The Right to Democracy in International Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Right to Democracy in International Law PDF full book. Access full book title The Right to Democracy in International Law by Khalifa A Alfadhel. Download full books in PDF and EPUB format.
Author: Khalifa A Alfadhel
Publisher: Taylor & Francis
ISBN: 1351865323
Category : Law
Languages : en
Pages : 124
Get Book Here
Book Description
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. 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. Khalifa A. Alfadhel draws on the work of John Rawls in order to put forward a theoretical basis for the right to democracy.
Author: Khalifa A Alfadhel
Publisher: Taylor & Francis
ISBN: 1351865323
Category : Law
Languages : en
Pages : 124
Get Book Here
Book Description
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. 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. 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
Publisher:
ISBN: 9781788114745
Category : Democracy
Languages : en
Pages : 944
Get Book Here
Book Description
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: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 1108843131
Category : Law
Languages : en
Pages : 349
Get Book Here
Book Description
Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.
Author: Gregory H. Fox
Publisher: Cambridge University Press
ISBN: 9780521667968
Category : Law
Languages : en
Pages : 604
Get Book Here
Book Description
PART V CRITICAL APPROACHES.
Author: Steven Wheatley
Publisher: Cambridge University Press
ISBN: 9780521848985
Category : Law
Languages : en
Pages : 246
Get Book Here
Book Description
Examines the regulation of cultural conflicts from the perspective of international law.
Author: Jens David Ohlin
Publisher: Cambridge University Press
ISBN: 1108861326
Category : Law
Languages : en
Pages : 233
Get Book Here
Book Description
Russian interference in the 2016 US presidential election produced the biggest political scandal in a generation, marking the beginning of an ongoing attack on democracy. In the run-up to the 2020 election, Russia was found to have engaged in more “information operations,” a practice that has been increasingly adopted by other countries. In Election Interference, Jens David Ohlin makes the case that these operations violate international law, not as a cyberwar or a violation of sovereignty, but as a profound assault on democratic values protected by the international legal order under the rubric of self-determination. He argues that, in order to confront this new threat to democracy, countries must prohibit outsiders from participating in elections, enhance transparency on social media platforms, and punish domestic actors who solicit foreign interference. This important book should be read by anyone interested in protecting election integrity in our age of social media disinformation.
Author: Jure Vidmar
Publisher: Bloomsbury Publishing
ISBN: 1782250913
Category : Law
Languages : en
Pages : 336
Get Book Here
Book Description
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
ISBN: 1847315860
Category : Law
Languages : en
Pages : 424
Get Book Here
Book Description
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: András Sajó
Publisher: Eleven International Publishing
ISBN: 9077596046
Category : Civil rights
Languages : en
Pages : 271
Get Book Here
Book Description
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.
Author: Morton H. Halperin
Publisher: Lexington Books
ISBN: 9780739108246
Category : Political Science
Languages : en
Pages : 372
Get Book Here
Book Description
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.
