Today’s world is postcolonial and post-Cold War. These twin characteristics
explain why international society is also riddled with the two major forms of
injustice that Nancy Fraser identified as afflicting national societies. First, the
economic and social disparities between states caused outcry in the 1950s
when the first steps were taken towards decolonisation. These inequalities,
to which a number of emerging states now contribute, are still glaring and
still pose the problem of the gap between formal equality and true equality.
Second, international society is increasingly confronted with culture- and
identity-related claims, stretching the dividing line between equality and difference.
The less-favoured states, those that feel stigmatised, but also native
peoples, ethnic groups, minorities and women, now aspire to both legal recognition
of their equal dignity and the protection of their identities and cultures.
Some even seek reparation for injustices arising from the past violation
of their identities and the confiscation of their property or land.
In response to these two forms of claim, the subjects of international society
have come up with two types of remedy encapsulated in legal rules: the law of
development and the law of recognition. These two sets of rights are neither
wholly autonomous and individualised branches of law nor formalised sets of
rules. They are imperfect and have their dark sides. Yet, they can be seen as
the first milestones towards what might become a fairer international society;
one that is both equitable (as an answer to socio-economic injustice) and
decent (as an answer to cultural injustice).
This book explores this evolution in international society, setting it in a
historical perspective and critically examining its presuppositions and implications.