Kant's Legacy and the Idea of a Transitional Jus Cosmopoliticum

Abstract

Abstract. In this article I propose an interpretation of Kant’s legal cosmopolitanism as characterized by transitional features. I also argue that the transitional aspect proves particularly challenging in view of the solution of Kant’s dilemma between states’ sovereign autonomy and their duty to comply with the requirements of public international law. In this respect, I consider that Kant’s views accommodate the idea of a cosmopolitan constitution with a regulative role assigned to a world republic. This ideal becomes also significant in view of the particular form of legal reasoning it is able to justify and which I illustrate, hypothetically, with reference to the dispute in the Kadi case between the UN Security Council Resolution 1267 and the European Court of Justice.

Keywords: Kant, Cosmopolitanism, World Republic