"Die Internationalisierung des Strafrechts und der sozialen Gerechtigkeit. Parallele Entwicklungen oder unterschiedliche Problemfelder?" (with Elisa Orrù).

Deutsche Zeitschrift für Philosophie 59/6 (December 2011) pp. 853-874

The idea that the capacity of the state is under strain has hardly ever received as much attention as in contemporary debates. Different voices denounce its crisis and advocate the establishment of supranational institutions with legally coercive power to address political problems of global reach, such as human rights violations, international crimes, and transnational socioeconomic justice. It is tempting to jump to the conclusion that these voices are concerned with the same cluster of problems. We think that one should resist this temptation. Firstly, not all the problems pointed out by the advocates of supranational sovereign institutions are of the same kind. Some concern the need to limit the power of states, whereas others address the almost opposite necessity to support their problem-solving capacity through forms of international regulation. Secondly, the corresponding solutions are different. In particular, although they may all imply the establishment of supranational institutions, not all such institutions need be global. The paper analyses these two differences through a comparison between international criminal justice and global socio-economic justice.


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