During the 1990s, the international system underwent major changes with the end of the ideological divide that was the Cold War. At this time the international system experienced a major movement with the widespread adoption of democratic systems leading academics to speak of an international victory for democracy, a third wave of democratisation and an emerging right to democratic governance. Within a short period of time international law went from a position of supposed ideological neutrality to actively supporting the idea and practice of democracy. Concerns for democracy have been expressed in relation to membership to international organisations, international human rights law, trade conditionality, the process of recognition, multiple levels of governance, election monitoring and as a justification for the use of force. The essays in this collection will provide the reader with the key works in the debate about democracy in international law, demonstrating the wide influence democracy has had, the controversies that surround it and its importance for international law and relations.
'It can serve both as an introduction and as a comprehensive overview of the legal issues and arguments involved….making a useful contribution to the debate.' European Journal of International Law ' A carefully selected collection of essays that represent the leading opinions on the issue at hand, the book will be of enormous help not only to those specialising in international law, but also those studying international relations and politics in general' SCOLAG Journal
Contents: Series preface; Introduction; Part I Democracy and International Law: The emerging right to democratic governance, Thomas Franck; Democracy and international law, James Crawford; Democracy and international law, Gregory H. Fox and Brad Roth. Part II Definition(s) of Democracy in International Law: Democracy in international law: a European perspective, Steven Wheatley; Functional democracy: responding to failures of accountability, Molly Beutz; The right to democracy: a qualitative inquiry, Reginald Ezetah. Part III Democracy and the International System: The Kantian theory of international law, Fernando R. TesÃ³n; International law in a world of liberal states, Anne Marie Slaughter ; International integration and democracy : no love at first sight, Eric Stein. Part IV International Institutions and the Promotion and Protection of Democracy: The United Nations and democracy, Christopher C. Joyner; The promotion and protection of democracy by regional organisations in Europe: the case of Austria, Richard Burchill; Is there a democratic norm in the Americas: an analysis of the organization of American states, Dexter S. Boniface; The OAU and the recognition of governments in Africa: analyzing its practice and proposals for the future, Kofi Oteng Kufuor; Good governance and aid effectiveness: the World Bank and conditionality, Carlos Santiso. Part V Critical/Sceptical Voices on Democracy and International Law: The end of history? Reflections on some international legal theses, Susan Marks; Imagined consent: democratic liberalism in international legal theory, Gerry J. Simpson; Challenging the 'new world order': international law, global democracy and the possibilities for women, Dianne Otto; Human rights and governance: the Asia debate, Yash Ghai; Al-La Nidam: an Arab view of the new world (dis)order, Larbi Sadiki; Name index.