From Enlightened Positivism to Cosmopolitan Justice: Obstacles and Opportunities
FROM BILATERALISM TO COMMUNITY INTEREST: ESSAYS IN HONOUR OF JUDGE BRUNO SIMMA, Oxford: Oxford University Press, 2011
26 Pages Posted: 24 Oct 2010 Last revised: 5 Jan 2011
Date Written: June 24, 2010
This paper explores the possibilities for linkages between various forms of positivism accepted by many international lawyers and various forms of cosmopolitanism advocated by scholars of global justice. Building on Bruno Simma's conception of "enlightened positivism," it identifies areas in which cosmopolitan trends have already seeped into the fabric of international law and the key gaps between positivist and cosmopolitan visions of international law and the international community. Emphasizing the contributions that philosophical inquiry can add to international legal scholarship, and vice-versa, it concludes with some thoughts on further integration of cosmopolitan thinking into positivist methodologies.
Keywords: international law, positivism, justice, cosmopolitanism, Simma
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