JPIL Vol 7 Issue 2 2016 - Article 1

THE PRIVILEGE TO DEMOCRACY IN INTERNATIONAL LAW
Khalifa A. Alfadhel
 
Abstract
The literature associated with the (human) right to democracy in international law, including the material related with the democratic entitlement; show that there is an emerging right to democratic governance in international law. Although little has changed in the previous few decades regarding State practice and the behavior of international and regional organizations with regard to the enforcement of a substantive and comprehensive right to democracy, commentators and leading scholars still use the term ‘right’. This Article will show that the position of the democracy norm in international law is far from being a complete right, rather, a privilege, subject to domestic conditions instead of international enforcement and protection. This is because, although international law evolved beyond the Westphalian understanding of sovereignty, this does not apply to the issue of democracy, where the shape and form of government is the most significant aspect of sovereign will.

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