Towards a Right to Democratic Governance in International Law

2017 ◽  
Vol 31 (1) ◽  
pp. 3-31
Author(s):  
Udoka Owie
1999 ◽  
Vol 48 (3) ◽  
pp. 545-581 ◽  
Author(s):  
Sean D. Murphy

In a seminal 1992 article Thomas Franck postulated the emergence in international law of a right to democratic governance.1 Franck argued that, increasingly, the acceptance of a government by other States turns on whether the government governs with the consent of its people.In supporting this notion, Franck pointed to events such as the 1991 effort by Haitian military and police authorities to overthrow the elected President of Haiti, Jean-Bertrand Aristide. Although those authorities exercised complete control over Haiti, the international community condemned the coup leaders, refused to engage in normal diplomatic relations with them or to seat their representatives at international organisations, and instead continued to recognise the exiled President Aristide as representing the legitimate government of Haiti. Severe economic and ultimately military sanctions were imposed on Haiti, and finally, in 1994, the coup leaders were forced to relinquish power. President Aristide then returned to Haiti to complete his term as president.


AJIL Unbound ◽  
2018 ◽  
Vol 112 ◽  
pp. 84-88
Author(s):  
Khalifa A. Alfadhel

The downfall of the Soviet Bloc in the early 1990s led to an atmosphere of exaggerated victory, notably captured in Francis Fukuyama's famous book, The End of History, which celebrated the ideological triumph of democracy as a unanimously agreed-upon ideal form of government. The international law literature was not immune from the sense of democratic rejoicing. Of special note in this regard was the notion of an entitlement to democracy, introduced by the late Thomas Franck. Drawing on ideas of self-determination in international law, which themselves date back to the American Declaration of Independence, Franck postulated an “emerging right to democratic governance.” He stipulated that “[s]elf-determination postulates the right of a people organised in an established territory to determine its collective political destiny in a democratic fashion and is therefore at the core of the democratic entitlement.” This essay considers Franck's claims, and argues that his view of democracy was too thin; instead, the essay argues for an instrumental conception of democracy that ties it to other rights and entitlements.


2008 ◽  
Vol 50 (4) ◽  
pp. 91-121 ◽  
Author(s):  
Amanda M. Fulmer ◽  
Angelina Snodgrass Godoy ◽  
Philip Neff

AbstractUsing a case study of a controversial mine in an indigenous area of Guatemala, this article explores the transnational dynamics of development and regulation of large-scale extractive industry projects in the developing world. It examines the roles played in the Marlin mine dispute by national law, international law, international financial institutions, and corporate social responsibility. It concludes that these legal regimes have a role in protecting human rights but have not addressed the fundamental questions of democratic governance raised by this case.


Author(s):  
Christian Leuprecht ◽  
Hayley McNorton

Democracy needs to be defended, and intelligence is the first line of defence. However, the liberal-democratic norm of limited state intervention in the lives of citizens means that security and accountability are in tension insofar as their first principles are diametrically opposed: whereas openness and transparency are hallmarks of democratic governance, operational secrecy—in relation to other states, to democratic society, and to other parts of government—is the essence of intelligence tradecraft. Intelligence accountability reconciles democracy and security through transparent standards, guidelines, legal frameworks, executive directives, and international law. Evolving executive, legislative, judicial, and bureaucratic mechanisms for intelligence oversight and review have become a distinct feature of democratic regimes. Over recent decades legislative and judicial components have been added to complement administrative and executive accountability. Using a most-similar systems design to compare intelligence accountability in the United States, the United Kingdom, Canada, Australia, and New Zealand, this book expands compliance as the sine qua non of intelligence to gauge effectiveness, efficiency, and innovation across the intelligence community. In the context of changing technology and threat vectors that have significantly affected, altered, and expanded the role, powers, and capabilities of intelligence, this book compares the institutions, composition, practices, characteristics, and cultures of intelligence accountability systems across the world’s oldest and most powerful intelligence alliance. In an asymmetric struggle against unprincipled adversaries, accountability has to reassure a sceptical public that the intelligence and security community plays by the same rules that democracies are committed to defend.


2002 ◽  
Vol 3 (9) ◽  
Author(s):  
Euan Macdonald

It seems to be beyond any reasonable doubt that the events of 11th September 2001, and the subsequent responses thereto, will have profound and far-reaching effects on the discipline of public international law. What seems equally certain is that international lawyers in general, and particularly those schooled in the “European” approach to the discipline, will view these developments with varying degrees of gloom. In this article, however, I want to suggest that, in one small but fundamentally important area, the terrorist attacks may arguably have a positive effect on the progressive development of international legal norms.


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