REFLECTING ON THE GLOBAL THROUGH THE PRACTICE OF JUSTICE: FROM COSMOPOLITANISM TO UNIVERSAL JURISDICTION

Abstract

Going beyond the market and financial rationales that leveraged the globalisation process, the focus
is put on legal globalisation. I question the consequences of globalisation on the assumptions made
about justice, rights and responsibility. Starting from a global premise, the finish line, where I intend
to arrive, is a conceptualisation of global justice and the route outlined is, distinctly, a cosmopolitan
one. The conceptualisation of global justice, the subject of this analysis, has two parallel, not
consecutive, phases: one, substantive and normative phase in which the values inherent to human
rights are assumed and, the other, an institutional phase which addresses the applicability of legal
norms that embody that humane-normative approach. The analysis is concluded by focusing on a
proposal to operationalise global justice through a cosmopolitan judicial globalisation. Here, the supra
and transnational jurisdictions which undertake the protection of human rights come to the forefront
and, among those, the prime example is the International Criminal Court.