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Democracy and International Law

Democracy and International Law. Democracy and International Law. The Right to Democracy Democratic Deficit in IOs IOs and Democratization Democracy and Commitment. The Right to Democracy. Third generation of human rights International legal obligation?

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Democracy and International Law

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  1. Democracy and International Law

  2. Democracy and International Law • The Right to Democracy • Democratic Deficit in IOs • IOs and Democratization • Democracy and Commitment

  3. The Right to Democracy • Third generation of human rights • International legal obligation? • Precondition for legitimate governance

  4. The Right to Democracy • Not mentioned in UN Charter • Article 21 of the Universal Declaration of Human Rights: “Everyone has the right to take part in the government of his country, directly of through freely chosen representatives…The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.”

  5. The Right to Democracy • Article 25 of ICCPR • “Promotion of the Right to Democracy” – Resolution of the Commission on Human Rights (1999) • Regional documents: OAS Charter Statute of the Council of Europe Charter of Paris for a New Europe

  6. The Right to Democracy • Thomas Franck: Self Determination Freedom of Expression Electoral rights • Promoting democracy: Qualification for membership in IOs Precondition for development assistance Restoring democracy by force

  7. The Right to Democracy Is it a good idea? • Disputed content • More basic rights have not gained sufficient adherence • Imposition of Western values? • Can it be reconciled with self determination (freedom to choose political status)? Articles 2(4) and 2(7) of UN Charter?

  8. Democratic Legitimacy of IOs • No direct electoral accountability • Lack of transparency, secretive decision making • Hard for individuals and interest groups to influence and monitor • Insufficient attention to local values and interests • Override national authorities Unbounded Power?

  9. Democratic Legitimacy of IOs • Neo-liberal bias? Focus on trade liberalization and pro-business regulation instead of welfare and redistribution • No meaningful participation and political discourse, passive citizens

  10. Democratic Legitimacy of IOs Counterarguments: • “Democratization” of IOs is not efficient, risk of paralysis • Insulation is necessary for desirable yet unpopular decisions (e.g. minority protection) • The baseline for comparison is “real world” democracies, where we find considerable delegation

  11. Democratic Legitimacy of IOs • Delegation solves the following problems: • Complexity of decisions • Decisions which need to be insulated from short term or popular considerations • Redressing biases in democratic representation

  12. Democratic Legitimacy of IOs “Democratic Deficit” in the EU? • European Parliament is the only elected branch • Supremacy of EU law over national legislation • Cultural gap between Brussels and the “average European”

  13. Democratic Legitimacy of IOs But on the other hand… • Limited mandate: trade and related issues, monetary policy • Limited financial resources • Power dispersion; Policy making and implementation require consensus and cooperation between EU institutions and national authorities

  14. Democratic Legitimacy of IOs • Multi-level process ensures transparency and public scrutiny • Insulation of Court and central bank: common practice in democratic systems • National representatives at the Council of Ministers act under instruction from national executives

  15. Democratic Legitimacy of IOs Other oft-criticized institutions: • IMF • GATT/WTO • NAFTA • Security Council Democratic deficit in NGOs?

  16. IOs and Democratization • Determinants of democratic transition are primarily domestic • But international institutions can matter as well: • Democracy aid programs • Diplomatic pressure • Economic sanctions

  17. IOs and Democratization • Assuaging fears of economic elites • Socialization of the military • Locking in democratic reforms (e.g. ECHR, NAFTA) • EU and NATO expansion: Evidence for the democratic impact of IOs?

  18. Democracy and Commitment The traditional view: democracies are less reliable • Unstable public opinion • Many people involved in policy formation • Frequent leadership change

  19. Democracy and Commitment But in fact democratic commitments tend to be more credible: • Regularized leadership change, high level of policy continuity • Democratic culture • Democratic interdependence • Juridical limits on power

  20. Democracy and Commitment • Multiple veto points, easier to block policy change • Interest groups pressure • Transparency • Audience costs for reneging on commitment

  21. Democracy and Commitment Limitations on democratic credibility: • New or unstable democracies • Weak constitutional constraints • Issues surrounded by secrecy

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