This paper examines the situation of rurally rooted cross-border migrant workers from Myanmar during the Covid-19 pandemic. It looks at the circumstances of the migrants prior to the global health emergency, before exploring possibilities for a post-pandemic future for this stratum of the working people by raising critical questions addressed to agrarian movements. It does this by focusing on the nature and dynamics of the nexus of land and labour in the context of production and social reproduction, a (...) view that in the context of rurally rooted cross-border migrant workers necessarily requires interrelated perspectives on labour, agrarian, and food justice struggles. This requires a rethinking of the role of land, not as a factor in either production or social reproduction, but as a central component in both spheres simultaneously. The question is not ‘whether’ it is necessary and desirable to forge multi-class coalitions and struggles against external capital, while not losing sight of the exploitative relations within rural communities and the household; rather, the question is ‘how’ to achieve this. It will require a messy recursive process, going back and forth between theoretical exploration and practical politics. (shrink)

Cross-border reproductive care (CBRC) can be defined as the movement from one jurisdiction to another for medically assisted reproduction (MAR). CBRC raises many ethical concerns that have been addressed extensively. However, the conclusions are still based on scarce evidence even considering the global scale of CBRC. Empirical ethics appears as a way to foster this ethical reflection on CBRC while attuning it with the experiences of its main actors. To better understand the ‘in and out’ situation of CBRC (...) in Canada, we conducted an ethnographic study taking a ‘critically applied ethics’ approach. This article presents a part of the findings of this research, obtained by data triangulation from qualitative analysis of pertinent literature, participant observation in two Canadian fertility clinics and 40 semidirected interviews. Based on participants’ perceptions, four themes emerged: (1) inconsistencies of the Canadian legal framework; (2) autonomy and the necessity to resort to CBRC; (3) safety and the management of CBRC individual risks; and (4) justice and solidarity. The interaction between these four themes highlights the problematic of ‘reproductive outsourcing’ that characterised the Canadian situation, a system where the controversial aspects of MAR are knowingly pushed outside the borders. (shrink)

In her important book Promoting Justice Across Borders, Lucia Rafanelli offers a detailed account of ‘reform interventions’, seen as ‘any deliberate attempt to promote justice in a foreign society’. Such interventions, she argues, can and should be subject to ethical evaluation, including standards relating to toleration, legitimacy, and collective self-determination. While I am sympathetic to many of Rafanelli's arguments, in this essay I will argue that, for a large number of cases this complex moral machinery is not needed, (...) because the acts in question either are, or could be, morally indifferent when looked at from the perspective of interaction between members of the international community. In particular, I argue that many market or economic interactions between states fall into this morally indifferent zone, and so need not meet the standards set out by Rafanelli to be acceptable. (shrink)

Abstract:A global market exists only because all states have chosen to converge on rules that coordinate property rights. For property rights over natural resources and products made from them, states converge on the rule of effectiveness, or might makes right. Because of effectiveness, consumers making everyday purchases like electronics, cosmetics and gasoline cannot help but support foreign authoritarians and militias. Effectiveness in the international system puts consumers into business with highly coercive actors abroad. States’ choice of effectiveness also leads to (...) their enforcing the injustices of foreign actors within their own borders, with their own justice systems. (shrink)

This introduction begins with two simple case studies that reveal a background of socio-economic complexities that hinder development. The availability of healthcare and the issue of cross-border justice are the key points to be addressed in this study. The chapters consider philosophy, economics, and bioethics in order to provide a global perspective. Two theories come into play in this book—the ideal and non-ideal—which offer insight on why and how things are done.

This article argues that there is no human right to cross borders without impediment. Receiving states, however, must recognize the procedural rights of those unable to protect their human rights in the place where they currently reside. Asylum claims must be properly investigated, and in the event that the state declines to admit them as refugees, it must ensure that the third country to which they are transferred can protect their rights. Both procedural and substantive rights apply while refugees (...) are physically present in the state’s territory and their immigration status is being investigated. The state’s obligation to protect these rights arises from the power it exercises over them. In contrast, the state does not exercise equivalent power over those it declines to admit in the first place, even though its immigration criteria – if discriminatory in the negative sense – can be faulted on other grounds. Beneath these arguments lie two basic assumptions: one is the need to separate human rights claims from other claims of justice, especially those deriving from citizenship; the other is the need to determine who bears the obligations that correspond to these rights. Attention to the different relations in which prospective immigrants may stand toward the state they hope to enter can help us understand how border regimes may comply with, or violate, human rights. (shrink)

What happens to the concept of security if legal disorder manifests itself not only as illegal behavior but also as alegal behavior—acts that challenge the very distinction between legality and illegality, as drawn by a political community? Focusing on European immigration policy, this paper examines how the distinction between illegal and alegal acts critically illuminates the relation between collective (in)security and the concept of legal (dis)order. It concludes by arguing that this distinction sheds new light on the systematic relation—and tension—between (...) security, freedom, and justice. (shrink)

There is a growing movement advocating for using closed border policies as a tool for solving the climate crisis. On this view, which I call the green border argument, fighting climate change requires drastic reductions in the global population and/or per capita greenhouse gas (GHG) emissions. However, immigration into high-income countries—particularly from low-income countries—increases per capita emissions while leaving the population untouched. Therefore, the green border theorist argues, we should limit entry into high-income countries. I explain why (...) this is a mistake and why the political left should embrace a pro climate and pro migrant politic. -/- First, the argument significantly overstates the impact of immigration on global GHG emissions. Second, the progressive green border argument is normatively incoherent. It advocates for closing borders and eliminating poverty and other rights violations in sending countries. However, given the relationship between emissions and income, this argument would require rejecting all poverty reduction strategies—a conclusion the progressive theorist wants to avoid. Third, the argument is counterproductive. An open border politic better promotes climate justice. A key reason is that high-income countries perceive immigration to be one of the most serious short- and medium- term costs of climate change. Whereas closure allows them to avoid this “cost,” open borders would force them to eliminate push factors, incentivizing global adaptation and mitigation strategies. Moreover, a closed border politic creates divisions between those affected, undermining cross-border solidarity and contributing to the perception that environmentalism is a white, middle-class movement. (shrink)

The ongoing debate on how best to regulate international commercial surrogacy defies consensus, as the most cogent normative and jurisprudential grounds for and against non-altruistic surrogacy remain controversial. This paper contributes to the debate by focusing on social justice issues arising from transnational, moneymaking surrogacy, with a focus on the Global South. It argues that existing theoretical perspectives on balancing interests, rights, privileges, and resources in the context of cross-border surrogacy—such as cosmopolitanism, communitarianism, liberal feminism, radical feminism, (...) and neorealism—are not sufficient to treat the question of justice underpinning transnational surrogacy in the Global South. An Afro-communal theory of social justice is proposed as an alternative model for addressing the shortcomings in existing global justice theories. Building on Thaddeus Metz’s construction of Afro-communal social theory and a bioethic of communion, this article reveals the fundamental nature of injustices in the Global South surrogacy foray. This approach provides prima facie grounds for making commercial surrogacy more just in the evolving global order. (shrink)

Until recently, struggles for justice proceeded against the background of a taken-for-granted frame: the bounded territorial state. With that "Westphalian" picture of political space assumed by default, the scope of justice was rarely subject to open dispute. Today, however, human-rights activists and international feminists join critics of structural adjustment and the World Trade Organization in challenging the view that justice can only be a domestic relation among fellow citizens. Targeting injustices that cut across borders, they are making (...) the scale of justice an object of explicit struggle. Inspired by these efforts, Nancy Fraser asks: What is the proper frame for theorizing justice? Faced with a plurality of competing scales, how do we know which one is truly just? In exploring these questions, Fraser revises her widely discussed theory of redistribution and recognition. She introduces a third, "political" dimension of justice—representation—and elaborates a new, reflexive type of critical theory that foregrounds injustices of "misframing." Engaging with thinkers such as Jürgen Habermas, John Rawls, Michel Foucault, and Hannah Arendt, she envisions a "postwestphalian" mapping of political space that accommodates transnational solidarity, transborder publicity, and democratic frame-setting, as well as emancipatory projects that cross borders. The result is a sustained reflection on who should count with respect to what in a globalizing world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Kinship across Borders: A Christian Ethic of Immigration by Kristin E. HeyerVictor CarmonaKinship across Borders: A Christian Ethic of Immigration By Kristin E. Heyer WASHINGTON, DC: GEORGETOWN UNIVERSITY PRESS, 2012. 198 PP. $29.95Heyer renders an important service to the discipline, which has not seen a book-length account of a Christian immigration ethic since Dana Wilbanks’s Recreating America (1996). In Kinship across Borders, Heyer provides a nuanced and comprehensive (...) theological ethical analysis of undocumented immigration and argues that “a Christian immigration ethic calls believers to promote structures and practices marked by kinship and justice” (4). To that end, she advances four distinct theses in as many chapters—interpretations of personhood, sin, family, and solidarity—each appropriating a specific resource from the Christian tradition in order to reorient immigration policies from a “paradigm centered on national interest, expediency, or economic efficiency” to one that is person centered (4). Her project challenges American Christians to reckon with their responsibility in advancing structures and furthering ideologies that sustain forced migrations, including economic refugees, in the Western Hemisphere.Chapter 1 relies on Margaret Farley’s “obligating features of person-hood”—namely, autonomy and relationality—to identify the prevailing immigration paradigm, which views immigrants as economic commodities, security threats, and/or foreigners to be assimilated (21). This paradigm reflects internalized ideologies and a series of external structures that weaken the personal agency of immigrants who, in significant ways, “are unable to [End Page 194] determine the direction their lives will take” (22). Chapter 2 turns to Catholic social encyclicals and liberation theology to develop a dialectical interpretation of personal and social sin. Heyer posits that though persons are responsible for their actions, they “remain subject to external [structural] influences” that limit the ways in which they may exercise their agency (46). She uses this idea not to accuse undocumented immigrants but rather to highlight the sinful ideological blinders that often limit American Christians’ capacity to act hospitably towards them. “Given the relationship between the United States and sending countries in geographic, economic, and political terms,” she writes, “US citizens may be willfully negligent of or indirectly responsible for the conditions that give rise to undocumented migration across their borders” (46).Chapters 3 and 4 provide robust accounts of cross-border kinship in the context of the family and globalization, with their rich visions of human relationships that break open the prevailing immigration paradigm. For example, though familismo among Latin American immigrants may lend itself to restrict women’s personal agency, it nevertheless offers an “extensive and malleable understanding of kinship networks, … [with] boundaries among members that remain fluid and transcend genetics,” thus broadening the relationships within which to flourish (82). To address global kinship, Heyer develops an account of institutional, incarnational, and conflictual solidarity that breaks free from the tendency to frame the immigration debate in the United States as a purely domestic issue that lacks meaningful global implications. Chapter 5 concludes the book by identifying implications for reorienting immigration policy and rhetoric as well as Christian ethics so that they better account for the immigrant experience by developing the necessary resources, including a more robust understanding of moral agency in the midst of marginalization.The argument is strongest in chapters 2 and 3, which develop a crisp critical analysis of the sources and insightful interpretations of often overlooked ones, including immigrants’ experiences. Furthermore, Heyer adeptly engages multiple US Hispanic theologians and Christian ethicists in ways that sharpen her argument throughout. The argument is weakest in chapter 5 because it does not fully integrate earlier insights on cross-border familial and global kinship while accounting for civic kinship. I strongly recommend Kinship across Borders for upper-level undergraduate and graduate students taking courses on Catholic social thought, Protestant social ethics, and theology and/or ethics of migration. [End Page 195]Victor CarmonaOblate School of TheologyCopyright © 2015 Society of Christian Ethics... (shrink)

External economic aid has played an important role in Northern Ireland’s peacebuilding process, particularly by funding community-based intervention projects.As a consequence of the Troubles, Northern Ireland suffered from severe socioeconomic inequality. These locally funded projects have fostered social cohesion by encouraging cross community interaction aimed at reducing violence and sectarianism. The NGO projects also promote social justice, reduce inequality, and provide the means to meet people’s basic human needs. The field research for this article was conducted during the (...) summer of 2010 and explores the perceptions of 120 civil society leaders and funding agency development officers on the effectiveness of the aid from the IFI and EU Peace III Fund in creating local social-economic NGOs to promote equity, equality, and social justice. The findings of this study reveal significant diversity in the respondents’ descriptions of the aids’s role in promoting equality, equity, and social justice as well as their expressed hopes and frustrations regarding its overall effectiveness. (shrink)

Philosophical theorizing about global justice has evolved into a flourishing, sophisticated, and respectable field. This was not the case about two decades ago and O’Neill’s pioneering work on these topics has been highly influential in these welcome developments. In this paper I aim to review the important role agency, need, and vulnerability play in O’Neill’s normative theorizing, as well as the importance she places on being able to allocate responsibilities, in evaluating how porous borders should be to persons who (...) want to cross them permanently. Some of the most important questions needing resolution in political philosophy today include how to distribute responsibilities for moving towards global justice. Just how difficult this is will soon become obvious. I discuss a case study which helpfully illustrates some of the complexity. It also provides an interesting challenge for O’Neill’s work. As I show, focusing on vulnerabilities gives us a richer understanding of the nature of our ethical and political obligations in a world characterized by multiple injustices. But it also adds more challenges in our quest to assign responsibility fairly. (shrink)

This article explores the implications of cross-border migration for social work's normative commitment to social justice. Specifically, it interrogates Nancy Fraser's conceptualisation of social justice in guiding social work practice with refugees. The paper is grounded in an ethnographic study conducted from 2008 to 2009 in a South African church which had provided shelter to a group of refugees following their displacement by an outbreak of xenophobic violence. The study's findings reveal that various kinds of misframing (...) created multiple forms of voicelessness amongst its foreign participants. These filtered out to justify, perpetuate and deepen other types of injustice, particularly misrecognition and maldistribution. There was some evidence of resistance, solidarity, recognition and small acts of redistribution. However, such positive practices proved difficult to sustain. The paper confirms the central importance of the notion of misframing for conceptualising and responding to social injustice in the absence of citizenship?as required of practitioners in the field of social work with refugees and indeed other groups rendered vulnerable within current economic, social, political and cultural constellations. In this regard, Fraser's contribution looks set to enrich social work's commitment to social justice both in normative and practical terms. (shrink)

Calls to expand temporary work programmes come from two directions. First, as global justice advocates observe, every year thousands of poor migrants cross borders in search of better opportunities, often in the form of improved employment opportunities. As a result, international organizations now lobby in favour of expanding ‘guest-work’ opportunities, that is, opportunities for citizens of poorer countries to migrate temporarily to wealthier countries to fill labour shortages. Second, temporary work programmes permit domestic governments to respond to two (...) internal, contradictory political pressures: (1) to fill labour shortages and (2) to do so without increasing rates of permanent migration. Temporary work programmes permit governments to appear ‘tough’ on migration, while responding to employer pressure to locate workers willing to work in low-skilled, poorly remunerated positions. The coincidence of national self-interest and global justice generates a strong case in favour of expanding guest-work. We evaluate the moral benefits and burdens of expanding guest-work opportunities, and conclude that although there are benefits to be gleaned from the perspective of global wealth redistribution, at present, temporary work programmes are generally unjust. We will argue that just temporary work programmes, in time, permit temporary workers to attain citizenship. This spells the end of traditional temporary work programmes, which require that workers return to their home country in time; instead, what is temporary is the employment obligation that must be fulfilled as a requirement to access citizenship. As long as this requirement is met, we endorse guest-work programmes as a tool to respond to global inequality. (shrink)

Reproductive tourism is a manifestation of a larger, more inclusive trend toward globalization of capitalist cultural and material economies. This paper discusses the development of cross-border assisted reproduction within the globalized economy, transnational and local structural processes that influence the trade, social relations intersecting it, and implications for the healthcare systems affected. I focus on prevailing gender structures embedded in the cross-border trade and their intersection with other social and economic structures that reflect and impact globalization. (...) I apply a social connection model of responsibility for unjust outcomes and consider strategies to counter structural injustices embedded in this industry. The concluding section discusses policy reforms and proposals for collaborative action to preclude further injustices and extend full human rights to all. (shrink)

Income redistribution and insurance are core functions of welfare states. What role should the EU play in this domain? I examine the purchase of normative theorizing on social justice on this question, focusing on the contrast between three models of EU involvement: the EU as Support, which implies the sharing of resources through intergovernmental transfers; the EU as Provider, which implies EU cross‐border transfers towards individual citizens; the EU as Norm‐setter, which implies that the EU formulates normative (...) policy ideals. I review different accounts of justice for the EU and how they bear on the choice between these models of EU involvement. Conceptions of “background justice” have some purchase in a debate on the EU's role, but that purchase is limited. They need to be complemented by shared conceptions of domestic justice and a degree of moral cosmopolitanism. I argue that a “European Social Union” should be a Support and Norm‐setter in the realm of insurance and redistribution. Through the establishment of interstate insurance, it would be a true “insurance union.” It would engage in interstate redistribution, but there are no compelling reasons of justice for it to become a direct Provider of insurance or redistribution towards individual citizens. (shrink)

In recent years, scholars and researchers have discovered a new trend in the migration of unauthorized people into the United States: while the total numbers of unaccompanied migrant children crossing the border have grown exponentially in the past few years, human rights violations against migrant women have also increased significantly. This unfortunate trend is not unrelated to the intensifying border militarization and the criminalization of all unauthorized migrants. This paper attempts to provide an ethical solution to the political (...) conundrum of undocumented migration by engaging a critical discourse with major feminist theorists of justice, including Seyla Benhabib, Martha Nussbaum, Iris Marion Young, and Onora O'Neill. I develop an argument in the paper that the US government's political appropriation of forgiveness is the most justifiable and practical solution for resolving the precarious situation of undocumented migrant women and children. (shrink)

The legal regime regulating cross-border investment gives key rights to foreign investors and places significant duties on states hosting that investment. It also raises distinctive moral questions due to its potential to constrain a state’s ability to manage its economy and protect its people. Yet international investment law remains virtually untouched as a subject of philosophical inquiry. The questions of international political morality surrounding investment rules can be mapped through the lens of two critiques of the law – (...) that it systemically takes advantage of the global South and that it constrains the policy choices of states hosting investment. Each critique contains certain moral and empirical assumptions that deserve further attention. The distributive justice implications of international investment rules are also relevant to scholars of global distributive justice. The aim of the analysis is to develop an interdisciplinary agenda – among law, philosophy, and social science – for inquiry into the justice of investment law and reform of its unjust elements. (shrink)

In the last seven years, close to twenty thousand people have died trying to reach Europe by crossing the Mediterranean Sea. Rescue missions by private actors and NGOs have increased because both national measures and measures by the EU’s border control agency, Frontex, are often deemed insufficient. However, such independent rescue missions face increasing persecution from national governments, Italy being one example. This raises the question of how potential migrants and dissenting citizens should act towards the EU border (...) regime. In contrast to the literature, which mainly addresses migration on the basis of justice requirements, this article focuses on the legitimate authority of the EU’s border regime. Focusing on the legitimacy criteria for states’ claims to regulate migration opens a fruitful normative perspective, given the pervasive disagreement over the content of justice in migration. What reasons for compliance and non-interference does legitimacy supply for potential immigrants and dissenting citizens? And what legitimacy standard may be appropriate for the power that individual states claim over potential immigrants? We argue that, even assuming a minimal legitimacy standard for the state-migrant relationship, the structure of the EU’s border regime exhibits unique features, which cause it to stand in tension with such a standard. By coordinating its Member States’ border regimes, especially through Frontex, the EU claims and exercises power over potential immigrants. However, the asymmetrical delegation of state powers to the EU means that the power involved in regulating European borders is, in core respects, unaccountable. This unaccountability, we argue, is significant for the legitimacy of the EU’s border regime. This article sheds new light on the morality of unauthorised rescue missions by assessing the permissibility of resistance to the EU’s border regime. (shrink)

Many political philosophers argue that a principle of ‘fair equality of opportunity’ ought to extend beyond national borders. I agree that there is a place for FEO in a theory of global justice. However, I think that the idea of cross-border FEO is indeterminate between three different principles. Part of my work in this paper is methodological: I identify three different principles of cross-border fair equality of opportunity and I distinguish them from each other. The (...) other part of my work in this paper is normative: I argue that we should endorse only two of the three principles of cross-border fair equality of opportunity and that we shouldreject the third. Importantly, I think that we should reject the one version of transnational fair equality of opportunity that most advocates of such a principle appear to endorse. (shrink)

This chapter canvasses the debate between John Rawls and his cosmopolitan critics over the demands of economic justice that arise beyond state borders. In particular, it examines the merits of four defenses of the position Rawls advances in The Law of Peoples that justice does not call for a cross-society egalitarian distributive principle: first, that such a principle would fail to hold states responsible for their economic position; second, that because societies do not have a fundamental interest (...) in wealth, they would not favor such a principle; third, that satisfying such a principle would not be feasible; and, fourth, that appeal to Rawls's constructivist methodology can explain why the egalitarian principles he takes to be suited for the state context are not suited for the international context. The chapter concludes that upon careful examination, none of these defenses succeed in plausibly motivating Rawls's rejection of global egalitarianism. (shrink)

The primary objective of this anthology is to make intergenerational justice an issue for intercultural philosophy, and, conversely, to allow the latter to enrich the former. In times of large-scale environmental destabilization, fair- ness between generations is an urgent issue of justice across time, but it is also a global issue of justice across geographical and nation-state borders. This means that the future generations envisioned by the currently living also cross these borders. Thus, different philosophical cultures (...) and traditions of thought should converse to re ect on what is fair to future people. In the remainder of this introduction, we will detail these claims and give an overview of the volume’s chapters. (shrink)

"What does it really mean to "be undocumented," particularly in the contemporary United States? Political philosophers, policymakers and others often define the term "undocumented migrant" legalistically-that is, in terms of lacking legal authorization to live and work in one's current country of residence. Socially Undocumented: Identity and Immigration Justice challenges such a pure "legalistic understanding" by arguing that being undocumented should not always be conceptualized along such lines. To be socially undocumented, it argues, is to possess a real, visible, (...) and embodied social identity that does not always track one's actual legal status in the United States. By integrating a descriptive/phenomenological account of socially undocumented identity with a normative/political account of how the oppression with which it is associated ought to be dealt with as a matter of social justice, this book offers a new vision of immigration ethics. It addresses concrete ethical challenges associated with immigration, such as the question of whether open borders are morally required, the militarization of the Mexico-U.S. border, the perilous journey that many Mexican and Central American migrants undertake to get to the United States, the difficult experiences of many socially undocumented women who cross U.S. borders to seek prenatal care while visibly pregnant, and more"--. (shrink)

In 2015 the United Kingdom (UK) became the first nation to legalize egg and zygotic nuclear transfer procedures using mitochondrial replacement techniques (MRTs) to prevent the maternal transmission of serious mitochondrial DNA diseases to offspring. These techniques are a form of human germline genetic modification and can happen intentionally if female embryos are selected during the MRT clinical process, either through sperm selection or preimplantation genetic diagnosis (PGD). In the same year, an MRT was performed by a United States (U.S.)-based (...) physician team. This experiment involved a cross-border effort: the MRT procedure per se was carried out in the US, and the embryo transfer in Mexico. The authors examine the ethics of MRTs from the standpoint of genetic relatedness and gender implications, in places that lack adequate laws and regulation regarding assisted reproduction. Then, we briefly examine whether MRTs can be justified as a reproductive option in the US and Mexico, after reassessing their legalization in the UK. We contend that morally inadequate and ineffective regulations regarding egg donation, PGD, and germline genetic modifications jeopardize the ethical acceptability of the implementation of MRTs, suggesting that MRTs are currently difficult to justify in the US and Mexico. In addition to relevant regulation, the initiation and appropriate use of MRTs in a country require a child-centered follow-up policy and more evidence for its safety. (shrink)

Language use is a public good. Those using a common language receive benefits that are non-excludable and non-rival. And as more people speak the same language, the greater these benefits are. Sometimes individuals make a conscious decision to learn a language other than their native language in order to receive these benefits, and thereby incur costs. This paper is an attempt to determine how we should share the costs among all beneficiaries. I argue against Van Parijs’s proposal for this, and (...) instead argue that an approach found in the work of Gauthier is preferable. A general lesson to be drawn from this paper is that the correct principle for distributing the costs of public goods will depend on whether we think the good in question is required by justice or not. Where Van Parijs went wrong, I claim, was in thinking that a cross-border common language is required by justice. (shrink)

One of the areas of concern raised by cross-border reproductive travel regards the treatment of women who are solicited to provide their ova or surrogacy services to foreign consumers. This is particularly troublesome in the context of developing countries where endemic poverty and low standards for both medical care and informed consent may place these women at risk of exploitation and harm. We explore two contrasting proposals for policy development regarding the industry, both of which seek to promote (...) ethical outcomes and social justice: While one proposal advocates efforts to minimize cross-border demand for female reproductive resources through the pursuit of national self-sufficiency, the other defends cross-border trade as a means for meeting the needs of vulnerable groups. Despite the conflicting objectives of the proposed strategies, the paper identifies common values and points of agreement between the two, including the importance of regulations to safeguard those providing ova or surrogacy services. (shrink)

Abstract: In this essay a set of principles is defended that yields a determinate allocation of sovereign competences across a global system of territorially nested jurisdictions. All local sovereign competences are constrained by a universal, justiciable human rights regime that also incorporates a conception of cross-border distributive justice and regulates the competence to control immigration for a given territory. Subject to human rights constraints, sovereign competences are allocated according to a conception of global democracy. The proposed allocation (...) scheme can accommodate substantial local autonomy while at the same time ensuring that everyone has a voice in the political decisions that affect his or her interests. The relevant class of affected interests is fully specified. Relevant affects are of two kinds: those that impose norms of governance on individuals, and those that impose external costs on them. The favored sense of "an external cost" is developed and defended. (shrink)

Democracy is assumed to require the equal political inclusion of denizens, as sustained political inequalities between members of society seemingly undermine the democratic ideal of equal freedom. This assumption is prominently expressed by Walzer’s Principle of Political Justice, according to which democratic institutions must attribute equal political rights to denizens in order to sustain their equal protection from domination and the recognition required for free agency. This paper rejects this influential assumption. We argue that denizenship constitutes a social position (...) in which equal freedom can be enjoyed without political inclusion on equal terms to citizens. Many denizens are citizens somewhere else, and enjoy status, rights, and protections in virtue of their external citizenship, which can protect them from domination and provide them with the recognitional basis of self-respect. The cross-border relationships between denizens and their home country, as well as between the host country and the home country, must therefore be considered when evaluating claims to political inclusion. Accepting the democratic legitimacy of the partial political inclusion of denizens allows us to focus on the most pressing political claims, such as those of refugees and stateless persons. Partial inclusion schemes can also make less restrictive immigration policies more rational and desirable for citizens. (shrink)

Crossing Borders: Essays In Honour of Ian H. Angus is a collection of original and cutting-edge essays by eighteen outstanding and diverse Canadian and International scholars that engage with Professor Ian Angus's rich contributions to three distinct, albeit overlapping, fields: Canadian Studies, Phenomenology and Critical Theory, and Communication and Media Studies. These contributions are distinct, unique, and have had resonance across the intellectual landscape over the thirty years that Angus has been teaching communications, philosophy, Canadian Studies, theory, and humanities first (...) in the United States and then in Canada. (shrink)

The 2004 Canadian Assisted Human Reproduction Act bans commercial contract pregnancy and egg provision, but Canadians undertake cross-border reproductive travel to access these services. Feminist bioethicists have argued that the ethical justification for enforcing the ban domestically, namely exploitation, grounds its extraterritorial enforcement. I raise an additional problem when Global Southern or low-income countries are destinations for travel: neocolonialism. Further, I argue that a ban on commercialized reproduction is problematic. Although well-suited to address neocolonial forces of exploitation and (...) commodification, a ban reinforces neocolonialism by paying insufficient attention to the agency of gestational laborers and egg providers. (shrink)

Over the last generation, the womanist idea--and the tradition blooming around it--has emerged as an important response to separatism, domination, and oppression. Gary L. Lemons gathers a diverse group of writers to discuss their scholarly and personal experiences with the womanist spirit of women of color feminisms. Feminist and womanist-identified educators, students, performers, and poets model the powerful ways that crossing borders of race, gender, class, sexuality, and nation-state affiliation(s) expands one's existence. At the same time, they bear witness to (...) how the self-liberating theory and practice of women of color feminism changes one's life. Throughout, the essayists come together to promote an unwavering vein of activist comradeship capable of building political alliances dedicated to liberty and social justice. Contributors: M. Jacqui Alexander, Dora Arreola, Andrea Assaf, Kendra N. Bryant, Rudolph P. Byrd, Atika Chaudhary, Paul T. Corrigan, Fanni V. Green, Beverly Guy-Sheftall, Susan Hoeller, Ylce Irizarry, M. Thandabantu Iverson, Gary L. Lemons, Layli Maparyan, and Erica C. Sutherlin. (shrink)

The Turkish-language release of Hanne Blank's Virgin: The Untouched History is a politically engaged translation aimed at disrupting Turkey's heteropatriarchal virginity codes. In Virgin Crossing Borders, Emek Ergun maps how she crafted her rendering of the text and draws on her experience and the book's impact to investigate the interventionist power of feminist translation. Ergun's comparative framework reveals translation's potential to facilitate cross-border flows of feminist theories, empower feminist interventions, connect feminist activists across differences and divides, and forge (...) transnational feminist solidarities. As she considers hopeful and woeful pictures of border crossings, Ergun invites readers to revise their views of translation's role in transnational feminism and examine their own potential as ethically and politically responsible agents willing to search for new meanings. Sophisticated and compelling, Virgin Crossing Borders reveals translation's vital role in exchanges of feminist theories, stories, and knowledge. (shrink)

As cross-border trade and cross-border financing continue to increase while security rights over tangible property are governed by the law of the place where the moveable is situated, comparative knowledge of national secured transactions law is crucial for everyone using security rights over tangibles in a cross-border context. This book provides an in-depth examination of the key issues that arise when security rights are created, perfected and enforced in different European countries. Authored by experts (...) on German, English, Dutch, French, Belgian, Italian and Spanish law, the national reports use practical cases and highlight differences and similarities. A special focus is placed on the way in which national courts deal with security interests created elsewhere. A comprehensive introductory chapter analyzes significant secured transactions issues, summarises the comparative data and compares them with Art. 9 of the Uniform Commercial Code and suggests guiding principles for a European harmonization measure or national reform efforts. The book will assist market participants and their counsel to better understand secured transactions law and relevant private international law rules of their own and other countries and assist those involved in national, EU and global law reform efforts. (shrink)

In Cosmopolitan Theology, author Namsoon Kang proposes a theology that embraces and at the same time moves beyond collective identity position and group-based allegiances. It crosses borders of gender, race, nationality, religion, ethnicity, sexuality, and ability. Kang offers a vision of a global community of radical inclusion, solidarity, and deep compassion and justice for others. Blending theology with philosophy, she crosses borders of academism and activism, and the discursive borders of modernism, postmodernism, feminism, and postcolonialism. Cosmopolitan Theology sheds a (...) new light both in academia and the community of Christian believers by providing a public relevance of Jesus' teaching of neighbor-love, hospitality, and solidarity in our world today. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Crossing Borders: Love between Women in Medieval French and Arabic LiteraturesCary Howie (bio)Sahar Amer, Crossing Borders: Love between Women in Medieval French and Arabic Literatures. Philadelphia: U of Pennsylvania P, 2008, xii + 254 pp.Sahar Amer’s Crossing Borders adds to the expanding bibliography on medieval sexualities by showing the resonances between certain female same-sex relationships in medieval French literature and analogous, though generally more explicit, relationships between women (...) in the medieval Arabic tradition. In the process, sexuality becomes a way of talking about the porous boundaries that constitute the field of Old French, and perhaps even Western, literature as such.Amer’s book couldn’t have arrived at a better time, as Sarkozy’s French government once again, in the name of French values, intervenes in the debates around religion and clothing in the public sphere, debates in which the old divides between France and its constitutive others—in this case, certain kinds of Islam and certain kinds of women— have once again come to the fore. By proposing that “medieval French writing is essentially a hybrid, cross-cultural project” (163), Amer contributes not just to the emerging sense of the Middle Ages’ postcoloniality (as articulated by Jeffrey Jerome Cohen and Sharon Kinoshita, among others) but also to the work being done by intellectual historians and cultural theorists such as Joan Scott and Diane Rubenstein on the fantastic investments that take place within and around French universalism (which could be said to inform the idea of the literary no less than the idea of the citizen).Crossing Borders begins with the notion of borders as “fluid spaces of cultural exchange, adaptation, and collaboration” (ix), and it is the emphasis on a more general sense of cultural exchange, more than the fact of borders per se, that will permeate the chapters that follow. (In fact, the border, like “the lesbian,” Amer’s polemical term of choice for the women she describes, may be important for her argument precisely insofar as it resists visibility, as it remains to some extent difficult to locate.) Amer’s reading of Old French texts, in dialogue with a handful of medieval Arabic narratives and erotic compilations, proceeds from an understanding of medieval culture in which there is “a continuity rather than a rupture between medieval and modern conceptions of alternative [End Page 156] sexualities” (9), and in which it is possible to argue for influences that are tough, if not impossible, to trace empirically. According to this logic, ideas and stories may have circulated “next to” more tangible material goods taken to and from the Arab Islamicate world (13), and French authors may have “culled some elements from Arabic material and wove[n] them into a literary fabric to suit their audience’s sensibilities” (163). This attentiveness to what “may have” happened (e.g., 44, 110) is one of the signature gestures of Amer’s critical poetics, which I am tempted to describe as an imaginative historicism, committed at once to the explanatory power of historical context and to what Amer will repeatedly call the “imagination of the audience” (e.g., 79).After an initial chapter outlining this “cross-cultural” poetics of contextualization and imaginative investment, chapter 2, “Crossing Linguistic Borders,” is dedicated to seven stanzas of a late twelfth-century poem, Étienne de Fougères’s Livre des manières, in which a long description is given of women who go “against Nature” by “join[ing] shield to shield without a lance” (32). Amer reads these military metaphors for female homoeroticism in light of Arabic sources including, for example, al-Jurjani’s eleventh-century Anthology of Metonymic Devices, in which one of the cited commonplaces observes, “They [lesbians] manifest a war in which there is no spear-thrusting” (36). Most provocatively, Amer argues for the Arabic provenance of two otherwise untranslatable words in Étienne’s text, “trutennes,” which she traces to an Arabic root meaning “the mons of the beloved” (40), and “eu,” which she interprets as an orgasmic onomatopoeia. From mons to moans, the “medieval French literary lesbian” is a condensation of forms and fantasies—and noises—that come from before and beyond medieval France. In fact, the... (shrink)

Barrierefreiheit is a key term in the German inclusion movement, in education and more generally. Sometimes translated as ‘accessibility’, it refers not just to absence of barriers but to freedom from barriers, which in turn indicates a significant social and ethical component. It signals an active, conscious intervention by agents, a consequence of agentic commitment towards crossing borders and overcoming boundaries. In this regard, this article seeks to provide an epistemological analysis and illustration of what ‘inclusive’, ‘barrier-free’ education means, by (...) examining three ideas within social epistemology: epistemological access, epistemic paternalism and epistemic justice. In so doing, it articulates a position that might be called ‘context-sensitive realism’, which cautions against not only constructivist theoretical leanings but also the anti-individualism that characterises a substantial portion of the inclusive education literature. (shrink)

Human trafficking is both a human rights violation and the fastest growing criminal industry in the world. This article examines cross-border trafficking of girls and women in Nepal to India. It gives a brief explanation of what is meant by trafficking and then looks at the reasons behind trafficking. In Nepal, women and children are trafficked internally and to India and the Middle East for commercial sexual exploitation or forced marriage, as well as to India and within the (...) country for involuntary servitude as child soldiers, domestic servants, circus entertainment, and factory workers. Nepal and India are both signatories to international conventions and bound by domestic law to combat trafficking, and yet, this scourge continues. There are many laws in place, both in Nepal and India, which regulate the trafficking and prostituting of girls and women. This article looks at how effective these laws and regulations actually are and will look at the reasons for the continuation of trafficking. Despite the formal recognition of girl trafficking as a major problem and the existence of laws to curtail it, trafficking continues. The major problem with Nepal’s and India’s domestic laws is in the lack of enforcement. Finally, this article will look at ways to fight trafficking and make the governments of India and Nepal more effective in their fight against trafficking. (shrink)

This paper discusses cross-border projects and their respective social representations to local groups. We present as a case study the boatmen who pilot their boats between Brazil and France on the construction of the Binational Bridge. Catraieiros are currently responsible for much of the logistics between Amapá and French Guiana. Our theoretical framework is based on the literature on Regional Integration and Social Representation. We applied interviews to one third of the catraieiros. We concluded that in the Subject-Representation-Object (...) relationship, the group that understood itself as responsible for the dialogue between two cities built a negative and threatening representation on the Bridge. (shrink)

We examine the effect of the cross-border merger and acquisition (M&A) activities of Chinese firms on their corporate social responsibility (CSR) performance. We find that Chinese acquirers significantly increase CSR performance and CSR spending following cross-border M&As. The legal origins and social norms of host countries are found to positively affect the acquirers’ CSR performance and CSR spending in the post-M&A period. The results are consistent with Chinese acquirers signaling their commitment toward CSR through cross- (...) class='Hi'>border M&As to respond to diverse stakeholder demands and strengthen corporate reputation. We also provide evidence that Chinese firms’ knowledge acquisition through cross-border M&As boosts green innovation. In addition, we show that the financial performance of Chinese acquirers does not suffer in the long term, indicating that strategic CSR investments can be integrated with other corporate investment activities. Our study demonstrates how cross-border M&As affect stakeholder value beyond value for shareholders. (shrink)

If human rights express the equal claim of every person to the recognition and protection of their vital interests, they necessarily assert universal obligations of justice that cross borders. Sharon Anderson-Gold asks here whether there is a normative consensus on human rights and articulates the role of a cosmopolitan or global community in shaping the theory and practice of international politics. She considers several important works in the field of universal human rights and discusses whether a cosmopolitan system (...) of law is a necessary condition for the stable association of nation states. _Cosmopolitanism and Human Rights_ presents an ethical foundation for the idea of human development and attempts to demonstrate the normative character of universal human rights. It claims that Kant's idea of a federation of nations based upon principles of international right remains highly relevant to contemporary aspirations for global justice, and concludes by suggesting that a ‘cosmopolitan community’ is the locus of a global democratic order and is the necessary framework for the maintenance of human rights. (shrink)

Frequent and open interaction between venture capitalists and entrepreneurs is necessary for venture capital investments to occur. Increasingly, these investments are made across jurisdictions. The vast majority of these cross-border investments are carried out in a syndicate of two or more VCs, indicating the effects of intra-industry networks needing further analysis. Using China as a model, we provide a novel multidimensional framework to explain cross-border investments in innovative ventures across developed and emerging economies. By analyzing a (...) unique international dataset, we examine worldwide venture capital investment flows from 2000–2012 and consider the effects of geographical, cultural, and institutional proximity as well as institutional and relational trust. We find trust to mitigate the negative effects of geographical and cultural distance, where institutional trust is more relevant for investments in emerging economies, and relational trust is more relevant for investments in developed economies. (shrink)

The era of globalization has been accompanied by an increased awareness of private wrongs as well as acceleration of many forms of cross-border labor exploitation. The essay explores how refined distinctions between forced and free sex work could improve anti-trafficking policies. It addresses the understudied linkages between other forms of migration and sexual exploitation and suggests a triage approach to all forms of labor exploitation—based on harms rather than type of labor or victim. A better understanding of freedom, (...) sex, and development will allow us to expand a human rights approach to these private wrongs. The best anti-trafficking policy is one of universal, indivisible human rights. Victims of sexual exploitation need the same things as all migrants and all workers—recognition, monitoring, resources, access to justice, and organization. (shrink)

When conducting interart studies, difficulty arises comparing art forms due to differences in discourse between genres. The problem becomes compounded when certain art works extend their mode of communication beyond the boundaries of their genre. Interpreting such works tends to result in subjectivist readings that cannot be justified according to any predetermined analytical model. Rather than negating the subjective response, this article proposes that an artwork is realized within the mind. In examining critical responses to Caravaggio’s painting ‘Beheading of St. (...) John the Baptist’ and Beckett’s play ‘Not I’ according to a cognitive aesthetic, one discovers a rationale for considering the painting as stimulating a feeling of motion while the play evokes a feeling of stasis, contrary to their respective genres. (shrink)

In this article, I examine reproductive travel for sex selection with reference to two distinct technologies—MicroSort and preimplantation genetic diagnosis. Available since the 1990s for sex-linked disease avoidance, I focus here on their imbrication in an emerging global form of nonmedical, lifestyle sex selection that elicits movements of information, biomaterial, patients, providers, and equipment across borders. This web of cross-border, interclinical, and laboratory transactions raises issues highly relevant to a feminist approach to the bioethics of sex selection. International (...) documents, however, have yet to account for their implication in an increasingly stratified system of global sex selection practices. (shrink)

This chapter introduces and discusses the concepts that are in-depth articulated in the volume. International migration is presented here as a test bench where the normative limits of institutional order, its contradictions and internal tensions are examined. Migrations allows to call into question classical political categories and models. Pointing at walls and fences as tools that reproduce enormous inequalities within the globalized neo-liberal system, this chapter presents the conceptual tensions and contradictions between migration policies and global justice. We challenge (...) the conceptualization of justice as a relationship between citizens of the same country and the State and argue that, in our globalized world, nation-state cannot constitute the basic unit of the theories of justice. We argue that an integral approach that includes the complex and interconnected forms of structural inequalities and transcends the borders of national sovereign states is required. Avoiding the methodological nationalism and the exclusionary biases that inform current migration and border control policies, this chapter finally places attention on the most marginalized subjects of the migration chain: migrant women workers. We point out the importance of addressing transnational structural inequalities and bringing social reproduction to the center of global justice theories. (shrink)

Loren Lomasky is a leading advocate of a rights-based libertarian approach to political and social issues. This volume collects fifteen of his articles that have appeared since his influential volume Persons, Rights, and the Moral Community alongside one new essay. The volume represents Lomasky's more recent efforts at constructing the underpinnings of liberal rights theory, in which he formulates a series of questions about the nature and scope of rights and rights holders.Among the questions Lomasky addresses: In what way is (...) classical utilitarianism fundamentally illiberal? To what extent might utilitarian cost-benefit analyses be admissible within rights-upholding political theory? Does it even make sense to speak of maximizing liberty? How can this be understood in Hobbesian, Kantian, and Rawlsian theoretical settings? In a world in which rights-talk is ubiquitous, what is the role of traditional virtues such as loyalty and charity? Is it inconsistent to espouse both an austere classical liberalism and a social safety net? Liberalism is most often presented as a theory about the internal contours of the state, but how does it speak to the relationships between one state and another? Between the state and would-be immigrants? In a world displaying massive cross-border inequalities, does justice require the extension of aid from the rich to the poor? The book opens with an unpublished essay, "Everything Old is New Again: The Death and Rebirth of Classical Liberalism," which features a history of the century-long decline of traditional liberalism and its remarkable, unanticipated return to vitality in the second half of the 20th century. It then offers the prospectus for a libertarian research program for the next half century. (shrink)

RESUMO: No centro da filosofia de Kwame A. Appiah encontra-se a questão da identidade. Partindo do conceito da liberdade de Mill, ele considera a criação de uma identidade pessoal, no sentido de individualidade particular, uma tarefa permanente - como projeto individual. Nesse contexto, os planos de vida não devem ser concebidos como genericamente rigorosos, mas sim incoerentes e muitas vezes mutantes. Com isso, a identidade não se deve entender como algo fixo e cerrado, porém, como uma espécie de mosaico de (...) vários elementos que se encontram em reprogramação contínua - como formação híbrida. A construção da identidade encerra a narração de histórias de vida, tanto individual como coletiva. Os respectivos elementos podem recorrer a diferentes experiências transculturais, consoante a história coletiva e a história de vida do indivíduo. Assim, a transculturalidade é importante, não só para identidades coletivas, como também sempre em nível de identidade pessoal. O filósofo africano Achille Mbembe alude ao nomadismo do ser humano e à imersão e dispersão culturais associadas que se deixam ler como processos da transculturalidade. Na arte africana contemporânea, esses processos da formação da identidade refletem-se no transcultural. Como exemplos, devem ser apresentados os artistas Edson Chagas, Kehinde Wiley, Yinka Shonibare e Romuald Hazoumè, com obras selecionadas.ABSTRACT: The issue of identity is at the heart of Kwame Appiah's philosophy. Taking Mill's concept of liberty as his starting point, he views the development of a personal identity in the sense of a particular individuality as an ongoing task - as an individual project. In this context, life plans should not be understood as strictly linear but rather as disparate and continuously changing. Identity is thus not something which is fixed and closed but rather similar to a mosaic, consisting of various elements which are always shifting - a hybrid entity. The construction of identity includes the telling of life stories, both of a collective and of a personal nature. When doing so, each element may refer to diverse, transcultural experiences in keeping with the history of the collective and the life story of the individual. Transculturality is thus of significance not only for collective identities but also always on the level of personal identity. The African philosopher Achille Mbembe speaks of human nomadism and the associated cultural immersion and dispersion, which can be interpreted as transcultural processes. These processes of identity formation are reflected in the transculturality of contemporary African art. Selected works of artists Edson Chargas, Kehinde Wiley, Yinka Shonibare and Romuald Hazoumè will be presented as examples of this. (shrink)