This work examines the case for international compensation programs for reasonably justly formed majority cultures facing threats due to the ordinary functioning of globalization. While many “majority rights” claims cannot withstand scrutiny, standard liberal-democratic arguments for minority rights couched in concerns about cultural vulnerability now apply to several majority cultures. Parity of reasoning from the minority rights literature thus provides some reasonably justly formed majorities with claims to cultural protections. Domestic laws are unlikely to adequately protect against transnational (...) threats, and some would threaten minority rights. But majority cultural vulnerability presents an injustice that international institutions should address. A well-designed international compensation scheme could maintain recognized benefits of globalization while compensating those who lose part of their cultural identity as a result. The following motivates and provides preliminary details on how to design a scheme. (shrink)

The history of international relations is characterized by widespread injustice. What implications does this have for those living in the present? Should contemporary states pay reparations to the descendants of the victims of historic wrongdoing? Many writers have dismissed the moral urgency of rectificatory justice in a domestic context, as a result of their forward-looking accounts of distributive justice. Rectifying International Injustice argues that historical international injustice raises a series of distinct theoretical problems, as a result of (...) the popularity of backward-looking accounts of distributive justice in an international context. It lays out three morally relevant forms of connection with the past, based in ideas of benefit, entitlement and responsibility. Those living in the present may have obligations to pay compensation insofar as they are benefiting, and others are suffering, as a result of the effects of historic injustice. They may be in possession of property which does not rightly belong to them, but to which others have inherited entitlements. Finally, they may be members of political communities which bear collective responsibility for an ongoing failure to rectify historic injustice. Rectifying International Injustice considers each of these three linkages with the past in detail. It examines the complicated relationship between rectificatory justice and distributive justice, assesses the appropriateness of judging the past by contemporary moral standards, and argues that many of those who resist cosmopolitan demands for the global redistribution of resources have failed to appreciate the extent to which past wrongdoing undermines the legitimacy of contemporary resource holdings. (shrink)

While mitigation and adaptation will help to protect us from climate change, there are harms that are beyond our ability to adapt. Some of these harms, which may have been instigated from historical emissions, plausibly give rise to duties of compensation. This chapter discusses several principles that have been discussed about how to divide climate duties—the polluter pays principle, the beneficiary pays principle, the ability to pay principle, and a new one, the polluter pays, then receives principle. The chapter (...) introduces several challenges to these principles from the literature, before discussing which policies and institutions might be relevant to compensation, whether internationally (e.g. the Green Climate Fund) or intergenerationally (e.g. Broome and Foley’s World Climate Bank). It also describes some recent successful climate cases which require both the Dutch government and a private firm to act in accordance with climate targets to avoid potential rights-violations. Finally, it discusses one of the most important international concepts with respect to compensation: the Loss & Damage pillar of climate policy. (shrink)

While mitigation and adaptation will help to protect us from climate change, there are harms that are beyond our ability to adapt. Some of these harms, which may have been instigated from historical emissions, plausibly give rise to duties of compensation. This chapter discusses several principles that have been discussed about how to divide climate duties – the polluter pays principle, the beneficiary pays principle, the ability to pay principle, and a new one, the polluter pays, then receives principle. (...) The chapter introduces several challenges to these principles from the literature, before discussing which policies and institutions might be relevant to compensation, whether internationally (e.g., the Green Climate Fund) or intergenerationally (e.g., Broome and Foley’s World Climate Bank). It also describes some recent successful climate cases that require both the Dutch government and a private firm to act in accordance with climate targets to avoid potential rights violations. Finally, it discusses one of the most important international concepts with respect to compensation: the Loss & Damage pillar of climate policy. (shrink)

The September 11th Victims Compensation Fund can only hesitatingly find its place within a comprehensive study of reparation programs. While the origin of the Fund lies in the political exigencies surrounding a perceived threat to the security of the United States, it more accurately reflects the desire by the U.S. Congress to ensure the viability of its nation’s air carriers. Unlike traditional reparations which are closely related to a process of social reintegration of the victim, fostering civic trust and (...) social solidarity, the Fund was not established to bring justice to the victims of the terrorist attacks on September 11, 2001. Also, unlike traditional reparations, the Fund did not seek to serve as a mechanism of corrective or distributive justice as a result of an authoritarian domestic regime or internal conflict. It was initially created out of fear that recourse to the U.S. courts would threaten the precarious financial health of the airline industry. Implicitly, however, such pragmatism reflected a desire by lawmakers that the government be seen as doing all it could to ease the pain of those who suffered so greatly on September 11, 2001. Initial motivations for the program aside, there is no question that the compensation scheme has since taken on a life of its own. Ultimately, the Fund’s contribution to any reparations case-study lies in its cautionary tale about the creation of elaborate administrative schemes that try to individualize recoveries as the mechanisms through which to compensate victims. (shrink)

This article examines the relationship between Jeremy Waldron’s supersession thesis and compensation. Recently, Waldron has argued that claims for material compensation for the original injustice cannot be superseded. He limits supersession to issues of restitution. Waldron’s supersession thesis is frequently cited by opponents of claims based on historical injustice, so his view of compensation warrants close examination. In our article, we explain the details of Waldron’s ‘simple model’ of compensation, offer an internal critique of it, and (...) try to sympathetically reconstruct it. We contend that a crucial claim about this model does not work; his model would result in many more backward-looking compensatory claims than he realizes. Waldron’s allowing for material compensation claims from historical injustice is in tension with, or incompatible with, his long-expressed view that the spirit of the supersession thesis is that justice should be forward-looking and look to present-day costs. We have argued elsewhere that the abstract possibility that restitution claims may be superseded due to changing circumstances (what we call the ‘supersession thesis proper’) is separable from the question of whether justice has a forward-looking or backward-looking orientation. We argue here that Waldron’s model of compensation can best be made sense of through our distinction of ‘full supersession’ and ‘partial supersession.’ This allows us to show that Waldron’s model relies on a more strongly backward-looking orientation than he seems to endorse in his earlier works on restitution and his most recent article discussing compensation. We conclude by offering external criticisms of Waldron’s model of compensation. (shrink)

When states are required to compensate victim groups for the historic wrongs they have committed, how should the compensation due be calculated? It seems that alongside the counterfactual world in which the wrongdoing never occurred, we should also consider the counterfactual world in which the wrongdoing has occurred, but the victims have responded to it in a prudent way. Under tort law, the damages a victim can claim are reduced if they are judged to have been contributorily negligent, thereby (...) exacerbating the harm they have suffered. The paper considers four reasons why victim groups could not be expected to respond collectively to injustice in a way that outsiders might judge to be prudent. 1. The wrongdoing has destroyed their capacity to act as a group agent. 2. The wrongdoing has inflicted psychological traumas that lead them to make poor decisions. 3. They would need to violate a moral norm that is deeply embedded in their culture. 4. They would need to adopt policies that risk inflicting severe injustice on an internal minority. In many instances of historic injustice, one or more of these reasons apply. So although in principle victims’ behaviour is relevant when compensation is being calculated, we must be very cautious in using that doctrine to assess real cases. (shrink)

The present study investigated relations between personality and values on the one hand and compensation preferences on the other. We hypothesized that HEXACO Honesty-Humility and self-transcendence versus self-enhancement values predict preference for higher relative compensation level and that HEXACO Openness to Experience and openness to change versus conservation values predict preference for compensation variability. Furthermore, we expected perceived utility of money and risk aversion to mediate the respective relations. The hypotheses were tested using a sample of 2,210 (...) employees from a large international organization. The results provided support for the direct and mediated relations between personality and values on the one hand and preferences for compensation variability and level on the other. (shrink)

Controversies still exists within the research fraternity on the form and level of incentives, compensation and reimbursement to study participants in resource-constrained settings. While most research activities contribute significantly to advancement of mankind, little has been considered in rewarding directly the research participants from resource-constrained areas. A study was conducted in Zimbabwe to investigate views and expectations of various stakeholders on study participation incentives, compensation and reimbursement issues. Data was collected using various methods including a survey of about (...) 1,008 parents/guardians of school children participating in various immunological cohort studies and parasitology surveys. Community advisory boards (CABs) at 9 of the sites were also consulted. Further, information was gathered during discussions held at a basic research ethics training workshop. The workshop had 45 participants that including 40 seasoned Zimbabwean researchers and 5 international research collaborators. About 90% (907) of the study participants and guardians expected compensation of reasonable value, in view of the researchers' value and comparison to other sites regardless of economic status of the community. During discussion with researchers at a basic ethics training workshop, about 80% (32) believed that decisions on level of compensation should be determined by the local research ethics committees. While, the few international research collaborators were of the opinion that compensation should be in accordance with local guidelines, and incentives should be in line with funding. Both the CAB members and study participants expressed that there should be a clear distinction between study incentive and compensation accorded to individual and community expectations on benefits from studies. However, CABs expressed that their suggestions on incentives and compensation are often moderated by the regulatory authorities who cite fear of unknown concerns. Overall, both personal and community benefits need to be considered colectively in future studies to be conducted in resource-constrained communities. There is projected fear that recruitment in future may be a challenge, now that almost every community, has somehow been reached and participated in some form of studies. A major concern on reimbursement, compensation or incentives should be internationally pegged regardless of different economic status of the individuals or communities where the study is to be conducted. (shrink)

In Canada, laws and policies consistently reject the commodification of human organs and tissues, and Canadian practice is consistent with international standards in this regard. Until the Assisted Human Reproduction Act of 2004, gamete donation in Canada was an exception: Canadians could pay and be paid open market rates for gametes for use in in vitro fertilization. As sections of the AHR Act forbidding payment for gametes and permitting only reimbursement of receipted expenses gradually came into effect in 2005, (...) Canada did away with this anomaly. Medical practice and legal prohibitions in assisted human reproduction are now consistent with other areas of medicine where tissues and organs are taken from one person to benefit others: Altruistic donation, rather than selling and buying, will be the norm. (shrink)

The main objective of this paper is to examine the determinants of CEO compensation in the UK public listed companies. Our analysis, based on the sample drawn from the FTSE100 constituent firms, suggest that firm financial performance measured by return of assets (ROA), influence CEO compensation with the impact being most pronounced for the CEO total compensation. Results further suggest that corporate governance characteristics such as board size and CEO role duality have direct implications for CEO (...) class='Hi'>compensation. These attributes, however, differentially determine the various components of CEO compensation. Although the results of this research help to elucidate the importance of corporate outcomes, board attributes and CEO traits in explaining the determinants of CEO compensation in the UK public listed companies, these findings have important economic implications for the corporate sector, regulators, investors, market analysts, academics and the public, which extend beyond the UK market. (shrink)

Asbestos-related illnesses contribute to the deaths of more than 100,000 people worldwide (ILO 2006) and the plight of sufferers of these illnesses has become a global ethical issue. A leading, Australian building products corporation, James Hardie, created a complex corporate structure that included the establishment of a “Victims Compensation Fund”, and moved its corporate headquarters to the Netherlands to reduce its liabilities. Hardie claimed that this move was tax minimization (Haigh 2006). In this study case, a number of ethical (...) issues provides the opportunity to discuss many business-society questions. These include the duties of the company towards a wide range of stakeholders affected in some way by Hardie’s earlier production of asbestos-related products and its subsequent responses to the question of compensation. (shrink)

While the effect of top executives' social networks on their compensations has received substantial scholarly attention, little effort has been made to integrate segmented views to offer more complete understanding of this effect. In this paper, we propose an integrative two-stage model by taking both economic and socio-political views into account. We theorise that some characteristics of top executive's outside social ties are positively related to firm performance, and those relationships are conditioned by external and internal strategic contexts, such as (...) environmental uncertainty, strategic relevance, and tie strength. We also theorise that firm performance leads to executives' compensations, but this linkage is moderated by the socio-political dynamics among executives (within-group dynamics) as well as between executives and a board of directors (between-group dynamics) inside the firm. Based on our integrative framework, this paper provides the comprehensive understanding of how executives' compensations are determined and highlights the importance of executive's social ties and their implications. (shrink)

Since the development of assisted reproductive technologies, infertile individuals have crossed borders to obtain treatments unavailable or unaffordable in their own country. Recent media coverage has focused on the outsourcing of surrogacy to developing countries, where the cost for surrogacy is significantly less than the equivalent cost in a more developed country. This paper discusses the ethical arguments against international surrogacy. The major opposition viewpoints can be broadly divided into arguments about welfare, commodification and exploitation. It is argued that (...) the only valid objection to international surrogacy is that surrogate mothers may be exploited by being given too little compensation. However, the possibility of exploitation is a weak argument for prohibition, as employment alternatives for potential surrogate mothers may be more exploitative or more harmful than surrogacy. It is concluded that international surrogacy must be regulated, and the proposed regulatory mechanism is termed Fair Trade Surrogacy. The guidelines of Fair Trade Surrogacy focus on minimizing potential harms to all parties and ensuring fair compensation for surrogate mothers. (shrink)

People live and age together in social groups. Across a range of outcomes, research has identified interdependence in the cognitive and health trajectories of ageing couples. Various types of memory decline with age and people report using a range of internal and external, social, and material strategies to compensate for these declines. While memory compensation strategies have been widely studied, research so far has focused only on single individuals. We examined interdependence in the memory compensation strategies reported by (...) spouses within 58 older couples. Couples completed the Memory Compensation Questionnaire, as well as an open-ended interview about their memory compensation practices. We found that internal, intra-individual memory compensation strategies were not associated within couples, but external, extra-individual strategies showed interdependence. Individuals’ scores on material/technological compensation strategies were positively correlated with their partners’. Reported reliance on a spouse was higher for men and increased with age. Our open-ended interviews yielded rich insights into the complex and diverse resources that couples use to support memory in day-to-day life. Particularly evident was the extent of interaction and coordination between social and material compensation, such that couples jointly used external compensation resources. Our results suggest that individuals’ reports of their compensation strategies do not tell the whole story. Rather, we propose that older couples show interdependence in their memory compensation strategies, and adopt complex systems of integrated material and social memory compensation in their day-to-day lives. (shrink)

A 78-year-old Chinese woman joined a clinical trial sponsored by a Pharmaceutical companies. Unfortunately a serious Serious Adverse Event occurred. The sponsor paid for the cost of the medical care arising from the SAE, but refused the family’s request for compensation. The family then sued the company and the hospital in Beijing. Although the SAE was related to a complication of lower extremity angiography and not the drug itself, it was a direct consequence of participating in the trial. According (...) Good Clinical Practice, a set of regulations promulgated under Chinese law, “the sponsor should provide Insurance to those human subjects who participate in clinical trials, cover the cost of Treatment and the corresponding economic compensation for the occurrence of the harm or death associated with the trial”. The court ordered the trial sponsor to provide a translation of the company’s insurance policy, so that the court could understand the amount of compensation available to the Patient under the policy, but the sponsor never surrendered either the documentation or a translation. Consensus was never reached about the amount of compensation due to the patient through negotiation with the hospital, the company and the family. The Litigation ended after nine hearings and five long years. This chapter provides an ethical analysis of the case relative to at least three areas of Risks of Exploitation when a major, international Pharmaceutical companies sponsors clinical research in a country with an immature legal system and where Research participants have limited resources. (shrink)

While useful proposals to reform International Financial Institutions (IFIs) have been widely discussed, the lack of meaningful financial accountability has received little attention. Considering the substantial damage done by IFIs, this is surprising both from an ethical and an economist's point of view. In a market economy anyone must face the economic consequences of their actions and decisions. If consultants give advice negligently or without obeying minimal professional standards, they have to pay compensation for the damage they have (...) caused. National liability and tort laws serve the purpose of compensating those suffering unlawful damages and of deterring such behavior. By contrast, tortious damage caused by IFIs must be paid by IFIs' borrowers, including many of the world's poorest people. IFIs may even gain financially from their own negligence by extending new loans necessary to repair damages done by their prior loans. One failed adjustment program calls for the next. This mechanism makes IFI-flops generate IFI-jobs and additional income. This perverted incentive system rewarding errors, negligence, and even violations of the very constitutions of IFIs is absolutely at odds with the principles on which Western market economies rest. It must be brought to an end. This essay presents the idea of financial accountability, showing how easily reforms making IFIs financially accountable could be implemented. Moreover, embracing financial accountability would bring IFI operations closer to the intentions of their founders, who wanted IFIs subject to the basic legal and economic concepts of financial accountability not exempt from it. The market mechanism and its beneficial incentive system must finally be brought to IFIs. (shrink)

The article deals with the question how transnational corporations can bear direct responsibility for human rights abuses they commit by analysing the deficiencies of the current international legal background with respect to human rights and transnational corporations, and the solutions offered by national and regional legal tools. By establishing that current international law is incapable of reducing or compensating for governance gaps, the case law analysis shows that the litigation system under the Alien Tort Claims Act in the (...) United States and ATCA-like litigation possibility in the European Union present a feasible alternative to international law in the field of human rights protection when abuses are committed by transnational corporations. (shrink)

Three principles must be taken into account in assessing the social responsibilities of international business firms in developing areas. The first is an awareness of the historical and institutional dynamics of local communities. This influences the type and range of responsibilities the firm can be expected to assume; it also reveals the limitations of any universal codes of conduct. The second is the necessity of non-intimidating communication with local constituencies. This requires the firm to temper its power and influence (...) by recognizing and responding to local concerns in the pursuit of its own objectives. The third is the degree to which the firm's operations safeguard and indeed improve the social and economic assets of local communities. At issue is the question of adequate compensation for the inevitable disruptions that an international business brings to a local community. Beneficial returns must be shared and sustained over the long term in an equitable manner. The nine studies in this special edition illustrate in different ways the importance of these three principles. (shrink)

Compensation has received a great deal of attention from social scientists. Characteristically, they have been concerned with the causes and effects of various compensation schemes. By contrast, few theorists have addressed the normative aspects of compensation. An exception is Elaine Sternberg, who offers in Just Business a comprehensive theory of compensation ethics. This paper critically examines her theory, and argues that the justification she gives for it fails. Its failure is instructive, however. The main argument Sternberg (...) gives for her theory points in the direction of a different one. This, in turns, helps us to see what a justification of Sternberg’s theory must look like. While focused on Sternberg, this paper is of general interest. It identifies what are likely to be important positionsand arguments in debates about compensation ethics, and thus provides a jumping-off point for further research in this neglected area. (shrink)

In his recent writings, Jürgen Habermas asks how the liberal constitutional principle of separation between church and state, religion and politics, should be understood. The problem, he holds, is that a liberal state guarantees equal freedom for religious communities to practise their faith, while at the same time shielding the political bodies that take collectively binding decisions from religious influences. This means that religious citizens are asked to justify their political statements independently of their religious views, resulting in a burden (...) that secular citizens do not experience. To compensate, Habermas demands from secular citizens that they open their minds to the possible truth content of religion, enter into dialog and contribute to the translation of religious reasons into generally acceptable reasons. This article focuses on Habermas’s assumption that religious citizens suffer an asymmetrical cognitive burden that should be compensated, and his claim that his approach to religion in the public sphere is less restrictive than that of John Rawls. (shrink)

This study examines how the CSR committee and CSR-linked executive compensation jointly affect CSR performance as governance mechanisms. Prior studies provided mixed results on the CSR committee’s effect on CSR performance. We posit that a CSR committee has both a direct and an indirect positive effect on CSR performance, with CSR-linked compensation playing the role of mediator in the relationship. We base our analysis on a sample of 164 Canadian firms covering the period 2012–2018, for a total of (...) 952 firm-year observations. We propose a regression-based approach for our mediation research design. Our findings reveal that CSR-linked compensation mediates the CSR committee’s positive effect on performance, but the type of mediation depends on whether the performance is social or environmental. We provide evidence of both direct and indirect effects on environmental performance but only a positive indirect effect on social performance. These results suggest that demands from the firm’s internal and external stakeholders are treated differently, with the former receiving priority. (shrink)

Previous research has investigated the links between Mergers and Acquisitions (M&As) and the monetary magnitude of executive compensation, but failed to inquire how the adoption of specific attributes of compensation contacts relates to M&A activities. We address this gap in the literature by examining the impacts of some M&A characteristics and acquirers' features on the adoption of executive compensation protection provisions and new Long-Term Incentive Plans (LTIPs). The study adopts a longitudinal design before after M&A deals for (...) 80 Canadian acquiring companies that engaged in M&A activities between 1995 and 2001. Our findings suggest that both transactional and organisational characteristics significantly explain the executive compensation arrangements' adoption around M&A transactions, but that the adoption of new LTIPs is subjected to a different set of determinants than the adoption of compensation protection provisions. We interpret these results in the light of the agency, political and institutional perspectives. (shrink)

As the demand for human eggs for stem cell research increases, debate about appropriate standards for recruitment and compensation of women intensifies. In the majority of cases, the source of eggs for research is women undergoing fertility treatment requiring ovarian stimulation and egg retrieval. The principle of "just participant selection" requires that research subjects be selected from the population that stands to benefit from the research. Based on this principle, infertile women should be actively recruited to donate eggs for (...) fertility-related research only. It is unethical to exclusively or predominantly recruit infertile women to donate eggs for stem cell research that concerns general medical conditions. It is preferable to recruit women from the general population to donate eggs for such research, and these women should be viewed as healthy volunteers. To avoid exploitation, these donors should receive compensation for both the direct and indirect costs associated with their donation. (shrink)

Proceeding on a limited number of general, widely accepted equity criteria, we develop a proposal for distributing common resources. In particular, the proposed fair division mechanism is individually rational, envy-free, Pareto-efficient and satisfies the stand alone test, which follows as a minimum requirement from the resource and population monotonicity criteria. Applied to international climate policy, the thrust of this proposal is that the South should initially be fully compensated for the greenhouse gas abatement measures it is to undertake as (...) a result of efficiency considerations. (shrink)

How we look at the world is informed mainly by our assumptions and the ways in which we rationalise them. Seldom do we rely-or allow ourselves to rely-on 'gut thinking' or intuition. INTENDING THE WORLD shows how rationalism, which is our primary approach in thinking about world affairs, is in crisis. By studying the world rationalistically, we objectify it and we look at it as detached from ourselves. But in doing so, we cease to see that we are using a (...) perspective that limits as well as enlightens. In a disciplinary first, Ralph Pettman provides an account of twenty-first century international relations in terms of phenomenology-one of the main philosophical attempts to compensate for these limits. He explores how this re-embedded use of reason can successfully describe and explain world affairs in ways unused by rationalists. INTENDING THE WORLD follows the lead of the German philosopher Edmund Husserl. It looks at the world not only in terms of things-in-themselves, but also in terms of why it is we keep willing the world the way we do. (shrink)

This article engages with the question of land in South Africa based on the jubilee notion, from a decolonial theological perspective. It shifts the focus from debating the merits of ‘expropriation of land without compensation’ towards assessing the relations of power that determine and legitimate what constitutes the human relationship to the land. It argues that disruption in eco-relationality wrought by colonial-apartheid is a foundational factor of the land struggles in post-apartheid South Africa. In order to promote land justice, (...) there is a need to liberate the land from apartheid through reclaiming African and Christian notions of land as belonging to God. (shrink)

It is widely agreed that foreign sponsors of research in low- and middle-income countries (LMICs) are morally required to ensure that their research benefits the broader host community. There is no agreement, however, about how much benefit or what type of benefit research sponsors must provide, nor is there agreement about what group of people is entitled to benefit. To settle these questions, it is necessary to examine why research sponsors have an obligation to benefit the broader host community, not (...) only their subjects. Justifying this claim is not straightforward. There are three justifications for an obligation to benefit host communities that each apply to some research, but not to all. Each requires a different amount of benefit, and each requires benefit to be directed toward a different group. If research involves significant net risk to LMIC subjects, research must provide adequate benefit to people in LMICs to avoid an unjustified appeal to subjects’ altruism. If research places significant burdens on public resources, research must provide fair compensation to the community whose public resources are burdened. If research is for profit, research sponsors must contribute adequately to the upkeep of public goods from which they benefit in order to avoid the wrong of free-riding, even if their use of these public goods is not burdensome. (shrink)

The fundamental assumption of compensation for visual delays states that, since delays are dealt with, there must be compensatory mechanisms. These mechanisms are taken to be internal models. Alternatives for delay compensation exist, suggesting that this assumption may not be fundamental, and nor should the existence of internal models be assumed. Delays may even be employed in their own compensation.

In this introduction, I provide a brief overview of the main arguments defended by Avia Pasternak in her book, ‘Responsible Citizens, Non-Responsible States’ and summarise the critics she will confront from four political and legal theorists who work in the area of individual citizens’ responsibility for state wrongdoings.

The urgent need to address climate change poses a range of complex moral and practical concerns, not least because rising to the challenge will require cooperation among countries that differ greatly in their wealth, the extent of their contributions to the problem, and their vulnerability to environmental and economic shocks. This thesis by publication in the field of climate ethics aims to characterise a range of national responsibilities associated with acting on climate change (Part I), and to identify proposals for (...) fulfilling those responsibilities through fair and feasible institutional arrangements (Part II). I aim not only to address substantive gaps in scholarly understanding of those responsibilities, but also to strengthen the ability of climate ethics to engage meaningfully with climate policy. Chapter 2 addresses the question of whether wealthy countries owe a “climate debt” to poor countries. It finds that even if climate debt (suitably interpreted) may provide a coherent and morally plausible concept, its political value as a discursive frame that can provide a basis for cooperation is limited. Chapter 3 investigates the role that equity may play in negotiations on a long-term climate change agreement. It argues that developed and developing countries may reach a “principled bargain” if both converge on a way of differentiating their responsibilities that places less emphasis on a rigid dichotomy between the two groups and more emphasis on objective criteria relating to their contribution to the problem and capacity to address it. Chapter 4 explores a question largely overlooked in climate ethics, namely whether wealthy countries owe compensation to those who are adversely affected by the climate policies which they enact. I find that enacting countries have responsibilities to compensate both domestic and foreign citizens who would suffer disproportionate losses from the effects of policies. Chapter 5 assesses whether wealthy countries may legitimately adopt unilateral (or “fragmented”) rather than multilaterally coordinated approaches to raising climate finance for developing countries. It finds that coordinated target-setting, effort sharing and oversight arrangements are essential, but that a mix of unilateral and coordinated approaches to raising funds will be necessary for securing legitimacy. In Chapter 6, through addressing the broader question of what should count as official aid, I consider whether wealthy countries may draw on aid budgets to support developing countries’ efforts to address climate change. I find that the current definition of official aid should be retained but supplemented by specified exclusions from eligibility in order to preserve the aid regime’s integrity. Nevertheless, some climate finance may justifiably be counted as aid provided that concerns relating to the diversion of aid funding are addressed. In addressing these research questions, the thesis seeks not only to make original theoretical contributions to climate ethics but also to strengthen broader scholarly understanding of the ways in which ethics and international public policy may inform one another, particularly by highlighting the role of framing considerations (Chapter 2), feasibility considerations (Chapter 3), and the ways in which principles of fairness and legitimacy map onto institutional functions (Chapters 4, 5 and 6). (shrink)

On 10 December 2003, a German civil court sitting in Bonn denied the victims of a NATO air raid the right to sue Germany and claim compensation for alleged violations of international humanitarian...

In his Law of Peoples, Rawls severely restricts our duties of justice towards the global poor. Many of his critics have replied that there actually exists a global basic structure and that hence the difference principle applies on a global scale.However the shipwrecked of globalization do not contribute in any substantial way to the creation of global wealth. We show that Martha Nussbaum’s cosmopolitan solution to this problem is unsatisfactory because it ignores scarcity as one of the circumstances of justice.If (...) the marginalized of progress want to raise a claim of justice rather than appeal to our beneficence, they can only do so on the basis of a principle of compensation: their fate has been deteriorated by the development of a global economy they did not ask for. Towards the end of the article we point at some typical blind spots in the treatment of these problems in the literature on international distributive justice: the idea that development problems can be solved merely by transfers of money and the presupposition that the gulf between rich and poor is growing all the time. (shrink)

Healthcare ethics consultation has been developed, practiced, and analyzed internationally. However, only a few professional standards have evolved globally in this field that would be comparable to standards in other areas of healthcare. This article cannot compensate for this situation. It contributes to the ongoing debate on professionalization by presenting experiences with ethics consultation in Austria, though. After exploring its contexts and providing an overview of one of its primary ethics programs, the article analyzes the underlying assumptions of “ethics consultation” (...) as an essential effort on the path to professionalize ethics consultation. (shrink)

Individual soccer performance is notoriously difficult to measure due to the many contributing sub-variables and the variety of contexts within which skills must be utilised. Furthermore, performance differs across rather specialised playing positions. In research, soccer performance is often measured using combinations of, or even single, sub-variables. All too often these variables have not been validated against actual performance. Another approach is the use of proxies. In sports research, the age of athletes when winning championship medals has been used as (...) a proxy for determining their age of peak performance. In soccer, studies have used the average age of players in top European leagues or in the Champions League to determine the age of individual peak performance. Such approaches have methodological shortcomings and may underestimate the peak. We explore the use of a new proxy, the age at nomination for major individual awards, to determine the average age at peak individual soccer performance. A total of 1,981 players nominated for major awards from 1956 to 2019 were included, and a subset of 653 retired players was extracted, thus including players’ complete careers. Players’ average ages at nomination, at their first nomination, and at their last ever nomination were calculated, and differences across playing positions were calculated together with changes over time in the average age at peak. Based on our proxy, the age of individual peak soccer performance occurs around 27–28 years, varying across playing positions from 26 to 31 years. A player’s first peak, on average, seems to coincide with known peaks of physiological variables; their last-ever peak occurs long after physiological performance has started to decline, indicating that the decline can be compensated for by other variables. The peak age is higher than previously reported for soccer; however, it is similar to those in other team ball sports. The average age at peak performance has increased over time, especially in the last decade. Our approach of using proxies for unearthing information about hidden features of otherwise immeasurable complex performance appears to be viable, and such proxies may be used to validate sub-variables that measure complex behaviour. (shrink)

As a subspecies of the climate justice debate, a compelling moral case can be made that actors should receive their fair share of benefits and burdens, and more specifically, that those who benefit from the provision of public goods ought, under some circumstances, to share in the costs of their provision. The climate justice debate has paid relatively scant attention, however, to the possible adverse side-effects of climate mitigation mechanisms. The article reviews such global public goods-protecting techniques as compensation (...) payments for keeping rainforests intact, and climate engineering, for their adverse impact on human rights and biodiversity. Espousing a consequentialist ethical perspective, it calls for increased vigilance in institutionally designing and implementing climate change mitigation mechanisms, however well-intentioned these may be. (shrink)