Democratic Governance and International Law

Front Cover
Gregory H. Fox, Brad R. Roth
Cambridge University Press, May 11, 2000 - Law - 585 pages
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.
 

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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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