Ensuring Access to Information: International Law's Contribution to Global Justice

23 Pages Posted: 22 Jan 2018 Last revised: 23 Jan 2018

See all articles by Eyal Benvenisti

Eyal Benvenisti

University of Cambridge - Lauterpacht Centre for International Law

Date Written: December 1, 2017

Abstract

This essay examines the role of international law is in promoting indirectly global (and domestic) distributive justice. This focus on institutions and processes at the global level is grounded on the assumption that questions of the just allocation and reallocation of resources are ultimately resolved through processes of public deliberation or open contestation (including through the involvement of courts). I argue that the key to approaching a more just allocation of resources is by addressing the democratic deficits that underlie the skewed distribution (or the lack of redistribution) of assets and opportunities. My claim is that international law can play a role in the political empowerment of weak constituencies (within and between states). In doing so, international law can indirectly shape the distribution and redistribution of resources, in a manner that is more dignified and preferable to handing them charitable contributions. Just like the empowerment of labor by the freedom of association, legal intervention that empowers disadvantaged communities will not only increase their bargaining power, but also enable them to function as agents rather than as charity recipients.

Keywords: International Law, Global Justice

JEL Classification: K33

Suggested Citation

Benvenisti, Eyal, Ensuring Access to Information: International Law's Contribution to Global Justice (December 1, 2017). GlobalTrust Working Paper Series 2017-09; University of Cambridge Faculty of Law Research Paper No. 17/2018. Available at SSRN: https://ssrn.com/abstract=3106885 or http://dx.doi.org/10.2139/ssrn.3106885

Eyal Benvenisti (Contact Author)

University of Cambridge - Lauterpacht Centre for International Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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