The ongoing process of globalization calls out for novel forms of transnational liberal–democratic decision–making. In this spirit, David Held and a group of interlocutors (especially Daniele Archibugi) propose an ambitious model of “cosmopolitan democracy.” Although the proponents of cosmopolitan democracy are right to insist that transnational liberal democracy must avoid the dangers of an excessively centralized world–state, their own efforts to do so ultimately fail. The weaknesses of their ideas about the notion of the “rule of law“ generate unforeseen theoretical (...) difficulties for their account. Any transnational network of liberal–democratic governance worth defending will need to do a better job preserving a substantial quotient of traditional rule of law virtues. (shrink)

At what point can we concede that the realities of world politics require that moral principles be compromised, and how do we know when a real ethical limit has been reached? This volume gathers leading constructivist scholars to explore the issue of moral limit and possibility in global political dilemmas. The contributors examine pressing ethical challenges such as sanctions, humanitarian intervention, torture, the self-determination of indigenous peoples, immigration, and the debate about international criminal tribunals and amnesties in cases of atrocity. (...) Their analyses entail theoretical and empirical claims about the conditions of possibility and limits of moral change in world politics, therefore providing insightful leverage on the ethical question of 'what ought we to do?' This is a valuable contribution to the growing field of normative theory in International Relations and will appeal to scholars and advanced students of international ethics and political theory. (shrink)

In the aftermath of the Second World War the international institutional breakthroughs that occurred provided the momentum for decades of sustained economic growth and geopolitical stability sufficient for the transformation of the world economy, the shift from the cold war to a multipolar order, and the rise of new communication and network societies. However, what worked then does not work as well now, as gridlock freezes problem-solving capacity in global governance. The search for pathways through and beyond gridlock is a (...) hugely significant task – nationally and globally – if global governance is to be once again effective, responsive and fit for purpose. This article explores these issues and provides elements of a theory of global governance in order to begin to understand the challenges of the 21st century and how to surmount them. (shrink)

The chances of the project of a “cosmopolitan order” being successful are not worse now than they were in 1945 or in 1989–1990. This does not mean that the chances are good, but we should not lose sight of the scale of things. The Kantian project first became part of the political agenda with the League of Nations, in other words after more than 200 years; and the idea of a cosmopolitan order first received a lasting embodiment with the foundation (...) of the United Nations (UN). This process points toward a continuation of the Kantian project. We can still take our cue from Kant's idea of a cosmopolitan condition if we simply construe it in sufficiently abstract terms. I wish to show first of all why I consider the Kantian alternative between a world of republic and a league of nations to be incomplete (section I) and will then go on to outline how we can reconceptualize the Kantian project under contemporary conditions (section II). And I shall close by addressing an actual challenge to which that project might well offer the most promising response (section III). (shrink)

Employing the framework of conflicting goals in democracy promotion as departure point, the paper addresses the issue of arms exports to non-democratic countries as an important research topic which points to a reconsideration of certain fundamental conceptual and normative commitments underpinning democracy promotion. Empirically, we remind of the lingering hypocrisy of Western arms exporters, knowing that exports to non-democratic countries often hinder or block democratisation. This is not easily circumvented, because of the many conflicting objectives both internal and external to (...) democracy promotion itself. Yet democracy and human rights promotion remain, ethically and pragmatically, important policy goals. Noting that the self-evident character of the state-based liberal democratic model is being increasingly questioned in the literature, we then critically explore a radical if surprisingly natural alternative vision: Namely that if the commitment to democracy and human rights is to be genuine, only global democracy remains a viable way of resolving the many dilemmas, as it aspires to deal both with regulating arms exports and building of accountable decision-making structures. Although we ultimately reject the globalist solution and lean towards a less radical constructivist approach, we endorse the underlying rationale, namely that democracy promotion needs to sincerely embrace normative democratic theory. (shrink)

Resorting to the Rule of law within the traditional environment of international law is generating difficulties, especially when circumstances require to square the circle by accommodating normative claims connected to State legal order, fundamental rights, democracy. In recent cases brought before supranational courts, like the European Court of Justice (e.g. Kadi and Al Baarakat), or domestic courts like US Supreme Court (e.g., Hamdan), unsurprisingly, the import and notion of the Rule of law have been interpreted in such ways as to (...) reveal the uncertainty surrounding the concept and the rather idiosyncratic or instrumental use of it. Through the analysis of such instances, this article proposes a restatement of the rule of law that better explains its use beyond the state borders. Then, it shows how the relation between different orders as a matter of fact does not obey to some monist hierarchy and not even just reflects the logic of self contained systems' dualism. Being the autonomy of legal orders a vital contemporary reality, confrontation between them and with the international law appears to be replacing formal primacy of sources as well as blind or dogmatic closure, by content dependent constitutional assessments. In this connection, a road taken in European environment shows that communicative pluralism can embark into a practice of giving reasons inherently capable of producing common standards, the rule of law, and thin lines of principle. All of them are ingredients which might finally evolve into a further rule of recognition for the international law order. Table of contents: 1. Introduction and premise. 2. Superimposing one rule of law? 3. Some hints on which Rule of law. 4. Theoretical analysis and living law shortcomings. 5. Towards content dependent assessments. 6. Building on the rule of law as a third chance? 7. A practice theory of recognition: re-starting from a Hartian background. (shrink)

The article deals with a pivotal conceptual distinction employed in philosophical discussions about global justice. Cosmopolitans claim that arguing from the perspective of moral cosmopolitanism does not necessarily entail defending a global coercive political authority, or a "world-state", and suggest that ambitious political and economic (social) goals implied in moral cosmopolitanism may be achieved via some kind of non-hierarchical, dispersed and/or decentralised institutional arrangements. I argue that insofar as moral cosmopolitans retain "strong" moral claims, this is an untenable position, and (...) that the goals of cosmopolitan justice, as explicated by its major proponents, require nothing less than a global state-like entity with coercive powers. My background ambition is to supplement some existing works questioning the notion of "governance without government" with an argument that goes right to the conceptual heart of cosmopolitan thought. To embed my central theoretical argument in real-world developments, I draw on some recent scholarship regarding the nature of international organizations, European Union, or transnational democratization. Finally I suggest that only after curbing moral aspirations in the first place can a more self-consciously moderate position be constructed, one that will carry practical and feasible implications for institutional design. (shrink)