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
A More Secure World: Our Shared Responsibility
After Rio+20: What New World Governance Does the World Need?
Redefining Global Governance to Meet the Challenges of the Twenty-first Century
When World-regulation Experts "Play" the Regions ...
Can Democracy Survive Interdependence?
FASE’s Commitment to a Sustainable and Democratic Amazonia
Rio + ???
After Copenhagen, Some Light on the Horizon
Henceforth, the Keys to the Future are Responsibility, Solidarity, and Courage
For a Legitimate, Efficient, and Democratic Global Governance
The One Party Planet
Choosing between Two Evils or Rethinking Armed Interventionism
Marrakech Process for the Protection and Promotion of All Human Rights of Migrants and Persons in Transnational Mobility
The Five WGI Indicators
The World March of Women Third International Action
Regulating Transnational Companies: 46 Proposals
Building Consensus on Food Safety Programs among Consumer and Public Health Organizations
Moving Closer toward an International Standard on Corporate Social Responsibility
World Charter of Free Media
Rethinking and Changing World Governance
Fair Coop, the Earth cooperative for a fair economy
Beyond 2015: Media as Democracy and Development
Migrants spearhead an unprecedented political-cultural battle: to open new routes to the world
Reclaiming the ASEAN Community for the People
New Rules for New Radicals ? *
For a World Citizen Movement
From the Forum for a new World Governance (FnWG) to the World Democratic Forum (WDF)
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.