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The Democratic Legitimacy of International Law


ISBN13: 9781841138176
Published: June 2010
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £120.00



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While international institutions continue to affirm that democracy is the only legitimate form of domestic government, the globalisation of governance has resulted in the removal of many issues from the domestic arena and the political control of citizens.

This is the now widely recognised “democratic legitimacy deficit” in international law, which encompasses traditional forms of inter-nation law, and new forms of international governance by non-state actors (the Security Council and World Bank for example). The standard response is to argue for the replication of domestic institutions at the global level, restructuring the international order along cosmopolitan lines.

In contrast, this work accepts the extant, fragmented system, and develops the idea that the counterfactual ideal of deliberative democracy developed by Jürgen Habermas (among others) can provide the basis for thinking about the exercise of political authority beyond the state, and explores an alternative view of the nature and purposes of the modern system of international law.

In traversing this terrain, this book addresses, inter alia, questions about the democratic legitimacy of ‘Westphalian’ inter-nation law, the idea of democratic self-determination, the twin facts of the constitutionalisation of international law and the practice of the democratic peace, the problems inherent in discerning, in an era of global legal pluralism, the extent to which we regard international governance norms as ‘law’, and the impact of the fact of globalised governance through law on the fundamental theory and practice of democracy (a model developed in the context of the state).

Subjects:
Public International Law
Contents:
Introduction
Globalisation and the Democratic Deficit
The Democratic Legitimacy of International Law
The Structure of the Book
1. The Democratic Deficit in Global Governance
The 'Vertical' Complaint
The 'Horizontal' Complaint
The 'Ideological' Complaint
The Democratisation of Global Governance
Reaffirming Sovereignty
A Global Democratic State
A Global Democratic Federation
A Democratic Peace
Perpetual Peace
A Law of Peoples
Cosmopolitan Democratic Law
Democratising International Institutions
International Parliamentary Assemblies
A UN Parliamentary Assembly
The Accountability Deficit
The Role of Experts
The Accountability of International Organisations
Global Discourses: the Role of International Civil Society
Conclusion
2. Democracy Within and Beyond the State
International Law and the Democratic Deficit
Politically Decidable Issues
Deliberative Democracy
Deliberative Majorities
Deliberative Politics
Human Rights in a Democracy
The Parliamentary Principle of Democracy
Challenging Democratic Truths: the Role of Judicial Review
Deliberative Democracy Beyond the State
Conclusion
3. The State as (Democratic) Self-Legislator
The Sovereign State
The State as Self-Legislator
Contractual Autonomy
Law-Making Treaties
Deliberative Diplomacy
The Indeterminacy of International Law Obligations
The Problem of Customary International Law
The Role of the International Law Profession
A Modern Form of Customary International Law
General Principles of Law
The Writings of Publicists and Judgments of Courts
The Writings of Publicists
The Judgments of Courts
Conclusion
4. The Constitutionalization of International Law
From Contract to Governance
Community Interests and Constitutionalisation
The Constitutionalisation of International Law
The Normative Hierarchy of International Law
Article 103, Charter of the United Nations
The International Constitution
The International Constitutional Order
Liberal Democratic Values in International Law
Rule of Law
International Human Rights Law
Human Rights in the United Nations System
The Construction of the Liberal State
Conclusion
5. Democracy in International Law
Democracy in International Law
Democratic Self-Determination
A (Human) Right to Democracy
Democracy in the Practice of States
Membership of International Organisations
Democracy in the International Law Order
Democratic Regime Change in International Law
Operation Enduring Freedom (Afghanistan)
Operation Iraqi Freedom
Conclusion
6. International Governance by Non-State Actors
Global Governance
International 'Soft' Law
Non-State Actors as Law-Makers
The UN Security Council
'Networks' of Officials: Basel Committee on Banking Standards
Public-Private Partnerships: World Commission on Dams
Private International Governance Schemes
Governance by Non-State Actors
7. A Concept of (International) Law
The Concept of (State) Law
Autopoiesis: Law as a Closed System of Communication
Global Bukowina
The Fragmentation of International Law
Constitutionalisation Beyond the State
The Idea of Law
The Idea of Authority
Democracy and the Concept of Authority
A Revised Concept of Law
8. Deliberative Democracy Beyond the State
The Idea of Constituent Power
Democracy and the Exercise of Political Authority
Those Affected/Subjected
The Political Concept of Global Justice
Conclusion
9. Democracy in Conditions of Global Legal Pluralism
Pluralism in Global Governance
Normative Pluralism
What is Legal Pluralism?
Global Legal Pluralism
Rethinking Global Legal Pluralism
State Law and International Law
Relationship Between Democracy and international Law
The Limits of International Law
Democracy-Enhancing International Law
Constitutional Self-Limitation
International Law as a Pre-Commitment Device
A Contestable International Rule of Law
Conclusion
Conclusion: Democracy and the Public International Lawyer

Series: Hart Studies in International Law

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Predictability and Flexibility in the Law of Maritime Delimitation 2nd ed ISBN 9781509912117
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Arctic Law and Governance: The Role of China and Finland ISBN 9781509930098
Published June 2019
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£34.99
Complicity in International Criminal Law ISBN 9781509928903
Published May 2019
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£32.99
Economic Sanctions and International Law ISBN 9781509927524
Published February 2019
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£37.99
Economic Sanctions and International Law (eBook) ISBN 9781782254737
Published February 2019
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£34.19
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Complicity and its Limits in the Law of International Responsibility ISBN 9781509926770
Published January 2019
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£39.99
Human Rights and Drug Control: The False Dichotomy ISBN 9781509926435
Published December 2018
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£34.99
Security and International Law ISBN 9781509924752
Published October 2018
Hart Publishing
£38.99
Human Rights Obligations of Non-State Armed Groups ISBN 9781509924431
Published September 2018
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£36.99
Diplomatic Interference and the Law ISBN 9781509924592
Published August 2018
Hart Publishing
£41.99
£31.49
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£90.00
Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781509918393
Published December 2017
Hart Publishing
£33.99
Non-State Actors in International Law ISBN 9781509917839
Published December 2017
Hart Publishing
£74.99
The Contractual Nature of the Optional Clause ISBN 9781509917686
Published October 2017
Hart Publishing
£41.99
£31.49
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£85.00
£95.00
£35.99
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Arctic Law and Governance: The Role of China and Finland ISBN 9781849467025
Published February 2017
Hart Publishing
£90.00
Arctic Law and Governance: The Role of China and Finland (eBook) ISBN 9781509911493
Published February 2017
Hart Publishing
£31.49
(ePub)
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International Law and Child Soldiers ISBN 9781509913831
Published January 2017
Hart Publishing
£31.99
Complicity in International Criminal Law (eBook) ISBN 9781509900091
Published December 2016
Hart Publishing
£29.69
(ePub)
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Complicity in International Criminal Law ISBN 9781509900084
Published December 2016
Hart Publishing
£85.00
Economic Sanctions and International Law ISBN 9781849465908
Published October 2016
Special offer (limited stock)
£95.00
Corruption and Human Rights Law in Africa ISBN 9781509908455
Published September 2016
Hart Publishing
£32.99
£35.99
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Complicity and its Limits in the Law of International Responsibility ISBN 9781782259404
Published September 2016
Hart Publishing
£95.00
Human Rights and Drug Control: The False Dichotomy ISBN 9781849467063
Published August 2016
Hart Publishing
£90.00
Human Rights and Drug Control: The False Dichotomy (eBook) ISBN 9781509901135
Published August 2016
Hart Publishing
£31.49
(ePub)
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Security and International Law (eBook) ISBN 9781782255895
Published June 2016
Hart Publishing
£35.09
(ePub)
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Security and International Law ISBN 9781849466349
Published June 2016
Hart Publishing
£95.00
Human Rights Obligations of Non-State Armed Groups ISBN 9781509901630
Published May 2016
Hart Publishing
£90.00
Human Rights Obligations of Non-State Armed Groups (eBook) ISBN 9781509901654
Published May 2016
Hart Publishing
£33.29
(ePub)
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Diplomatic Interference and the Law (eBook) ISBN 9781509902781
Published April 2016
Hart Publishing
£37.79
(ePub)
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Diplomatic Interference and the Law ISBN 9781849464369
Published April 2016
Hart Publishing
£95.00
Law's Impunity: Responsibility and the Modern Private Military Company (eBook) ISBN 9781782259626
Published September 2015
Hart Publishing
£30.59
(ePub)
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Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781849465168
Published September 2015
Hart Publishing
£85.00
Statelessness: The Enigma of the International Community ISBN 9781849469692
Published August 2015
Hart Publishing
£33.99
Non-State Actors in International Law ISBN 9781849465113
Published August 2015
Hart Publishing
£160.00
Non-State Actors in International Law (eBook) ISBN 9781509901869
Published August 2015
Hart Publishing
£67.49
(ePub)
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The Contractual Nature of the Optional Clause (eBook) ISBN 9781509901449
Published July 2015
Hart Publishing
£37.79
(ePub)
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The Contractual Nature of the Optional Clause ISBN 9781849468664
Published July 2015
Hart Publishing
£95.00
International Law and Child Soldiers ISBN 9781849465205
Published January 2015
Hart Publishing
£85.00
International Law and Child Soldiers (eBook) ISBN 9781782254348
Published January 2015
Hart Publishing
£28.79
(ePub)
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Corruption and Human Rights Law in Africa (eBook) ISBN 9781782254539
Published July 2014
Hart Publishing
£29.69
(ePub)
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Corruption and Human Rights Law in Africa ISBN 9781849466370
Published July 2014
Hart Publishing
£85.00
Statelessness: The Enigma of the International Community (eBook) ISBN 9781782253747
Published April 2014
Hart Publishing
£30.59
(ePub)
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Statelessness: The Enigma of the International Community ISBN 9781849465076
Published April 2014
Hart Publishing
£95.00
International Law and the Construction of the Liberal Peace ISBN 9781849462440
Published July 2013
Hart Publishing
£85.00
International Law and the Construction of the Liberal Peace (eBook) ISBN 9781782251774
Published July 2013
Hart Publishing
£76.50
(ePub)
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An Equitable Framework for Humanitarian Intervention (eBook) ISBN 9781782251279
Published May 2013
Hart Publishing
£85.50
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An Equitable Framework for Humanitarian Intervention ISBN 9781849464048
Published May 2013
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£95.00
£70.00
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Europe and Extraterritorial Asylum ISBN 9781849462709
Published March 2012
Hart Publishing
£95.00
Europe and Extraterritorial Asylum (eBook) ISBN 9781847319074
Published March 2012
Hart Publishing
£85.50
(ePub)
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Promises of States under International Law ISBN 9781849462327
Published January 2012
Hart Publishing
£140.00
Promises of States under International Law (eBook) ISBN 9781847318787
Published January 2012
Hart Publishing
£126.00
(ePub)
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£85.50
(ePub)
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Accounting for Hunger: The Right to Food in the Era of Globalization ISBN 9781849462266
Published November 2011
Hart Publishing
£95.00
The Militarisation of Peacekeeping in the Twenty-First Century ISBN 9781849461146
Published November 2011
Hart Publishing
£100.00
The Militarisation of Peacekeeping in the Twenty-First Century (eBook) ISBN 9781847318183
Published November 2011
Hart Publishing
£90.00
(ePub)
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£95.00
International Humanitarian Law and Terrorism ISBN 9781849461375
Published July 2011
Hart Publishing
£150.00
Multi-Sourced Equivalent Norms in International Law ISBN 9781849461450
Published March 2011
Hart Publishing
£100.00
Multi-Sourced Equivalent Norms in International Law (eBook) ISBN 9781847317827
Published March 2011
Hart Publishing
£90.00
(ePub)
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Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
Published January 2011
Hart Publishing
£90.00
Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
Published January 2011
Hart Publishing
£95.00
Human Dignity and the Foundations of International Law (eBook) ISBN 9781847318060
Published June 2010
Hart Publishing
£34.19
(ePub)
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Human Dignity and the Foundations of International Law ISBN 9781849460897
Published June 2010
Hart Publishing
£37.99
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781849461177
Published June 2010
Hart Publishing
£39.99
£140.00
Sovereignty and the Stateless Nation: Gibraltar in the Modern Legal Context ISBN 9781841139166
Published October 2009
Hart Publishing
£130.00
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Human Dignity and the Foundations of International Law ISBN 9781841133577
Published June 2009
Hart Publishing
£85.00
Counterterrorism: Democracy’s Challenge ISBN 9781841138183
Published July 2008
Hart Publishing
£100.00
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781841136189
Published March 2008
Hart Publishing
£95.00
Forced Migration, Human Rights and Security
Edited by: Jane McAdam
ISBN 9781841137704
Published March 2008
Hart Publishing
£80.00
Human Security and International Law: Prospects and Problems ISBN 9781841136103
Published December 2007
Hart Publishing
£85.00
Biotechnologies and International Human Rights ISBN 9781841137032
Published February 2007
Hart Publishing
£120.00
Transnational Corporations and Human Rights ISBN 9781841136530
Published September 2006
Hart Publishing
£140.00
Biotechnology and International Law ISBN 9781841136318
Published June 2006
Hart Publishing
£130.00
Predictability and Flexibility in the Law of Maritime Delimitation ISBN 9781841135816
Published May 2006
Hart Publishing
Out of print
£49.99
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841135663
Published November 2005
Hart Publishing
£69.99
Regional Organisations and Development of Collective Security ISBN 9781841134802
Published November 2004
Hart Publishing
£95.00
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841134307
Published July 2004
Hart Publishing
£150.00
The Permanent International Criminal Court ISBN 9781841132815
Published March 2004
Hart Publishing
£90.00
The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
Published January 2004
Hart Publishing
£130.00
Toxics and Transnational Law: International and European Regulation of Toxic Substances as Legal Symbolism
Marc PallemaertsVrije Universiteit Brussel, Brussels and Universite Libre de Bruxelles, Brussels
ISBN 9781841131290
Published June 2003
Hart Publishing
£190.00
Between Light and Shadow ISBN 9781841133904
Published March 2003
Hart Publishing
£95.00