Democratic Statehood In International Law
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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 Creation Of States In International Law
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Author : James Crawford
language : en
Publisher: Oxford University Press
Release Date : 2006
The Creation Of States In International Law written by James Crawford and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
This edition brings the treatment of statehood in the field of international law up to date. It retains a wealth of historical material and introduces new problems such as the disposition of territory in Kosovo and East Timor, claims for secession in Chechnya and Quebec and devolution in Scotland.
Democracy And Sovereignty
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Author : Daniel Erasmus Khan
language : en
Publisher: BRILL
Release Date : 2022-11-28
Democracy And Sovereignty written by Daniel Erasmus Khan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-28 with Law categories.
Our world is in urgent need of global answers on subjects such as Big Data, climate change, and the interconnected global economy. This volume tackles those issues and more, with the goal of advancing more democratic modes of decision-making.
Democracy In International Law
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Author : James Crawford
language : en
Publisher: Cambridge University Press
Release Date : 1994-04-28
Democracy In International Law written by James Crawford 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 1994-04-28 with Law categories.
Professor Crawford's inaugural lecture as Whewell Professor of International Law at Cambridge addresses a number of facets of the relationship between international law and democratic principles. In particular he examines the ways in which international law may or may not underwrite those principles, a subject which has increased greatly in significance as governments and international organisations search for a 'New World Order' in the post Cold War world.
The International Element Statehood And Democratic Nation Building
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Author : Dren Doli
language : en
Publisher: Springer
Release Date : 2019-02-19
The International Element Statehood And Democratic Nation Building written by Dren Doli and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-19 with Law categories.
This book represents a unique endeavor to elucidate the story of Kosovo’s unilateral quest for statehood. It is an inquiry into the international legal aspects and processes that shaped and surrounded the creation of the state of Kosovo. Being created outside the post-colonial context, Kosovo offers a unique yet controversial example of state emergence both in the theory and practice of creation of states. Accordingly, the book investigates the legal pathways, strategies, developments and policy positions of international agencies/actors and regional players (in particular the EU) that helped Kosovo to establish its independence and gradually acquire statehood. Although contested, Kosovo, and its quest for statehood, represents a unique example of successful unilateral secession. The book therefore explores and analyses patterns of state formation and nation-building in Kosovo, and its transition to democracy. It presents a three-level assessment. First, seen from a historical perspective, the book examines the validity of the right of Kosovar-Albanians to self-determination and remedial secession. Second, from a legal positivist perspective, it scrutinizes all of the legalist arguments that support Kosovo’s right to statehood, and claims that both traditional and legality-based criteria for statehood remain insufficient to determine whether Kosovo has achieved statehood. Third, from a post-factum perspective, the book analyzes the scope and extent to which the internationally blended element was decisive in Kosovo’s state-formation and state-building processes. It explains how the EU’s involvement as an ‘internationally blended element’ in Kosovo’s efforts to achieve statehood was instrumental and played a crucial role in shaping the emerging state. In particular, the book elaborates on how the EU was able to streamline its mode of intervention in the context of state-building and reform.
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.
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.
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.
Democracies And International Law
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Author : Tom Ginsburg
language : en
Publisher: Cambridge University Press
Release Date : 2021-09-30
Democracies And International Law written by Tom Ginsburg 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 2021-09-30 with Law categories.
Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.
The Nature Of International Law
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Author : Gerry Simpson
language : en
Publisher: Routledge
Release Date : 2017-10-05
The Nature Of International Law written by Gerry Simpson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-05 with Law categories.
This title was first published in 2002: The purpose if this volume is to provide a map of some of the great theoretical debates within the discipline of international law. The essays included are structured as dialogues between international legal theorists on concrete subjects such as democracy, gender, compliance, sovereignty and justice. They represent the most interesting theoretical work undertaken in international law.