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“An Overview of Kantian Thought on International Community of 21st Century” - How Kantian Philosophy Can Apply to Globalized Relations

Democracy
Globalisation
Human Rights
UN
Ethics
Normative Theory
Peace
Daniela Fisichella
Università di Catania
Daniela Fisichella
Università di Catania

Abstract

International law scholars are devoting growing attention to Kant’s thought and his categories, to spotlight the present international community through his Political Writings. If anything, States are concerned by legality of their actions but not by their morality, thus failing to comply with Kantian ethical theory focused on moral laws determined by the categorical imperative. Nonetheless, States increasingly claims moral values whenever they breach international legal rules: so for humanitarian intervention along with Responsibility to Protect. Globalization is a great challenge for any State, mostly because a veritable balance hasn’t been established after 1989 outbreaks. Moreover, manifold actors have been emerging in the last few decades and a backlash to the state of nature is ever looming. Individuals and States: Kant’s idea of a ‘civil condition’, as a goal for individuals to leave anarchy and chaos of their early state of nature, fits the community of States as well. Being all sovereign, equal and independent, States tend by their very nature to express authority and power through military force. Mutual cooperation is the best tool to escape permanent war and achieving a ‘civil condition’. Right and Power: Kant’s formalistic approach to ‘right’ leads either to ‘universal’ law and to ‘public’ right. International legal system rules on freedom of States as legal subjects, besides customary - including jus cogens - and conventional law. Under Kantian idea of power, State’s ethical behaviour is undisputable and it has an almost absolute power on its citizens, who are entitled to enjoy “lawful freedom”, “civil equality” and “civil independence”. Kantian ‘civil constitution’ is rooted on these three qualities, also shaping the community of States, as forged by increasing cooperation to manage their common interests. A civil condition of mankind to a progressive development for human beings: while republicanism is to Kant the preferred form of government, the political constitution of a State is not relevant under international law, but from early nineties it has been promoting a widespread acceptance of the rule of law safeguarding core democratic values. The common target for both is the government aimed to maintain peace worldwide. A federation of free States: Kant calls upon a league of peace, to manage States’ freedom and security among themselves. This rightful condition under a federation is commonly agreed upon ‘right of Nations’ and United Nations Organization could be envisaged as playing this role from 1945 onwards. Towards a Perpetual Peace. The Cosmopolitan Right: a right to peace is fully inquired both by Kant and international law. UN Charter claims for ‘universal peace’ has much in common with Kantian perpetual peace. Whereas all Nations gather to a possible union under universal law, cosmopolitan right can be assessed. Indeed, globalization is providing a commonality far away from any ethical value, but relevance of human rights is extensively broad. The World Citizenship: to Kant, cosmopolitan right brings human beings increasingly closer to a constitution setting world citizenship. It’s noteworthy the huge difference between it and citizenship as it’s currently dealt with, including European citizenship.