democracy as an international obligation of states and right of the people

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

Author : Linda Wittor
ISBN : 3631674465
Genre : Democratization
File Size : 60. 38 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.

Democracy In International Law

Author : James Crawford
ISBN : 0521468353
Genre : Business & Economics
File Size : 89. 95 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.

Democracy Minorities And International Law

Author : Steven Wheatley
ISBN : 0521848989
Genre : Law
File Size : 70. 61 MB
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Examines the regulation of cultural conflicts from the perspective of international law.

Human Rights And Constitution Making

Author : United Nations Publications
ISBN : 9211542219
Genre :
File Size : 62. 94 MB
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This publication explores human rights in the context of constitution making. It notes the important role of participatory processes which should be designed to ensure that consultations with a wide variety of interest groups and vulnerable parts of the populations take place when a new constitution is drafted. It also focuses on what human rights and fundamental freedoms should be included in a constitution, including civil and political rights as well as economic, social and cultural rights. In addition, it addresses how the rights of women, children, the disabled, minorities and indigenous peoples can be expressed in a new constitution. Examples from over fifty different constitutions are used to illustrate how these rights can be expressed. The publication is designed for drafters of future constitutions, as well as to all those who want to ensure that human rights are protected constitutionally.

Constitutionalism And Democracy

Author : Douglas Greenberg
ISBN : 9780195071078
Genre : Law
File Size : 90. 84 MB
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The American Council of Learned Societies comparative constitutionalism papers.

Human Rights Or Global Capitalism

Author : Manfred Nowak
ISBN : 9780812293494
Genre : Political Science
File Size : 42. 82 MB
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The fall of communism in the late 1980s and the end of the Cold War seemed to signal a new international social order built on pluralist democracy, the rule of law, and universal human rights. But the window of opportunity for creating this more just, more equal, and more secure world slammed shut just as quickly as it opened. Rather than celebrate the triumph of democracy over autocracy, or political freedom over totalitarian rule, the West exulted in the victory of capitalism over communism. Neoliberal policies of deregulation and privatization that minimized the role of the state were imposed on the transitional societies of Central and Eastern Europe, as well as economically weak and politically fragile nations in Africa, Asia, and Latin America. Twenty-five years later, the world reaps the fruits of that market-driven state foundation: inequality; poverty; global economic, food, financial, social, and ecological crises; transnational organized crime and terrorism; proliferating weapons; fragile states. Human Rights or Global Capitalism is not simply concerned with the success or failure of neoliberal policies per se or judging whether they are good or bad. Rather, it examines the application of those policies from a human rights perspective and asks whether states, by outsourcing to the private sector many services with a direct impact on human rights—education, health, social security, water, personal liberty, personal security, equality—abdicate their responsibilities to uphold human rights and thereby violate international human rights law. Manfred Nowak explores these examples and outlines the ways in which neoliberal policies contravene the obligations of states to protect the human rights of their people.

Citizenship And Civil Society

Author : Thomas Janoski
ISBN : 0521635810
Genre : Political Science
File Size : 49. 76 MB
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Rights and obligations are confusing. When people really want or need something they call it a right. Can they simply attach this word to anything they want? Can people disregard obligations with impunity? This book argues that they cannot. One must understand those relationships in specific ways to really know what can or can not be done with rights and obligations in public discourse and politics. They must create a web of interaction between citizens so that more long-term social investments may be made. Professor Janoski shows that individual rights protecting privacy, free speech, and legal access are more highly developed in social democratic countries than in liberal countries. On the other hand, obligations in those same social democratic countries are higher. On the whole, rights and obligations are in balance; or, you get what rights you pay for in terms of fulfilling obligations to the state and society.

The Democratic Legitimacy Of International Law

Author : Steven Wheatley
ISBN : 9781847315861
Genre : Law
File Size : 65. 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.

Democratic Statehood In International Law

Author : Jure Vidmar
ISBN : 9781782250913
Genre : Law
File Size : 21. 77 MB
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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.

Constitutional Violence

Author : Antoni Abat i Ninet
ISBN : 9780748675371
Genre : True Crime
File Size : 33. 9 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

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