to remember it and what lessons to learn. A contemporary figure in the long tradition of French-speaking moralists, Todorov writes beautifully and with ethical passion about some of the darkest crimes in humanity's recent history. For Todorov, these crimes are not just past: reflecting on them can provide guidance for contemporary international affairs, such as NATO's intervention in Kosovo or the current war on terrorism. Todorov's basic theses are two: first, totalitarianism counts as the primary novelty of the twentieth century and has to be the basis for moral reflection about it; second, there is a proper manner of response to totalitarianism, which consists of the defense of a democratic and pluralistic alternative politics, one that reacts to the disasters of the past with moral vigilance in the present.

… Many in France since the mid-1970s have adopted the concept of “totalitarianism”-much criticized elsewhere-to refer to the new alternatives to democratic rule-fascist and communist-thrown up by the twentieth century. … Todorov is intervening in a characteristically French debate in which the distinction of the regimes from one another has become part of a much larger ideological dispute and therefore freighted with heavy implications.

What implications? For of course, it is hard to gainsay Todorov's argument that it is necessary for the experience of politically evil regimes to be at the heart of moral reflection today. Even so, Todorov's book illustrates some of the difficulties toward which such a commitment can lead….
Whose Sovereignty? Empire Versus International Law
Authors: Cohen Jean L.
Published: August 2006

This article focuses on the impact of globalization on international law and the discourse of sovereignty. It challenges the claim that we have entered into a new world order characterized by transnational governance and decentered global law, which have replaced “traditional” international law and rendered the concepts of state sovereignty and international society anachronistic. We are indeed in the presence of something new. But if we drop the concept of sovereignty and buy into the idea that transnational governance has upstaged international treaty organizations, we will misconstrue the nature of contemporary international society and the political choices facing us. In the contemporary context where there is a powerful imperial project afoot (on the part of the United States) that seeks to develop a useful version of global (cosmopolitan) right to justify its self-interested interventions, proposals to abandon the default position of sovereignty and its corollary, the principle of nonintervention in international law, are both premature and dangerous. Instead, we should rethink the normative dimensions of the concept of sovereignty in light of the new principle of sovereign equality articulated in the UN Charter, and show how it can complement cosmopolitan principles such as human rights and collective security. The task is to strengthen, not abandon, international law and supranational institutions, and to foster a global rule of law that protects both the sovereign equality of states, based on a revised conception of sovereignty, and human rights.
Interim Imposition
Authors: Arato Andrew
Published: August 2006

[MacArthur] said that he had issued no orders or directives, and that he had limited himself merely to suggestions…. He stated that it was his belief, that it was his conviction, that a constitution, no matter how good, no matter how well written, forced upon the Japanese by bayonet would last just as long as bayonets were present, and he was certain that the moment force was withdrawn and the Japanese were left to their own devices they would get rid of that constitution.

—Recorded on January 29,1946, by Nelson T. Johnson, Secretary-General of the Far East Commission

In spite of the storm surrounding its first appearance, the cumbersomely named “Law of Administration for the State of Iraq for the Transitional Period” (TAL) has been surprisingly immune from criticism in the West since its initial signing on March 8, 2004. American officials, anxious to declare victories where they can, as well as journalists seeking newsworthiness have insisted on the more accurate and revealing term “interim constitution.” Its technocratic name, designed to neutralize (or hide) its constitutional significance, may partly explain why it has received little critical attention, but a more likely explanation is that many of its readers have rightly or wrongly viewed it as offering better protections for rights, including those of minorities and women, and more safeguards against newforms of authoritarian rule than other constitutions in Islamic countries, especially those in the Arab Middle East, including Iraq's own constitutional past. Commentators are apt to overlook the imposed character of the production of the document, perhaps because they suspect that a more genuinely negotiated and consensual product would very possibly have included fewer supposed protections for rights and safeguards against dictatorship, or at least the “tyranny of the majority.”
Reflections on Journalism in the Transition to Democracy
Authors: Harber Anton
Published: August 2006

New democracies pose a particular challenge for journalists. They are vulnerable and sometimes shaky. One wants them to work and, therefore, one is seeking to define not just what constitutes high-quality and interesting journalism but also how one can best contribute to helping democracy take root. In South Africa, journalists by and large emerged from many years of fighting against state, corporate, and political pressures under apartheid in the 1990s with a fierce commitment to independence. This sentiment was often strongest, predictably, in those institutions that had suffered the most political interference, such as the state broadcaster and the Afrikaans press, both of which had served largely as mouthpieces for the apartheid government.
World Poverty and Human Rights
Authors: Pogge Thomas
Published: August 2006

Despite a high and growing global average income, billions of human beings are still condemned to life long severe poverty, with all its attendant evils of low life expectancy, social exclusion, ill health, illiteracy, dependency, and effective enslavement. The annual death toll from poverty-related causes is around 18 million, or one-third of all human deaths, which adds up to approximately 270 million deaths since the end of the Cold War.
Do We Owe the Global Poor Assistance or Rectification?
Authors: Risse Mathias
Published: August 2006

A central theme throughout Thomas Pogge's pathbreakingWorld Poverty and Human Rightsis that the global political and economic orderharmspeople in developing countries, and that our duty toward the global poor is therefore not to assist them but torectify injustice. But does the global orderharmthe poor? I argue elsewhere that there is a sense in which this is indeed so, at least if a certain empirical thesis is accepted. In this essay, however, I seek to show that the global order not only does not harm the poor but can plausibly be credited with the considerable improvements in human well-being that have been achieved over the last 200 years. Much of what Pogge says about our duties toward developing countries is therefore false.
Human Rights and Positive Duties
Authors: Cruft Rowan
Published: August 2006

InWorld Poverty and Human Rights, Thomas Pogge presents a range of attractive policy proposals—limiting the international resource and borrowing privileges, decentralizing sovereignty, and introducing a “global resources dividend”—aimed at remedying the poverty and suffering generated by the global economic order. These proposals could be motivated as a response topositive dutiesto assist the global poor, or they could be justified onconsequentialistgrounds as likely to promote collective welfare. Perhaps they could even be justified onvirtue-theoreticgrounds as proposals that a just or benevolent person would endorse. But Pogge presents them as a response to the violation ofnegative duties; this makes the need for such remedial policies especially morally urgent—on a par with the obligations of killers to take measures to stop killing.

In this essay, I focus on the claim that responsibility for world poverty should be conceived in terms of a violation of negative duties. I follow Pogge in distinguishing two questions (p. 134): What kind of duties (positive or purely negative?) would we be subject to in a just global society where everyone fulfilled their duty and there was no significant risk of injustice? And what kind of duties (positive or purely negative?) do we face given that our global society falls short of the just society?

I tackle these questions in reverse order below. I argue, in contrast to Pogge, that positive duties are relevant to our answers to both questions.
Contributing and Benefiting: Two Grounds for Duties to the Victims of Injustice
Authors: Anwander Norbert
Published: August 2006

Contrasting his own position with that of those who conceive the moral challenge of global poverty in terms of a positive duty to help, Thomas Pogge suggests that “we may be failing to fulfill our stringent negative duty not to uphold injustice, not to contribute to or profit from [emphasis added] the unjust impoverishment of others” (p. 197). We should conceive of our individual donations and of possible institutionalized initiatives to eradicate poverty not as helping the poor but “as protecting them from the effects of global rules whose injustice benefits us and is our responsibility” (p. 23, emphasis added). Pogge also claims that such activities should be understood in terms of compensation: “The word ‘compensate’ is meant to indicate that how much one should be willing to contribute toward reforming unjust institutions and toward mitigating the harms they cause depends on how much one is contributing to, and benefiting from, their maintenance” (p. 50, emphasis added).

In characterizing wrongful involvement in an unjust social order and the compensatory duties that arise from it, Pogge refers to the terms contribution/responsibility as well as to benefit/profit (the latter are used interchangeably). The first of these factors is unobjectionable: we can take it for granted that there is a negative duty not to contribute to injustice and that those who are responsible for harmful institutions should compensate their victims. I want to raise doubts, however, about the role that Pogge assigns to benefiting from injustice in the determination of our duties toward the victims of injustice. I shall do so by challenging his claim that there is a negative duty not to benefit from injustice, and that the role that benefiting from injustice plays in determining our duties to work toward reforming unjust practices and mitigating their harmful effects is best understood in terms of compensation.
What Do We Owe the Global Poor?
Authors: Satz Debra
Published: August 2006

In his provocative book World Poverty and Human Rights, Thomas Pogge employs two distinct argumentative strategies. The first is ecumenical: Pogge makes powerful arguments for redressing world poverty that aim to appeal to persons with divergent views regarding its causes, and also for the nature and extent of our obligations to the global poor. This is an extremely important part of his book: World Poverty and Human Rights argues that on any reasonable moral theory and across a wide range of views of the ultimate causes of world poverty, we will be seen to have obligations to the world's poor. Pogge's ecumenical argument shows that one does not have to accept a principle of global equality of resources in order to conclude that we have a general obligation to aid other human beings in severe need. I will discuss this strategy of argument at the end of my essay.

In his second and main argumentative strategy, Pogge defends a distinctive normative and empirical perspective. For, at the heart of the book is the thesis that we in the developed countries have special obligations to end world poverty because we have significantly contributed to its existence. Pogge argues for a causal contribution principle, which holds that we are morally responsible for world poverty because and to the extent that we have caused it.

Pogge also argues that our obligations not to harm others apply universally and are stronger than the obligations we have to provide aid. In fact, on Pogge's view global justice involves solely this negative duty—a duty not to inflict harm on others. The central innovation of the book is to defend a normative premise typically associated with libertarianism—that we have strong duties not to harm but only weak duties to benefit people we have not harmed—and conjoin it with an empirical claim to generate an argument for radical global redistribution.

Although there is much else of interest in World Poverty and Human Rights, particularly Pogge's specific policy proposals to diminish global poverty, the causal contribution thesis and the identification of a duty not to harm as the fundamental principle of justice arguably form its intellectual core and central innovations. In this comment, I will critique both Pogge's use of the causal contribution principle as well as his attempt to derive all of our obligations to the global poor from the need to refrain from harming others.
On the Alleged Conflict between Democracy and International Law
Authors: Benhabib Seyla
Published: August 2006

The period since the Universal Declaration of Human Rights in 1948 has witnessed the rise of an international human rights regime. There has been a shift in international law from state-based treaty obligations to cosmopolitan norms whose subject is individuals and their rights and entitlements under international law. Along with the rise of cosmopolitan norms, conflicts between enactments by states, often through democratic legislatures, of laws and practices that may contradict these norms, has also intensified.

The article focuses on one such set of cosmopolitan norms concerning the crossborder rights of immigrants within the context of the European Union. By examining a German Constitutional Court Case which denied long-term resident aliens voting privileges in local and district-wide elections, it illuminates the “paradox of democratic legitimacy.” The rights of foreigners and aliens are an intrinsic aspect of the self-understanding of a democratic people. The demos can alter the boundaries differentiating it from nonmembers. The line between citizenship and alienage can be renegotiated through processes of democratic iterations. Cosmopolitan norms can become guidelines informing the will and opinion formation of democratic peoples.
Ending Tyranny in Iraq
Authors: Tesón Fernando R.
Published: August 2006

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.
Responsibility to Protect or Trojan Horse? The Crisis in Darfur and Humanitarian Intervention after Iraq
Authors: Bellamy Alex J.
Published: August 2006

What does the world's engagement with the unfolding crisis in Darfur tell us about the impact of the Iraq war on the norm of humanitarian intervention? Is a global consensus about a “responsibility to protect” more or less likely? There are at least three potential answers to these questions. Some argue that the merging of strategic interests and humanitarian goods amplified by the intervention in Afghanistan makes it more likely that the world's most powerful states will act to prevent or halt humanitarian crises. Others insist that the widespread perception that the United States and its allies “abused” humanitarian justifications to legitimate its invasion of Iraq has set back efforts to build a global consensus about humanitarian action. A third group argues that the “responsibility to protect” inhibits the potential for abuse and, as a result, consensus is likely to strengthen post-Iraq for precisely this reason. Through a detailed study of the international engagement with Darfur, I suggest that the latter two arguments have merit but need to be adjusted. I argue that the humanitarian intervention norm has changed in two subtle ways. First, while the strength of the norm itself has not changed, the credibility of the United States and U.K. as “norm carriers” has been significantly undermined. Second, while the “responsibility to protect” has been invoked to support international activism, it has also re-legitimated anti-interventionist arguments.
Toward a Realist Ethics of Intervention
Authors: Wesley Michael
Published: August 2006

Since the September 11 attacks, a new security agenda has swept aside much of the old sensitivity and apathy about intervening in “failing” states. The war on terror has redefined “governance” from concentrating on issues of economic viability and popular rights to a focus on the capacity of states to generate sufficient “order” to deter or capture the agents of the new transnational security threats: terrorists, smugglers, money launderers, the carriers of zoonotic disease. As part of this process, the governance standards of other states became part of Western states' own security agendas, generating new, self-interested incentives for aid and intervention. In this article, I explore the possibilities for developing a realist-informed normative framework for humanitarian intervention in the context of the post–September 11international concern with transnational threats.
Killing Naked Soldiers: Distinguishing between Combatants and Noncombatants
Authors: May Larry
Published: August 2006

Just war theorists contended that weapons are illegitimate unless they can be used in such a way so as to distinguish combatants from noncombatants. Contemporary international legal theory also draws heavily on the principle of discrimination. The Geneva Convention (IV), as interpreted in the Second Protocol of 1977, says: “The civilian population as such, as well as individual civilians, shall not be the object of attack…Indiscriminate attacks are prohibited.” In both the Just War tradition and contemporary international law, the main justification for such a principle has to do with noncombatant immunity, the idea that only those who are combatants can legitimately be attacked in war. The principle of discrimination also relies on the idea that it is possible to distinguish, in a morally significant way, those classes or groups of people who participate in wars from those who do not. The categories of “civilian” or “soldier,”“combatant” or “noncombatant,” are thought to be stable. Yet, the case of the naked soldier taking a bath challenges such stability in a way that illustrates the serious conceptual and normative problems with identifying such social groups. In this paper I argue that, because of these problems, the traditional principle of discrimination offers no clear, morally relevant, line between those who fight and those who do not. Nonetheless, I argue that a distinction of this sort should be maintained, although one that will restrict tactics in war far more than is normally recognized.