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The Democratic Legitimacy of International Law (Hardcover)
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The Democratic Legitimacy of International Law (Hardcover)
Series: Studies in International Law
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The objective of this work is to restate the requirements of
democratic legitimacy in terms of the deliberative ideal developed
by Jurgen 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.
General
| Imprint: |
Hart Publishing
|
| Country of origin: |
United Kingdom |
| Series: |
Studies in International Law |
| Release date: |
June 2010 |
| First published: |
2010 |
| Authors: |
Steven Wheatley
|
| Dimensions: |
234 x 156 x 33mm (L x W x T) |
| Format: |
Hardcover
|
| Pages: |
424 |
| ISBN-13: |
978-1-84113-817-6 |
| Categories: |
Books >
Law >
International law >
Public international law >
General
|
| LSN: |
1-84113-817-7 |
| Barcode: |
9781841138176 |
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