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Volumn 16, Issue 4, 2003, Pages 673-699

Perpetual Peace or Perpetual Process: Global Civil Society and Cosmopolitan Legality at the World Trade Organization

Author keywords

cosmopolitanism; global civil society; global governance; Kant; World Trade Organization

Indexed keywords


EID: 34248054264     PISSN: 09221565     EISSN: 14789698     Source Type: Journal    
DOI: 10.1017/S0922156503001584     Document Type: Article
Times cited : (20)

References (115)
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    • (2000) 32 New York University Journal of International Law and Politics, at 340. See also R. Buchanan and S. Pahuja, ‘Collaboration, Cosmopolitanism and Complicity’, 71 Nordic Journal of International Law 310-16, for a discussion of the relationship between cosmopolitanism and international law.
    • D. Kennedy, ‘When Renewal Repeats: Thinking against the Box’, (2000) 32 New York University Journal of International Law and Politics, at 340. See also R. Buchanan and S. Pahuja, ‘Collaboration, Cosmopolitanism and Complicity’, (2002) 71 Nordic Journal of International Law 310-16, for a discussion of the relationship between cosmopolitanism and international law.
    • (2002) When Renewal Repeats: Thinking against the Box
    • Kennedy, D.1
  • 2
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    • see J.Habermas, ‘Bestiality andHumanity: AWar on the Border between Legality andMorality’, (1999) 6 Constellations 263; on the right to democratic governance in international law, S.Marks, ‘International Law, Democracy and The End of History’, in G. Fox and B. Roth (eds.), Democratic Governance and International Law (2000) 532; S. Marks, The Riddle of All Constitutions: International Law, Democracy, and the Critique of Ideology (2000); on democratizing global governance, see D. Held, Democracy and the Global Order: From the Modern State to Cosmopolitan Governance also R. Falk and A. Strauss, ‘On the Creation of a Global People's Assembly: Legitimacy and the Power of Popular Sovereignty’, (2000) 36 (2) Stanford Journal of International Law
    • On cosmopolitanism as an argument for the intervention in Kosovo, see J.Habermas, ‘Bestiality andHumanity: AWar on the Border between Legality andMorality’, (1999) 6 Constellations 263; on the right to democratic governance in international law, S.Marks, ‘International Law, Democracy and The End of History’, in G. Fox and B. Roth (eds.), Democratic Governance and International Law (2000) 532; S. Marks, The Riddle of All Constitutions: International Law, Democracy, and the Critique of Ideology (2000); on democratizing global governance, see D. Held, Democracy and the Global Order: From the Modern State to Cosmopolitan Governance (1995); also R. Falk and A. Strauss, ‘On the Creation of a Global People's Assembly: Legitimacy and the Power of Popular Sovereignty’, (2000) 36 (2) Stanford Journal of International Law 191.
    • (1995) On cosmopolitanism as an argument for the intervention in Kosovo , pp. 191
  • 3
    • 0003839150 scopus 로고    scopus 로고
    • at 243; P. Capps, ‘The Kantian Project inModern International Legal Theory’ (2001) 12 EJIL
    • N. Greenwood Onuf, The Republican Legacy in International Thought (1998), at 243; P. Capps, ‘The Kantian Project inModern International Legal Theory’ (2001) 12 EJIL 1003.
    • (1998) The Republican Legacy in International Thought , pp. 1003
    • Greenwood Onuf, N.1
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    • 85022348955 scopus 로고    scopus 로고
    • Somerecent examples include: F. Teson, A Philosophy of International Law(1998);P. Eleftheriadis, (2003) 9 European Law Journal 241-63; J. Bohman and M. Lutz-Bachmann (eds.), Perpetual Peace: Essays on Kant's Cosmopolitan Ideal. Among those who have called into question the connection between Kant and contemporary liberalism are G. Cavallar, ‘Kantian Perspectives onDemocratic Peace:Alternatives to Doyle’, (2001) 27 Review of International Studies 229-48; A. Francheschet, ‘Sovereignty and Freedom:Immanuel Kant's Liberal Internationalist Legacy’, (2001) 27 Review of International Studies 209-28; K. Flikschuh, Kant andModern Political Philosophy (2000); and Capps, The Republican Legacy in International Thought note
    • Somerecent examples include: F. Teson, A Philosophy of International Law(1998);P. Eleftheriadis, ‘Cosmopolitan Law’, (2003) 9 European Law Journal 241-63; J. Bohman and M. Lutz-Bachmann (eds.), Perpetual Peace: Essays on Kant's Cosmopolitan Ideal (1997). Among those who have called into question the connection between Kant and contemporary liberalism are G. Cavallar, ‘Kantian Perspectives onDemocratic Peace:Alternatives to Doyle’, (2001) 27 Review of International Studies 229-48; A. Francheschet, ‘Sovereignty and Freedom:Immanuel Kant's Liberal Internationalist Legacy’, (2001) 27 Review of International Studies 209-28; K. Flikschuh, Kant andModern Political Philosophy (2000); and Capps, The Republican Legacy in International Thought note 3.
    • (1997) Cosmopolitan Law , pp. 3
  • 5
    • 85022441896 scopus 로고    scopus 로고
    • See Buchanan and Pahuja, ‘Cosmopolitan Law’ note 1, 297-324. This analysis seeks in contrast to locate itself outside the discipline, in order to make amore encompassing assertion regarding the pervasive influence of a cosmopolitan sensibility, and its particular legal orientation.
    • Ihavediscussed theparticularcontoursof theclose relationshipbetweencosmopolitanismandthediscipline of international law elsewhere. See Buchanan and Pahuja, ‘Cosmopolitan Law’ note 1, 297-324. This analysis seeks in contrast to locate itself outside the discipline, in order to make amore encompassing assertion regarding the pervasive influence of a cosmopolitan sensibility, and its particular legal orientation.
    • Ihavediscussed theparticularcontoursof theclose relationshipbetweencosmopolitanismandthediscipline of international law elsewhere
  • 11
    • 85022375748 scopus 로고    scopus 로고
    • An example closer to the social movement side of this dichotomy would be People's Global Action (PGA) online: www.agp.org. PGAwas launched in in Geneva as a ‘worldwide coordination of resistances to the globalmarket, a new alliance of struggle and mutual support called People'sGlobalAction against “Free” Trade and the World Trade Organization’. The ‘hallmarks’ of PGA, which have undergone some revision since its inception, explicitly reject ‘capitalism, imperialism, feudalism; all trade agreements, institutions and governments that promote destructive globalization’.
    • An example closer to the social movement side of this dichotomy would be People's Global Action (PGA) online: www.agp.org. PGAwas launched in 1998 in Geneva as a ‘worldwide coordination of resistances to the globalmarket, a new alliance of struggle and mutual support called People'sGlobalAction against “Free” Trade and the World Trade Organization’. The ‘hallmarks’ of PGA, which have undergone some revision since its inception, explicitly reject ‘capitalism, imperialism, feudalism; all trade agreements, institutions and governments that promote destructive globalization’. They also support ‘a confrontational attitude’ and make a ‘call to direct action and civil disobedience’.
    • (1998) They also support ‘a confrontational attitude’ and make a ‘call to direct action and civil disobedience’
  • 12
    • 85022426548 scopus 로고    scopus 로고
    • So, for example, a PGA-organized organizing meeting to plan opposition to the Cancun Ministerial included a presentation from the Our World Is Not For Sale network. Online: Nadir http://www.nadir.org/nadir/initiativ/agp/free/cancun/0108WTO action.htm. See also the discussion of this issue in the Law Commission Report, They also support ‘a confrontational attitude’ and make a ‘call to direct action and civil disobedience’ note 6, at
    • Groups and networks that embrace quite different platforms, strategies, and approaches routinely bridge those differences in their advocacy and organizing efforts. So, for example, a PGA-organized organizing meeting to plan opposition to the Cancun Ministerial included a presentation from the Our World Is Not For Sale network. Online: Nadir http://www.nadir.org/nadir/initiativ/agp/free/cancun/0108WTO action.htm. See also the discussion of this issue in the Law Commission Report, They also support ‘a confrontational attitude’ and make a ‘call to direct action and civil disobedience’ note 6, at 43.
    • Groups and networks that embrace quite different platforms, strategies, and approaches routinely bridge those differences in their advocacy and organizing efforts , pp. 43
  • 13
    • 85022403334 scopus 로고    scopus 로고
    • (2002) 9 (1-2) CanadaWatch 59; M. Ritchie, ‘Interview withMark Ritchie of Institute forAgriculture and Trade Policy’, online: University ofWashington http://depts.washington.edu/wtohist/Interviews/Ritchie.htm.
    • J. A. Scholte, ‘The Future of Civil Society Opposition to Neoliberal Global Economic Governance’, (2002) 9 (1-2) CanadaWatch 59; M. Ritchie, ‘Interview withMark Ritchie of Institute forAgriculture and Trade Policy’ (2002), online: University ofWashington http://depts.washington.edu/wtohist/Interviews/Ritchie.htm.
    • (2002) The Future of Civil Society Opposition to Neoliberal Global Economic Governance
    • Scholte, J.A.1
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    • 85022414726 scopus 로고    scopus 로고
    • ‘Legal Imperialism: Empire's Invisible Hand?’ note
    • Anheier et al., ‘Legal Imperialism: Empire's Invisible Hand?’ note 10.
    • Anheier1
  • 16
    • 85022398619 scopus 로고    scopus 로고
    • (2001), online: Public Citizen http://www.citizen.org/trade/wto/shrink sink/articles.cfm?ID=1569, ‘Call to Reject Any Proposal forMoving theMAI or an Investment Agreement to theWTO’, online: ThirdWorld Network http://www.twnside.org.sg/title/signlet-cn.htm and ‘Sign-On StatementOnDohaOutcomeAnd Process From Civil SocietyGroups’, Aftinet Bulletin (18 Dec. 2001), online:Australian Fair Trade&Investment Network http://www.aftinet.org.au/bulletins/archives/2001/4.
    • See ‘WTO-Shrink or Sink! The Turnaround Agenda and International Civil Society Sign-On Letter’ (2001), online: Public Citizen http://www.citizen.org/trade/wto/shrink sink/articles.cfm?ID=1569, ‘Call to Reject Any Proposal forMoving theMAI or an Investment Agreement to theWTO’ (1999), online: ThirdWorld Network http://www.twnside.org.sg/title/signlet-cn.htm and ‘Sign-On StatementOnDohaOutcomeAnd Process From Civil SocietyGroups’, Aftinet Bulletin (18 Dec. 2001), online:Australian Fair Trade&Investment Network http://www.aftinet.org.au/bulletins/archives/2001/4.
    • (1999) WTO-Shrink or Sink! The Turnaround Agenda and International Civil Society Sign-On Letter
  • 17
    • 85022437189 scopus 로고    scopus 로고
    • While not overlooking those efforts, the scope of this paper is far too limited to engage in a consideration of this activity or of the less visible but also ubiquitous collaborations and exchanges of research and information between NGOs that are not reflected in these public statements.
    • Such collective efforts are in addition to the wide-ranging, energetic, and well-informed efforts made by NGOs and social movementsworking separately on various issues.While not overlooking those efforts, the scope of this paper is far too limited to engage in a consideration of this activity or of the less visible but also ubiquitous collaborations and exchanges of research and information between NGOs that are not reflected in these public statements.
    • Such collective efforts are in addition to the wide-ranging, energetic, and well-informed efforts made by NGOs and social movementsworking separately on various issues
  • 18
    • 85022418165 scopus 로고    scopus 로고
    • (2000)24(1-2)FordhamInternationalLawReview 173; O'Brien et al., Such collective efforts are in addition to the wide-ranging, energetic, and well-informed efforts made by NGOs and social movementsworking separately on various issues note 9; M. Khor, ‘Civil Society's Interactionwith the WTO’, Montreal International Forum Case Studies, online: MIF http://www.fimcivilsociety.org/ etud khor english text.html.
    • S. Charnovitz,'OpeningtheWTOtoNongovernmentalInterests’,(2000)24(1-2)FordhamInternationalLawReview 173; O'Brien et al., Such collective efforts are in addition to the wide-ranging, energetic, and well-informed efforts made by NGOs and social movementsworking separately on various issues note 9; M. Khor, ‘Civil Society's Interactionwith the WTO’, (1999)Montreal International Forum Case Studies, online: MIF http://www.fimcivilsociety.org/ etud khor english text.html.
    • (1999) 'OpeningtheWTOtoNongovernmentalInterests’
    • Charnovitz, S.1
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    • (7 July 1998), on filewith author and online: ICTSD http://www.ictsd.org/ministerial/geneva/statement.PDF. There are 51 organizations endorsing the statement as of 1 July
    • ‘Civil Society Statement on Openness, Transparency and Access to Documents at theWTO’ (7 July 1998), on filewith author and online: ICTSD http://www.ictsd.org/ministerial/geneva/statement.PDF. There are 51 organizations endorsing the statement as of 1 July 1998.
    • (1998) Civil Society Statement on Openness, Transparency and Access to Documents at theWTO
  • 20
    • 85022408011 scopus 로고    scopus 로고
    • ‘Civil Society Statement on Openness, Transparency and Access to Documents at theWTO’ note 19. SeeWTO, Press Release, ‘Ruggiero announces enhancedWTO plan for cooperation with NGOs’ (17 July ), online:WTO http://www.wto.org/english/news e/pres98 e/pr107 e.htm.
    • The NGO section of the WTO website was announced on 17 July 1998 by WTO Director-General Renato Ruggiero, following the ‘Civil Society Statement on Openness, Transparency’, ‘Civil Society Statement on Openness, Transparency and Access to Documents at theWTO’ note 19. SeeWTO, Press Release, ‘Ruggiero announces enhancedWTO plan for cooperation with NGOs’ (17 July 1998), online:WTO http://www.wto.org/english/news e/pres98 e/pr107 e.htm.
    • (1998) The NGO section of the WTO website was announced on 17 July 1998 by WTO Director-General Renato Ruggiero, following the ‘Civil Society Statement on Openness, Transparency’
  • 22
    • 85022384793 scopus 로고    scopus 로고
    • (11 Feb. ), online: WTO http://www.wto.org/english/newse/news03e/global account report 11feb03 e.htm.
    • ‘WTO Gets High Marks For Accountability, Transparency’ (11 Feb. 2003), online: WTO http://www.wto.org/english/newse/news03e/global account report 11feb03 e.htm.
    • (2003) WTO Gets High Marks For Accountability, Transparency
  • 23
    • 85022449821 scopus 로고    scopus 로고
    • ‘WTO Gets High Marks For Accountability, Transparency’ note 6. It appears as if some progress has been made since the time of that interview with respect to the release of agenda and minutes, as evidenced by Director-General Panithpakdi's assurances to NGOs that, in relation to the Ministerial in Cancun, ‘both delegates and civil society will be aware of what issues will be covered before the conference begins’ and that ‘all parties will know if information is to be added to the agenda’. See E. Hayward, ‘Basic Information for NGOs Considering Attending the WTOMinisterial’ online: Ecumenical Advocacy Alliance http://www.ealliance.ch/wtoministerial.jsp.
    • Interview cited in Law Commission Report, ‘WTO Gets High Marks For Accountability, Transparency’ note 6. It appears as if some progress has been made since the time of that interview with respect to the release of agenda and minutes, as evidenced by Director-General Panithpakdi's assurances to NGOs that, in relation to the Ministerial in Cancun, ‘both delegates and civil society will be aware of what issues will be covered before the conference begins’ and that ‘all parties will know if information is to be added to the agenda’. See E. Hayward, ‘Basic Information for NGOs Considering Attending the WTOMinisterial’ online: Ecumenical Advocacy Alliance http://www.ealliance.ch/wtoministerial.jsp.
    • Interview cited in Law Commission Report
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    • ICTSD, WTO/NGO Symposium on Trade, Environment and Sustainable Development note 6, at
    • See Law Commission Report, ICTSD, WTO/NGO Symposium on Trade, Environment and Sustainable Development note 6, at 54.
    • Law Commission Report , pp. 54
  • 26
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    • Friends of the Earth International et al., (2April 2002), online: FOEI http://www.foei.org/trade/mexico.doc.Afurther statement was signed by 150 NGOs inNov., criticizing the failure of theWTOto adhere to democratic principles. It can be found online: Friends of the Earth Europe http://www.foeeurope.org/press/AW 14.11.02 Sydney.htm.
    • See Friends of the Earth International et al., ‘Letter toHonourable Luis Ernesto Derbez Bautista,Mexican Minister of Trade’ (2April 2002), online: FOEI http://www.foei.org/trade/mexico.doc.Afurther statement was signed by 150 NGOs inNov. 2002, criticizing the failure of theWTOto adhere to democratic principles. It can be found online: Friends of the Earth Europe http://www.foeeurope.org/press/AW 14.11.02 Sydney.htm.
    • (2002) Letter toHonourable Luis Ernesto Derbez Bautista,Mexican Minister of Trade
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  • 28
    • 85022380442 scopus 로고    scopus 로고
    • ‘WTO Ignores Calls for Democratic, Inclusive Processes for Cancun’ note 9, at
    • O'Brien et al., ‘WTO Ignores Calls for Democratic, Inclusive Processes for Cancun’ note 9, at 93.
    • O'Brien1
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    • 85022386871 scopus 로고    scopus 로고
    • in H. Anheier, M. Glasius and M. Kaldor (eds.), 2001 LSE Global Civil Society Yearbook
    • See generally M. Pianta, ‘Parallel Civil Society Summits’, in H. Anheier, M. Glasius and M. Kaldor (eds.), 2001 LSE Global Civil Society Yearbook (2000).
    • (2000) Parallel Civil Society Summits
    • Pianta, M.1
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    • South African Business Report, 31 Aug. 2001, online: http://www.amazonia.org/Campaigns/CBDvsWTO/GENET-Newsletter/06.09.2001.htm; C. Denny and L. Elliott, ‘Shaping Up for Seattle at the Beach’, Guardian (4 Sept. 2002, online: Guardian http://www.guardian.co.uk/business/story/0,3604,785702,00.html; M. Donkin, ‘Protesters Barred from Trade Summit’, BBC Online, 9 Nov. 2001, online: BBC News http://news.bbc.co.uk/2/hi/business/ 1646352.stm; R. Thompson, ‘On the Ground in Doha’, APCO's Doha Bulletin, online: http://www. apcoworldwide.com/content/services/index.cfm).
    • South African Business Report, ‘No Room at the Inns of Qatar for Visaless WTO Protestors’, 31 Aug. 2001, online: http://www.amazonia.org/Campaigns/CBDvsWTO/GENET-Newsletter/06.09.2001.htm; C. Denny and L. Elliott, ‘Shaping Up for Seattle at the Beach’, Guardian (4 Sept. 2002, online: Guardian http://www.guardian.co.uk/business/story/0,3604,785702,00.html; M. Donkin, ‘Protesters Barred from Trade Summit’, BBC Online, 9 Nov. 2001, online: BBC News http://news.bbc.co.uk/2/hi/business/ 1646352.stm; R. Thompson, ‘On the Ground in Doha’, APCO's Doha Bulletin (2001), online: http://www. apcoworldwide.com/content/services/index.cfm).
    • (2001) No Room at the Inns of Qatar for Visaless WTO Protestors
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    • Joint Statement ofNGOsand SocialMovements, online: TWN http://www.twnside.org.sg/trade 10.htm.
    • Joint Statement ofNGOsand SocialMovements, ‘NGOsUrge Governments ToCallOff ‘NewRound’ Proposal’ (2001) online: TWN http://www.twnside.org.sg/trade 10.htm.
    • (2001) NGOsUrge Governments ToCallOff ‘NewRound’ Proposal
  • 38
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    • (12 Nov. ), online: Council of Canadians http://www.canadians. org/display document.htm?COC token = 1@@fc8f935a0ce80fe97e04e871ac25f874&id = 276&isdoc =1&catid=104.
    • ‘WTO: Shrink or Sink Signatories’ (12 Nov. 2001), online: Council of Canadians http://www.canadians. org/display document.htm?COC token = 1@@fc8f935a0ce80fe97e04e871ac25f874&id = 276&isdoc =1&catid=104.
    • (2001) WTO: Shrink or Sink Signatories
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    • (9 Nov. 2001), ‘WTO Fails Again: The First TimeWas Farce, the Second Time Is Tragedy’ (16 Nov. 2001), and ‘Green Light to Put Public Health First atWTO Ministerial Conference in Doha’ (19 Nov. ), online: IATP Trade Observatory http://www.tradeobservatory.org/Library/index.cfm>.
    • ‘Civil Society Groups Call on Countries to Reject Power Politics at Doha and an Expanded Agenda’ (9 Nov. 2001), ‘WTO Fails Again: The First TimeWas Farce, the Second Time Is Tragedy’ (16 Nov. 2001), and ‘Green Light to Put Public Health First atWTO Ministerial Conference in Doha’ (19 Nov. 2001), online: IATP Trade Observatory http://www.tradeobservatory.org/Library/index.cfm>.
    • (2001) Civil Society Groups Call on Countries to Reject Power Politics at Doha and an Expanded Agenda
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    • (Speech to the 14th general meeting of the Pacific Economic Cooperation Council, Hong Kong, 28 Nov. 2001), online: WTO http://www.wto.org/english/ news e/spmm e/spmm73 e.htm. Pascal Lamy suggested that the ‘results of Doha were globally very satisfactory indeed’. P. Lamy, ‘The Multilateral Trading System and Global Governance after Doha’ (Speech to German Council on Foreign Relations, Berlin, 27 Nov. ) online: Europa http://europa.eu.int/ comm/commissioners/lamy/speeches articles/spla86 en.htm.
    • M. Moore, ‘WTO and the New Round of Trade Talks’ (Speech to the 14th general meeting of the Pacific Economic Cooperation Council, Hong Kong, 28 Nov. 2001), online: WTO http://www.wto.org/english/ news e/spmm e/spmm73 e.htm. Pascal Lamy suggested that the ‘results of Doha were globally very satisfactory indeed’. P. Lamy, ‘The Multilateral Trading System and Global Governance after Doha’ (Speech to German Council on Foreign Relations, Berlin, 27 Nov. 2001) online: Europa http://europa.eu.int/ comm/commissioners/lamy/speeches articles/spla86 en.htm.
    • (2001) WTO and the New Round of Trade Talks
    • Moore, M.1
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    • (May ), online: WTO http://www.wto.org/english/thewto e/minist e/min03 e/ngo acc e.htm.
    • ‘Registration for non-governmental organizations’ (May 2003), online: WTO http://www.wto.org/english/thewto e/minist e/min03 e/ngo acc e.htm.
    • (2003) Registration for non-governmental organizations
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    • http://www.emg.org.za/Documents/CancunActivites2.doc.
    • See online: Environmental Monitoring Group http://www.emg.org.za/Documents/CancunActivites2.doc.
    • online: Environmental Monitoring Group
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    • (2001) 7Widener Law Symposium Journal 87; and G. Zonnekeyn, ‘TheAppellate Body's Communication on AmicusCuriae Briefs in theAsbestos Case: An Echternach Procession?’, 35 Journal ofWorld Trade
    • A. K. Schneider, ‘Unfriendly Actions: The Amicus Brief Battle at theWTO’, (2001) 7Widener Law Symposium Journal 87; and G. Zonnekeyn, ‘TheAppellate Body's Communication on AmicusCuriae Briefs in theAsbestos Case: An Echternach Procession?’, (2001) 35 Journal ofWorld Trade 553.
    • (2001) Unfriendly Actions: The Amicus Brief Battle at theWTO , pp. 553
    • Schneider, A.K.1
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    • Although there was no formal provision for the acceptance of briefs from NGOs, two environmental groups did submit briefs for the consideration of the Dispute Settlement panel. The countries named in the complaint objected on the grounds that the submissions were not authorized by the DSU, and the briefs were rejected. On hearing the US appeal, however, the WTO Appellate Body, while it declined to uphold theUS law, did reverse the initial panel ruling on the consideration of amicus briefs, stating that there is authority for panels to consider NGO briefs, although it amounts to neither a right for NGOs to have their briefs considered nor an obligation on the part of panels to consider them. The decision of theAppellate Body wasmuch criticized.After the ruling, uncertainty prevailed as to the status ofNGOsubmissions. Subsequent panels more often than not either rejected or refused to consider submissions fromNGOs. See R.Howse, ‘The Appellate Body Rulings in the Shrimp/Turtle Case: A New Legal Baseline for the Trade and Environmental Debate’, 27 Columbia Journal of Environmental Law
    • The amicus issue came to prominence in 1997, in relation to the by now infamous Shrimp-Turtle case, in which theUnited States, responding to domestic activism from environmental NGOs, prohibited imports of shrimp from several Asian countries on the basis that harvesting techniques were threatening the already endangered sea turtle. Although there was no formal provision for the acceptance of briefs from NGOs, two environmental groups did submit briefs for the consideration of the Dispute Settlement panel. The countries named in the complaint objected on the grounds that the submissions were not authorized by the DSU, and the briefs were rejected. On hearing the US appeal, however, the WTO Appellate Body, while it declined to uphold theUS law, did reverse the initial panel ruling on the consideration of amicus briefs, stating that there is authority for panels to consider NGO briefs, although it amounts to neither a right for NGOs to have their briefs considered nor an obligation on the part of panels to consider them. The decision of theAppellate Body wasmuch criticized.After the ruling, uncertainty prevailed as to the status ofNGOsubmissions. Subsequent panels more often than not either rejected or refused to consider submissions fromNGOs. See R.Howse, ‘The Appellate Body Rulings in the Shrimp/Turtle Case: A New Legal Baseline for the Trade and Environmental Debate’, (2002) 27 Columbia Journal of Environmental Law 491.
    • (2002) The amicus issue came to prominence in 1997, in relation to the by now infamous Shrimp-Turtle case, in which theUnited States, responding to domestic activism from environmental NGOs, prohibited imports of shrimp from several Asian countries on the basis that harvesting techniques were threatening the already endangered sea turtle , pp. 491
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    • 9 European Law Journal 496-510; also Charnovitz, The amicus issue came to prominence in 1997, in relation to the by now infamous Shrimp-Turtle case, in which theUnited States, responding to domestic activism from environmental NGOs, prohibited imports of shrimp from several Asian countries on the basis that harvesting techniques were threatening the already endangered sea turtle note 18, at 18. See also Law Commission Report, The amicus issue came to prominence in 1997, in relation to the by now infamous Shrimp-Turtle case, in which theUnited States, responding to domestic activism from environmental NGOs, prohibited imports of shrimp from several Asian countries on the basis that harvesting techniques were threatening the already endangered sea turtle note 6, at
    • R.Howse, ‘Membership and Its Privileges: TheWTO, Civil Society, and the Amicus Brief Controversy’, (2003) 9 European Law Journal 496-510; also Charnovitz, The amicus issue came to prominence in 1997, in relation to the by now infamous Shrimp-Turtle case, in which theUnited States, responding to domestic activism from environmental NGOs, prohibited imports of shrimp from several Asian countries on the basis that harvesting techniques were threatening the already endangered sea turtle note 18, at 18. See also Law Commission Report, The amicus issue came to prominence in 1997, in relation to the by now infamous Shrimp-Turtle case, in which theUnited States, responding to domestic activism from environmental NGOs, prohibited imports of shrimp from several Asian countries on the basis that harvesting techniques were threatening the already endangered sea turtle note 6, at 34.
    • (2003) Membership and Its Privileges: TheWTO, Civil Society, and the Amicus Brief Controversy , pp. 34
    • Howse, R.1
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    • in B. Garth and Y. Dezalay (eds.), Global Prescriptions: The Production, Exportation, and Importation of a New Legal Orthodoxy
    • B. G. Garth and Y. Dezalay, ‘Legitimating the New Legal Orthodoxy’, in B. Garth and Y. Dezalay (eds.), Global Prescriptions: The Production, Exportation, and Importation of a New Legal Orthodoxy (2002), 306-34.
    • (2002) Legitimating the New Legal Orthodoxy , pp. 306-334
    • Garth, B.G.1    Dezalay, Y.2
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    • See online:WSF http://www.portoalegre2003.org/publique/.
    • Most recently in Feb. 2003. See online:WSF http://www.portoalegre2003.org/publique/.
    • (2003) Most recently in Feb
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    • 19 NewLeft Review 41. See also the very useful and detailed account provided by B. Santos, ‘TheWorld Social Forum: Toward a Counter-Hegemonic Globalization’ esp. s. 3.3. Online: Personal webpage of Santos http://www.ces.fe.uc.pt/bss/fsm.php>.
    • ‘On the Attack: Interview with Bernard Cassen’, (2003) 19 NewLeft Review 41. See also the very useful and detailed account provided by B. Santos, ‘TheWorld Social Forum: Toward a Counter-Hegemonic Globalization’ esp. s. 3.3. Online: Personal webpage of Santos http://www.ces.fe.uc.pt/bss/fsm.php>.
    • (2003) On the Attack: Interview with Bernard Cassen
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    • Santos, ‘On the Attack: Interview with Bernard Cassen’ note 58, s 3.3
    • Santos, ‘On the Attack: Interview with Bernard Cassen’ note 58, s 3.3: ‘The Organizational Issue: Internal Democracy’.
    • The Organizational Issue: Internal Democracy
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    • 23 ThirdWorld Quarterly 621; see also ‘World Social Forum 2003’ online: Choike http://www.choike.org/cgibin/choike/links/page.cgi?p=ver indepth&id=738>.
    • T. Teivainen ‘TheWorld Social Forum and Global Democratization: Learning from Porto Alegre’, (2002) 23 ThirdWorld Quarterly 621; see also ‘World Social Forum 2003’ online: Choike http://www.choike.org/cgibin/choike/links/page.cgi?p=ver indepth&id=738>.
    • (2002) TheWorld Social Forum and Global Democratization: Learning from Porto Alegre
    • Teivainen, T.1
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    • ‘TheWorld Social Forum and Global Democratization: Learning from Porto Alegre’ note
    • ‘World Social Forum 2003’, ‘TheWorld Social Forum and Global Democratization: Learning from Porto Alegre’ note 60.
    • World Social Forum 2003 , pp. 60
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    • ‘The Organizational Issue’, subheading ‘Parties andMovements’ note 6, at
    • Law Commission Report, ‘The Organizational Issue’, subheading ‘Parties andMovements’ note 6, at 14.
    • Law Commission Report , pp. 14
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    • The Retreat of the State: The Diffusion of Power in theWorld Economy note 2, at
    • Marks, The Retreat of the State: The Diffusion of Power in theWorld Economy note 2, at 77.
    • Marks , pp. 77
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    • in J. S. Nye and J. D. Donahue (eds.), Governance in a Globalizing World, at
    • R. O. Keohane and J. S. Nye Jr, ‘Introduction’, in J. S. Nye and J. D. Donahue (eds.), Governance in a Globalizing World (2000), at 12.
    • (2000) Introduction , pp. 12
    • Keohane, R.O.1    Nye, J.S.2
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    • ‘Introduction’ note 67, at
    • Slaughter, ‘Introduction’ note 67, at 184.
    • Slaughter , pp. 184
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    • Slaughter note
    • Garth and Dezalay, Slaughter note 52, 306-34.
    • Garth and Dezalay , vol.52 , pp. 306-334
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    • ‘AUS position on the rule of lawfor example, has been promoted almost self righteously inmuch of the literature about the role of NGOs, about democratization, and especially about proper government business relations.’ note
    • Fitzpatrick, ‘AUS position on the rule of lawfor example, has been promoted almost self righteously inmuch of the literature about the role of NGOs, about democratization, and especially about proper government business relations.’ note 64.
    • Fitzpatrick , pp. 64
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    • at
    • Fitzpatrick., at 104.
    • Fitzpatrick , pp. 104
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    • Explicit references to Kantian cosmopolitanism include S. Charnovitz, (2002) 34 New York University Journal of International Law and Politics 299; and S. Muthu, ‘Kant's “Cosmopolitan Right”: Global Justice, Foreigners, and Anti-Imperialism in the Age of Enlightenment’, paper presented to the International Society for the Study of European Ideas Conference (Bergen, Norway, 14-18 Aug. 2000), online: St. Francis Xavier University http://iago.stfx.ca/people/wsweet/ISSEI-Muthu.html>. P. Lamy, ‘Harnessing Globalization: Do We Need Cosmopolitics?’, speech at London School of Economics (1 Feb. 2000), online: http://europa.eu.int/comm/trade/speeches articles/spla86 en.htm>; R. Kagan, Of Paradise and Power: America and Europe in the NewWorld Order
    • Explicit references to Kantian cosmopolitanism include S. Charnovitz, ‘WTO Cosmopolitics’, (2002) 34 New York University Journal of International Law and Politics 299; and S. Muthu, ‘Kant's “Cosmopolitan Right”: Global Justice, Foreigners, and Anti-Imperialism in the Age of Enlightenment’, paper presented to the International Society for the Study of European Ideas Conference (Bergen, Norway, 14-18 Aug. 2000), online: St. Francis Xavier University http://iago.stfx.ca/people/wsweet/ISSEI-Muthu.html>. P. Lamy, ‘Harnessing Globalization: Do We Need Cosmopolitics?’, speech at London School of Economics (1 Feb. 2000), online: http://europa.eu.int/comm/trade/speeches articles/spla86 en.htm>; R. Kagan, Of Paradise and Power: America and Europe in the NewWorld Order (2003).
    • (2003) WTO Cosmopolitics
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    • As Francheschet observes, ‘This relative ignorance of his critical philosophy justifies R. B. J.Walker's harsh comment that it is only a “kitsch Kantianism” which animates recent liberal theorizing and social science’, in Francheschet, I will be referring to the version collected in I. Kant note 4. See also Capps, I will be referring to the version collected in I. Kant note 3, and Cavallar, I will be referring to the version collected in I. Kant note 4. My analysis, as I've indicated, largely side-steps these debates. However, in response to critics who might nonetheless charge that by engaging with Perpetual Peace in isolation from Kantian philosophy more generally, even in this limited and qualified way, I risk offering yet another ‘mis-reading’, I would cite Gayatri Spivak, for whom intentionally mistaken acts of reading serve a useful purpose: : G. Spivak, Critique of Postcolonial Reason: Toward a History of the Vanishing Present, at
    • As Francheschet observes, ‘This relative ignorance of his critical philosophy justifies R. B. J.Walker's harsh comment that it is only a “kitsch Kantianism” which animates recent liberal theorizing and social science’, in Francheschet, I will be referring to the version collected in I. Kant note 4. See also Capps, I will be referring to the version collected in I. Kant note 3, and Cavallar, I will be referring to the version collected in I. Kant note 4. My analysis, as I've indicated, largely side-steps these debates. However, in response to critics who might nonetheless charge that by engaging with Perpetual Peace in isolation from Kantian philosophy more generally, even in this limited and qualified way, I risk offering yet another ‘mis-reading’, I would cite Gayatri Spivak, for whom intentionally mistaken acts of reading serve a useful purpose: ‘I will call my reading of Kant mistaken. My exercise may be called a scrupulous travesty in the interest of producing counter-narratives that will make visible the foreclosure of the subject whose lack of access to the position of narrator is the condition of possibility of the consolidation of Kant's position’: G. Spivak, Critique of Postcolonial Reason: Toward a History of the Vanishing Present (1999), at 9.
    • (1999) I will call my reading of Kant mistaken. My exercise may be called a scrupulous travesty in the interest of producing counter-narratives that will make visible the foreclosure of the subject whose lack of access to the position of narrator is the condition of possibility of the consolidation of Kant's position , pp. 9
  • 76
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    • in particular the essays collected in Bohman and Lutz-Bachmann, ‘I will call my reading of Kant mistaken. My exercise may be called a scrupulous travesty in the interest of producing counter-narratives that will make visible the foreclosure of the subject whose lack of access to the position of narrator is the condition of possibility of the consolidation of Kant's position’ note 4. Our Global Neighborhood (1995); M. Nussbaum, For the Love of Country (1997); D. Held, Democracy and the Global Order: From theModern State to Cosmopolitan Governance
    • See in particular the essays collected in Bohman and Lutz-Bachmann, ‘I will call my reading of Kant mistaken. My exercise may be called a scrupulous travesty in the interest of producing counter-narratives that will make visible the foreclosure of the subject whose lack of access to the position of narrator is the condition of possibility of the consolidation of Kant's position’ note 4.Others who have taken a Kantianorneo-Kantian approachtocosmopolitanisminclude thosewriting intheReportbytheCommission on Global Governance, Our Global Neighborhood (1995); M. Nussbaum, For the Love of Country (1997); D. Held, Democracy and the Global Order: From theModern State to Cosmopolitan Governance (1995).
    • (1995) Others who have taken a Kantianorneo-Kantian approachtocosmopolitanisminclude thosewriting intheReportbytheCommission on Global Governance
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    • in Bohman and Lutz-Bachmann, ‘globalization is the process by which the conditions for positive peace come about’. Bohman and Lutz-Bachmann, Others who have taken a Kantianorneo-Kantian approachtocosmopolitanisminclude thosewriting intheReportbytheCommission on Global Governance note 4, ‘Introduction’ note 4, at
    • J. Habermas, ‘Kant's Idea of Perpetual Peace, with the Benefit of Two Hundred Years’ Hindsight’, in Bohman and Lutz-Bachmann, ‘globalization is the process by which the conditions for positive peace come about’. Bohman and Lutz-Bachmann, Others who have taken a Kantianorneo-Kantian approachtocosmopolitanisminclude thosewriting intheReportbytheCommission on Global Governance note 4, ‘Introduction’ note 4, at 113.
    • Kant's Idea of Perpetual Peace, with the Benefit of Two Hundred Years’ Hindsight , pp. 113
    • Habermas, J.1
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    • A noteworthy proponent of this view is M. W. Doyle, Ways of War and Peace. See A. Francheschet, (2000) 6 European Journal of International Relations 280-8, for a concise overview and critique of this literature; also Cavallar, ‘Kant's Idea of Perpetual Peace, with the Benefit of Two Hundred Years’ Hindsight’ note 4, at
    • A noteworthy proponent of this view is M. W. Doyle, Ways of War and Peace (1997). See A. Francheschet, ‘Popular Sovereignty or Cosmopolitan Democracy? Liberalism, Kant and International Reform’, (2000) 6 European Journal of International Relations 280-8, for a concise overview and critique of this literature; also Cavallar, ‘Kant's Idea of Perpetual Peace, with the Benefit of Two Hundred Years’ Hindsight’ note 4, at 238.
    • (1997) Popular Sovereignty or Cosmopolitan Democracy? Liberalism, Kant and International Reform , pp. 238
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    • ‘Popular Sovereignty or Cosmopolitan Democracy? Liberalism, Kant and International Reform’ note 77, at
    • Kant, ‘Popular Sovereignty or Cosmopolitan Democracy? Liberalism, Kant and International Reform’ note 77, at 100.
    • Kant , pp. 100
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    • at
    • Kant., at 114.
    • Kant , pp. 114
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    • Eleftheriadis, Kant note 4, at 246. See also S. Anderson-Gold
    • Eleftheriadis, Kant note 4, at 246. See also S. Anderson-Gold, Cosmopolitanism and Human Rights (2001).
    • (2001) Cosmopolitanism and Human Rights
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    • Interpretations of the preceding quote vary in their translation of the term. For different approaches to this issue of translation in Kant's writing, see Flikschuh, Kant's PoliticalWritings note 4, at 11, and Eleftheriadis, Kant's PoliticalWritings note 4, at
    • The German word ‘recht’ can be translated as law, right or justice. Interpretations of the preceding quote vary in their translation of the term. For different approaches to this issue of translation in Kant's writing, see Flikschuh, Kant's PoliticalWritings note 4, at 11, and Eleftheriadis, Kant's PoliticalWritings note 4, at 242.
    • The German word ‘recht’ can be translated as law, right or justice , pp. 242
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    • Reiss, in Kant, The German word ‘recht’ can be translated as law, right or justice note 77, at 96. see Cavallar, The German word ‘recht’ can be translated as law, right or justice note
    • E.g. Reiss, in Kant, The German word ‘recht’ can be translated as law, right or justice note 77, at 96. On the issue of the ‘right of intervention’, see Cavallar, The German word ‘recht’ can be translated as law, right or justice note 4, 240-3.
    • On the issue of the ‘right of intervention’ , vol.4 , pp. 240-243
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    • in Bohman and Lutz-Bachmann, On the issue of the ‘right of intervention’ note 4, at
    • J. Bohman, ‘The Public Spheres of theWorld Citizen’, in Bohman and Lutz-Bachmann, On the issue of the ‘right of intervention’ note 4, at 182.
    • The Public Spheres of theWorld Citizen , pp. 182
    • Bohman, J.1
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    • As Daniel Archibugi admits, cosmopolitans may be guilty as charged of too often ‘falling prey to the conviction that, by coincidence, the best customs are their own’ note
    • Buchanan and Pahuja, As Daniel Archibugi admits, cosmopolitans may be guilty as charged of too often ‘falling prey to the conviction that, by coincidence, the best customs are their own’ note 1.
    • Buchanan and Pahuja , pp. 1
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    • in R. Falk, L. E. J. Ruiz, and R. B. J.Walker (eds.), Reframing the International: Law, Culture, Politics, 136-62; A. Anghie, N. Berman, S. Pahuja, V. Nesiah, etc.
    • See, e.g., B. Rajgopal, ‘FromModernization to Democratization: The Political Economy of the ‘New’ International Law’, in R. Falk, L. E. J. Ruiz, and R. B. J.Walker (eds.), Reframing the International: Law, Culture, Politics (2002), 136-62; A. Anghie, N. Berman, S. Pahuja, V. Nesiah, etc.
    • (2002) FromModernization to Democratization: The Political Economy of the ‘New’ International Law
    • Rajgopal, B.1
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    • ‘FromModernization to Democratization: The Political Economy of the ‘New’ International Law’ note 92, at
    • Santos, ‘FromModernization to Democratization: The Political Economy of the ‘New’ International Law’ note 92, at 464.
    • Santos1
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    • Neuropolitics: Thinking, Culture, Speed, 199: ‘As the hope to secure a single regulative ideal is shaken by a world spinning faster than heretofore, a smallwindow of opportunity opens to negotiate a pluralmatrix of cosmopolitanisms. The possibilities of affirmativenegotiation dependupon several parties relinquishing the provincial demand that all others subscribe to the transcendental, universal, immanent, or deliberative source of ethics they themselves confess. That ain't easy. Still a start can be made in Euro-American regimes as Kantians, neo-Kantians, and Nussbaumites acknowledge the profound contestability of the conception ofmorality they confess most fervently, and as they adopt a modest stance towards those who don't confess it.’
    • William Connolly,Neuropolitics: Thinking, Culture, Speed (2002), 199: ‘As the hope to secure a single regulative ideal is shaken by a world spinning faster than heretofore, a smallwindow of opportunity opens to negotiate a pluralmatrix of cosmopolitanisms. The possibilities of affirmativenegotiation dependupon several parties relinquishing the provincial demand that all others subscribe to the transcendental, universal, immanent, or deliberative source of ethics they themselves confess. That ain't easy. Still a start can be made in Euro-American regimes as Kantians, neo-Kantians, and Nussbaumites acknowledge the profound contestability of the conception ofmorality they confess most fervently, and as they adopt a modest stance towards those who don't confess it.’
    • (2002) William Connolly
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    • For another example, see H. Patomaki and T. Teivainen, ‘Critical Responses to Neoliberal Globalisation in the Mercosur Region: Roads Towards Cosmopolitan Democracy?’ 9 Review of International Political Economy
    • Ihave identified Marks because sheis a thoughtfulexemplarof amoregeneraltendency.For another example, see H. Patomaki and T. Teivainen, ‘Critical Responses to Neoliberal Globalisation in the Mercosur Region: Roads Towards Cosmopolitan Democracy?’ (2002) 9 Review of International Political Economy 37.
    • (2002) Ihave identified Marks because sheis a thoughtfulexemplarof amoregeneraltendency , pp. 37
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    • in Bohman and Lutz-Bachmann, Ihave identified Marks because sheis a thoughtfulexemplarof amoregeneraltendency note 66 note 4, at
    • D. Held, ‘Cosmopolitan Democracy and the Global Order’, in Bohman and Lutz-Bachmann, Ihave identified Marks because sheis a thoughtfulexemplarof amoregeneraltendency note 66 note 4, at 245-6.
    • Cosmopolitan Democracy and the Global Order , pp. 245-246
    • Held, D.1
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    • ‘Cosmopolitan Democracy and the Global Order’ note 66., at 109, citingD. Archibugi andD.Held, in Archibugi andHeld (eds.), Cosmopolitan Democracy: An Agenda for a NewWorld Order, at
    • ‘Cosmopolitan Democracy and the Global Order’ note 66., at 109, citingD. Archibugi andD.Held, ‘Editors’ Introduction’, in Archibugi andHeld (eds.), Cosmopolitan Democracy: An Agenda for a NewWorld Order (1995), at 3.
    • (1995) Editors’ Introduction , pp. 3
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    • in Yearbook of Global Civil Society, online: LSE http://www.lse.ac.uk/Depts/global/Yearbook/PDF/ PDF2002/GCS2002%20pages%20[09]%20.pdf>.
    • S. Saskia, ‘Global Cities and Diasporic Networks’, in Yearbook of Global Civil Society (2002), online: LSE http://www.lse.ac.uk/Depts/global/Yearbook/PDF/ PDF2002/GCS2002%20pages%20[09]%20.pdf>.
    • (2002) Global Cities and Diasporic Networks
    • Saskia, S.1
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    • The Ticklish Subject: An Essay on Political Ontology note 109 note 2 note 77, at
    • Kant, The Ticklish Subject: An Essay on Political Ontology note 109 note 2 note 77, at 174.
    • Kant , pp. 174
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    • generally S. Critchley and R. Kearney, in J. Derrida, On Cosmopolitanism and Forgiveness
    • See generally S. Critchley and R. Kearney, ‘Preface’, in J. Derrida, On Cosmopolitanism and Forgiveness (2001).
    • (2001) Preface
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    • While Derrida's account perhaps points us towards the persistence of the unconditional within each act that seeks to make a right to hospitality operative, theKantian formulation suggests, in contrast, a transcendental ideal of cosmopolitanism beyond our capacity to realize it. I thank Peter Fitzpatrick for pointing this potential misreading of Derrida out to me. On the Kantian ideal, see Cavallar, ‘Perpetual peace is above all and in the first place a moral duty and hope, a matter of ‘unscientific moral action and belief. We should adhere to normative principles while at the same time knowing that our ways of realizing them are always deficient’, On Cosmopolitanism and Forgiveness note 4, at 248. Similarly, Connolly (On Cosmopolitanism and Forgiveness note 96) suggests that ‘Cosmopolitanism. gains a grip in Kant's moral imagination only because it flows from a transcendental imperative to act as if the world were filled with a providential direction that stretches beyond the reach of human agency’ (180-1).
    • I should not be taken here to be indirectly attributing to Derrida the notion of a Kantian ideal. While Derrida's account perhaps points us towards the persistence of the unconditional within each act that seeks to make a right to hospitality operative, theKantian formulation suggests, in contrast, a transcendental ideal of cosmopolitanism beyond our capacity to realize it. I thank Peter Fitzpatrick for pointing this potential misreading of Derrida out to me. On the Kantian ideal, see Cavallar, ‘Perpetual peace is above all and in the first place a moral duty and hope, a matter of ‘unscientific moral action and belief. We should adhere to normative principles while at the same time knowing that our ways of realizing them are always deficient’, On Cosmopolitanism and Forgiveness note 4, at 248. Similarly, Connolly (On Cosmopolitanism and Forgiveness note 96) suggests that ‘Cosmopolitanism. gains a grip in Kant's moral imagination only because it flows from a transcendental imperative to act as if the world were filled with a providential direction that stretches beyond the reach of human agency’ (180-1).
    • I should not be taken here to be indirectly attributing to Derrida the notion of a Kantian ideal


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