En este ensayo analizo algunas dificultades conceptuales asociadas a la exigencia de que las instituciones globales adquieran un grado mayor de legitimidad democrática. En ausencia de un Estado mundial, puede parecer inconsistente exigir que las instituciones globales sean responsables ante todos los que han de acatar sus decisiones y al mismo tiempo insistir en que los miembros de dichas instituciones, en tanto que representantes de sus respectivos Estados, mantengan las responsabilidades especiales que tienen con los ciudadanos de sus propios países. (...) Esta dificultad parece insuperable a la luz de la extendida aceptación de la concepción de los derechos humanos centrada en el Estado, según la cual los Estados, y sólo ellos, son los responsables principales de proteger los derechos de sus ciudadanos. Contra esta concepción, defiendo la plausibilidad de una concepción alternativa, pluralista de las obligaciones derivadas de los derechos humanos. Para ello argumento que, si se tiene en cuenta la distinción tripartita entre la obligación de respetar, proteger y realizar los derechos humanos, no hay ninguna dificultad conceptual en exigir que tanto los Estados como los actores no estatales se responsabilicen por sus respectivas obligaciones en materia de derechos humanos. (shrink)

Normative questions concerning political authority and political obligation are widely seen as central questions of political philosophy. Current global transformations require an innovative response from normative political thinking about these two topics. In light of a concrete example of the supranational forms of authority and obligation that have been and are emerging beyond the national state and beyond the traditional domains of international law, I lay out what has become the standard approach to authority and obligation and indicate why this (...) approach is inadequate in contemporary circumstances. I sketch an alternative approach and suggest how the most promising exemplar of this kind, Habermas’ discourse theory of law and politics, can better deal with the example. Having thus made plausible the advantages of the discourse theory of the alternative approach, I end with an ‘internal’ critique of Habermas’ own recent writings on the global political order. (shrink)

In this article we address the question of individual identity and its place – or rather omission – in contemporary discussions about the cosmopolitan extension of liberalism as the dominant political theory. The article is divided into two parts. In the first part we show that if we consistently emphasise the complementarity of the “inner” and “outer” identity of a person, which is essential to liberalism from its very beginnings, then a fundamental flaw in the liberal cosmopolitan project becomes apparent. (...) This is the underestimation of the indispensability of an unambiguously determined public framework which will fix and enforce liberal principles and values in a comprehensible way. Such a framework for liberalism was always the political community and then, above all, the modern state, in which the liberal identity could then be realised. The discussion in this part of the article prepares the ground for an examination, in the second part, of a dilemma which cosmopolitan liberalism must face. In the second part we argue that the attempt to tackle the given problem presents liberals with the following dilemma: either it is necessary to plead for the institution of a global political authority (a “world state”), or to give up the belief that fundamental liberal principles and values can be realised to a global extent. We show, at the same time, that because of the character and ambitions of the cosmopolitan project, the promise of plural identities and multi­centred law cannot be relied upon. By way of conclusion we then ask what is the price of the realisation of cosmopolitan liberal ideals. -/- NOTE: This is a two-part article (in Czech). For download here is the first part; please see the link below for the second part as well. (shrink)

Recent setbacks to international institutions and projects of global governance have been viewed as marking a resurgence of nation-state sovereignty. In fact, however, many of the major controversies and developments in contemporary international law and geopolitics concern the administration, autonomy, and internal hierarchy not of states, but of supra-state regions. The spatial logic of a world divided into such regions is best articulated in Carl Schmitt’s theory of the Großraum, which in various respects describes and explains key features of modern (...) world order. Taking regional systems as self-constituting political units characterized by internal forms of dominance and legitimation aids in identifying the operation of hegemony in contemporary international law and institutions. It also makes possible a reinterpretation of global constitutionalist discourse as a democratizing project that finds its most important expressions in counter-hegemonic movements within the various “great spaces” constituting today’s world. (shrink)

Kant’s 1795 essay on perpetual peace has been lauded as one of his most important and influential political texts as well as one of the most important texts on peace. Kant’s text was largely forgotten until the 1980s and 1990s, with numerous commentaries appearing around the time of its 200 years existence. The French philosopher Jacques Derrida’s interest in Kant’s text appears to have arisen around the same time, and his analyses of this text continued after the turn of the (...) century. The references to Kant’s essay in Derrida’s texts appear mostly in the context of a discussion of the concept of hospitality. The latter concept is understood by Derrida as including both a demand for absolute hospitality, that is, hospitality without the imposition of any limitations, as well as a demand, in the interests of survival, for such limitations or conditions. A negotiation between these dimensions of hospitality is ultimately required. The aim of this article is to elucidate Derrida’s analysis of Kant’s essay, specifically his recasting of the concept of peace as absolute hospitality, as well as to briefly outline its implications for international and cosmopolitan law. (shrink)

Rising powers are fundamentally shifting the relations of power in the global economic and political landscape. International political theory, however, has so far failed to evaluate this nascent multipolarity. This article fills this lacuna by synthesizing empirical and normative modes of inquiry. It examines the transformation of sovereignty exercised by emerging democracies and focuses especially on the case of Brazil. The paper shows that – in stark contrast to emerging democracies’ foreign policy rhetoric – the ‘softening’ of sovereignty, which means (...) that emerging powers gain as well as lose certain aspects of sovereignty, has become the norm. The paper explores this softening of sovereignty from the perspective of global justice by assessing it on the basis of globalist, statist, and internationalist conceptions of global justice. We find that the emergent multipolarity contributes in various ways to the realization of the distinct socioeconomic and political criteria of these three conceptions of global justice. However, we also point out that the transformation of sovereignty generates particular problems for the realization of all three conceptions. (shrink)

Cosmopolitans call for the creation of a global legal order based around the principle of universal human rights. It is, therefore, somewhat surprising that cosmopolitans have not adequately addressed the issue of how such a global order would be policed. The emergence of stable legal systems has generally coincided with the development of formal and informal methods of policing that function to enforce legal entitlements and maintain societal order. This suggests that the issue of policing should be addressed if cosmopolitanism (...) is to be defended as a desirable and realistic project for reforming the global order. This paper proposes that policing within a cosmopolitan legal order should be conceptualized as a form of societal peacekeeping, which functions to maintain the conditions necessary for the enjoyment of human rights. It rejects the idea of a unitary global police force modelled on the professional agencies established by the modern state, in favour of a plural approach that calls for cosmopolita.. (shrink)

While Taylor and Habermas respectively follow communitarian vs cosmopolitan lines in their political theories, trends in each of their writings on religion in a global context have taken surprising turns toward convergence. However, what both views lack would be a further analytical and normative classification that better captures the pluralistic dimensions of this shared turn. I consider Taylor’s critique of Habermas’ appeals to constitutional patriotism that lead to recanting the exceptionalist thesis attributed to the USA in order to own up (...) to the exceptionalism of European secularity. I then take up the more pragmatic concern of the religion in a global public, using their writings on Islam in the USA and in the EU as a litmus test for the epistemic scope of our respective degrees of Jamesian openness, referring to the inherent potentials for the moral, social and political integration of immigrants and minorities into a more encompassing cosmoi politanism. (shrink)