Democratic Governance and International LawGregory H. Fox, Brad R. Roth 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. |
Contents
Legitimacy and the democratic entitlement | 25 |
The right to political participation in international law | 48 |
Democracy and the body of international law | 91 |
Democratic legitimacy and the recognition of States and governments | 123 |
Constitutionalism and democratic government in the interAmerican system | 155 |
Government networks the heart of the liberal democratic order | 199 |
Sovereignty and human rights in contemporary international law | 239 |
You the People prodemocratic intervention in international law | 259 |
International law and the liberal peace | 343 |
Intolerant democracies | 389 |
Whose intolerance which democracy? | 436 |
Democratic intolerance observations on Fox and Nolte | 441 |
A defense of the intolerant democracies thesis | 445 |
Democracy and accountabillty the crisscrossing paths of two emerging norms | 449 |
Evaluating democratic progress | 493 |
What kind of democracy does the democratic entitlement entail? | 517 |
Prodemocratic intervention by invitation | 293 |
The illegality of prodemocratic invasion pacts | 328 |
International law democracy and the end of history | 532 |
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Common terms and phrases
abuses accountability action actors affairs agreement American amnesty anti-democratic argued argument Aristide Article Assembly authority Charter citizens civil claim Commission conflict constitutional Convention countries coup Court Covenant Croatia customary international law decision Declaration democ democratic entitlement democratic governance domestic economic ECOWAS effective elected government European force foreign Franck Fukuyama global Gregory H Guatemala Haiti Haitian Human Rights Committee Ibid institutions Int'l international community international law international legal intervention issue jus cogens legitimacy legitimate liberal democracy liberal internationalism liberal peace ment Michael Reisman military millenarianism monitoring Namibia Nicaragua norm organizations Panama Paraguay polyarchy popular sovereignty practice President principle pro-democratic procedural question recognition recognize regime Reisman relations Report representative democracy Republic resolution Santiago Commitment SC Res Secretary-General Security Council self-determination Sess Sierra Leone social society substantive supra note tion tional transgovernmental treaty UN Charter unilateral United Nations University Press violations vote World