Simon Caney

Cosmopolitan Justice and Institutional Design:

An Egalitarian Liberal Conception of Global Governance

Social Theory and Practice, 32.4 (2006): 525-546.

 

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Abstract

My aim in this paper is to address the question: What kind of political institutions should there be? Should there be a system of states? Should there be global institutions? If there should be global institutions, what should their roles be and what powers should they possess? These are all questions of what one might call "global institutional design." They are, no doubt, rather grandiose questions, but they are questions to which we need answers. We currently face enormous injustices--global poverty and inequality, exploitation, AIDS, accelerating global warming, warfare and imperialism--and it is important to know what kind of global political framework there should be in light of these very grave wrongs. We inhabit a world characterized by what some have termed "negative integration"--there are fewer barriers to trade, communication, and interaction--and yet there is relatively little "positive integration" (by which is meant prominent and effective international institutions that link all together). (1) It is an open question whether more "positive integration" is a desirable goal or whether the kind of decentralization offered by a system of states is more desirable.

 

In what follows I argue that there should be suprastate institutions charged with protecting persons' fundamental rights (including, for example, their interest in security, a healthy environment, and not suffering from poverty) and mediating fairly between competing ideals of word order. This preferred world order thus posits a multilevel system of governance--one, that is, in which there are state-like political systems that possess considerable autonomy but are not fully sovereign, and in which authoritative decision-making powers are also held by regional organizations (akin to the EU), global institutions, and substate political authorities. (2)

 

I begin by examining two competing principles of institutional design--an instrumental view, which maintains that one should design institutions so as to realize the most plausible conception of justice, and a democratic view, which maintains that one should design institutions so as to enable persons to participate in the decisions that impact their lives. I argue for a mixed view that combines these two principles. In the second stage of the argument, I draw on this principle of institutional design to argue for the need for suprastate institutions. These are required to protect persons' core basic rights and, over and above that, they are needed to provide fair and legitimate procedures for choosing which rules should govern the global economy and environment. The third stage of the argument develops this account by elaborating on what features global institutions must possess for them to perform these two distinct kinds of roles. I then (section 4) draw attention to the ways in which the responsibilities of international institutions differ from those of other actors.

 

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