  More recently, he argues that regulatory political institutions at the global level could be effective only if they take on features of governance without government, even if human rights as juridical statuses must be constitutionalized in the international system (2004, 130–31). As in the case of Allen Buchanan's minimalism, this less demanding standard of legitimacy does not include the capacity to deliberate about the terms governing the political authority of the negotiation system itself. This position is transnational, but ultimately nondemocratic, primarily because it restricts its overly robust deliberative democracy to the level of the nation state. The stronger criteria for democracy are not applied outside the nation state, where governance is only indirectly democratic and left to negotiations and policy networks. Furthermore, the commitment to human rights as legal statuses pushes Habermas in the direction of Held's fundamentally legal form of political cosmopolitanism. At the moment, Habermas's view of cosmopolitan politics is not yet fully stable. But it is clear that he thinks that a cosmopolitan order must be political (and not merely juridical); institutional (and not merely organized informally or by policy networks); transnational (to the extent that it would be like the European Union, an order of political and legal orders); and in some sense democratic or at least subject to democratic norms. However, in order for him to fully adopt this last characteristic of the international system, he will have to rethink his conception of democracy as self-legislation. If he does not do so, it seems impossible to fit democracy onto a transnational rather than fully Kantian cosmopolitan order.