Towards the Institutionalization of Cosmopolitan Law-Making
AbstractThe emergence of de facto cosmopolitan law-making activities, as well as the institutionalization of cosmopolitan law-making, is gradually changing the transnational legal landscape. This article explains the original concept of cosmopolitan law as it was first put forward by Immanuel Kant and describes how the emergence of de facto cosmopolitan law-making activities has resulted in the adoption of various treaties and international norms. It identifies the two types of institutionalization of cosmopolitan law-making as a hybrid of international and cosmopolitan law-making, and a purer version of cosmopolitan law-making. The article then argues that in order for cosmopolitan law-making to be recognized as legitimate, cosmopolitans must limit themselves to advisory roles and remain accountable to stakeholders around the world. The article concludes by discussing the proposed “Draft Charter of the East Asian Community” as an epoch-making proposal for regional integration in East Asia.
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