Legal Principles of a New World Governance
The Democratic Legitimacy of Public-Private Rule Making: What Can We Learn from the World Comission of Dams?
The Extraterritorial Scope of the International Covenant on Economic, Social and Cultural Rights (ICESCR)
Another System of International Relations
Giving Africa Voice within Global Governance: Oral History, Human Rights and the United Nations Human Rights Council
Hearing on Neo-liberal Politics and European Transnational Corporations in Latin America and the Caribbean
The Great Together
The Emergence of Global Administrative Law
Universal Declaration of Emerging Human Rights
Global Governance and the Achievement of a Universal Civil Society
Fourteen misconceptions about extraterritorial human rights obligations
World Governance. A Personal European View
Forging a World of Liberty under Law: US National Security in the Twenty-first Century
Inventing a New World Governance Now
After Copenhagen, Some Light on the Horizon
Henceforth, the Keys to the Future are Responsibility, Solidarity, and Courage
Conceptualising Global Democracy
For a Democratic Cosmopolitarian Movement
The State’s Legitimacy in Fragile Situations
The Challenge of Environmental Governance
For a Legitimate, Efficient, and Democratic Global Governance
New Rules for New Radicals ? *
Proposal Papers for the Rio+20 Peoples Summit
Theories of Global Governance
The Cosmopolitan State
Rediscovering Nelson Mandela for the Twenty-first Century
China Sustainable Development Strategy Report 2011. Greening the Economic Transformation
Rio+20: Failed Diplomacy, Feeble Democracy
Low-carbon Economy and Sustainable Development
China: Sustainable Development Strategy Report 2009
Reclaiming the ASEAN Community for the People
What Brazil and What Amazonia Does the World Need?
Migrants spearhead an unprecedented political-cultural battle: to open new routes to the world
Marrakech Process for the Protection and Promotion of All Human Rights of Migrants and Persons in Transnational Mobility
From the Forum for a new World Governance (FnWG) to the World Democratic Forum (WDF)
For a World Citizen Movement
This essay examines the rise of legal cosmopolitanism in the period since the UDHR of 1948 as it gives rise to two very distinct sets of literature and preoccupations. The mainly negative conclusions drawn by conventional political theory about the possibility of reconciling democratic sovereignty, are contrasted with a transnational legal order to the utopianism of contemporary legal scholarship that projects varieties of global constitutionalism with or without the state.
The author argues that transnational human rights norms strengthen rather than weaken democratic sovereignty. Distinguishing between a ‘concept’ and a ‘conception’ of human rights, I claim that self-government in a free public sphere and free civil society is essential to the concretization of the necessarily abstract norms of human rights. Benhabib’s thesis is that without the right to self-government, which is exercised through proper legal and political channels, we cannot justify the range of
variation in the content of basic human rights as being legitimate. She names processes through which rights-norms are contextualized in polities ‘democratic iterations.’
The institutionalization of human rights norms through democratic iterations that permit their revision, rearticulation and contestation, both within judicial institutions and in the larger spheres of civil society, exhibits certain ‘epistemic virtues’ and shows, in Allen Buchanan’s words, ‘public practical reason’ at work.
In conclusion, in addition to Buchanan’s thesis, the author considers Anne-Marie Slaughter’s concept of ‘transjudicial communication,’ and Judith Resnik’s model of ‘law by affiliation’. These three models, like ‘democratic iterations,’ develop modalities of thinking beyond the binarism of the cosmopolitan versus the civic republican; democratic versus the international and transnational; democratic sovereignty versus human rights law.