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Democracy Beyond BordersJustice and Representation in Global Institutions$
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Andrew Kuper

Print publication date: 2004

Print ISBN-13: 9780199274901

Published to Oxford Scholarship Online: November 2004

DOI: 10.1093/0199274908.001.0001

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Global Justice

Global Justice

Beyond The Law of Peoples to a Cosmopolitan Law of Persons

(p.7) 1 Global Justice
Democracy Beyond Borders

Andrew Kuper

Oxford University Press

Develops a cosmopolitan theory of global justice, in critical dialogue with John Rawls’s The Law of Peoples. Kuper argues that Rawls has begged some of the central questions of global justice by adopting a ‘thin statist’ conception of legitimate global order. Thus, Rawls effectively supports a system of unitary nation-states with limited sovereignty, while Kuper rejects this idea in favour of multi-level and multi-type political institutions. Similarly, Rawls disavows free speech and democratic rights at the global level, while Kuper establishes that they are fundamental requirements of global justice. Kuper then proposes a new notion of ‘plurarchic sovereignty’ governed by Principles of Democracy and Subsidiarity. Important practical implications are demonstrated in three areas: economic development, the rules of engagement with illiberal states, and the use of force in humanitarian intervention.

Keywords:   capabilities, cosmopolitan, culture, global justice, humanitarian intervention, international law, Law of Peoples, political liberalism, Rawls, realism, rights, sovereignty, theory of justice, toleration, use of force

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