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are born. In the words of one commentator, " Citizenship in western liberal democracies is the modern equivalent of feudal privilege -an inherited status that greatly enhances one's life chances 27 Citizenship thus illustrates how the current society of states model of international law permits territorial boundaries to function at the global level as one of the main obstacles to delivery of a global basic package. If global community is possible, and emerging, as I have argued, then we have to re-think the discretion given states to use boundaries as primary determinants of global justice. We need to develop a model for the international delivery of the basic package- a concept of effective global citizenship if you will-in which the accident of birthplace, or the vagaries of naturalization law, do not fundamentally affect each persons life prospects In order to do so, global public law needs to tackle distributive issues both between and within states. The"society of states "model put the question of justice outside the realm of international law. Globalization means that the problem of inequality is a central problem of global social relations, in the same way it is a central problem of justice at the domestic level What should the role of the state be in a global public order? Global community demands a new view of this role, in which the state no longer holds a monopoly on the 27Joseph H. Carens, "Aliens and Citizens: The Case for Open Borders, "in KYMLICKA,THE RIGHTS OF MINORITY CULTURES (1995) 28 As things stand, there is a pernicious anomaly: free movement of capital but no free movement of persons, which could be seen as a deliberate attempt to keep labor costs from equalizing. a global economic space demands something approaching the free movement of persons, subject to some notion of carrying capacity or assimilation rate. The very idea conjures images of unsupportable mass migrations, which are not inevitable, nor are they the necessary result of changes in border policies. The primary eason for such shifts would be economic inequality, a subject which poses a central challenge to globaare born. In the words of one commentator, “Citizenship in western liberal democracies is the modern equivalent of feudal privilege – an inherited status that greatly enhances one’s life chances.”27 Citizenship thus illustrates how the current “society of states” model of international law permits territorial boundaries to function at the global level as one of the main obstacles to delivery of a global basic package. If global community is possible, and emerging, as I have argued, then we have to re-think the discretion given states to use boundaries as primary determinants of global justice.28 We need to develop a model for the international delivery of the basic package – a concept of effective global citizenship if you will – in which the accident of birthplace, or the vagaries of naturalization law, do not fundamentally affect each person’s life prospects. In order to do so, global public law needs to tackle distributive issues both between and within states. The “society of states” model put the question of justice outside the realm of international law. Globalization means that the problem of inequality is a central problem of global social relations, in the same way it is a central problem of justice at the domestic level.29 What should the role of the state be in a global public order? Global community demands a new view of this role, in which the state no longer holds a monopoly on the 27 Joseph H. Carens, “Aliens and Citizens: The Case for Open Borders,” in KYMLICKA, THE RIGHTS OF MINORITY CULTURES (1995). 28 As things stand, there is a pernicious anomaly: free movement of capital but no free movement of persons, which could be seen as a deliberate attempt to keep labor costs from equalizing. A global economic space demands something approaching the free movement of persons, subject to some notion of carrying capacity or assimilation rate. The very idea conjures images of unsupportable mass migrations, which are not inevitable, nor are they the necessary result of changes in border policies. The primary reason for such shifts would be economic inequality, a subject which poses a central challenge to global public law. 29 See generally FRANK J. GARCIA, TRADE, INEQUALITY AND JUSTICE: TOWARD A LIBERAL THEORY OF JUST TRADE (2003) (arguing a central role for inequality in contemporary international economic relations). 11
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