하버마스의 세계주의 구상과 국제법의 헌법화

Abstract

This paper examines Habermas’s understanding of cosmopolitanism and the constitutionalization of international law, and provides the theoretical possibilities and limitations of his proposal. Habermas diagnoses a phenomenon of globalization and argues that the nation-states are confronting the crisis of democratic legitimation, caused by globalization of market and neoliberalistic world economy. Then, he suggests that transnational political communities, such as the European Union, need to be developed in order to properly deal with transnational economic processes. He further argues that national identity should be based on ‘constitutional patriotism’, meaning a commitment to constitutional democratic principles, in the age of the ‘postnational constellation’. Habermas’s cosmopolitan ideal is summarized as “from classical international law to a new cosmopolitan order”. His framework of ‘world society without a world government’ takes concrete shape as multi-level system, consisted of three global arenas(supranational/ transnational/national) and three global collective players(world organization/ regional or continental regimes/nation-states). Habermas’s theory of cosmopolitanism has close linkage to his critiques on global terrorism, 9/11 terror attack, Iraq War, and hegemonic unitarianism of the U.S. administration. Notwithstanding the high degree of theoretical sophistication, Habermas’s theory of cosmopolitanism is criticized that although he recognizes the plurality of modern society, his theory nevertheless is hard to overcome the intrinsic eurocentrism, marginalizing non-western version of modernity.