Abstract
In a classic article published in 1992, Thomas Franck wrote of an “emerging right to democratic governance” in international law. In his view, such a right implied that the acceptance of a government by other states in the international arena depended on whether the government ruled with the consent of its own people. In a later piece, published in 2000, Franck elaborated, stating that [w]hile democracy has long been a right of people in some nations, enshrined in their constitutions and traditions and enforced by their judiciary and police, this has not been true universally. That democracy is becoming an entitlement in international law and process is due in part to the very recent political reality of a burgeoning pro-democracy movement within the States that constitute the world community.
Highlights
In a classic article published in 1992, Thomas Franck wrote of an “emerging right to democratic governance” in international law.[1]. In his view, such a right implied that the acceptance of a government by other states in the international arena depended on whether the government ruled with the consent of its own people
There are important things to say both in favor and against an “emerging right to democratic governance,” as I shall briefly elaborate
We first need to know the standard: under what precise circumstances can we conclusively assert that we have a new right in the international legal sphere? (As a final point: in order to present his story about “the emerging right to democracy,” Franck heavily relies on declarations made by the UN General Assembly, which is not exactly an institution that we could characterize as having internally democratic procedures, or a robust record of supporting democracy.)
Summary
In a classic article published in 1992, Thomas Franck wrote of an “emerging right to democratic governance” in international law.[1] In his view, such a right implied that the acceptance of a government by other states in the international arena depended on whether the government ruled with the consent of its own people. In a later piece, published in 2000, Franck elaborated, stating that [w]hile democracy has long been a right of people in some nations, enshrined in their constitutions and traditions and enforced by their judiciary and police, this has not been true universally. That democracy is becoming an entitlement in international law and process is due in part to the very recent political reality of a burgeoning pro-democracy movement within the States that constitute the world community.[2]. There are important things to say both in favor and against an “emerging right to democratic governance,” as I shall briefly elaborate
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