The Democratic Legitimacy Of International Law
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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 Democratic Legitimacy Of International Law
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Author : Steven Wheatley
language : en
Publisher: Hart Publishing
Release Date : 2010-06-02
The Democratic Legitimacy Of International Law written by Steven Wheatley and has been published by Hart 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.
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.
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.
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.
The Promise Of Human Rights
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Author : Jamie Mayerfeld
language : en
Publisher: University of Pennsylvania Press
Release Date : 2016-04-15
The Promise Of Human Rights written by Jamie Mayerfeld and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Political Science categories.
International human rights law is sometimes criticized as an infringement of constitutional democracy. Against this view, Jamie Mayerfeld argues that international human rights law provides a necessary extension of checks and balances and therefore completes the domestic constitutional order. In today's world, constitutional democracy is best understood as a cooperative project enlisting both domestic and international guardians to strengthen the protection of human rights. Reasons to support this view may be found in the political philosophy of James Madison, the principal architect of the U.S. Constitution. The Promise of Human Rights presents sustained theoretical discussions of human rights, constitutionalism, democracy, and sovereignty, along with an extended case study of divergent transatlantic approaches to human rights. Mayerfeld shows that the embrace of international human rights law has inhibited human rights violations in Europe whereas its marginalization has facilitated human rights violations in the United States. A longstanding policy of "American exceptionalism" was a major contributing factor to the Bush administration's use of torture after 9/11. Mounting a combination of theoretical and empirical arguments, Mayerfeld concludes that countries genuinely committed to constitutional democracy should incorporate international human rights law into their domestic legal system and accept international oversight of their human rights practices.
The Legitimacy Of International Human Rights Regimes
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Author : Andreas Føllesdal
language : en
Publisher: Cambridge University Press
Release Date : 2014
The Legitimacy Of International Human Rights Regimes written by Andreas Føllesdal 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 2014 with Law categories.
This book traverses the disciplines of law, political philosophy and international relations in assessing the normative legitimacy of international human rights regimes.
The Idea Of International Human Rights Law
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Author : Steven Wheatley
language : en
Publisher: Oxford University Press
Release Date : 2019-01-17
The Idea Of International Human Rights Law written by Steven Wheatley 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 2019-01-17 with Law categories.
International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights 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.