Towards a Right to Democratic Governance in International Law

Authors

  • Udoka Ndidiamaka Owie Baze University

DOI:

https://doi.org/10.25159/2219-6412/2650

Abstract

In its classical positivist tradition international law was not concerned with the internal structures of states, nor did it recognise the place of actors other than states; rather it espoused the concept of domestic jurisdiction and non-interference in the domestic affairs of states as evident in the Charter of the United Nations. Nevertheless, international law has progressed from its traditional state-centrism to an acknowledgement of the place of individuals in international law as highlighted by the development of the field of human rights. The aversion of traditional international law theorists to contemplate matters of purely national law or constitutional law, such as how a government is formed, has been challenged by the rise of democratic governments within state structures in Europe and Africa following the end of the Cold War. With the articulation of a democratic entitlement to individuals in the International Bill of Rights, as well as the aforementioned rise in democratic governments and the work of the United Nations, regional organisations, civil society in democracy and democratisation, a discourse on democratic governance has been inaugurated, opening up international law to a consideration of matters of constitutional law, which hitherto were uncharted waters. 

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Published

2017-09-28

How to Cite

Owie, Udoka Ndidiamaka. 2016. “Towards a Right to Democratic Governance in International Law”. Southern African Public Law 31 (1):3-31. https://doi.org/10.25159/2219-6412/2650.

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Article
Received 2017-05-22
Accepted 2017-05-22
Published 2017-09-28