John Rawls's The Law of Peoples has been criticized for focusing on the interests of peoples rather than individuals and for compromising individuals' fundamental human rights in order to tolerate nonliberal ideas of justice. This dissertation develops a new political liberal approach to international justice theory that responds to these concerns. This approach gives explicit moral primacy to the individual while also upholding the political liberal commitment to toleration. I do this by developing a political conception of the person specifically for international justice theory and a global original position of persons for working out principles of international justice. This involves the specification of an idea of freedom that is not parochially liberal and the development of a new political liberal human rights framework. This dissertation does not offer a defense of political liberalism as the right account of justice; the aim of this work is to consider whether a political liberal theory of international justice is able to give the individual moral primacy and to explore how it might do so.

John Rawls's The Law of Peoples has been criticized for focusing on the interests of peoples rather than individuals and for compromising individuals' fundamental human rights in order to tolerate nonliberal ideas of justice. This dissertation develops a new political liberal approach to international justice theory that responds to these concerns. This approach gives explicit moral primacy to the individual while also upholding the political liberal commitment to toleration. I do this by developing a political conception of the person specifically for international justice theory and a global original position of persons for working out principles of international justice. This involves the specification of an idea of freedom that is not parochially liberal and the development of a new political liberal human rights framework. This dissertation does not offer a defense of political liberalism as the right account of justice; the aim of this work is to consider whether a political liberal theory of international justice is able to give the individual moral primacy and to explore how it might do so.

Thesis (doctoral)--Université de Genève, 1938. / Includes bibliographical references (p. [103]-107) and index.

Presented here is a critical analysis of the administration, measurement, and application of justice on an international scale. To develop a general framework through which to analyze an international theory of justice, I will start by laying out the differences between the cosmopolitan conception of justice and Thomas Nagel’s political conception of justice. I will offer my own hybrid account that designates nation-states, rather than individuals, as the primary actors of justice. An examination of how justice is measured is necessary for conceptualizing relevant compensation systems and intervention schemes. I investigate justice as measured by Ronald Dworkin’s equality of resources and justice as measured by Amartya Sen’s capability approach, both of which differ in their treatment of non-democratic and corrupt nation-states. I advocate the expansion of political freedoms and a compensation scheme based on the use of natural resources to provide a system of international justice that encourages the preservation of native tradition and respects the nature of cultural difference.

Thesis (doctoral)--Université de Genève, 1938. / Includes bibliographical references (p. [103]-107) and index.

Portant sur la consistance historique de la « justice internationale », cette thèse essaie de repérer et d’analyser certains des grands processus ayant eu part à la formation historique, depuis deux siècles environ, d’une judiciabilité universaliste. Par judiciabilité, elle désigne et se donne pour objet une forme historique d’autorité, à la fois générale et spécifique. Cherchant à réduire l’écart entre sociologies de l’institutionnalisation des cours internationales et sociologies du jugement, elle s’écarte ainsi des perspectives centrées sur telle ou telle juridiction en particulier, des rapprochements opérés entre certaines juridictions en raison d’un horizon normatif commun supposé comme des comparaisons à l’aune d’une éventuelle fonction politique. Par judiciabilité universaliste plus précisément, elle entend une forme d’autorité liée à l’ensemble approximativement systématique des connotations de l’expression « justice internationale », c’est-à-dire à un certain horizon de sens : il en va en l’occurrence de justice et de guerre et de paix, d’apaisement et de réconciliation, d’attentes de consolation, de réforme, voire de délivrance. Fondée sur un présentisme de méthode, privilégiant les expériences de justice internationale les plus intensives, qui se trouvent être aussi les plus récentes, la thèse tente de démontrer deux choses : premièrement, que la consistance historique de la justice internationale ne saurait être saisie sans que l’on s’intéresse à des processus de relativement longue durée - deuxièmement, que dans ce champ de judiciabilité universaliste dont la formation s’étend sur deux siècles se multiplient, outre les enjeux normatifs, les enjeux de vérité. / This dissertation addresses the concrete historicity of “international justice”. It tries to map and analyze some important processes involved in the formation of a universalist judiciability since the 19th Century. By “judiciability”, it highlights a historical form of authority, general as well as specific – the very object of the inquiry. It therefore endeavours to bridge the gap between the sociology of the institutionalization of international courts on the one hand and the sociology of justice in action on the other and departs from analyses focusing on such or such international court, from assumptions of a common normative horizon allowing connections to be made between various courts, and from comparisons between courts and their respective political function, if any. More precisely, “universalist judiciability” refers to a form of authority associated with a particular horizon of meaning, the approximately systematic set of connotations of the phrase “international justice”: it is about justice and war and peace, appeasement, and reconciliation, expectations of solace, reform, or even wordly redemption. Based on a methodological presentism, the dissertation’s primary focus is on the most intensive experiments in international justice, which also happen to be the most recent ones. Two claims are made: firstly, that the concrete historicity of “international justice” cannot be grasped properly if due attention is not paid to relatively long range processes- secondly, that besides normative issues issues of truth have been multiplying in this field of universalist judiciability whose historical formation spans two centuries.

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Esta tese investiga as possibilidades de uma proposta normativa feminista e cosmopolita para lidar com o problema das desigualdades de gênero e das violações das liberdades básicas das mulheres dentro da perspectiva liberal igualitária. Tendo como ponto de partida o axioma da igualdade moral humana e buscando alcançar um projeto de internacionalismo feminista liberal alternativo ao de Martha Nussbaum em Women and Human Development The capabilities approach. Para tanto, esta pesquisa discute o modo como as relações de gênero e coerções de gênero devem estar sob o escopo da justiça e busca construir uma interpretação da noção rawlsiana de estrutura básica como objeto da justiça que seja simultaneamente adequada do ponto de vista feminista e cosmopolita, a fim de que, em nome do próprio axioma da igualdade moral fundamental, seja possível dar conta da articulação entre os diversos horizontes da justiça: justiça local, justiça social e justiça cosmopolita. E argumenta que esta articulação, dentro de uma concepção de justiça institucional compatível com a tolerância e justiça liberais, exige um equalisandum cosmopolita nos moldes dos bem primários rawlsianos como um modo moralmente defensável de se criar uma esfera de inviolabilidade individual que proteja as mulheres de violações advindas das desigualdades de gênero e lhes possibilite direito de saída, sem com isso ignorar a legitimidade do pluralismo moral razoável. Assim, defende-se que apenas uma lista de bens primários cosmopolita articula devidamente as possibilidades de saída nos planos local, social e cosmopolita, na constituição de um ideal de direito de saída pleno para as mulheres que seja conforme o ideal de tolerância liberal e com um liberalismo político, tendo como objeto da justiça uma estrutura básica que inclui as coerções de gênero e cujo meio para a justiça é institucional. / The thesis explores a normative proposal of solving some of the well-known genders problems of inequality and infringement of womans basic liberties from a feminist and cosmopolitan point of view. It assumes the axiom of human moral equality as its normative grounds although it attempts to achieve a feminist liberal approach quite different from Martha Nussbaums Woman and Human Development The Capabilities Approach. To that end the research tries to conceive how gender tensions could be entailed by a theory of justice. Notwithstand the crucial distinctions between local, social and cosmopolitan justice, the work proposes a reinterpretation of the Rawlsian concept of basic structure, as the main subject of justice, in which both feminism and cosmopolitanism aims can be fit into the axiom of moral human equality. One of thesis main objectives is to sustain the requirements of a cosmopolitan equalisandum as a feasible and morally relevant way to set up inviolable areas of individuality concerning protection against gender violence. A rank of cosmopolitan primary goods also promotes the effectiveness of a series of exit rights: from the local context to the global one. It aims an ideal of full exit right to women that is entirely compatible with the liberal ideal of toleration.

<p>Traditionally, the promotion of socio-economic justice has been seen as an exclusive concern for the state and its citizens. Many contemporary political thinkers criticize this view and argue that the principles of justice which apply within a state also apply to the global level. Further, they often argue that this conclusion is strengthened by the increased level of interconnectedness between people and states created by globalization. It is said that even if principles of justice are constrained by institutional boundaries, these boundaries no longer coincide with state borders but rather extend transnationally, or even globally. In this thesis it is argued that the impacts on justice inferred from globalization are often seriously overstated. The demand for socio-economic justice is created exclusively by a special relationship between citizens. This relationship is constituted by a common membership in the kind of coercive institutional structure epitomized by the state. Under current state of affairs, state coercion has no counterpart in the global arena. The conclusion is that concerns of socio-economic justice should be reserved for the domestic arena. Yet, it is also argued that justice is pluralistic and other kinds of concern are applicable on a global scale. Issues of fairness in international trade are discussed as examples of such concerns, and it is concluded that the international trade regime should institutionalize a number of safeguards that reduce the vulnerability of developing states.</p>

Traditionally, the promotion of socio-economic justice has been seen as an exclusive concern for the state and its citizens. Many contemporary political thinkers criticize this view and argue that the principles of justice which apply within a state also apply to the global level. Further, they often argue that this conclusion is strengthened by the increased level of interconnectedness between people and states created by globalization. It is said that even if principles of justice are constrained by institutional boundaries, these boundaries no longer coincide with state borders but rather extend transnationally, or even globally. In this thesis it is argued that the impacts on justice inferred from globalization are often seriously overstated. The demand for socio-economic justice is created exclusively by a special relationship between citizens. This relationship is constituted by a common membership in the kind of coercive institutional structure epitomized by the state. Under current state of affairs, state coercion has no counterpart in the global arena. The conclusion is that concerns of socio-economic justice should be reserved for the domestic arena. Yet, it is also argued that justice is pluralistic and other kinds of concern are applicable on a global scale. Issues of fairness in international trade are discussed as examples of such concerns, and it is concluded that the international trade regime should institutionalize a number of safeguards that reduce the vulnerability of developing states.