A Legacy of Hans Kelsen and Tentative Inquiry ― Transformation and New Discourse for the World Government ―

The paper explores the idealistic theories of law, as proposed by Kelsen and other philosophers concerning the world law and politics beyond the perspective of economic-oriented globalization. The survey will portray our present and future by examining the reform and development for the globally idealistic legal and political paradigm. In the event, we will delve into the possibility of a tentative world legal system, transformation in the field of international law as well as their significance with a view to realizing the international rule of law. The paper is organized as follows. Following the introduction, Chapter II is devoted to understanding the most idealistic theory as propounded by Hans Kelsen and initiative of pacifist cause centered on the politics of UN. In Chapter III, democracy at the global level and the participation of citizens will be discussed, which is the premise of rule of law and world democracy. In chapter IV, we undertake to review the current structure and characteristics of world law regime. In the present context of interwoven global dynamism, therefore, we can argue that the world politics operates and recycles itself under the framework of world law, in which the concept of civilized law and modern ideal of rule of law dominate. The tentative portrayal of world law regime and international rule of law will be pursued in relation with the transformation of international law from the century to the present.