Democracy and International Law

  title={Democracy and International Law},
  author={Jan Wouters and Bart De Meester and Cedric Ryngaert},
  journal={Netherlands Yearbook of International Law},
Traditionally, international law has barely paid attention to the democratic legitimacy of its most important subjects – states –, having been concerned only with relations between states and not within them. The neutral position of international law vis-a-vis a state's internal form of government changed after the collapse of communism. The question of whether the citizen could claim democratic governance, made headway. The normative value of democracy has also deeply influenced the foreign… Expand
6 Citations
International Law, Cultural Diversity, and Democratic Rule: Beyond the Divide Between Universalism and Relativism
The conflict between ethical universalism and cultural diversity remains a pre-eminent problem of the present international legal system. International law is in a dilemma. It cannot abstain fromExpand
Democratic Legitimacy and the Rule of Law in Investor-State Dispute Settlement under CETA
In recent years only, investor-state dispute settlement has come into the focus of public debate. In particular in Germany and Austria, but also in other EU Member States its democratic legitimacy isExpand
‘Pro-Democratic’ Intervention and the Right to Political Self-Determination: The Case of Operation Iraqi Freedom
Scholarly literature has generally considered the phenomenon of pro-democratic interventions from the perspective of state-sovereignty, the prohibition of the use of force, and the principle ofExpand
Principle of necessity in China – intellectual property rights
Purpose – The paper aims to examine whether the panel and parties of China – Intellectual Property Rights could have applied the general principle of necessity developed under Article XX of theExpand
International Standardization and the Agreement on Technical Barriers to Trade
International Standardization and the Agreement on Technical Barriers to Trade examines the international standardization system generally, with a specific focus on some of the bodies within thisExpand


Democratic Governance and International Law: International law, democracy, and the end of history
Democracy used to be a word that international legal commentators preferred to avoid. At least by the second half of the present century, this was not because too few governments identifiedExpand
Democracy in International Law: A European Perspective
  • S. Wheatley
  • Sociology
  • International and Comparative Law Quarterly
  • 2002
For lawyers in general, and international lawyers in particular, democracy is a neglected concept. Discourse is dominated by the ideas of human rights for individuals and minority orExpand
Democratizing the WTO
As the WTO accretes power, challenges to its authority will only increase. The phrase "democracy deficit" has been used in different literatures, as applied to different institutions, to express aExpand
The Emerging Right to Democratic Governance
Legitimacy in 1991 flows not from the barrel of a gun but from the will of the people. U.S. Secretary of State James A. Baker III I know what real democracy is, what democracy is worth. AExpand
Democratic Legitimacy and the Recognition of States and Governments
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 otherExpand
The Contribution of Democracy to Rebuilding Postconflict Societies
  • S. Barnes
  • Sociology
  • American Journal of International Law
  • 2001
The central question of postconflict societies remains political: how to construct a stable form of domestic power sharing and governance. Adversaries mutually exhausted by conflict will still set anExpand
Introduction: The spread of liberal democracy and its implication for international law Gregory H. Fox and Brad R. Roth Part I. The Normative Foundations of a Right to Political Participation: 1.Expand
Customary International Law as Federal Common Law: A Critique of the Modern Position
In the last twenty years, a consensus has developed among courts and scholars that customary international law has the status of federal common law. We label this consensus the "modern position."Expand
The European Union in search of a democratic and constitutional theory
Introduction. Part I. Democratic and Constitutional Theory at the Cross-Roads. I. Democracy, Legitimacy and Constitutionalism: Basic Notions. II. Statal Democratic and Constitutional Theory under theExpand
The role of the World Trade Organization in global governance
The World Trade Organization is a major player in the field of global governance. Since its creation in January 1995, it has expanded the reach of trade rules deep into the regulatory structure ofExpand