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Annual Survey of International & Comparative Law

2010

Democracy

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A Right To Democracy In International Law: Its Implications For Asia, Same Varayudej Aug 2010

A Right To Democracy In International Law: Its Implications For Asia, Same Varayudej

Annual Survey of International & Comparative Law

This paper will first look at the traditional concept of sovereignty and the undemocratic features of traditional international law. It will then discuss the development of democratic governance in the United Nations and regional international organisations, as well as the pro-democratic interventions in international law. Moreover, the paper will critically analyse the recent claims by prominent international legal scholars that a "right to democracy" is now emerging in international law and that all communities are entitled to democratic rules of governance. It will then consider whether, and to what extent, the notion of democratic entitlement has crystallised into a customary …