DISTRIBUTIVE JUSTICE AND THE CRITICISM OF INTERNATIONAL LAW

Abstract. Debate concerning international justice has shifted during this century from issues of legality to those of welfare. Underlying present controversies are differences regarding the character of international society and of political association itself. One division separates those who accept the premises of the states system from others who look forward to a cosmopolitan world society of individuals. And where some identify international justice with conduct according to common rules, others link it with social and economic equality or the achievement of minimum levels of welfare. The idea of distributive justice reflects the view that law and government should promote the latter ends. This raises the question (explored here using some ideas of Michael Oakeshott's) whether the pursuit of distributive justice is compatible with international relations in terms of common rules.