Download or read book The Right to Democracy in International Law written by Khalifa A Alfadhel and published by Taylor & Francis. This book was released on 2016-12-19 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Democracies and International Law written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2021-09-30 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.
Download or read book Democracy and International Law written by Gregory H. Fox and published by . This book was released on 2020 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Democratic Governance and International Law written by Gregory H. Fox and published by Cambridge University Press. This book was released on 2000-05-11 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: PART V CRITICAL APPROACHES.
Download or read book Democratic Statehood in International Law written by Jure Vidmar and published by Bloomsbury Publishing. This book was released on 2013-03-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Election Interference written by Jens David Ohlin and published by Cambridge University Press. This book was released on 2020-07-16 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Democratic Legitimacy of International Law written by Steven Wheatley and published by Hart Publishing. This book was released on 2010-06-02 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book restates the deliberative ideal developed by Habermas, and applies this to the systems of global governance.
Download or read book Militant Democracy written by András Sajó and published by Eleven International Publishing. This book was released on 2004 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Effective Governance Under Anarchy written by Tanja A. Börzel and published by Cambridge University Press. This book was released on 2021-04-08 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.
Download or read book International Economic Law in the 21st Century written by Ernst-Ulrich Petersmann and published by Bloomsbury Publishing. This book was released on 2012-07-24 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.
Download or read book How Constitutional Rights Matter written by Adam S. Chilton and published by . This book was released on 2020 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do countries that add rights to their constitutions actually do better at protecting those rights? This study draws on global statistical analyses and survey experiments to answer this question. It explores whether constitutionalizing rights improves respect for those rights in practice.
Download or read book The Heart of Human Rights written by Allen Buchanan and published by Oxford University Press. This book was released on 2013-10-23 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.
Download or read book Defending Human Rights and Democracy in the Era of Globalization written by Akrivopoulou, Christina and published by IGI Global. This book was released on 2016-09-21 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: The era of technology in which we reside has ushered in a more globalized and connected world. While many benefits are gained from this connectivity, possible disadvantages to issues of human rights are developed as well. Defending Human Rights and Democracy in the Era of Globalization is a pivotal resource for the latest research on the effects of a globalized society regarding issues relating to social ethics and civil rights. Highlighting relevant concepts on political autonomy, migration, and asylum, this book is ideally designed for academicians, professionals, practitioners, and upper-level students interested in the ongoing concerns of human rights.
Download or read book The Constitutionalization of International Law written by Jan Klabbers and published by OUP Oxford. This book was released on 2011-04-07 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.
Download or read book Legitimacy Justice and Public International Law written by Lukas H. Meyer and published by Cambridge University Press. This book was released on 2009-11-12 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.
Download or read book Protecting Democracy written by Morton H. Halperin and published by Lexington Books. This book was released on 2005 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Democracy and Goodness written by John R. Wallach and published by Cambridge University Press. This book was released on 2018-01-25 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposes a new democratic theory, rooted in activity not consent, and intrinsically related to historical understandings of power and ethics.
