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Democracy As An International Obligation Of States And Right Of The People

Author: Linda Wittor
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
ISBN: 9783631674468
Size: 23.23 MB
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There is a clear development towards the acknowledgement of democracy as a universal concern. States and international organisations openly support democracy and condemn setbacks in democratisation and consolidation of democracy. But how far does this development go? The author sheds light on the question of an international obligation of states to promote and protect democratic structures as well as a corresponding right of the people. Coming to the conclusion that such norms exist in certain regions and are emerging universally, the author further analyses whether this challenges existing rules of international law, namely the prohibition of the use of force and intervention. Lastly, it is dealt with the question of whether and how such a norm could be enforced under existing mechanisms.

A Theory Of Universal Democracy

Author: L. Ali Khan
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041120038
Size: 67.58 MB
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A Theory of Universal Democracy empowers cultures and communities across the world to custom design democracy in consonance with their traditional values. For example, the book makes concrete proposals for Muslim countries to democratize their constitutions without accepting Western values and without violating the principles of Islamic law. More importantly, Universal Democracy further develops the idea of Free State, which the author first presented in his previous book, The Extinction of Nation-States (Kluwer, 1996). The proposed fusion of Universal Democracy and Free State is designed to revolutionize the classical theory of government and to offer a new paradigm that accommodates both universality and uniqueness. Scholars, teachers and students of international law, constitutional law, legal theory, and Islamic law will find this book a source of valuable ideas.

Constitutionalism And Democracy

Author: Douglas Greenberg
Publisher: Oxford University Press
ISBN: 9780195361254
Size: 33.33 MB
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The political changes which have occurred in the last three years have been phenomenal--the dissolving of the former Soviet Union, the impending union of Western Europe, and the evolution of democracy in Eastern Europe. What changes have occurred in the legal structure of these countries? How have their constitutions been affected by these developments? Stanley Katz, Douglas Greenberg, and other scholars and politicians from numerous countries discuss in this work the experiences of constitutionalism. Previously, little work has been done in this field, but now Constitutionalism and Democracy represents the range and depth for serious constitutional analysis. Discussing concrete issues such as human rights, nationalism, and pluralism, this volume will be essential in understanding the phenomenon of constitutionalism in various parts of the world.

The Democratic Legitimacy Of International Law

Author: Steven Wheatley
Publisher: Bloomsbury Publishing
ISBN: 1847315860
Size: 64.27 MB
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The objective of this work is to restate the requirements of democratic legitimacy in terms of the deliberative ideal developed by JÃ1⁄4rgen 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.

Constitutional Violence

Author: Antoni Abat i Ninet
Publisher: Edinburgh University Press
ISBN: 074867537X
Size: 37.32 MB
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Western political systems tend to be 'constitutional democracies', dividing the system into a domain of politics, where the people rule, and a domain of law, set aside for a trained elite. Antoni Abat i Ninet strives to resolve these apparently exclusive

The African Commission On Human And People S Rights And International Law

Author: Rachel Murray
Publisher: Hart Publishing
ISBN: 1841131229
Size: 10.88 MB
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The African Commission on Human and Peoples' Rights, established in 1987, was the third regional instrument, after the European and American systems, for the promotion and protection of human rights. This book, drawing on the jurisprudence and practice of the Commission, challenges the applicability of international law to the African situation. Following an examination of the evolution of the African Charter and the status of ratification, Murray questions the opposing dichotomy approach of international law. Her critical analysis covers the notion of the state, the issue of personality and the application of the international law distinctions between war and peace and judicial and amicable disputes. The experience and approach of the African Commission is compared with that of other regional and international bodies, leading to the conclusion that a more holistic approach to international law is required if human rights are to be adequately protected.In addition to making an important contribution to legal scholarship on the subject of the Commission this book will serve as a reference work, a textbook and an invaluable practitioners tool. "Dr Murray shows a depth of knowledge, a sensitivity in understanding and a passion for the advancement of human rights in Africa. The book makes a contribution to scholarship on the work of the African Commission which has not been widely acknowledged".N Barney Pityana, Member African Commission on Human and Peoples' RightsTABLE OF CONTENTS1 Theoretical Issues2 Evolution of the African Charter and status of Ratification3 The Notion of the State4 The Issue of Personality5 The Dichotomy of Laws Applicable in Times of War and Peace6 The Amicable/Judicial Dichotomy7 ConclusionAppendices I - VIII

The Pillars Of Global Law

Author: Giuliana Ziccardi Capaldo
Publisher: Routledge
ISBN: 1317021347
Size: 41.89 MB
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This book deals with the transformation of the international legal system into a new world order. Looking at concepts and principles, processes and emerging problems, it examines the impact of global forces on international law. In so doing, it identifies a unified set of legal rules and processes from the great variety of state practice and jurisprudence. The work develops a new framework to examine the key elements of the global legal system, termed the 'four pillars of global law': verticalization, legality, integration and collective guarantees. The study provides an in-depth analysis of the differences between traditional international law and the new principles and processes along which the universal society and world power are organized and how this is related to domestic power. The book addresses important changes in key legal issues; it reconstructs a complex legal framework, and the emergence of a new international order that has still not been studied in depth, providing a compass that will prove a useful resource for students, researchers and policy makers within the field of law and with an interest in international relations.

Democracy In International Law

Author: James Crawford
Publisher:
ISBN: 9780521468350
Size: 71.11 MB
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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.

Protecting Democracy

Author: Morton H. Halperin
Publisher: Lexington Books
ISBN: 9780739108246
Size: 21.20 MB
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Over the past several decades, democracy has taken root or been re-established in a number of countries with support from other democratic states and private groups. While the increase in the number of democracies worldwide has been widely heralded, very little has been written on how democracy can be protected and sustained where it has been chosen by the people of a state. In this first comprehensive guide to preventing and responding to threats to coups and erosions in democracies. Through case studies and in-depth analyses, this book provides legal and policy justification for these processes and discusses how they can be made more effective, combining the findings of an international task force on threats to democracy with contributions from leading scholars and policymakers.