Paper's abstract

Emmanuelle Jouannet, The Notion of Human Community at the Junction of the Community of States and of the Global Community
Globalization seems to make the notion of a human global community reappear in order to think a common or global legal order that could be implemented to it; it would allow to overrun the phenomenon of sovereign States and to transform the classical interstate law into a new common law. This paper tries to define the interest and limits of such an angle by first revealing the two patterns of legal communities inherited from the history of thought and then by highlighting how it is possible, by following Kant and some contemporary authors, to integrate the thought of a mild cosmopolitanism in order to plan the contemporary international legal order without falling into the drasticality of a strict inter-Statism or a strict internationalism.

Key Words : Kant, State, Kelsen, Scelle, international law
t. 47, 2003 : p. 191-232

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