Steven Wheatley

The Democratic Legitimacy of International Law (eBook, PDF)

• Format: PDF

Produktbeschreibung

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.

Produktdetails

• Verlag: Bloomsbury UK eBooks
• Seitenzahl: 424
• Erscheinungstermin: 2. Juni 2010
• Englisch
• ISBN-13: 9781847315861
• Artikelnr.: 37975836

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