Steven Wheatley

Democratic Legitimacy of International Law

• Gebundenes Buch

Produktbeschreibung

While international institutions continue to affirm that democracy is the only legitimate form of domestic government, the globalization 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 recognized "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 Jurgen Habermas (among others) can provide the basis for thinking about the exercise of political authority beyond the state, and it explores an alternative view of the nature and purposes of the modern system of international law. In traversing this terrain, the 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 constitutionalization 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' * the impact of the fact of globalized governance through law on the fundamental theory and practice of democracy (a model developed in the context of the state).

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Produktdetails

• Verlag: Bloomsbury 3PL
• Seitenzahl: 426
• Erscheinungstermin: 1. Juni 2010
• Englisch
• Abmessung: 240mm x 161mm x 27mm
• Gewicht: 801g
• ISBN-13: 9781841138176
• ISBN-10: 1841138177
• Artikelnr.: 26021778

Autorenporträt

Steven Wheatley is Professor of International Law at the Law School, University of Leeds.

Inhaltsangabe

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