Democratic Governance and International Law

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Publisher : Cambridge University Press
ISBN 13 : 9780521667968
Total Pages : 604 pages
Book Rating : 4.6/5 (679 download)

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Book Synopsis Democratic Governance and International Law by : Gregory H. Fox

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.

Democratic Governance and International Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521660952
Total Pages : 600 pages
Book Rating : 4.6/5 (69 download)

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Book Synopsis Democratic Governance and International Law by : Gregory H. Fox

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 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how the post-Cold War democratic revolution has affected international law. Traditionally, international law said little about the way in which governments were chosen. In the 1990s, however, international law has been deployed to encourage transitions to democracy, and to justify the armed expulsion of military juntas that overthrow elected regimes. In this volume, leading international legal scholars assess this change in international law and ask whether a commitment to democracy is consistent with the structure and rules of the international legal system.

Democracy and International Law

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Publisher :
ISBN 13 : 9781788114745
Total Pages : 944 pages
Book Rating : 4.1/5 (147 download)

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Book Synopsis Democracy and International Law by : Gregory H. Fox

Download or read book Democracy and International Law written by Gregory H. Fox and published by . This book was released on 2020 with total page 944 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a 'democratic entitlement' was emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. Together with an original introduction, this volume collects the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent 'democratic recession' in many regions of the world.

Democracy in International Law

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Publisher : Cambridge University Press
ISBN 13 : 9780521468350
Total Pages : 48 pages
Book Rating : 4.4/5 (683 download)

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Book Synopsis Democracy in International Law by : James Crawford

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.

Democracies and International Law

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Publisher : Cambridge University Press
ISBN 13 : 110891022X
Total Pages : 349 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Democracies and International Law by : Tom Ginsburg

Download or read book Democracies and International Law written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2021-09-30 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracies and authoritarian regimes have different approaches to international law, grounded in their different forms of government. As the balance of power between democracies and non-democracies shifts, it will have consequences for international legal order. Human rights may face severe challenges in years ahead, but citizens of democratic countries may still benefit from international legal cooperation in other areas. Ranging across several continents, this volume surveys the state of democracy-enhancing international law, and provides ideas for a way forward in the face of rising authoritarianism.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

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Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Global Governance and Democracy

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Publisher : Edward Elgar Publishing
ISBN 13 : 1781952620
Total Pages : 304 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Global Governance and Democracy by : Jan Wouters

Download or read book Global Governance and Democracy written by Jan Wouters and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization needs effective global governance. The important question of whether this governance can also become democratic is, however, the subject of a political and academic debate that began only recently. This multidisciplinary book aims to move this conversation forward by drawing insights from international relations, political theory, international law and international political economy. Focusing on global environmental, economic, security and human rights governance, it sheds new light on the democratic deficit of existing global governance structures, and proposes a number of tools to overcome it.

Globalization and Sovereignty

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Publisher : Cambridge University Press
ISBN 13 : 1139560263
Total Pages : pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Globalization and Sovereignty by : Jean L. Cohen

Download or read book Globalization and Sovereignty written by Jean L. Cohen and published by Cambridge University Press. This book was released on 2012-08-02 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty and the sovereign state are often seen as anachronisms; Globalization and Sovereignty challenges this view. Jean L. Cohen analyzes the new sovereignty regime emergent since the 1990s evidenced by the discourses and practice of human rights, humanitarian intervention, transformative occupation, and the UN targeted sanctions regime that blacklists alleged terrorists. Presenting a systematic theory of sovereignty and its transformation in international law and politics, Cohen argues for the continued importance of sovereign equality. She offers a theory of a dualistic world order comprised of an international society of states, and a global political community in which human rights and global governance institutions affect the law, policies, and political culture of sovereign states. She advocates the constitutionalization of these institutions, within the framework of constitutional pluralism. This book will appeal to students of international political theory and law, political scientists, sociologists, legal historians, and theorists of constitutionalism.

The Riddle of All Constitutions

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Publisher : Oxford University Press, USA
ISBN 13 : 9780199264131
Total Pages : 180 pages
Book Rating : 4.2/5 (641 download)

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Book Synopsis The Riddle of All Constitutions by : Susan Marks

Download or read book The Riddle of All Constitutions written by Susan Marks and published by Oxford University Press, USA. This book was released on 2003 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: The promotion of democracy is today a familiar feature of foreign policy, and an accepted part of the activities of international organizations. Should international law join in this move to promote democratic political arrangements? If so, on what basis, and with which of the many competingconceptions of democracy? Drawing on an eclectic range of source material, the author examines current debates about the emergence of an international legal 'norm of democratic governance', and considers how proposals for such a norm might be rearticulated to meet some of the concerns to which theygive rise. She also uses these debates to illustrate some more general points about approaches to the study of international law. In doing so, she seeks to defend an approach to international legal scholarship that takes its cue from the tradition of ideology critique.

Legitimacy in International Law

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Publisher : Springer Science & Business Media
ISBN 13 : 3540777644
Total Pages : 422 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis Legitimacy in International Law by : Rüdiger Wolfrum

Download or read book Legitimacy in International Law written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2008-02-26 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

Democracy, Law and Governance

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Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409497127
Total Pages : 283 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Democracy, Law and Governance by : Professor Jacques Lenoble

Download or read book Democracy, Law and Governance written by Professor Jacques Lenoble and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates why a sound theoretical approach to the concept of law results in opening up the theory of law to the debate on governance in the social sciences. Secondly, it reconstructs the underpinnings of recent debate on governance, focusing on the pragmatist turn that has marked efforts to overcome the inadequacies of both the economic and the deliberative approaches. In fulfilling this second goal, it examines the advances yielded by the pragmatist turn as well as its limitations, and concludes by proposing a theoretical approach for dealing with them. This illuminating book applies recent research in both theory of law and theory of governance to deepen the analytic impact of the recent pragmatist revival.

Governmental Illegitimacy in International Law

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Publisher :
ISBN 13 : 9780199243013
Total Pages : 476 pages
Book Rating : 4.2/5 (43 download)

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Book Synopsis Governmental Illegitimacy in International Law by : Brad R. Roth

Download or read book Governmental Illegitimacy in International Law written by Brad R. Roth and published by . This book was released on 1999 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: When is a de facto authority not entitled to be considered a 'government' for the purposes of International Law? In this book, Brad Roth offers a detailed examination of collective non-recognition of governments.

The Right to Democracy in International Law

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Publisher : Taylor & Francis
ISBN 13 : 1351865323
Total Pages : 124 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis The Right to Democracy in International Law by : Khalifa A Alfadhel

Download or read book The Right to Democracy in International Law written by Khalifa A Alfadhel and published by Taylor & Francis. This book was released on 2016-12-19 with total page 124 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.

Transnational Governance and Constitutionalism

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847311776
Total Pages : 408 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Transnational Governance and Constitutionalism by : Christian Joerges

Download or read book Transnational Governance and Constitutionalism written by Christian Joerges and published by Bloomsbury Publishing. This book was released on 2004-06-30 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.

The Democratic Legitimacy of International Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847315860
Total Pages : 424 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Democratic Legitimacy of International Law by : Steven Wheatley

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.

Democratic Governance

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Publisher : Hurst & Company
ISBN 13 :
Total Pages : 562 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Democratic Governance by : Séverine Bellina

Download or read book Democratic Governance written by Séverine Bellina and published by Hurst & Company. This book was released on 2009 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Governance' has become a key word in the lexicon of international relations over the last twenty years. It is used, loosely, and invariably in a liberal idiom, by scholars, activists, civil society organizations, politicians and the voluntary sector. In many respects it has attained the status of a fetish, yet 'governance' remains a notion that has multiple definitions, a concept in-the-making. Notwithstanding the imprecision with which the term is employed, it has become an inescapable paradigm for the politics of development. The contributors to this book, drawn from among some of the world's best area studies specialists, from North and South, offer a diverse global critique of 'governance' as deployed in several key areas: institutions and state actors; the rule of law, democracy and human rights; decentralization and state power; development and, last but not least, international cooperation and the role of the World Bank, the IMF and NGOs. The geographical spread of the volume ranges from Africa to Latin America, from Asia to the Middle East. Their objectives include: a reassessment of 'governance' in its many manifestations; an attempt to free the term from its often unhelpful linkage to the state, and thereby apply it to other organizations and actors; a re-evaluation of the Western-dominated use of the term politically and an attempt to broaden its application beyond issues such as transparency and the fight against corruption; and a search for innovative applications of the term, driven by a consensus that transcends current economic and political inequalities.

Effective Governance Under Anarchy

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Publisher : Cambridge University Press
ISBN 13 : 1107183693
Total Pages : 381 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Effective Governance Under Anarchy by : Tanja A. Börzel

Download or read book Effective Governance Under Anarchy written by Tanja A. Börzel and published by Cambridge University Press. This book was released on 2021-04-08 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Democratic and consolidated states are taken as the model for effective rule-making and service provision. In contrast, this book argues that good governance is possible even without a functioning state.