Abstract

Against the background of a resurgence of political and philosophical interest in patriotism, a series of political philosophers have sought to revive the legacy of cosmopolitianism. Although Immanuel Kant figures centrally in these discussions, we are still in need of an adequate examination of Kant's own cosmopolitianism. The aim of this article is to fill this lacuna and to show the relevance of his thought for the current debate. Kant's unduly neglected concept of cosmopolitan law suggests a third sphere of public law - in addition to constitutional law and international law - in which both states and individuals have rights, and where individuals have these rights as 'critizens of the earth' rather than as citizens of particular states. I critically examine Kant's view of cosmopolitan law, discussing its addressees, content, justification, and institutionalization. I argue that Kant's conception of 'world citizenship' is neither merely metaphorical nor dependent on an ideal of a world-government. Kant's views are particularly relevant in light of recent developments in international law, developments that lead away from the view that individuals can only be subjects of international law insofar as they are citizens of particular states. As a result, a category of rights has emerged within international law that approximates Kant's concept of cosmopolitan law