Governmental Illegitimacy In International Law
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Governmental Illegitimacy In International Law
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Author : Brad R. Roth
language : en
Publisher:
Release Date : 1999
Governmental Illegitimacy In International Law written by Brad R. Roth and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.
Sovereign Equality And Moral Disagreement
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Author : Professor Brad R. Roth
language : en
Publisher: Oxford University Press
Release Date : 2009-12-15
Sovereign Equality And Moral Disagreement written by Professor Brad R. Roth 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 2009-12-15 with Law categories.
In Sovereign Equality and Moral Disagreement: Premises of a Pluralist International Legal Order, Professor Brad R. Roth provides readers with a working knowledge of the various applications of sovereign equality in international law, and defends the principle of sovereign equality as a morally sound response to disagreements in the international realm. The United Nations system's foundational principle of sovereign equality reflects persistent disagreement within its membership as to what constitutes a legitimate and just internal public order. While the boundaries of the system's pluralism have narrowed progressively in the course of the United Nations era, accommodation of diversity in modes of internal political organization remains a durable theme of the international order. This accommodation of diversity underlies the international system's commitment to preserving a state's territorial integrity and political independence, sometimes at the expense of efforts to establish a universal justice that transcends territorial boundaries. Efforts to establish a universal justice, however, need to heed the dangers of allowing powerful states to invoke universal principles to rationalize unilateral (and often self-serving) impositions upon weak states. In Sovereign Equality and Moral Disagreement, Brad R. Roth explains that though frequently counterintuitive, limitations on cross-border exercises of power are supported by substantial moral and political considerations, and are properly overridden only in a limited range of cases.
Sovereign Equality And Moral Disagreement
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Author : Brad Roth
language : en
Publisher: Oxford University Press
Release Date : 2011-11-03
Sovereign Equality And Moral Disagreement written by Brad Roth 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 2011-11-03 with Language Arts & Disciplines categories.
The boundaries of the international order's pluralism remain variable, and relative convergences in both values and interests over time have led to the broadening of exceptions to sovereign prerogative, such as jus cogens, universal jurisdiction, and humanitarian intervention. With little prospect of these long term trends diminishing in either momentum or scope, this book weighs in to consider the enduring importance of sovereignty.
Legitimacy In International Law
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Author : Rüdiger Wolfrum
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-02-26
Legitimacy In International Law written by Rüdiger Wolfrum and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-02-26 with Law categories.
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
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 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.
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.
Recognition Of Governments In International Law
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Author : Stefan Talmon
language : en
Publisher:
Release Date : 2001
Recognition Of Governments In International Law written by Stefan Talmon and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Governments in exile categories.
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.
Plebiscites And Sovereignty
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Author : Lawrence T Farley
language : en
Publisher: Westview Press
Release Date : 1986-03-19
Plebiscites And Sovereignty written by Lawrence T Farley and has been published by Westview Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1986-03-19 with Political Science categories.
SCOTT (Copy 1): From the John Holmes Library Collection.