Towards the Institutionalization of Cosmopolitan Law-Making


  • Yoshiaki Sato



The 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.

Author Biography

Yoshiaki Sato

LL.B., LL.M., Ph.D., University of Tokyo; Associate Professor of Law, Seikei University, Japan. For their valuable comments, the author thanks Keisuke Mark Abe, Jaye Ellis, Jeremy Farrall, Joanna Harrington, Amichai Magen, Graham Mayeda, and Shigeki Sakamoto.