Democratic Governance and International Law

EAN: 9780521660952
Published: 11/05/2000
Language: English

Prior to the end of the Cold War, the word 'democracy' was rarely used by international lawyers. Few international organisations supported democratic governance, and the criteria for recognition of governments took little account of whether regimes enjoyed a popular mandate. But the events of 1989–1991 profoundly shook old assumptions. Democratic Governance and International Law attempts to assess international law's new-found interest in fostering transitions to democracy. Is an entitlement to democratic government now emerging in international law? If so, what are its normative foundations? How have global and regional organisations encouraged transitions to democracy, and are their efforts consistent with their constitutional frameworks? How should international law react to elections in which profoundly anti-democratic parties win the vote? In this volume, leading legal scholars grapple with these and other questions to assess the future of international law on this most domestic of questions.

Introduction
The spread of liberal democracy and its implication for international law Gregory H. Fox and Brad R. Roth
Part I. The Normative Foundations of a Right to Political Participation
1. Legitimacy of the democratic entitlement Thomas M. Franck
2. The right to political participation in international law Gregory H. Fox
3. Democracy and the body of international law James Crawford
Part II. Democracy and Inter-State Relations
4. Democratic legitimacy and the recognition of states and governments Sean D. Murphy
5. Constitutionalism and democratic government in the inter-American system Steven Schnably
6. Government networks
the heart of the liberal democratic order Anne-Marie Slaughter
Part III. Democracy and the Use of Force
7. Sovereignty and human rights in contemporary international law W. Michael Reisman
8. 'You, the people'
pro-democratic intervention in international law Michael Byers and Simon Chesterman
9. Pro-democratic intervention by invitation David Wippman
10. The illegality of 'pro-democratic' invasion pacts Brad R. Roth
11. International law and the 'liberal peace' John Owen
Part IV. Democratisation and Conflicting Imperatives
12. Intolerant democracies Gregory H. Fox and Georg Nolte
13. Whose intolerance, which democracy? Martti Koskenniemi
14. Democratic intolerance
observations on Fox and Nolte Brad R. Roth
15. A defence of the 'intolerant democracies' thesis Gregory H. Fox and Georg Nolte
16. Democracy and accountability
the criss-crossing paths of two emerging norms Steven R. Ratner
Part V. Critical Approaches
17. Evaluating democratic progress Brad R. Roth
18. What kind of democracy does the 'democratic entitlement' entail? Jan Knippers Black
19. International law, democracy and the end of history Susan Marks.