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Author : Tom Ginsburg
Publisher : Cambridge University Press
Page : 349 pages
File Size : 41,5 Mb
Release : 2021-09-30
Category : Law
ISBN : 9781108843133
Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.
Author : Gregory H. Fox,Brad R. Roth
Publisher : Cambridge University Press
Page : 604 pages
File Size : 44,8 Mb
Release : 2000-05-11
Category : Law
ISBN : 0521667968
PART V CRITICAL APPROACHES.
Author : Khalifa A Alfadhel
Publisher : Taylor & Francis
Page : 124 pages
File Size : 54,9 Mb
Release : 2016-12-19
Category : Law
ISBN : 9781351865326
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.
Author : Gregory H. Fox,Brad R. Roth
Publisher : Unknown
Page : 944 pages
File Size : 55,5 Mb
Release : 2020
Category : Democracy
ISBN : 1788114744
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.
Author : Salar Abbasi
Publisher : Routledge
Page : 151 pages
File Size : 41,9 Mb
Release : 2021-12-20
Category : Law
ISBN : 9781000513813
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.
Author : Steven Wheatley
Publisher : Cambridge University Press
Page : 246 pages
File Size : 47,7 Mb
Release : 2005-12-22
Category : Law
ISBN : 0521848989
This work explores the contribution that international law may make to the resolution of culture conflicts--political disputes between the members of different ethno-cultural groups--in democratic States. International law recognizes that persons belonging to minorities have the right to enjoy their own culture and peoples have the right to self-determination without detailing how these principles are to be put into effect. The emergence of democracy as a legal obligation of States permits the international community to concern itself with both the procedure and substance of 'democratic' decisions concerning ethno-cultural groups.
Author : Charlotte Ku,Harold K. Jacobson
Publisher : Cambridge University Press
Page : 470 pages
File Size : 43,8 Mb
Release : 2003-02-13
Category : Fiction
ISBN : 0521002079
Table of contents
Author : Jens David Ohlin
Publisher : Cambridge University Press
Page : 233 pages
File Size : 43,6 Mb
Release : 2020-07-16
Category : Law
ISBN : 9781108494656
Russian interference in the 2016 US presidential election was illegal because it violated the American people's right of self-determination.
Author : Daniel Erasmus Khan,Evelyne Lagrange,Stefan Oeter,Christian Walter
Publisher : BRILL
Page : 460 pages
File Size : 48,6 Mb
Release : 2022-11-28
Category : Law
ISBN : 9789004508712
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.
Author : James Crawford
Publisher : Cambridge University Press
Page : 48 pages
File Size : 41,6 Mb
Release : 1994-04-28
Category : Law
ISBN : 0521468353
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.
Author : Jure Vidmar
Publisher : Bloomsbury Publishing
Page : 302 pages
File Size : 47,9 Mb
Release : 2013-03-28
Category : Law
ISBN : 9781782250906
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.
Author : Steven Wheatley
Publisher : Bloomsbury Publishing
Page : 424 pages
File Size : 41,7 Mb
Release : 2010-06-02
Category : Law
ISBN : 9781847315861
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.
Author : Chris Thornhill
Publisher : Cambridge University Press
Page : 599 pages
File Size : 53,8 Mb
Release : 2018-06-21
Category : Law
ISBN : 9781107199903
Provides a new legal-sociological theory of democracy, reflecting the impact of global law on national political institutions. This title is also available as Open Access.
Author : Moeckli, Daniel,Forgács, Anna,Ibi, Henri
Publisher : Edward Elgar Publishing
Page : 296 pages
File Size : 52,9 Mb
Release : 2021-07-31
Category : Law
ISBN : 9781800372801
With the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens’ initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states.
Author : Rory O'Connell
Publisher : Cambridge University Press
Page : 321 pages
File Size : 50,6 Mb
Release : 2020-11-05
Category : Law
ISBN : 9781107035072
Explores how the European Court of Human Rights understands 'democracy' and might support more deliberative, participatory and inclusive practices.
