Some reflections on contemporary international law and the appeal to universal values: A response to Martti Koskenniemi

Abstract

Martti Koskenniemi's criticism of the 'universality' of international law, ensuing from the European tradition, initially sounds quite stimulating, although not really new. Yet, one may be inclined to think that such criticism is also rather inaccurate, inasmuch as it remains both equivocal and ambiguous. This seems particularly true at a time when general international law, as it claims in essence to be universal in scope, is under attack from those who, in the name of their assumed unique position in the world community, aim to weaken the very notion of an international legal order. Nevertheless, as this order is indeed 'cosmopolitan', in the Kantian sense of the word, it is at the same time celebrated, especially by a number of non-governmental organizations which constitute the most active, component of international civil society. Martti Koskenniemi's reductive vision does not seem to take account of this important phenomenon. © EJIL 2005; all rights reserved.