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Global Procedural Rights And Security

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Chapter Summary

Most of the recent literature on global justice in political philosophy has focused on substantive issues. Such rights are extremely important. But there is a class of issues that have been given little attention, namely procedural rights such as the right of habeas corpus or non-refoulement at the global level. This chapter addresses this issue in the context of both human and state security in an increasingly interconnected world. It contends that procedural rights provide a moral core to any system of law, and even more so at the international level. Such procedural rights also provide at least minimalist protection concerning substantive rights as well. In this respect, the moral content of the law may very well be best exemplified in the institution of the international rule of law. Any substantive rights can be held hostage if the person who would claim these rights can be incarcerated unjustifiably.

Keywords: global justice; human security; procedural rights; state security



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