Review Article: The environmental turn in territorial rights

Recent theories of territorial rights could be characterized by their growing attention to environmental concerns and resource rights (understood as the rights of jurisdiction and/or ownership over natural resources). Here I examine two: Avery Kolers’s theory of ethnogeographical plenitude, and Cara Nine’s theory of legitimate political authority over people and resources. While Kolers is a pioneer in demanding ecological sustainability as a minimum requirement for any viable theory of territorial rights – building a bridge between environmental and political philosophy – Nine highlights a crucial distinction when looking at territorial rights from a global justice perspective, namely that between jurisdictional powers and ownership rights over resources. Daring and innovative at first glance, I claim that both theories present, however, deep ambiguities and retreat from their radical implications which, if taken seriously, would lead to a massive redrawing of current territorial borders.     

Fairness to non-participants: a case for a practice-independent egalitarian baseline

Proponents of practice-dependent egalitarianism argue that egalitarian duties and entitlements only apply among participants in morally relevant practices. In this paper, I argue that these views are implausible because they allow for objectionable treatment of non-participants. I show that it is impossible, on the basis of practice-internal considerations alone, to determine the extent to which the pursuit of practices can permissibly limit the opportunities of non-participants. There are opportunities beyond the current holdings of practices to which no one has a privileged claim (such as unowned natural resources), and the distribution of which is a matter of justice. A just distribution of such unowned distributive goods, though, requires a practice-independent distributive baseline. I further show that such a baseline can only be egalitarian because all alternative baselines face serious objections. From this I conclude that any plausible theory of distributive justice must accept some form of equal practice-independent distributive entitlements.     

New challenges in immigration theory: an overview

Normative political theory over recent decades has focused mainly on what ought to be done as far as migration policies are concerned. It faces a basic challenge, which stems from two competing, yet equally fundamental, ideals underpinning liberal democratic societies: a commitment to moral universalism and the exclusionary requirement of democracy. The objective of this special issue, ‘New Challenges in Immigration Theory’, is to provide a conceptual overview of (some) immigration theories and to highlight the challenges new streams of immigration pose for normative (political) theory and liberal democratic practice. The issue will consider how to reconcile state-based exclusion with a commitment to equal moral concern for all persons, by focusing on the non-standard immigration questions that have so far been ‘neglected’ by normative political theory. In line with this objective, the issue will discuss some of the inadequacies of the dominant political theories of immigration and show how such theories can be expanded to take account of new migration challenges such as brain drain, climate migration, detention of irregular migrants and asylum seekers, rights of labour migrants, transnational networks of movement, and so on.     

Unequal but fair? Cultural recognition and self-government rights

This review of Patten’s Equal Recognition suggests that minority rights can be grounded either in cultural accommodation rights or collective self-government rights. I defend four propositions: (1) individuals’ interests in membership in political communities cannot be reduced to their interests in being able to pursue their own conceptions of the good; (2) liberal states do not have to extend neutrality as equal treatment to self-government claims that intersect with their own jurisdiction; (3) claims for the establishment of public languages and territorial autonomy need to be justified on the basis of self-government rights rather than on grounds of equal treatment of cultural identities; (4) as a condition for their admission, immigrants can be expected to waive collective self-government rights rather than cultural protection rights.     

Distributive Justice and the Politics of Difference

Abstract

This essay identifies a point of convergence between economically oriented, distributive approaches to social justice and culturally oriented, identitarian ones. The primary problem of difference politics, I claim, is insuring that disadvantaged groups have equal abilities to participate in the social processes that construct and value identities. I argue that this is best accomplished through a conception of equality promoting human agency in both the cultural and economic spheres.     

Redistribution in a political union: The case of the EU

A key function of centralized budgets in federal and political unions is to act as an equalizing mechanism to support economic and social cohesion. This is also the case with the European Union's (EU) budget, which operates as a redistributive mechanism that counteracts the cross-national and cross-regional inequalities created by the single market. Despite the limits on cross-national redistribution imposed by a centrifugal system of representation, the net fiscal position of member states – what they pay to the EU budget minus what they receive from it – is very diverse and has changed quite remarkably over the last decades. In this paper, we investigate how and why the net fiscal position of each member state toward the rest of the EU changes over time. We develop a novel panel dataset (1979–2014) to study how key national and EU-level political and economic variables affect the EU redistributive dynamics. We find that redistribution via the EU budget primarily targets developments in inequality within EU member states, and that an increase in domestic unemployment may also improve the country's fiscal balance. Moreover, we find that voting power in the Council is unrelated to a more positive fiscal balance. However, we find that governments with a centre-right profile are in general more successful in improving their redistributive position vis-à-vis the other member states. This may create a problem of budgetary ‘rent extraction’.     

The contested nature of political leadership in the European Union: conceptual and methodological cross-fertilisation

Abstract

European leaders have struggled to find common responses to the polycrisis the EU is facing. This crisis of leadership makes it urgent that scholars provide a better understanding of the role and impact of leadership in EU politics and policy making. This article prepares the ground for a collection of contributions that addresses this need by strengthening old and building new bridges between the academic domains of European studies and leadership studies. It opens with a discussion of the contested concept of leadership in the context of the European polity and politics, challenging the conventional view that leadership is necessarily a matter of hierarchy. Moreover, it argues that rather than leaderless, the EU is an intensely ‘leaderful’ polity. Subsequently, this introduction identifies four key debates in contemporary EU leadership research and discusses the value and insights the contributions in this special issue bring to these debates.     

Normative political theory,democratic politics and minority rights

In Equal Recognition, Alan Patten argues that in a proper relationship between normative political theory and democratic politics, we must make a clear distinction between two questions related to cultural rights: (a) authority (who should decide?) and (b) the substance of deliberation. The question he wants to explore, however, is not the authority question but the substantive question. The aim of this article is to show that an account of equal recognition cannot bracket out the democratic element. It argues, first, that Equal Recognition does not live up to its initial promise, as it contains a number of reflections and recommendations (on language rights, on secession, on the rights of migrants’ cultures) that either explicitly or implicitly include the democratic element. Second, it points at other important areas of political decision-making – such as electoral system design, districting, referendums, quotas – in which it is quite clear that in order to extend equal recognition to minority cultures, we are obliged to take decisions related to the design of democratic institutions.     

Falling into the justice gap? Between duties of social and global justice

The literature on cosmopolitan justice has yet to address what principles to adopt when duties of global justice and duties of social justice are in conflict. In this paper, I address David Miller’s contention that some may fall into the justice gap since we need to prioritize duties of social justice in cases of conflict. I argue that Miller’s analysis depends on three stipulations: the incommensurability of the values underlying duties of social justice and those of global justice; the need to justify duties of justice to their holders; and the need to consider the necessary institutions to realize and implement justice obligations. I argue against the incommensurability clause by showing that both conceptions of justice pursue moral equality as the underlying and commensurate value. Instead, I propose that the currencies of justice we employ in the two contexts of justice are different. Discussing the justifiability clause I agree with the stipulation that we have to justify decisions that affect the realization of justice to those who have to carry the burden of realizing them. This implies, however, that we may have to accept that some prioritize duties of global justice over duties of social justice. If this is the case, it seems as though the state has little recourse to prioritize duties of social justice. Finally, discussing Miller’s institutional clause I ask why the justice relevant institutions can only be those of the state. It is plausible to say that in our current world, institutions of humanitarian aid are effective means to satisfy duties of global justice.     

The European Union and political behaviour: The shadow of the Great Recession

The symposium aims to analyse the politicisation of the European issue following the onset of the Eurozone crisis, in particular its impact on individual attitudes and voting both at the national and supranational level. By way of an introduction, we address the state of the art on the importance of the Eurozone crisis for EU politicisation, as well as outlining each article and its contribution. While our authors may sometimes focus on different dependent variables, they all speak to the question of whether the Great Recession made a lasting difference, and whether EU politicisation matters. Most articles are longitudinal, and test for changes due to the crisis (Dassonneville, Lewis- Beck and Jabbour; Ruiz-Rufino; Talving and Vasilopoulou; Jurado and Navarrete). But preoccupation with the Great Recession is also present in the articles assessing the political learning that unfolded from it (Ruiz-Rufino), or the ones which investigate whether EU effects can be detected during the post-crisis years (Talving and Vasilopoulou; Lobo and Pannico; Heyne and Lobo). Despite the diversity of approaches, and certain differences in findings, each article contributes to a major debate ongoing in the literature, especially three key debates which have arisen: the crisis’ impact on European party systems, economic voting, and the degree of legitimacy of democratic systems.     

Autonomy,residence, and return

This article argues that those unjustly displaced from a particular territory T cannot involuntarily lose their rights to reside there, or, as a consequence, their rights of return to it, even if they develop territorially grounded conceptions of the good where they now reside. The contrary position fails to accord the unjustly displaced the respect due to them in virtue of their personal autonomy. Facts commonly alleged to justify the supersession of rights of return to T only provide evidence that the unjustly displaced have abandoned their rights to reside there, or would do so if given a just opportunity to return. The rights of those now residing in T, which author argues may include those responsible for the unjust displacement, may limit the right of return but are unlikely to preclude it altogether.     

The New China: Dynamism and vulnerability

Abstract

From 1998 to 2003, the Solomon Islands found itself in the grip of ‘the Tensions’, a violent civil conflict that left some 200 people dead, more than 20,000 displaced, and countless others subjected to torture, rape, fear and intimidation. In the aftermath of the conflict, two dominant approaches to post-conflict justice emerged. The first, implemented by the Regional Assistance Mission to the Solomon Islands (RAMSI), favoured a ‘rule of law’ approach according to which large numbers of militants on both sides were arrested and processed through the criminal justice system resulting, in many cases, in the imposition of lengthy period of imprisonment. The second, ‘reconciliation’ approach, favoured local, grassroots, traditional and indigenous justice processes and were routinely implements by community groups, women's organisations and the churches. This article demonstrates that in the absence of a formally planned transitional justice process, these two approaches to post-conflict justice have come into serious tension with proponents of each accusing the other of hampering their justice efforts. It examines those tensions and analyses the extent to which the Solomon Islands’ Truth and Reconciliation Commission, designed in part to provide a bridge between the rule of law and reconciliation approaches, has been able to quell this new set of tensions.     

Individual and contextual variation in EU issue voting: The role of political information

Increasing politicization in EU member states about European issues can be expected to strengthen the impact of attitudes towards Europe on vote choice in European Parliament (EP) elections. At the same time this impact is likely to vary between voters and contexts as a function of political information. This study explores the role of political information in explaining individual and contextual heterogeneity in the degree of EU issue voting. Using a two-step hierarchical estimation procedure to explore both individual and contextual variation, we show that while EU issue voting in the 2009 EP elections is only slightly more pronounced among the politically sophisticated, it is clearly more extensive in contexts that provide higher levels of political information on European matters.     

Macro-regional strategies of the European Union (EU) and experimentalist design of multi-level governance: the case of the EU strategy for the Danube region

Placed within EU Cohesion policy and its objective of European territorial cooperation, macro-regional strategies of the European Union (EU) aim to improve functional cooperation and coherence across policy sectors at different levels of governance, involving both member and partner states, as well as public and private actors from the subnational level and civil society in a given ‘macro-region’. In forging a ‘macro-regional’ approach, the EU commits to only using existing legislative frameworks, financial programmes and institutions. By applying the analytical lens of multi-level and experimentalist governance (EG), and using the EU Strategy for the Danube Region as a case, this article shows that ‘macro-regional’ actors have been activated at various scales and locked in a recursive process of EG. In order to make the macro-regional experiment sustainable, it will be important to ensure that monitoring and comparative review of implementation experience functions effectively and that partner countries, subnational authorities and civil societies have a voice in what is, by and large, an intergovernmental strategy.     

The Dynamics of Intra-jurisdictional Relations in the Inuit Regions of the Canadian Arctic: An Institutionalist Perspective

One of the most exciting developments in Canadian federalism has been the emergence of Aboriginal self-governing regions. This paper constructs a theoretical framework for exploring the evolution of intra-jurisdictional relations in the self-governing Inuit regions of the Canadian Arctic. Intra-jurisdictional relations in these regions are characterized by a unique set of relationships between elected governments and organizations that represent the beneficiaries of land-claims agreements. Using the literature on historical institutionalism, we argue that the nature of Inuit intra-jurisdictional relations following the establishment of self-government can be explained by the institutional choices made prior to the signing of land-claims agreements and/or self-government agreements. To illustrate the potential of our framework for analysing Inuit intra-jurisdictional relations, we briefly examine the experiences of Nunavut, an Inuit-dominated region and the newest territory in the Canadian federation.     

On the political and democratic preconditions of equal recognition

Alan Patten’s Equal Recognition is a compelling justification of a liberal, procedural conception of recognition. This conception is built upon a convincing conception of moral equality, but it does not offer a full theoretical discussion of recognition. I argue that the liberal recognition provided by Patten is too formal and narrow to address all relevant issues regarding conflicts of recognition in democratic societies. In particular, it does not consider the political and democratic preconditions that should be granted to minority groups or immigrants in order to provide them fair opportunities to effectively (and not only formally) reach equal recognition.     

Had we but world enough,and time: integrating the dimensions of global justice

Requirements for a decent life are to be found in the dimensions both of human time and ecological space. While the latter has attracted attention from some global justice theorists, the former is a comparably neglected matter. This paper aims to integrate temporal and ecological perspectives in order to provide an enriched conceptual framework for grasping what global justice means today. We begin by showing that while contemporary political philosophy tends to assume a somewhat undifferentiated conception of time, treating temporal justice as a future-oriented concern distinct from issues of intra-generational justice, there are richer understandings to be found in some influential schools of critical social theory. Drawing then, particularly, on Alf Hornborg’s theory of ‘unequal exchange of time and space’, and supplementing this with insights from David Harvey, we analyse three ways in which disadvantage can be perpetrated in the dimension of time. We then show how those categories of temporal disadvantage broadly correspond with the three basic rights identified by Henry Shue. On this basis, we claim there is a strong argument for regarding temporality as an integral aspect of global justice here and now, for the generation already – although too often precariously – living.     

Review article: the moral right to health: a survey of available conceptions

In recent years, there has been increasing recognition of both the philosophical questions engendered by the idea of a human right to health and the potential of philosophical analysis to help in the formulation of better policy. In this article, I attempt to locate recent work on the moral right to health in a number of historically established conceptions, with the aim of providing a map of the conceptual landscape as to the claims expressed by such a right.     

Green citizenship and the political critique of injustice

Over recent decades, normative theories of green citizenship have drawn upon observations that a long-prevalent dualistic understanding of society, as completely subjecting nature, is being displaced by growing political and cultural support for a holistic view of society, as participating in nature. Differences between avowedly liberal and civic-republican interpretations of green citizenship notwithstanding, the normative theories share five key social critiques: (1) the need to challenge nature/culture dualism; (2) to dissolve the division between the public and private spheres; (3) to undermine state-territorialism; (4) to eschew social contractualism and (5) to ground justice in awareness of the finiteness and maldistribution of ecological space (ES). This article offers a sympathetic provocation to normative theories of green citizenship. Adopting a critical realist perspective, it describes the partial and problematic realisation of these critiques in the contemporary types of social and political participation, contents of the rights and duties and institutional arrangements of the ‘stakeholder’ citizenship that has become established within the neoliberal or weak eco-modernising, global competition state. This perspective is important because it offers new insights into the discursive framework that encompasses contemporary debates over justice and injustice. In particular, injustice from within the post-industrial ecostate appears to be a diffuse whole-of-society problem, the by-product of unsustainable development that lacks an identifiable class of perpetrators. This makes the progressive task of enunciating claims that injustice is present in some senses difficult, while conservative ideological positions are simplified.     

利益调整与法律基本价值之实现

我国目前社会生活中出现了许多新的利益矛盾和冲突，如何对其进行协调和控制是构建和谐社会所必须解决的问题。为此，我们有必要从利益调整中公平与效率的应有之意出发，探讨法在利益调整中如何均衡公平与效率，从而使两者处于动态的平衡，最终促进利益调整中法的公平与效率价值之实现。