Democratic Statehood In International Law

Author : Jure Vidmar
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250913
Total Pages : 302 pages
Book Rating : 4.13/5 ( download)

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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 302 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.

Author : James Crawford
Publisher : Cambridge University Press
ISBN 13 : 9780521468350
Total Pages : 48 pages
Book Rating : 4.53/5 ( download)

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Download or read book Democracy in International Law written by James Crawford and published by Cambridge University Press. This book was released on 1994-04-28 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : James Crawford
Publisher : Oxford University Press
ISBN 13 : 0198260024
Total Pages : 943 pages
Book Rating : 4.28/5 ( download)

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Download or read book The Creation of States in International Law written by James Crawford and published by Oxford University Press. This book was released on 2006 with total page 943 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition brings the treatment of statehood in the field of international law up to date. It retains a wealth of historical material and introduces new problems such as the disposition of territory in Kosovo and East Timor, claims for secession in Chechnya and Quebec and devolution in Scotland.

Author : Gregory H. Fox
Publisher : Cambridge University Press
ISBN 13 : 9780521667968
Total Pages : 604 pages
Book Rating : 4.68/5 ( download)

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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.

Author : Daniel Erasmus Khan
Publisher : BRILL
ISBN 13 : 9004508716
Total Pages : 460 pages
Book Rating : 4.12/5 ( download)

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Download or read book Democracy and Sovereignty written by Daniel Erasmus Khan and published by BRILL. This book was released on 2022-11-28 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our world is in urgent need of global answers on subjects such as Big Data, climate change, and the interconnected global economy. This volume tackles those issues and more, with the goal of advancing more democratic modes of decision-making.

Author : Carnegie Endowment for International Peace. Division of International Law
Publisher :
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.90/5 ( download)

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Download or read book The Effect of Democracy on International Law written by Carnegie Endowment for International Peace. Division of International Law and published by . This book was released on 1917 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Khalifa A Alfadhel
Publisher : Routledge
ISBN 13 : 1351865315
Total Pages : 156 pages
Book Rating : 4.19/5 ( download)

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Download or read book The Right to Democracy in International Law written by Khalifa A Alfadhel and published by Routledge. This book was released on 2016-12-19 with total page 156 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 through identification of the relevant State practice and opinio juris, as well as through an evaluation of the Universal Declaration of Human Rights and whether the relevant provisions might be interpreted as forming 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 including the European Court of Human Rights and the Arab human rights regime. Khalifa A. Alfadhel draws on the work of John Rawls in order to put forward a theoretical basis for the right to democracy.

Author : Jackson Harvey Ralston
Publisher :
ISBN 13 :
Total Pages : 154 pages
Book Rating : 4.54/5 ( download)

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Download or read book Democracy's International Law written by Jackson Harvey Ralston and published by . This book was released on 1922 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Steven Wheatley
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315860
Total Pages : 424 pages
Book Rating : 4.61/5 ( download)

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Download or read book The Democratic Legitimacy of International Law written by Steven Wheatley and published by Bloomsbury Publishing. This book was released on 2010-06-02 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Christine Chinkin
Publisher : Cambridge University Press
ISBN 13 : 1316218090
Total Pages : 529 pages
Book Rating : 4.99/5 ( download)

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Download or read book Sovereignty, Statehood and State Responsibility written by Christine Chinkin and published by Cambridge University Press. This book was released on 2015-02-12 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays focusses on the following concepts: sovereignty (the unique, intangible and yet essential characteristic of states), statehood (what it means to be a state, and the process of acquiring or losing statehood) and state responsibility (the legal component of what being a state entails). The unifying theme is that they have always been and will in the future continue to form a crucial part of the foundations of public international law. While many publications focus on new actors in international law such as international organisations, individuals, companies, NGOs and even humanity as a whole, this book offers a timely, thought-provoking and innovative reappraisal of the core actors on the international stage: states. It includes reflections on the interactions between states and non-state actors and on how increasing participation by and recognition of the latter within international law has impacted upon the role and attributes of statehood.