Global Justice Cigw
Global Justice Cigw
Global Justice Cigw
But among the traits characteristic of the human being is an impelling desire for
fellowship, that is for common life, not of just any kind, but a peaceful life, and
organized according to the measure of his intelligence, with those who are of his
kind .… Stated as a universal truth, therefore, the assertion that every animal is
impelled by nature to seek only its own good cannot be conceded.
Hugo Grotius, On the Law of War and Peace
Introduction
Twenty-first century politics is undisputedly a global affair. Even though globaliza-
tion as a concept remains contested and has been used to describe either positively or
negatively the highly complex and multidimensional processes in the economy, pol-
ity, culture and in everyday life, there is now a growing consensus that it refers to the
worldwide phenomenon of technological, economic and cultural exchanges, brought
about by modern communication, transportation and legal infrastructure, primarily
operating through international trade and finance. It is a term used to describe how
human beings are becoming more interactive with each other around the world, both
economically and culturally. It would be pertinent to start this chapter by asking certain
questions: are the people on the globe living under equitable conditions? If the answer
is in the negative, then logically one should ask why and how such conditions could be
created. Who has the responsibility of creating a just global system? How can poverty be
globally eradicated? What obligations do the rich and prosperous nations have vis-à-vis
Citizenship and Global Justice 169
the states facing problems of hunger, famines and ethnic hatred? What should be the
basis of the transfer of resources to the poor nations, also referred to as ‘the Wretched
of the Earth’ by Franz Fanon? Can states tackle the global problems unilaterally? These
answers in turn constitute the theoretical foundations of Global Justice. It is from these
principles that the characteristics of the contemporary Global Polity can be discerned.
This chapter attempts first to outline the effects of these interactions on human lives.
Through an examination of the widespread disparities amongst societies, it attempts
to bring in the idea of Justice on a global scale. In doing so, it not only examines how
adequate various approaches to understanding global diversity are, but also stresses the
need to build a value-based approach to deal with such issues.
Although societies have been interacting amongst themselves right from the Greco-
Roman period, these interactions became more formalized after the Treaty of West-
phalia (1648). However, what makes contemporary interactions different from the
traditional ones is the fact that they not only involve states, but also supra-, sub- and
even non-state actors. Further, the formation of new networks through the Internet
and the media and the simultaneous expansion in business and economic networks
catalysed through scientific and technological innovations not only bridge geographi-
cal space—what O’ Brian has called the ‘End of Geography’—but also question the
role of the state as the authoritative allocator of values. Globalization has led not only
to a rise in global regulations, but to a simultaneous increase in the sites of decision-
making, both at the level of international organizations and that of private and non-
state actors. The diffusion of state sovereignty brings new actors within the arena of
politics, and also paves the way for new organizational means of practising social,
political and civic rights.
Globalization has also resulted in growing community attachments, which appear
to be developing beyond the confines of the state. This attachment results in the
growth of a new consciousness of the world as one single unit. There has been a
tendency to look at the world as an identifiable sense of place or space where dif-
ferent values and assertions developed in response to human problems can contest
each other and yet coexist. There is definitely a readiness to both accept and consider
appropriate a global discourse in the public space. The growing number of global
conferences and meets bears testimony to such an assertion. The opening of Social
Forums—chapters of the World Social Forum—in many countries and the recogni-
tion of problems related to gender, environment, or even the abuse of basic human
rights point towards the shared understanding among people living in different plac-
es. In fact, the acceptance of human rights as principles of governance provides cred-
ibility to the idea of rights beyond nation-states. Simultaneously, there is an enhanced
focus on ideas of democracy and justice, which are to take on more demanding roles
in the global context.
170 Citizenship in a Globalizing World
Global Disparities
That we do not live in a just world is the least controversial claim that one could make.
Many people are extremely poor, while others are extremely rich. Many live under ty-
rannical regimes. Many are vulnerable to violence, disease and starvation. Many die
prematurely. According to the Human Development Report 2006 released by the Unit-
ed Nations Development Programme:
Ours is a world of extremes. The poorest 40 percent of the world population—the 2.5
billion people who live on less than $2 a day—account for five percent of global income,
while the richest 10 percent account for 54 percent. More than 800 million people
suffer from hunger and malnutrition, 1.1 billion people do not have access to clean
drinking water and, every hour, and 1,200 children die from preventable diseases.
Despite a growing world economy and significant advances in medicine and tech-
nology, many people in developing countries are not reaping the potential benefits of
globalization. Global inequalities in income increased in the twentieth century, out of
proportion to anything experienced before. The distance between the incomes of the
richest and the poorest countries was about three to one in 1820, 35 to one in 1950, 44
to one in 1973, and 72 to one in 1992. Developing countries are home to more than
80 per cent of the world’s population, but command less than 20 per cent of its wealth.
According to Kofi Annan, former Secretary General of the UNO, ‘even these statistics
fail to capture the humiliation, powerlessness and brutal hardship that is the daily lot
of the world’s poor’. According to Singer and Wildavasky (1993), the developing coun-
tries are ‘Zones of Turmoil’, in contrast to the developed states where ‘peace wealth
and democracy’ prevail, in these societies. People in developing countries live amidst
‘poverty, war, tyranny and anarchy’. The second concern is related to the gruesome fact
of socio-economic inequality between the states, given the fact that roughly 20 per cent
of the world’s population lives on less than $1 a day, and more than 45 per cent live on
less than $2 a day, whereas the 15 per cent who live in the high-income economies have
an average per capita income of $75 a day. The concept of global justice has been devel-
oped in the wake of such facts.
How should we understand and respond to these facts? What do the inhabitants of
the world owe one another? What institutions and ethical standards should we recog-
nize and apply throughout the world? These questions are related to the social and mor-
al obligations of humanity and necessarily highlight the issues of fairness and rightness
or, put simply, the issue of justice at the international level. In present times, such ideas
can be seen in the writings of Charles Beitz and Onora O’ Neill, who have examined
obligations across borders and the possibilities of transnational justice. Charles Beitz
in particular has argued strenuously against limiting considerations of social justice to
Citizenship and Global Justice 171
considerations of domestic justice. The eminent theorist John Rawls has also published
his views on the issue in his famous work Laws of the People. Similarly, Derek Heater,
Richard Falk, Martha Nussbaum and Andrew Linklater have examined the issue in the
context of an ideal world citizenship.
Global Justice
Citizenship is related to the entitlement to rights; if we have reached a stage where the
nation-state can no longer be seen as the only agency wielding authority, then it brings
us to the possibility of realizing rights through various supra, sub and national actors.
In other words, the issue of individuals as cosmopolitan citizens becomes relevant.
Cosmopolitanism takes the individual as the ultimate unit of moral worth, entitled to
equal consideration regardless of his/her culture, nationality or citizenship. It rejects
the notion that national borders constrains moral obligations to others, and supports
the idea of World Citizenship. As Martha Nussbaum has put it, the cosmopolitan view
holds that, wherever s/he is, ‘each human being is human and counts as the moral equal
of every other’ (Nussbaum 1996: 133). It is based on Thomas Pogge’s belief ‘that every
human being has a global stature as the ultimate unit of moral concern’. Cosmopolitans
argue that some form of moral universalism is true, and therefore all humans, and not
merely compatriots or fellow-citizens, fall within the scope of justice. The behaviour
of individuals is seen as being based on some morally significant characteristics. Since
these characteristics are shared by all humans and not only by the members of some
nation, culture, society, or state, all humans have equal moral worth. Cosmopolitanism
is the idea of responsibility and appeals to the individual to think beyond local identi-
ties and allegiances. It stresses responsibilities that we have not only towards people
we know, but also towards those whom we do not. As a natural corollary, this blurs the
boundaries between nations, cultures, societies and states.
Bitterness between states on political issues is a thing of the past. Let us take the
example of an Iraqi boy, Mustafa Ahmed Hanish, who was operated upon by an
Indian doctor on the request of an American soldier. Of course, the Internet was the
main source of communication. Jonathan Miles, an American who worked for nine
months with the US forces in Iraq, led a mission of multiple faiths. Miles wrote an
email to Dr Cherian, the 63-year-old Indian doctor who had earlier performed the
first infant heart transplant in the country and operated on a Pakistani boy when
India and Pakistan were locked in the Kargil war, seeking help for Iraqi children
suffering from congenital heart defects. On his part, Dr Cherian quickly accepted
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172 Citizenship in a Globalizing World
the request. Scared and unsure of their fates, the Iraqi children arrived in India
with hope; however, that hope rested on the cost of the operation, which was about
$4,000−$5,000. For the families from Iraq, where chaotic sprees of looting and an-
archy have disrupted local medical supplies and services, the amount was unimagi-
nable, and the prospects of travelling abroad for surgical help remote. But to their
surprise, the Indian doctor waived the entire cost of surgery and hospitalization for
the children. Their round-trip fare was covered by CBN, the Christian Broadcasting
Network based in Virginia Beach, US.
The broader philosophical context of the global justice debate is the issue of impartial-
ity, which assumes normative orientations. It is related to dealing with questions of hu-
manity, for instance, should individuals’ duties extend only to family members, friends
and compatriots, or should they be extended even towards strangers and foreigners?
Some of the chief concerns of the global justice concept centres on the recognition of
the widespread poverty, hunger and homelessness, and alienation from government, as
well as the increasing wage gaps. Agreeing with Amartya Sen’s argument that globaliza-
tion must address the issues of interdependence to be genuinely and universally accept-
able, the concept of global justice seeks to address and correct social ills, not through
traditional governmental organizations, but through the organization of humanity in
order to advance the genuine empowerment of society and maintain the security and
self-determination of all peoples. It is this vision that allows the idea of global justice to
be encompassed by many different movements, such as environmentalist movements,
women’s rights movements and anti-capitalist movements.
The concept of global justice breaks down the traditional separation of intra-national
and inter-national relations and extends institutional moral analysis to the whole field.
The motive behind this dramatic reorientation is the realization that the traditional
conception of the world of international relations as inhabited only by states is unsat-
isfactory. The emergence and increasing stature of other agents on the international
stage, such as multinational corporations, international organizations and regional
associations, means that this conception is rapidly losing its explanatory capacity. In
the contemporary global justice debate, the general issue of impartiality centres on the
moral significance of borders and shared citizenship. Realists, particularists, nation-
alists, members of the society of states tradition, and cosmopolitans take contesting
positions in response to these problems. Three related questions, those concerning the
scope of justice, justice in the distribution of wealth and other goods, and the institu-
tions responsible for justice, are central to the problem of global justice.
Realists such as Hans Morgenthau and Kenneth Waltz are sceptical of the existence
of any universal moral principles. They believe that states should not sacrifice their
Citizenship and Global Justice 173
For the Communitarians, boundaries are essential aspects of human existence, es-
pecially those that reflect cultural divisions and provide an essential framework
for community living, identity and values. Communitarian morality is therefore
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174 Citizenship in a Globalizing World
Nationalists such as David Miller and Yael Tamir believe in stronger commitments
and obligations to the members of their own nations, and argue that demands for mu-
tual obligations are created by a particular kind of valuable association, the nation. We
may have humanitarian duties towards the particularly badly-off worldwide, but these
are much less stringent and pressing than our duties to our fellow-citizens. National-
ism has traditionally included this assumption of differing moral obligations to those
within and those outside the nation, reflected for example in the fact that the benefits of
the welfare state are not available to citizens of other countries. So moral universalism
is too simple, because the ethical standards that apply between compatriots differ from
those that apply between strangers (although some nationalists argue for the universal
ethical standard that nations should have in their own states). Distributive justice is an
issue within nations, but not necessarily between them. And a world system of nation-
states is the appropriate organizer of justice for all, through their distinct associational
groups.
(ii) an account of international political justice, including the prerogatives of the state,
the authority of international law and institutions, and the minimum requirements of
fair participation in international governance; and (iii) an account of distributive jus-
tice, including the distributive responsibilities of states and the extent, if any, to which
the institutional structure of international order should seek to influence the global
distribution of resources and wealth. Together, these elements should form the basis
of (iv) a doctrine of human rights, understood as the universal minimum standard of
legitimacy for social institutions.
According to Beitz, a conception of international distributive justice is needed, as the
decisions we make impact not only us, but also societies far across. These include, for
example, choices concerning individual conduct (such as whether to donate to Oxfam);
the policies of our own government (concerning, for example, foreign aid or immi-
gration); the policies of international institutions and regimes (rules of international
trade, international monetary policy, environmental controls, labour standards, condi-
tions on multilateral aid and structural assistance); the constitutions of international
institutions, as distinct from their policies; and the policies of non-governmental or-
ganizations (the Ford Foundation, the International Red Cross). Since these decisions
have potential consequences, it is natural to wonder what moral considerations should
guide our judgement. According to Beitz, a theory of international distributive justice is
concerned with the basic structure of international society, that is, the institutions that
determine the international distribution of advantages.
Beitz believes that it is possible to discern three views concerning international
distributive justice within the liberal framework. These views differ not only on their
grounds for concern over the distributive characteristics of the structure of internation-
al society, but also on the grounds they exclude from consideration. Beitz has labelled
them thus:
1. Social Liberalism
2. Laissez-faire Liberalism
3. Cosmopolitan Liberalism
Rawls and John Vincent are important proponents of this view. Social Liberalism gives
prime importance to human rights as conditions that apply to all cultures. It allows for
external help, but only under special circumstances. As Miller states, this occurs when
there are extreme levels of deprivation that the local government is in no position to re-
lieve, and when foreign governments or other international actors can do so effectively
without a morally significant sacrifice.
John Rawls is the most outspoken theorist of the social liberalism perspective. In
his work The Law of Peoples, Rawls extends the arguments of his earlier work, A Theory
of Justice, to the question of global justice. In his earlier work, Rawls had developed a
detailed moral assessment of the alternative ways in which a society’s social order might
be designed. The Laws of the People exemplifies an interactional moral analysis applied
to the international realm. Rawls believes that in this work, he is endorsing a realistic
utopia: it is realistic in the sense that it takes into account the many real conditions by
(for instance) assuming that a fair amount of diversity exists in the actual world, and
that as such, all cannot endorse liberal principles.
Rawls offers a proposal detailing what the rules governing state conduct should be.
He provides an extension of his theory of justice beyond the individual state and modi-
fied his hypothetical contract device so that the parties for choosing the law of peoples
are representatives of peoples, not individuals. He concludes that these parties would
choose these principles:
1. People are free and independent, and their freedom and independence are to be
respected by other people.
2. All people are to observe treaties and undertakings.
3. All people are equal, and parties to the agreements that bind them.
4. All people are to observe a duty of non-intervention.
5. People have the right to self-defence, but have no right to instigate war for reasons
other than self-defence.
6. All people are to honour human rights.
7. All people are to observe certain specified restrictions in the conduct of war.
8. People have a duty to assist others living under unfavourable conditions which
prevent their having a just or decent political and social regime.
He argues that we can justify a global regime by showing that it would be chosen by
representatives of peoples in an imagined original position. Rawls imagines a contract
between people to create a just international society, which would accord primacy to
the independence and equality of all people and to individual rights. Since the contract
is between people who do not know each other, this decision-in-ignorance is justice as
fairness as it excludes selfish bias. When Rawls applied this method to domestic justice,
with the parties in the original position representing individual members of a single
Citizenship and Global Justice 177
and corporations. It might require each of us to do much more than most of us now
do. All cosmopolitans, however, believe that it is individuals, and not states, nations, or
other groups, who are the ultimate focus of universal moral standards.
The cosmopolitan approach can in fact be seen as welcoming some of the aspects
of globalization, especially in the context within which it is conceptualized, insofar
as it brings humanity closer together through dispensing with, or at least softening,
certain artificial boundaries that have proved their divisiveness in a number of ways.
Cosmopolitans are critical of state sovereignty, which they believe has been used to
shield gross human rights violations by the emphasis placed on non-intervention in
the internal affairs of the state. They are equally critical of communitarian thinking,
which states that morality depends primarily on viewpoints derived from culture,
and is hence not amenable to a univeralist project concerning the promotion of hu-
man rights and other goods. It cannot be said, though, that the cosmopolitans place
no value on community and its sense of identity, belonging and security; however,
this in no any way provides a justification for crimes against humanity. This natu-
rally raises the question of morality, which transcends all boundaries in its focus on
humanity. Environmental problems such as pollution, land management, the avail-
ability of water and other natural resources all around the world—all of which are
likely to worsen in the future—is a case in point, showing that cosmopolitans believe
that both the local and the global community must take responsibility and work to
remedy these problems as best they can.
Beitz states that there are many different cosmopolitan views about international dis-
tributive justice—human rights theories, globalized utilitarianism, various forms of glo-
bal egalitarianism, and pluralistic theories of global scope. He believes that if there is a
major axis of differentiation among these theories, it has to do with the extent to which
each treats the state or national (or other) community as an enclave of special distributive
responsibilities, which are distinct and justified separately from general or global respon-
sibilities. Some views treat special responsibilities, to the degree that they may be said to
exist at all, as merely ‘administrative device[s] for discharging our general duties more ef-
ficiently’. Such views hold that distributive justice at the domestic level is continuous with
distributive justice at the global level: once the requirements of international distributive
justice are settled, there is no further, separate question about domestic justice.
Other views hold that special responsibilities can arise from sources other than gen-
eral duties—for example, from relationships that have value for their participants (in-
cluding membership in social groups)—but that these responsibilities are constrained
by global distributive considerations. Such theories are discontinuous, meaning that
they allow for distributive requirements within sectional units which are different from,
and possibly more stringent than, those at the global level. For example, a theory might
establish a global distributive threshold, perhaps in terms of subsistence rights or basic
needs, and permit variations at the sectional level consistent with the threshold. Both
Henry Shue and Thomas Pogge have proposed theories of this kind. Pogge associates
himself with the institutional understanding, while an interactional understanding is
attributed to Shue.
Both arguments rely on each other as there are many problems affecting all our lives, for
example the global warming that all of us are facing, or diseases such as AIDS, SARS, etc.,
which spread from one country to another and can be dealt with effectively only through
common efforts. These require global cooperation for an effective solution. The duty to
ensure global governance emanates from the fact that we are associated with everyone
else on the planet through a global economic order, and that we all benefit from such
arrangements. Morally, it is based on the argument that all humans are owed at least the
minimum simply because they are human beings. It arises from an acceptance of the fact
that global affairs at present are unjust, and that this injustice needs to be addressed.
Conclusion
The world contains inequalities that are morally alarming, and the gap between the rich
and poor nations is widening. Which nation a child is born in subsequently determines
her/his life chances. Any theory of justice that proposes political principles must there-
fore take into account basic human entitlements in order to confront these inequalities
and the challenges they pose, in a world in which the power of the global market and
multinational corporations has considerably eroded the power and autonomy of na-
tions. The dominant theory of justice in the Western tradition of political philosophy is
the social contract theory, which sees principles of justice as the outcome of a contract
people make to their mutual advantage, and which enables them to leave the state of
nature and govern themselves by law. John Rawls has tried to extend such theories, but
despite their great strengths when it comes to thinking about justice, they yield very
imperfect results when applied to the world stage, precisely because they presume the
contracting parties to be equal—and that is not the case in reality. The capabilities ap-
proach developed by Amartya Sen and Martha Naussbaum suggests a set of basic hu-
man entitlements, similar to human rights, as a minimum of what justice requires for
all, and does seem to offer a prospect of thinking about the goals of development in this
increasingly interdependent and interconnected world.