Democratic Governance and International Law

by Edited by Gregory H. Fox , Brad R. Roth

• ISBN13: 9780521667968
• ISBN10: 0521667968
• Format: Paperback
• Copyright: 2000-05-29
• Publisher: Cambridge University Press

Summary

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.

Table of Contents

List of contributors	viii
List of acknowledgments	xii
Introduction: the spread of liberal democracy and its implications for international law	1	(24)
Gregory H. Fox
Brad R. Roth
PART I THE NORMATIVE FOUNDATIONS OF A RIGHT TO POLITICAL PARTICIPATION
Legitimacy and the democratic entitlement	25	(23)
Thomas M. Franck
The right to political participation in international law	48	(43)
Gregory H. Fox
Democracy and the body of international law	91	(32)
James Crawford
PART II DEMOCRACY AND INTER-STATE RELATIONS
Democratic legitimacy and the recognition of States and governments	123	(32)
Sean D. Murphy
Constitutionalism and democratic government in the inter-American system	155	(44)
Stephen J. Schnably
Government networks: the heart of the liberal democratic order	199	(40)
Anne-Marie Slaughter
PART III DEMOCRACY AND THE USE OF FORCE
Sovereignty and human rights in contemporary international law	239	(20)
W. Michael Reisman
``You, the People'': pro-democratic intervention in international law	259	(34)
Michael Byers
Simon Chesterman
Pro-democratic intervention by invitation	293	(35)
David Wippman
The illegality of ``pro-democratic'' invasion pacts	328	(15)
Brad R. Roth
International law and the ``liberal peace''	343	(46)
John M. Owen, IV
PART IV DEMOCRATIZATION AND CONFLICTING IMPERATIVES
Intolerant democracies	389	(47)
Gregory H. Fox
Georg Nolte
Whose intolerance, which democracy?	436	(5)
Martti Koskenniemi
Democratic intolerance: observations on Fox and Nolte	441	(4)
Brad R. Roth
A defense of the ``intolerant democracies'' thesis	445	(4)
Gregory H. Fox
Georg Nolte
Democracy and accountability: the criss-crossing paths of two emerging norms	449	(44)
Steven R. Ratner
PART V CRITICAL APPROACHES
Evaluating democratic progress	493	(24)
Brad R. Roth
What kind of democracy does the ``democratic entitlement'' entail?	517	(15)
Jan Knippers Black
International law, democracy, and the end of history	532	(35)
Susan Marks
Index	567