Snežana Miladinović, PhD

Associate Professor at the Faculty of Law University of Montenegro

 

 

HARMONIZATION AND UNIFICATION  OF THE  LAW 

AS THE STAGES ON THE WAY OF  IMMANUEL  KANT'S  IDEA OF THE „COSMOPOLITAN LAW“

 

SUMMARY

 

In this research study the author deals with issues of harmonization and unification of law, but in a different way. In fact, the author analyzes these processes in the light of the Kant's philosophy of history and  Kant's philosophical and political system. Kant deals with the natural and positive law. Positive law Kant divides into private and public law. Public law consists of national, international and cosmopolitan law. Public law is based on the principles of liberty, equality and independence. From this perspective author concludes that cosmopolitan law has a great perspective. Cosmopolitan law is based on the principle of hospitality and of good faith.

In this research stady the autor examines the key principles of Kant's conception of eternal peace and the possibility of an international legal order grounded on Reason. The author tries to prove that the harmonization and unification of law arising from the very nature of law. She notes that the legal rules created in the European Union moving towards the realization of Kant's idea of cosmopolitan law.

In this research study autor examines some key principles of Kant's conception of eternal peace and the possibility of an international legal order grounded on Reason.

Key words: Harmonization of law, Unification of law, Immanuel Kant, Philosophy of history, Philosophy of law, Cosmopolitan law, Eternal peace.