Democracy In International Law Making
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Democracy In International Law Making
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Author : Salar Abbasi
language : en
Publisher: Routledge
Release Date : 2021-12-20
Democracy In International Law Making written by Salar Abbasi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-20 with Law categories.
This book provides a critique of current international law-making and draws on a set of principles from Persian philosophers to present an alternative to influence the development of international law-making procedure. The work conceptualizes a substantive notion of democracy in order to regulate international law-making mechanisms under a set of principles developed between the twelfth and seventeenth centuries in Persia. What the author here names ‘democratic egalitarian multilateralism’ is founded on: the idea of ‘egalitarian law’ by Suhrawardi, the account of ‘substantial motion’ by Mulla Sadra, and the ideal of ‘intercultural dialectical democracy’ developed by Rūmī. Following a discussion of the conceptual flaws of the chartered and customary sources of international law, it is argued that ‘democratic egalitarian multilateralism’ could be a source for a set of principles to regulate the procedures through which international treaties are made as well as a criterion for customary international law-ascertainment. Presenting an alternative, drawn from a less dominant culture, to the established ideas of international law-making the book will be essential reading for researchers and academics working in public international law, history of law, legal theory, comparative legal theory, Islamic law, and history.
The Democratic Legitimacy Of International Law
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Author : Steven Wheatley
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-06-02
The Democratic Legitimacy Of International Law written by Steven Wheatley and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-02 with Law categories.
The objective of this work is to restate the requirements of democratic legitimacy in terms of the deliberative ideal developed by Jürgen Habermas, and apply the understanding to the systems of global governance. The idea of democracy requires that the people decide, through democratic procedures, all policy issues that are politically decidable. But the state is not a voluntary association of free and equal citizens; it is a construct of international law, and subject to international law norms. Political self-determination takes places within a framework established by domestic and international public law. A compensatory form of democratic legitimacy for inter-state norms can be established through deliberative forms of diplomacy and a requirement of consent to international law norms, but the decline of the Westphalian political settlement means that the two-track model of democratic self-determination is no longer sufficient to explain the legitimacy and authority of law. The emergence of non-state sites for the production of global norms that regulate social, economic and political life within the state requires an evaluation of the concept of (international) law and the (legitimate) authority of non-state actors. Given that states retain a monopoly on the coercive enforcement of law and the primary responsibility for the guarantee of the public and private autonomy of citizens, the legitimacy and authority of the laws that regulate the conditions of social life should be evaluated by each democratic state. The construction of a multiverse of democratic visions of global governance by democratic states will have the practical consequence of democratising the international law order, providing democratic legitimacy for international law.
Democracy And International Law
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Author : Gregory H. Fox
language : en
Publisher:
Release Date : 2020
Democracy And International Law written by Gregory H. Fox and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Democracy categories.
At the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a 'democratic entitlement' was emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. Together with an original introduction, this volume collects the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent 'democratic recession' in many regions of the world.
Democratic Governance And International Law
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Author : Gregory H. Fox
language : en
Publisher: Cambridge University Press
Release Date : 2000-05-11
Democratic Governance And International Law written by Gregory H. Fox and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-05-11 with Law categories.
PART V CRITICAL APPROACHES.
Democratic Accountability And The Use Of Force In International Law
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Author : Charlotte Ku
language : en
Publisher: Cambridge University Press
Release Date : 2003-02-13
Democratic Accountability And The Use Of Force In International Law written by Charlotte Ku and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-02-13 with Fiction categories.
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The Right To Democracy In International Law
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Author : Khalifa A Alfadhel
language : en
Publisher: Taylor & Francis
Release Date : 2016-12-19
The Right To Democracy In International Law written by Khalifa A Alfadhel and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-19 with Law categories.
This book explores the right to democracy in international law and contemporary democratic theory, asking whether international law encompasses a substantive or procedural understanding of the notion. The book considers whether there can be considered to be a basis for the right to democracy in international customary law through identification of the relevant State practice and opinio juris, as well as through an evaluation of the Universal Declaration of Human Rights and whether the relevant provisions might be interpreted as forming customary law. The book then goes on to explore the relevant provisions in international treaties including the International Covenant on Civil and Political Rights before looking at the role of regional organizations and human rights regimes including the European Court of Human Rights and the Arab human rights regime. Khalifa A. Alfadhel draws on the work of John Rawls in order to put forward a theoretical basis for the right to democracy.
Between Fragmentation And Democracy
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Author : Eyal Benvenisti
language : en
Publisher: Cambridge University Press
Release Date : 2017-08-31
Between Fragmentation And Democracy written by Eyal Benvenisti and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-31 with Law categories.
This book explores how global institutions have created democratic deficits, and the role of the courts in mitigating the effects of globalization.
Democracy Minorities And International Law
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Author : Steven Wheatley
language : en
Publisher: Cambridge University Press
Release Date : 2005-12-22
Democracy Minorities And International Law written by Steven Wheatley and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-12-22 with Law categories.
This work explores the contribution that international law may make to the resolution of culture conflicts--political disputes between the members of different ethno-cultural groups--in democratic States. International law recognizes that persons belonging to minorities have the right to enjoy their own culture and peoples have the right to self-determination without detailing how these principles are to be put into effect. The emergence of democracy as a legal obligation of States permits the international community to concern itself with both the procedure and substance of 'democratic' decisions concerning ethno-cultural groups.
Democratic Statehood In International Law
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Author : Jure Vidmar
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-03-28
Democratic Statehood In International Law written by Jure Vidmar and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-28 with Law categories.
This book analyses the emerging practice in the post-Cold War era of the creation of a democratic political system along with the creation of new states. The existing literature either tends to conflate self-determination and democracy or dismisses the legal relevance of the emerging practice on the basis that democracy is not a statehood criterion. Such arguments are simplistic. The statehood criteria in contemporary international law are largely irrelevant and do not automatically or self-evidently determine whether or not an entity has emerged as a new state. The question to be asked, therefore, is not whether democracy has become a statehood criterion. The emergence of new states is rather a law-governed political process in which certain requirements regarding the type of a government may be imposed internationally. And in this process the introduction of a democratic political system is equally as relevant or irrelevant as the statehood criteria. The book demonstrates that via the right of self-determination the law of statehood requires state creation to be a democratic process, but that this requirement should not be interpreted too broadly. The democratic process in this context governs independence referenda and does not interfere with the choice of a political system. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.
The Power Of Deliberation
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Author : Ian Johnstone
language : en
Publisher: Oxford University Press, USA
Release Date : 2011
The Power Of Deliberation written by Ian Johnstone and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
Arguing about matters of public policy is ubiquitous in democracies. The ability to resolve conflicts through peaceful contestation is a measure of any well-ordered society. This book challenges the assumption that arguing is mere lip service with no real impact on the behavior of states or the structure of the international system.