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Exploring Global Justice Without a Constitution
Aug 7, 2024
Lecture on Global Justice in the Absence of a Global Constitution: Prospects and Possibilities
Introduction
Speaker thanks the organizing team for the opportunity to present.
Topic:
Global Justice in the Absence of a Global Constitution, Prospects and Possibilities
.
Context: Current events in Afghanistan showing mass exodus and implications of global injustice.
Concept of Globalization
Globalization
: The interconnectedness of people, business, culture, and politics across the world.
Movement of goods, services, and humans across borders makes the world a single unit.
Various forms include economic and cultural globalization.
Impacts of Globalization
: Both positive and negative impacts on societies and laws.
Facilitates business and technological exchange.
Affects local laws and regulations to align with international standards.
Challenges include the dominance of multinational corporations and pressure on national policies.
Example: Intellectual Property Rights (TRIPS Agreement and changes in India's laws).
Justice and Legal Perspectives
Justice
: Ensuring fairness, equality, and access to opportunities.
Law’s Primary Goal
: To ensure justice, though definitions and applications of law evolve over time.
John Rawls
: Justice as fairness - influential in modern philosophy.
Social Justice
: Providing tools and customized solutions to ensure equality and fairness.
Global Justice
Challenges
: Economic disparity, access to resources, environmental issues, and health care disparities.
Redistribution
: Minimizing the gap between the haves and have-nots.
Recognition
: Amplifying the voices of marginalized communities.
Representation
: Ensuring all communities have a say in decision-making processes.
Theoretical Justifications for Global Justice
Nationalist Idea
: Focuses on states as primary players in globalization. Individuals are secondary beneficiaries.
Cosmopolitan Idea
: Sees individuals as global citizens, emphasizing cultural and individual impacts of globalization.
Individuals are primary players and sufferers in globalization, not just states.
Global Justice Issues
Solidarity and Aid
: Need for global cooperation and foresight to address global issues.
Empathy and Remembrance
: Understanding and preventing injustices worldwide.
Global Institutions
: Role of organizations like the UN, WTO in facilitating global justice.
Global Constitution and Justice
No Territorial World State
: Global justice can exist without it through cooperation and best practices among states.
International Law Regimes
: Voluntary adherence to international treaties and covenants can act as a pseudo-global constitution.
Examples: UDHR, international trade, and human rights laws.
Future of Global Constitution
: In the absence of a formal global constitution, UDHR can serve as a guiding document for global justice.
Conclusion
Global Movement
: Need for a collective effort for global welfare and justice.
John Rawls
: Justice is the first virtue of social institutions, requiring continuous reform.
Broader Perspective
: Moving from domestic justice to a broader global justice framework.
Call for Interaction
: Acknowledgment of the importance of discussing and learning from each other.
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Full transcript