Resumen de Pushing the Boundaries: Rethinking International Law in Light of Cosmopolitan Obligation to Developing Countries
This artide argues for a change in the normative assumptions of international law so as lo attenuate the historical marginalization of developing countries.It describes a form of collective responsibility called "cooperative cosmopolitanism" that requires individuals and states to take responsibility for harms to those beyond their borders. Cooperative cosmopolitanism entails obligations shared by all that are realized collectively and cooperatively. Taking a phenomenological approach and relying on examples of areas of internatinal law(especially international investment law) that have a disproportionately impact on developing countries, the article suggst five ways in which international law should evolve in order to take better account of our cosmopolitan obligations: (I) widening the ambit of international law beyond state-based issues; (2) de-emphasizing state practice and "opinio juris" as criteria for creating international law; (3) recognizing and an increased role for equity in international law; (4) broadening state responsability to include harms caused by their nationals abroad; and (5) articulating a cosmopolitan understanding of the responsibility to protect foreign nationals.
