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relief and transboundary economic relations, by establishing that degree of social bond necessary to support justice. This means that global society taken as a whole may not rise in all cases to the level of community which communitarians posit, but has enough elements of community, and contains enough pockets of community, to support an inquiry into justice in at least in some areas of global social relations Global Public law If global community is emerging, at least in a limited form, then we need a global public law to structure it. This is the transformative challenge for international law and legal theory today: to move from the public law of inter-state relations, to the public law of a global community of persons. This will involve many theoretical and doctrinal task At their core, these new tasks involve a global system for safeguarding and delivering what can be called the "global basic package, a basic bundle of political social and economic rights everyone is entitled to as a function of their humanity, and which is safeguarded and delivered, at the primary level, by the global. This list can be drawn in a variety of ways, but involves at a minimum the following four elements: security subsistence, liberty, voice We see the germ of a global basic package today in international human rights law humanitarian aid. and the notion of humanitarian intervention. International law today already recognizes a core commitment to deliver basic rights, subsistence food and shelter, and some minimum level of security, as a function of our basic humanity. In We can think of global public law as the organization of the macro, the law which sets the structure of powers, duties and limits of the macro and its officers, relations of the macro to the midrange(states)and the micro(individuals), and the definition of and exercise of powers of the macro for the public good Alternatively, we can think of it as the regulatory system for delivery of global public goods. PROVIDING GLOBAL PUBLIC GOODS(KAUL, ET AL., EDS. 2003) These achievements can be seen as representing a high water mark of cosmopolitanism in contemporary international larelief and transboundary economic relations, by establishing that degree of social bond necessary to support justice. This means that global society taken as a whole may not rise in all cases to the level of community which communitarians posit, but has enough elements of community, and contains enough pockets of community, to support an inquiry into justice in at least in some areas of global social relations. IV Global Public Law If global community is emerging, at least in a limited form, then we need a global public law to structure it.23 This is the transformative challenge for international law and legal theory today: to move from the public law of inter-state relations, to the public law of a global community of persons. This will involve many theoretical and doctrinal tasks. At their core, these new tasks involve a global system for safeguarding and delivering what can be called the “global basic package,” a basic bundle of political social and economic rights everyone is entitled to as a function of their humanity, and which is safeguarded and delivered, at the primary level, by the global. This list can be drawn in a variety of ways, but involves at a minimum the following four elements: security, subsistence, liberty, voice. We see the germ of a global basic package today in international human rights law, humanitarian aid, and the notion of humanitarian intervention. International law today already recognizes a core commitment to deliver basic rights, subsistence food and shelter, and some minimum level of security, as a function of our basic humanity.24 In 23 We can think of global public law as the organization of the macro, the law which sets the structure of powers, duties and limits of the macro and its officers, relations of the macro to the midrange (states) and the micro (individuals), and the definition of and exercise of powers of the macro for the public good. Alternatively, we can think of it as the regulatory system for delivery of global public goods. PROVIDING GLOBAL PUBLIC GOODS (KAUL, ET AL., EDS. 2003). 24 These achievements can be seen as representing a high water mark of cosmopolitanism in contemporary international law. 9
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