Folkeretten i overgangen til den postnationale konstellation

Abstract

In this article Jürgen Habermas argues for a constitutionalisation of international law as an alternative to the unilateralism of present American foreign policy. He takes his point of departure in Kant's classical essay on perpetual peace and then continues with an investigation of the historical development of international law until the present. Especially the strengths and weaknesses of the UN are examined. He defends a Kantian perspective on international relations against Carl Schmitt's critique, but argues for a reconstruction of the Kantian perspective on the grounds of his own theory of practical discourse.