Buch, Englisch, 424 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 801 g
Reihe: Studies in International Law
Buch, Englisch, 424 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 801 g
Reihe: Studies in International Law
ISBN: 978-1-84113-817-6
Verlag: Bloomsbury 3PL
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.
Autoren/Hrsg.
Weitere Infos & Material
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
