International and domestic law offer a study in contrasts: States' legal obligations often depend on their consent to specific international legal norms, whereas domestic law applies to individuals with or without their consent; enforcement in international law is weak and, for many international treaties, non‐existent, whereas states spend considerable resources to create centralized coercive enforcement mechanisms; and international law is characterized by much less institutional differentiation and specialization of functions than domestic legal systems are. These differences have invited a number (...) of skeptical challenges to international law, 3 of which we explore in this essay. The first points to 1 or more of the deviations of international law's institutional structure from that of a modern state's legal system as a basis for denying that international law is really “law.” Central to the debates over international law's status as law are concerns about whether and why the concepts of law inherited from domestic legal systems should serve as the blueprint for theorizing law in general and international law in particular. The second skeptical challenge targets international law's legitimacy. It claims that we lack reasons to treat international legal norms or the exercise of political power by international institutions, as anything other than an attempt by states to advance their national interests. If this challenge succeeds, states and other subjects of international law have merely prudential reasons to comply with it rather than a moral duty to obey it. Following a brief description of recent debates over how we ought to understand the concept of legitimacy when used to assess international political practices or global governance, we survey several possible bases for a moral duty to obey or respect international law. These include state consent, instrumental accounts of legitimate authority, and global democracy. The third set of challenges focuses on the relationship between state sovereignty and international law. International rules and institutions often make demands for reform affecting the domestic law of a state in order to elicit compliance with international law. Skeptics argue that the rule of international law is incompatible with states' political self‐determination. Regardless of whether their defense of this claim ultimately succeeds, thoughtful engagement with it may well require us to rethink some of the fundamental concepts and normative ideals in political philosophy, including state sovereignty, democracy, individual rights, political authority, and political obligation. (shrink)

Ideas about the presence, absence, and growth of democracy in global politics take different forms. After surveying the basic justifications for global democracy, three frames for making sense of the significance of particular developments and proposals are canvassed. “Soup” involves the proliferation of democratic practices, though the consequences of this proliferation for the overall shape of international politics remain open. “Society” stresses the democratization of processes that affect constitutive norms and discourses. “System” identifies differentiated yet ordered parts, geared to the (...) production of collective outcomes. The soup framing is undemanding yet limited. System provides a way to pinpoint democratic deficiencies and possibilities, but its requirements can be highly demanding, and it leaves open the question of normative integration. Understanding global democratization requires both society and system framings. (shrink)

To respond to globalization-related challenges, many contemporary political theorists have argued for forms of democracy beyond the level of the nation-state. Since the early 1990s, however, political theory has also witnessed a renewed normative defense of nationhood. Liberal nationalists have been influential in claiming that the state should protect and promote national identities, and that it is desirable that the boundaries of national and political units coincide. At first glance, both positions - global democracy and nationalism -seem to contradict each (...) other. We do not share this oppositional picture. Developing a more harmonic picture of nationalist ideals and cosmopolitan visions is the aim of this essay. © 2009 Metaphilosophy LLC and Blackwell Publishing Ltd. (shrink)

One of the potentially most significant objections to a cosmopolitan moral approach charges an essential arrogance: cosmopolitanism disdains particularist moral insights even while – in what is said to be its most coherent form – it seeks to bind all persons within global political institutions. It is argued here that adopting a form of institutional cosmopolitanism actually helps to meet this sort of objection. An appropriately configured such approach will have a conception of equal global citizenship at its core. It (...) will seek to place individuals in relations of political humility, understood not as plain deference to competing moral claims, but as concrete recognition of the equal moral status of others. It will seek to progressively empower as actual citizen equals those whose interests are often ‘arrogantly’ neglected in the current system, and to multiply mechanisms of input and challenge for them over time. (shrink)

One of the recurrent criticisms of the project of cosmopolitan democracy has been that it has not examined the political, economic and social agents that might have an interest in pursuing this programme. This criticism is addressed directly in this article. It shows that there are a variety of paths that, in their own right, could lead to more democratic global governance, and that there are a diversity of political, economic and social agents that have an interest in the pursuit (...) of these. Cosmopolitan democracy is an open-ended project that aims to increase the accountability, transparency and legitimacy of global governance, and the battery of agents and initiatives outlined highlight the direction and politics required to make it possible. (shrink)

Does democracy or popular sovereignty imply exclusion and drawing borders? And if so, what type of exclusion and borders, and what kind of justification can we give for them? Moreover, if democracy really requires some kind of exclusion, is global democracy then a paradoxical union of two contradictory ideals? Can we create a demos on the global level? The focus of this collection of essays is on this potential conflict and its underlying values.

To respond to globalization‐related challenges, many contemporary political theorists have argued for forms of democracy beyond the level of the nation‐state. Since the early 1990s, however, political theory has also witnessed a renewed normative defense of nationhood. Liberal nationalists have been influential in claiming that the state should protect and promote national identities, and that it is desirable that the boundaries of national and political units coincide. At first glance, both positions—global democracy and nationalism—seem to contradict each other. We do (...) not share this oppositional picture. Developing a more harmonic picture of nationalist ideals and cosmopolitan visions is the aim of this essay. (shrink)

Until relatively recently, few democrats had much to say about the constitution of the ‘demos' that ought to rule. A number of recent writers have, however, argued that all those whose interests are affected must be enfranchised if decision-making is to be fully democratic. This article criticizes this approach, arguing that it misunderstands democracy. Democratic procedures are about the agency of the people so only agents can be enfranchised, yet not all bearers of interests are also agents. If we focus (...) on agency, rather than who is affected, then this leads us to focus on the permissible limits of action, rather than who makes the decision. Just as individual sovereignty is ordinarily limited by the requirement not to injure others, we may apply similar restrictions to what a demos can permissibly do. Thus, any collection of individuals may choose to regulate their affairs collectively for mutual benefit, but should be prohibited from imposing negative externalities on outsiders. On this view, the constitution or definition of the demos is arbitrary, from the democratic point of view. Moreover, democracy does not require the expansion of the franchise, unless injuries cannot be avoided. (shrink)

A globalized world, some argue, needs a global democracy. But there is considerable disagreement about whether global democracy is an ideal worth pursuing. One of the main grounds for scepticism is captured by the slogan: “No global demos, no global democracy.” The fact that a key precondition of democracy—a demos—is absent at the global level, some argue, speaks against the pursuit of global democracy. The paper discusses four interpretations of the skeptical slogan—each based on a specific account of the notion (...) of “the demos”—and concludes that none of them establishes that the global democratic ideal must be abandoned. In so doing, the paper (i) systematizes different types of objections against global democracy, thus bringing some clarity to an otherwise intricate debate and (ii) offers a robust but qualified defense of the global democratic ideal. (shrink)