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Full-Text Articles in Law
Identifying And Enforcing Back-End Electoral Rights In International Human Rights Law, Katherine A. Wagner
Identifying And Enforcing Back-End Electoral Rights In International Human Rights Law, Katherine A. Wagner
Michigan Journal of International Law
From Kenya to Afghanistan, Ukraine, the United States, Mexico, and Iran, no region or form of government has been immune from the unsettling effects of a contested election. The story is familiar, and, these days, hardly surprising: a state holds elections, losing candidates and their supporters claim fraud, people take to the streets, diplomats and heads of state equivocate, and everyone waits for the observers' reports. It is the last chapter of this story-the resolution-that remains unfamiliar and still holds the potential to surprise. The increasing focus on and importance of the resolution of contested elections, that resolution's link to …
A Right To Democracy In International Law: Its Implications For Asia, Same Varayudej
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 …
Jeremy I. Levitt's Africa: Mapping New Boundaries In International Law, Makau Wa Mutua
Jeremy I. Levitt's Africa: Mapping New Boundaries In International Law, Makau Wa Mutua
Book Reviews
This is a review of Jeremy Levitt’s edited collection of chapters in Africa: Mapping the Boundaries of International Law, which is an impressive work to the dearth of scholarship on Africa’s contribution to the normative substance and theory of international law. The book explicitly seeks to counter the racist mythology that Africans were tabula rasa in international law. In his own introduction to the book, Levitt makes it clear that “Africa is a legal marketplace, not a lawless basket case.” The eight contributors to the book are renowned scholars who make the case that Africa is not stuck in pre-history …
Premature Judgment, Todd Landman
Premature Judgment, Todd Landman
Human Rights & Human Welfare
Just as Mark Twain said in 1897, “The report of my death was an exaggeration,” many commentators have prematurely reported the death of human rights. For example, in 1999, in The Theory and Reality of the Protection of International Human Rights , J. Shand Watson sees human rights as a “mere fiction” in light of a century of state-sponsored killing. One year later, Costas Douzinas, through an appeal to history, philosophy, and psychoanalysis proclaimed the “end of human rights.” It is thus no surprise that the article by Joshua Kurlantzick is yet another attempt to warn us that human rights …
Standardizing The Principles Of International Election Observation, Jonathan Misk
Standardizing The Principles Of International Election Observation, Jonathan Misk
Vanderbilt Journal of Transnational Law
On October 27, 2005, thirty-two international nongovernmental organizations (INGOs) and intergovernmental organizations (IGOs) signed the Declaration of Principles for International Election Observation, drafted with the assistance of the United Nations. For nearly four decades before the signing of the Declaration, international election observation rapidly gained acceptance as a legitimate method of guaranteeing free and fair elections and thus promoting lasting democratic institutions. Many INGOs and IGOs conducting observation missions--including the Organization for Security and Cooperation in Europe, the Organization of American States, the South African Development Community, and the Carter Center-independently developed standards for their observers to follow. As international …
Democracy And Flame-Fanning Populists: An Undesirable Yet Inevitable Combination, Richard Burchill
Democracy And Flame-Fanning Populists: An Undesirable Yet Inevitable Combination, Richard Burchill
Human Rights & Human Welfare
Tariq Ramadan views the recent referendum in Switzerland inserting a ban against the building of minarets into the Swiss Constitution, as a vote against Muslims not only in Switzerland, but across Europe. Those of a more tolerant sensibility will of course agree with Ramadan on this issue and will easily criticize the Swiss for “getting it wrong” by voting in favor of this constitutional amendment. There is no question that a constitutional vote on what is essentially an issue of local planning permission is, as Ramadan describes it, a silly initiative. However, this is also the nature of democracy as …
Collective Discursive Democracy And International Law Personality For Transnational Enterprises, Russell Miller
Collective Discursive Democracy And International Law Personality For Transnational Enterprises, Russell Miller
Russell A. Miller
No abstract provided.
Evaluating South Africa's Post-Apartheid Democratic Prospects Through The Lens Of Economic Development Theory, Jonathan Marshfield
Evaluating South Africa's Post-Apartheid Democratic Prospects Through The Lens Of Economic Development Theory, Jonathan Marshfield
Jonathan Marshfield