The State and Cosmopolitan Responsibilities最新文献

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Extraterritorial Criminal Jurisdiction and the Cosmopolitan 域外刑事管辖与世界性
The State and Cosmopolitan Responsibilities Pub Date : 2019-06-13 DOI: 10.1093/OSO/9780198800613.003.0008
Danielle Ireland-Piper
{"title":"Extraterritorial Criminal Jurisdiction and the Cosmopolitan","authors":"Danielle Ireland-Piper","doi":"10.1093/OSO/9780198800613.003.0008","DOIUrl":"https://doi.org/10.1093/OSO/9780198800613.003.0008","url":null,"abstract":"The assertion of extraterritorial jurisdiction by nation states is not inherently cosmopolitan. Rather, it is a double-edged sword. This is because extraterritorial jurisdiction is capable of being wielded for both cosmopolitan and non-cosmopolitan purposes: for empowerment, but also oppression; for rescue, but also retribution; for protection, but also unilateral political gain. In that context, this chapter introduces the law of extraterritorial jurisdiction, considers why states might wish to exercise it, and then identifies arguments both for (such as universalism, and the avoidance of impunity) and against (such as the undermining of meaningful multilateralism and the rights of an accused) exercises of extraterritorial jurisdiction. Ultimately, this chapter concludes that extraterritorial jurisdiction can only be considered capable of furthering cosmopolitan ideals if certain criteria are met.","PeriodicalId":332779,"journal":{"name":"The State and Cosmopolitan Responsibilities","volume":"3500 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127511409","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Climate Change and Cosmopolitan Responsibilities 气候变化与世界性责任
The State and Cosmopolitan Responsibilities Pub Date : 2019-06-06 DOI: 10.1093/OSO/9780198800613.003.0010
Helga Haflidadottir, A. Lang
{"title":"Climate Change and Cosmopolitan Responsibilities","authors":"Helga Haflidadottir, A. Lang","doi":"10.1093/OSO/9780198800613.003.0010","DOIUrl":"https://doi.org/10.1093/OSO/9780198800613.003.0010","url":null,"abstract":"The principle of Common but Differentiated Responsibilities and Respective Capabilities (CBDRRC) reveals the contested nature of responsibility not just amongst American presidents but more widely in the international legal community. The principle is intended to reconcile historical emissions with a just or equitable burden sharing in response to climate change by placing a heavier burden on developed countries than developing ones to reduce their greenhouse gas emissions. Yet emphasis on understanding responsibility based on causal inferences of historical blame or current emission levels has prevented states, including powerful ones like the United States, from conceiving their responsibility in proactive terms. Although climate change is addressed by non-state political communities and activist groups, these alternative communities struggle to bring to bear a holistic approach towards the phenomena without having sufficient political, economic and scientific resources. In addition, their power to make change relies in many ways on the power and sovereignty of states. As a result, we suggest that the responsibility for proactively engaging with the challenges of a changing climate must begin with states. We look to progress in international law and international organizations, the realm of states, to suggest that states can and do fulfil responsibilities in regards to climate change.","PeriodicalId":332779,"journal":{"name":"The State and Cosmopolitan Responsibilities","volume":"60 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113944324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Political Community and Cosmopolitan Responsibility 政治共同体与世界主义责任
The State and Cosmopolitan Responsibilities Pub Date : 2019-06-06 DOI: 10.1093/OSO/9780198800613.003.0009
A. Linklater
{"title":"Political Community and Cosmopolitan Responsibility","authors":"A. Linklater","doi":"10.1093/OSO/9780198800613.003.0009","DOIUrl":"https://doi.org/10.1093/OSO/9780198800613.003.0009","url":null,"abstract":"This chapter investigates the social and political forces that have encouraged critical deliberations on the state’s immanent cosmopolitan possibilities over approximately the last three decades. It shows how expanding webs of human interdependence have confronted modern peoples with the problem of whether they can undergo the transition from national to post-national perspectives as part of their attunement to the realities of rapid, largely unplanned, and unpredictable global change which have created new opportunities for harming distant strangers. The inquiry considers the challenges in constructing compelling public philosophies (not least in the context of national-populist revolts) that can harmonize traditional state obligations to citizens with demanding responsibilities to other peoples, which are firmly embedded in cosmopolitan law.","PeriodicalId":332779,"journal":{"name":"The State and Cosmopolitan Responsibilities","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125432270","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Foreign Policy and Domination 外交政策与统治
The State and Cosmopolitan Responsibilities Pub Date : 2019-06-06 DOI: 10.1093/OSO/9780198800613.003.0015
Barbara Buckinx
{"title":"Foreign Policy and Domination","authors":"Barbara Buckinx","doi":"10.1093/OSO/9780198800613.003.0015","DOIUrl":"https://doi.org/10.1093/OSO/9780198800613.003.0015","url":null,"abstract":"Foreign policy, even when well-intentioned, operates beyond the control of the individuals whose lives it affects, and this makes it suspect from a republican-cosmopolitan standpoint. When a republican state aspires to avoid dominating others, may it still formulate its own foreign policy? This chapter suggests that there are two ways forward for preserving space for independent foreign policy. The first proposal parses categories of foreign policy initiatives according to their dominating effects in order to (cautiously) permit some and prohibit others. The second proposal conceives of a ‘licensing regime’ to signal which states have reliably displayed a robust commitment to non-domination in their dealings with others, and thus which states may be granted more leeway in formulating independent foreign policy than others.","PeriodicalId":332779,"journal":{"name":"The State and Cosmopolitan Responsibilities","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133105116","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legitimacy and the State in Cosmopolitan and Republican Politics 世界主义与共和政治中的合法性与国家
The State and Cosmopolitan Responsibilities Pub Date : 2019-06-06 DOI: 10.1093/OSO/9780198800613.003.0014
T. Elliott
{"title":"Legitimacy and the State in Cosmopolitan and Republican Politics","authors":"T. Elliott","doi":"10.1093/OSO/9780198800613.003.0014","DOIUrl":"https://doi.org/10.1093/OSO/9780198800613.003.0014","url":null,"abstract":"While there exist significant points of divergence between cosmopolitanism and republicanism in their respective responses to the tensions arising within contemporary legitimacy politics and the role for the state therein, it is significant that there remains agreement that there is an efficient role for the state in the global politics of legitimation, an efficiency that actively responds to the tensions in legitimacy that characterize global politics. In this respect, it is noteworthy that the state—in both cosmopolitan and republican politics—shoulders responsibility not only towards its own formally assigned population, but further functions as an agency culpable in solutions to more globally oriented problems: as bearing the burden of responsibility to peoples whose own states fail. The state—cosmopolitan and republican—is a global agent with glocalized and globalized responsibilities.","PeriodicalId":332779,"journal":{"name":"The State and Cosmopolitan Responsibilities","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114406750","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Cosmopolitanism in the Face of Gridlock in Global Governance 面对全球治理僵局的世界主义
The State and Cosmopolitan Responsibilities Pub Date : 2019-06-06 DOI: 10.1093/OSO/9780198800613.003.0013
D. Held
{"title":"Cosmopolitanism in the Face of Gridlock in Global Governance","authors":"D. Held","doi":"10.1093/OSO/9780198800613.003.0013","DOIUrl":"https://doi.org/10.1093/OSO/9780198800613.003.0013","url":null,"abstract":"The chapter examines the impact of gridlock on multilateral politics, and the pathways beyond gridlock that states could promote in order to advance a more cosmopolitan form of global governance. The chapter traces the extent to which global politics has been shaped by a cosmopolitan agenda since the end of the Second World War. It then argues that we are at a political crossroads, with one road pointing to the rise of nationalism and authoritarianism while the other to a more cosmopolitan future. The chapter explores pathways of change that yield avenues of possible progress through and beyond gridlock, including avenues for states and people to pursue greater cosmopolitan responsibilities. The concluding section assesses the balance of risks to cosmopolitanism. While precedents and practices of cosmopolitan politics have been put in place, they remain deeply contested.","PeriodicalId":332779,"journal":{"name":"The State and Cosmopolitan Responsibilities","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124477220","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
R2P and the Emergence of Responsibilities Across Borders R2P和跨国界责任的出现
The State and Cosmopolitan Responsibilities Pub Date : 2019-06-06 DOI: 10.1093/oso/9780198800613.003.0002
A. Bellamy, Blagovesta Tacheva
{"title":"R2P and the Emergence of Responsibilities Across Borders","authors":"A. Bellamy, Blagovesta Tacheva","doi":"10.1093/oso/9780198800613.003.0002","DOIUrl":"https://doi.org/10.1093/oso/9780198800613.003.0002","url":null,"abstract":"This chapter examines the nature of the international responsibilities entailed by the ‘Responsibility to Protect’ (R2P) principle and explores to what extent these responsibilities are recognized in contemporary international society. This chapter explores the nature of the ‘responsibility’ entailed by R2P, focusing on its quality (what sort of a responsibility is it?), scope (a responsibility for/to do what?) and agency (whose responsibility is it?)—questions that have been contested by scholars and states alike. Illuminating how these three elements speak to and reflect key aspects of cosmopolitan thought, this chapter outlines what a more cosmopolitan position on R2P would look like and how it adds normative sharpness to the debate surrounding the principle. The second part of the chapter asks to what extent states and other actors recognize these responsibilities in practice and behave as if there were protection responsibilities across borders. There are clear signs of an emerging recognition within international society of a shared responsibility to protect populations from atrocity crimes. Although agreement in principle does not translate neatly into agreement on how to act in specific situations, the experience of R2P does suggest the possibility of nascent and developing cosmopolitan responsibilities emerging from within the society of states.","PeriodicalId":332779,"journal":{"name":"The State and Cosmopolitan Responsibilities","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124960662","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Cosmopolitan Responsibilities of Republican States 共和国家的世界性责任
The State and Cosmopolitan Responsibilities Pub Date : 2019-06-06 DOI: 10.1093/OSO/9780198800613.003.0017
M. Ronzoni
{"title":"The Cosmopolitan Responsibilities of Republican States","authors":"M. Ronzoni","doi":"10.1093/OSO/9780198800613.003.0017","DOIUrl":"https://doi.org/10.1093/OSO/9780198800613.003.0017","url":null,"abstract":"Can the republican state be a bearer of cosmopolitan responsibilities, and if so of what kind? In this chapter, I suggest that they must, but that these obligations will inevitably be constrained in kind. I reach this conclusion in two steps. First, I suggest that, unlike liberal egalitarians, republicans are all moral (if not necessarily all legal and political) cosmopolitans: they do believe that each and every moral agent is entitled to the same claim to non-domination. Yet, they sharply disagree on what it takes to secure this claim: are people best protected from domination if they live in robustly sovereign states, under a global democratic or constitutional regime, or does the solution lie somewhere in between? Second, I suggest that, if this is the case, then all republicans must recognize the existence of cosmopolitan responsibilities for states—even those who advocate the starkest forms of state sovereignty. For some of them, these responsibilities will include the obligation of states to subject themselves to supranational legal systems of some kind; for some, instead, they will only entail obligations to respect each other’s sovereignty. However, these responsibilities will have specific features regardless of such differences. In a nutshell: if, to some extent, the cosmopolitan responsibilities of states might entail the duty to intervene in, or interfere with, the conduct of other states, then these must be importantly constrained by the fact that these very interventions and interferences must themselves be of a non-dominating kind.","PeriodicalId":332779,"journal":{"name":"The State and Cosmopolitan Responsibilities","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126685527","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Free Movement, Sovereignty and Cosmopolitan State Responsibility 自由流动、主权和世界性国家责任
The State and Cosmopolitan Responsibilities Pub Date : 2019-06-06 DOI: 10.1093/oso/9780198800613.003.0012
Luis Cabrera
{"title":"Free Movement, Sovereignty and Cosmopolitan State Responsibility","authors":"Luis Cabrera","doi":"10.1093/oso/9780198800613.003.0012","DOIUrl":"https://doi.org/10.1093/oso/9780198800613.003.0012","url":null,"abstract":"How ‘cosmopolitan’ can a sovereign state be? That question is considered here in the context of unauthorized immigration and arguments for free movement of persons across state boundaries. Details are first presented on non-cosmopolitan attitudes commonly expressed by receiving-state leaders in response to unauthorized immigration. They focus not on equal moral standing and the cosmopolitan mandate to give fair consideration to all persons’ interests, but on the criminality of unauthorized entry, often the perceived criminality or poor character of entrants themselves, and a ‘war’ on human smugglers. A robustly cosmopolitan state, it is argued, would support much freer movement of persons. This raises a question, however: is a state which does not seek to control its borders still a cosmopolitan state? It is acknowledged, in relation to an argument from Joseph Carens, that state sovereignty might, in principle, be defined separate from state control of borders. In practice, however, free movement has been strongly associated in recent years with fairly intensive projects of regional integration. These entail significant pooling of sovereignty, creating in effect more-cosmopolitan regions, rather than more-cosmopolitan sovereign states. Overall, the analysis reinforces some significant challenges, highlighted by institutional cosmopolitans, to realizing robust cosmopolitan moral aims in a system of independent sovereign states. It also, however, highlights ways in which states can be ‘more-cosmopolitan’ in relation to migration in the current system.","PeriodicalId":332779,"journal":{"name":"The State and Cosmopolitan Responsibilities","volume":"165 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124620494","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Good International Citizenship and Cosmopolitan Responsibilities to Protect 良好的国际公民身份和世界性的保护责任
The State and Cosmopolitan Responsibilities Pub Date : 2019-05-23 DOI: 10.1093/oso/9780198800613.003.0003
Derek Edyvane, J. Souter
{"title":"Good International Citizenship and Cosmopolitan Responsibilities to Protect","authors":"Derek Edyvane, J. Souter","doi":"10.1093/oso/9780198800613.003.0003","DOIUrl":"https://doi.org/10.1093/oso/9780198800613.003.0003","url":null,"abstract":"This chapter examines a key question facing advocates of the cosmopolitan state: how can states best realize their cosmopolitan responsibilities to protect alongside their other responsibilities in cases where they conflict? It does so by focusing on a modest vision of cosmopolitan statehood—the notion of good international citizenship—and the idea that good international citizen states are faced with a continual need to ‘balance’ their potentially conflicting responsibilities. Drawing on the philosophy of value pluralism, the chapter interrogates this notion of ‘balance’ and makes two main claims. First, at times the plural responsibilities of good international citizenship can be successfully balanced through both contextual political decision and pragmatic action. Second, there are undoubtedly hard cases in which this balancing act is impossible, and good international citizens are faced with irresolvable dilemmas, in which ‘dirty hands’ are inevitable.","PeriodicalId":332779,"journal":{"name":"The State and Cosmopolitan Responsibilities","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125169575","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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