This article focuses on the impact of globalization on international law and the discourse of sovereignty. It challenges the claim that we have entered into a new world order characterized by transnational governance and decentered global law, which have replaced “traditional” international law and rendered the concepts of state sovereignty and international society anachronistic. We are indeed in the presence of something new. But if we drop the concept of sovereignty and buy into the idea that transnational governance has upstaged (...) international treaty organizations, we will misconstrue the nature of contemporary international society and the political choices facing us. In the contemporary context where there is a powerful imperial project afoot (on the part of the United States) that seeks to develop a useful version of global (cosmopolitan) right to justify its self-interested interventions, proposals to abandon the default position of sovereignty and its corollary, the principle of nonintervention in international law, are both premature and dangerous. Instead, we should rethink the normative dimensions of the concept of sovereignty in light of the new principle of sovereign equality articulated in the UN Charter, and show how it can complement cosmopolitan principles such as human rights and collective security. The task is to strengthen, not abandon, international law and supranational institutions, and to foster a global rule of law that protects both the sovereign equality of states, based on a revised conception of sovereignty, and human rights. (shrink)

Miss Arendt is more reticent than, perhaps, she should be, about what actually went on in this public realm of the Greeks. —W. H. Auden.

Theodor Adorno once wrote an essay to "defend Bach against his devotees." In this book Dana Villa does the same for Hannah Arendt, whose sweeping reconceptualization of the nature and value of political action, he argues, has been covered over and domesticated by admirers who had hoped to enlist her in their less radical philosophical or political projects. Against the prevailing "Aristotelian" interpretation of her work, Villa explores Arendt's modernity, and indeed her postmodernity, through the Heideggerian and Nietzschean theme of (...) a break with tradition at the closure of metaphysics.Villa's book, however, is much more than a mere correction of misinterpretations of a major thinker's work. Rather, he makes a persuasive case for Arendt as the postmodern or postmetaphysical political theorist, the first political theorist to think through the nature of political action after Nietzsche's exposition of the death of God. After giving an account of Arendt's theory of action and Heidegger's influence on it, Villa shows how Arendt did justice to the Heideggerian and Nietzschean criticism of the metaphysical tradition while avoiding the political conclusions they drew from their critiques. The result is a wide-ranging discussion not only of Arendt and Heidegger, but of Aristotle, Kant, Nietzsche, Habermas, and the entire question of politics after metaphysics. (shrink)

This article explores the justification of states' territorial rights. It starts by introducing three questions that all current theories of territorial rights attempt to answer: how to justify the right to settle, the right to exclude, and the right to settle and exclude with reference to a particular territory. It proposes a ‘permissive’ theory of territorial rights, arguing that the citizens of each state are entitled to the particular territory they collectively occupy, if and only if they are also politically (...) committed to the establishment of a global political authority realizing just reciprocal relations. The article is developed by introducing some key features of the permissive theory and by explaining how such an account addresses the questions of settlement, exclusion and particularity in ways that significantly improve on existing rival accounts (most prominently: acquisition theories, legitimacy-based theories and nationalist theories). (shrink)

Appealing to the original meaning of the Greek term nomos, Hannah Arendt claims that a bounded legal space is constitutive for political community. Can this seemingly anachronistic claim be substantiated in the conceptually strong sense that every polity - the Greek city-state as much as a hypothetical world state - must constitute itself as a nomos? It is argued that whereas Arendt falls short of justifying this claim, a reflexive reading of nomos can do the trick: the space of political (...) community is necessarily bounded because no polity is imaginable that does not raise a claim to an inside as the community’s own space. A world state, were it ever to be founded, would globalize nomos, not suppress it. Whence the political problem: how does a polity deal with its outside? This problem is particularly pressing because Carl Schmitt’s defense of nomos radically challenges Arendt’s position. A reinterpretation of her analyses of the foundation of a political community suggests how the representational structure of a politics of boundaries parries Schmitt’s challenge. (shrink)

Carl Schmitt's critique of liberalism has gained increasing influence in the last few decades. This article focuses on Schmitt's analysis of international law in The Nomos of the Earth, in order to uncover the reasons for his appeal as a critic not only of liberalism but of American hegemonic aspirations as well. Schmitt saw the international legal order that developed after World War I, and particularly the "criminalization of aggressive war," as a smokescreen to hide U.S. aspirations to world dominance. (...) By focusing on Schmitt's critique of Kant's concept of the "unjust enemy," the article shows the limits of Schmitt's views and concludes that Schmitt, as well as left critics of U.S. hegemony, misconstrue the relation between international law and democratic sovereignty as a model of top-down domination. As conflictual as the relationship between international norms and democratic sovereignty can be at times, this needs to be interpreted as one of mediation and not domination. (shrink)

During the formative years of National Socialist Germany, Carl Schmitt abandoned the decisionism he had been developing since the beginning of his career and turned toward institutionalism, known also as “concrete order thinking” and the philosophy of nomos. Schmitt had outlined his decisionist theory as a critical response to the normativist approach in legal positivism represented especially by Hans Kelsen. In Schmitt's understanding, normativism identified law (Recht) with legal rules and norms, dismissing the existential dimension of personal judgment and decision (...) in the theory of law.1 Schmitt's decisionism meant a revival of this existential dimension: “Law is concretized only in…. (shrink)

There is much disagreement among many commentators of Hannah Arendt's work about whether her contributions to politics and philosophy contain a clandestine version of decisionism or, by contrast, represent an explicit attempt to break away from the elements of voluntarism, arbitrariness, and irrationality, which are considered to be inherent to any theory of the decision. Despite the many disagreements that set apart these two interpretations of Arendt, however, there is a common presupposition that both share. They are in agreement concerning (...) the decision: it is a threat and a vice, intrinsically dangerous and potentially totalitarian in nature, which ought to be expelled from any theory of politics with a normative content. As a result, the terms of the debate pertain solely to whether Arendt was a (crypto-) decisionist and not to the nature and evaluation of the decision as such. This paper argues, contrary to Arendt's critics, that although elements of a theory of the decision can be found scattered throughout many of her writings, she was nonetheless unswerving in her opposition to decisionism. But unlike her defenders, it also argues that had Arendt built on these elements to elaborate a systematic theory of the decision, she would have avoided many of the flaws and inconsistencies that plague her concept of politics. (shrink)