Monday, April 27, 2020

Altwicker on Extraterritoriality from Thucydides to Grotius

Tilmann Altwicker, University of Zurich, has posted Justice Beyond Borders: Extraterritorial Obligations from Thucydides to Grotius, which is forthcoming in Rechtsphilosophie - Zeitschrift für die Grundlagen des Rechts:
The article traces the problem of extraterritorial obligations in the early history of ideas, spanning from Thucydides to Grotius. Extraterritorial obligations are defined here as moral obligations of a legitimate authority to perform or not to perform an act vis-à-vis individuals who are not its subjects. The article shows that arguments about justice beyond the border rely on transnational conceptions of the common good. In the early history of ideas concerning extraterritorial obligations, the following questions were central: Can there be a transnational meaning of moral concepts? Are extraterritorial obligations merely negative obligations? Is the extraterritorial pursuit of state interests limited by higher-ranking principles? Under which circumstances is the extraterritorial use of force permitted in order to protect individuals?
--Dan Ernst