关键词:
GLOBALIZATION
NONFICTION
摘要:
This essay engages with Jean Cohen 's magnum opus Globalization and Sovereignty: Rethinking Legality, Legitimacy, and Constitutionalism by focusing on her global neo-federalist plan. It is suggested that Cohen stands out in the debate surrounding global constitutionalism with her post-statist, function-oriented notion of federation as the political form for the globalising world order. Yet, when it comes to legality, Cohen returns to the theme of liberal legalism. / make a twofold criticism of Cohen 's constitutional prognosis. First, / argue that echoing past reform movements in international law, Cohen focuses on a rule-oriented, judge-centred conception of legality. As a result, she gives short shrift to the political nature of the existing United Nations-centred international legal order in which a state of exception (or emergency) still sits alongside a seemingly permanent state of legal normalcy. Second, Cohen fails to reckon that a federal union of security and peace is not only about function. While her neo-federalist plan may well apply to other governance issues, it fails to do justice to the role of the UN Security Council ('UNSC') in global peace and security, thereby undermining her plan to rein in the UNSC as the stepping stone to a constitutionalised world order.