Sovereign Justice Sovereign Justice Global Justice in a World of Nations Edited by Diogo P. Aurélio, Gabriele De Angelis and Regina Queiroz De Gruyter An electronic version of this book is freely available, thanks to the support of libra- ries working with Knowledge Unlatched. KU is a collaborative initiative designed to make high quality books Open Access. More information about the initiative can be found at www.knowledgeunlatched.org An electronic version of this book is freely available, thanks to the support of libra- ries working with Knowledge Unlatched. KU is a collaborative initiative designed to make high quality books Open Access. More information about the initiative can be found at www.knowledgeunlatched.org ISBN 978-3-11-021808-4 e-ISBN (PDF) 978-3-11-021809-1 e-ISBN (EPUB) 978-3-11-021806-2 ISSN 0179-0986 e-ISSN 0179-3256 This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 License, as of February 23, 2017. For details go to http://creativecommons.org/licenses/by-nc-nd/3.0/. Library of Congress Cataloging-in-Publication Data A CIP catalog record for this book has been applied for at the Library of Congress. Bibliografische Information der Deutschen Nationalbibliothek Die Deutsche Nationalbibliothek verzeichnetISBN 978-3-11-024573-8 diese Publikation in der Deutschen Nationalbibliogra- fie; detaillierte bibliografische Datene-ISBN sind im978-3-11-024574-5 Internet über http://dnb.dnb.de abrufbar. Library of Congress Cataloging-in-Publication Data: ©ISBN 2016 978-3-11-021808-4 Walter de Gruyter GmbH, Berlin/Boston e-ISBN (PDF) 978-3-11-021809-1 Druck und Bindung:Sovereign Duck & Co.,justice : global Ortsname justice in a world of nations / edited by Diogo P. e-ISBN (EPUB) 978-3-11-021806-2 ♾ GedrucktAurélio, auf säurefreiem Gabriele De Papier Angelis, and Regina Queiroz. PrintedISSN 0179-0986 in Germany p. cm. e-ISSN 0179-3256 Proceedings of a conference held in Nov. 2008 in Lisbon, Portugal. www.degruyter.com Includes bibliographical references and index. ISBN 978-3-11-024573-8 (hardcover : alk. paper) 1. Justice--Congresses. 2. Cosmopolitanism--Congresses. 3. Nation-state- This work is -Congresses. licensed under I. Aurélio, the Creative Diogo Commons Pires. II. De Attribution-NonCommercial-NoDerivs Angelis, Gabriele. III. Queiroz, 3.0 License, as of February Regina. 23, 2017. For details go to http://creativecommons.org/licenses/by-nc-nd/3.0/. JC578.S68 2011 Library of Congress 320.01‘1--dc22 Cataloging-in-Publication Data A CIP catalog record for this book has been applied for at the Library of Congress.2010041720 Bibliografische BibliographicInformation derinformation Deutschen published Nationalbibliothek by the Deutsche Nationalbibliothek Die Deutsche Nationalbibliothek verzeichnet diese Publikation in der Deutschen Nationalbibliogra- The Deutsche Nationalbibliothek lists this publication in the Deutsche fie; detaillierte bibliografische Daten sind im Internet über Nationalbibliografie; detailed bibliographic data are available in the Internet http://dnb.dnb.de abrufbar. at http://dnb.d-nb.de. © 2011 Walter de Gruyter GmbH & Co. KG, Berlin/New York © 2016 Walter de Gruyter GmbH, Berlin/Boston Druck und Bindung: Duck & Co.,Typesetting: Ortsname Michael Peschke, Berlin ♾ Gedruckt auf säurefreiemPrinting: Papier Hubert & Co. GmbH & Co. KG, Göttingen Printed in Germany f Printed on acid-free paper Printed in Germany www.degruyter.com www.degruyter.com Contents Introduction ....................................................................................... 1 I. On Cosmopolitanism Kok-Chor Tan Nationalism and Global Justice: A Survey and Some Challenges ........ 9 Adam Etinson Cosmopolitanism: Cultural, Moral, and Political ................................ 25 Gabriele De Angelis Arguing for Justice. Global Justice and Philosophical Argumentation .............................................................. 47 II. Normative Theory Daniel Kofman Global and Statist Egalitarianism and Their Woes .............................. 87 Rekha Nath What is so Special about the State? ...................................................... 107 Sylvie Loriaux On the Applicability of the Ideal of Equality of Opportunity at the Global Level ......................................................... 127 Gianfranco Pellegrino Against Relational Views of Justice and Parental Duties ...................... 145 Regina Queiroz Cosmopolitanism, Sovereignty and Global Justice ............................... 161 III. On Kant & Rawls James Garrison On Kant’s Aesthetics and his Progressing Treatment of Peace ............. 177 Paulo Tunhas Rawls’ via media: Between Realism and Utopianism ........................... 197 Milica Trifunovic Rawls’s The Law of Peoples as a Guideline for the World as We Know It .............................................................. 207 vi Contents IV. Economic Justice Heiner Michel Towards Fair Terms of Economic Cooperation ................................... 221 Paulo Barcelos Whip Cosmopolitanism into Shape: Assessing Thomas Pogge’s Global Resources Dividend as an Instrument of Global Justice ....................... 241 About the Contributors ...................................................................... 251 Subject Index ...................................................................................... 253 Index of Names ................................................................................... 257 Introduction This volume collects papers presented at the conference on Global Justice and the Nation State, held in Lisbon in November 2008 with the support of the Portuguese Foundation for Science and Technology. The confer- ence was part of a larger research project, still in progress, which tries to consider the idea of global justice against the background of the recent rise of transnational terrorism. It aimed chiefly at pondering on the challenge that thinking about “justice beyond borders”, as Simon Caney calls it, represents to the existing international order. Bibliography about this matter has been increasing over the last 20 years. Until the end of the 1980s politicians, theorists and scholars thought of global justice as if it were an exclusively moral issue. For in- stance, A Theory of Justice (1971), the most famous work of John Rawls, does not discuss the question of a fair international distribution of the world’s wealth, assuming instead that the principles of justice are devel- oped just for a more or less closed space, in which social cooperation is feasible and can be implemented. Between states the author endorsed, at best, a respectful relationship, regardless of their regimes. So, when the Cold War ended and the countries living under the communist political influence became once again independent nations, Rawls’ book, linking nationalism and justice, seemed to present a very suitable theory. However, by that time, globalization was already increasing, not only because of the new technologies, which made possible a free and fast communication among the people of all countries, but also because of a deeper awareness of several global problems whose solution was impossible to achieve only at a national level. In a word, we were facing global chal- lenges and owning new means to face them. So, the idea of a cosmopoli- tan government might seem, at least to some people, as feasible as the international trade of agricultural goods, technology and knowledge. De- spite the rebirth of the old nationalist feelings in Eastern Europe after the end of proletarian internationalism, the cosmopolitan idea was reborn as well, both in Political Theory and in common political discourse. When the upsurge of nationalisms started sparking new conflicts – such as the wars in the Balkans after the disintegration of Yugoslavia – people looked at the United Nations, for the first time in their history, not only as an international forum with moral authority, but also as a kind of legal and 2 Introduction political power, which should claim the right to rule the world and to punish the «rogue states», if necessary militarily. That was the time after the fall of the wall, when the European Union was growing quickly, and the world seemed to become just one single globalised space. No wonder so many articles and books have been published contending that the sov- ereign state, at least as we have known it over the last three centuries, had already become useless, even if we do not know yet which political form could fulfil the functions that the state has been fulfilling until now. How far is this really true? This is the axis around which some of the most in- teresting debates in contemporary Political Theory are being developed, as well as the main question dealt with in this book. In fact, if we agree that some kind of universal or global realm will be possible, we have, from an either moral or political point of view, to face two kinds of problems. The first one, and certainly the hardest, is transfer- ring sovereignty from national states to a so-called international commu- nity: does it mean the end of the state, both national and multinational, as some people claim, or simply a change in its functions, or to make it sub- ject to some kind of super power which will provide the back-up for the enforcement of global justice? The second kind of problems deals with the principles according to which that allegedly universal realm should be governed: are there any moral principles overcoming the local cultures supporting national values, rights and