Globalization, Violence and World Governance

Laura Westra, Ph.D. (1982) in Philosophy, University of Toronto, and Ph.D. (2005) in Law, Osgoode Hall Law School, currently teaches environmental law at the University of Windsor. She has published twenty-two monographs and collections on environmental justice and human rights issues and international law, and over 80 articles and chapters.

"This is a provocative contribution to a very current debate."Anne Peters, Universität Basel“The growing frustration with collapsing ecosystems and dysfunctional governments make it timely to search for a bold alternative. This book delivers. The analysis is compelling, the call for world governance convincing. I don’t know of anyone who brings philosophical scholarship more forcefully into international law than Laura Westra.”Klaus Bosselmann, University of Auckland

• Foreword, by Upendra BaxiAcknowledgmentsIntroduction1. Globalization and World Governance: A Preliminary DiscussionIntroduction: Understanding the Impact of GlobalizationA Preliminary Discussion of the Possibility of a World StateSome Difficulties with “World State Institutions”Teleology and Causal Explanations: The Better AlternativeFrom Biological to Social systems?Complex Systems and the Problem of SurprisesEuropean Citizenship: A Blueprint for Cosmopolitanism? Identity and DemocracyA World State Reconsidered2. Globalization as “Plunder”, “Exploitation” and “Ecoviolence”: A Causal AnalysisIntroductionChimni on a Marxist Course for International LawThe “Right to Development”?Introduction to the History of Development and International LawChimni on Sen, Development and International Law“Exploitation”: A Marxist Category?“Plunder” and Covert IllegalityFrom Economics to Biological Integrity: The Case for EcoviolenceState Responsibility for Environmental Harms and its DifficultiesEcoviolence and the Rsponsibility to ProtectSovereignty as Responsibility: The Report of the International Commission on Intervention and State Sovereignty3. Hazards, Ecoviolence and the Need for World LawIntroduction to the Possibility of New Organizations for Protection from Collective HazardsA World Environment Organization: A Better Approach to the Protection of Collective Human Rights?Some Preliminary ConsiderationsUNEO: Another Proposal for Global Environmental Governance“Employing Public Health for Global Justice”?Globalization and Public Health: The Disappearance of State Responsibility in International LawA “Lawless World” and Global Warming: Environmental Harms and Domestic LawWater as Danger and the Negative Consequences of Climate ChangeThe Kivalina Complaint and “Civil Conspiracy Allegations”Connecticut et al. v. American Electric Power et al.: New Hope in Old DoctrinesThe Parens Patriae Doctrine: An Old Principle and a Novel ApplicationThe Public Trust Doctrine: A Discussion4. Cosmopolitanism, Collective Rights and Neoliberal Democracy in ConflictIntroduction: Adopt World Governance or Modify Existing Institutions?State Sovereignty RevisitedPlan Colombia and the Indigenous Peoples of the Colombia–Ecuador Border RegionA Brief Overview of the Constitutional Protection Available for the Environment in Colombia and EcuadorThe State and Neoliberal Globalization: Democracy v. Principles and Jus Cogens NormsThe Limits of Legal Positivism for World GovernanceThe Content and Limits of Jus CogensAttacks on the Human PersonEcocrimes as Forms of Genocide: A Possible Way to Link Environmental Crimes and Jus CogensJus Cogens and Erga Omnes Obligations in Defence of the CollectiveCurrent Use of Jus Cogens: Advisory Opinion on Genocide and Bosnia-Herzegovina v. YugoslaviaThe Reality of International Law v. Cosmopolitanism5. The Right to Water: Israel v. Palestine (A Case Study)IntroductionSelf-Determination, State-Making and Collective Rights: Israel and PalestineThe Role of the United Nations and Collective Human RightsThe Influence of the Early History of the United NationsNational Protection and Religious Beliefs: Israeli Policies and the Palestinians“National Protection” and the Case of Operation Cast Lead“Water is a Human Right”: International Law v. Policies of DenialInternational Law in Palestine and the Implications of the Right to WaterThe Politics of “Plunder”Genocide or Crimes Against Humanity?Ratner’s Approach: Comparing “Evils”Crimes Against Humanity ReconsideredConclusion6. The United Nations and International Law: Is World Governance the Way Forward?Introduction: Globalization and Legal Violence—A Review of Some ProblemsNeoliberal Democracies and Human Rights: Neglected Customary Law RequirementsThe Current Responsibility of States for Human Rights“In Larger Freedom: Towards Development, Security and Human Rights for All”Aggression and Terrorism in International Law: Violence Beyond PlunderFrom 1972 to 2005: Working on an Impossible DefinitionThe Issues: Terrorism and Collective RightsGlobal Governance and the Imposition of “External Constitutions” on StatesGlobal Governance for Collective SecurityFairness in Institutions and the Role of the Security CouncilA World State? The Possibility of Global Change in GovernanceThe European Union: A Model for a World State?Cosmopolitanism and Global Change: The Need for “Dual Democracy”?ReferencesAppendix IList of CasesAppendix IIList of DocumentsIndex