Home > Research > Publications & Outputs > A democratic rule of international law
View graph of relations

A democratic rule of international law

Research output: Contribution to journalJournal article

Published

Standard

A democratic rule of international law. / Wheatley, Steven.

In: European Journal of International Law, Vol. 22, No. 2, 05.2011, p. 525-548.

Research output: Contribution to journalJournal article

Harvard

Wheatley, S 2011, 'A democratic rule of international law' European Journal of International Law, vol. 22, no. 2, pp. 525-548. https://doi.org/10.1093/ejil/chr022

APA

Wheatley, S. (2011). A democratic rule of international law. European Journal of International Law, 22(2), 525-548. https://doi.org/10.1093/ejil/chr022

Vancouver

Wheatley S. A democratic rule of international law. European Journal of International Law. 2011 May;22(2):525-548. https://doi.org/10.1093/ejil/chr022

Author

Wheatley, Steven. / A democratic rule of international law. In: European Journal of International Law. 2011 ; Vol. 22, No. 2. pp. 525-548.

Bibtex

@article{f7bb4c0cc66c457ba4dd223472f8ac63,
title = "A democratic rule of international law",
abstract = "This article examines the way in which we should make sense of, and respond to, the democratic deficit that results from global governance through international law following the partial collapse of the Westphalian political settlement. The objective is to evaluate the possibilities of applying the idea of deliberative (‘democratic’) legitimacy to the various and diverse systems of law. The model developed at the level of the state is imperfectly applied to the inter-state system and the legislative activities of non-state actors. Further, regulation by non-state actors through international law implies the exercise of legitimate authority, which depends on the introduction of democratic procedures to determine the right reasons that apply to subjects of authority regimes. In the absence of legitimate authority, non-state actors cannot legislate international law norms. The article concludes with some observations on the problems for the practice of democracy in the counterfactual ideal circumstances in which a plurality of legal systems legislate conflicting democratic law norms and the implications of the analysis for the regulation of world society.",
author = "Steven Wheatley",
year = "2011",
month = "5",
doi = "10.1093/ejil/chr022",
language = "English",
volume = "22",
pages = "525--548",
journal = "European Journal of International Law",
issn = "0938-5428",
publisher = "Oxford University Press",
number = "2",

}

RIS

TY - JOUR

T1 - A democratic rule of international law

AU - Wheatley, Steven

PY - 2011/5

Y1 - 2011/5

N2 - This article examines the way in which we should make sense of, and respond to, the democratic deficit that results from global governance through international law following the partial collapse of the Westphalian political settlement. The objective is to evaluate the possibilities of applying the idea of deliberative (‘democratic’) legitimacy to the various and diverse systems of law. The model developed at the level of the state is imperfectly applied to the inter-state system and the legislative activities of non-state actors. Further, regulation by non-state actors through international law implies the exercise of legitimate authority, which depends on the introduction of democratic procedures to determine the right reasons that apply to subjects of authority regimes. In the absence of legitimate authority, non-state actors cannot legislate international law norms. The article concludes with some observations on the problems for the practice of democracy in the counterfactual ideal circumstances in which a plurality of legal systems legislate conflicting democratic law norms and the implications of the analysis for the regulation of world society.

AB - This article examines the way in which we should make sense of, and respond to, the democratic deficit that results from global governance through international law following the partial collapse of the Westphalian political settlement. The objective is to evaluate the possibilities of applying the idea of deliberative (‘democratic’) legitimacy to the various and diverse systems of law. The model developed at the level of the state is imperfectly applied to the inter-state system and the legislative activities of non-state actors. Further, regulation by non-state actors through international law implies the exercise of legitimate authority, which depends on the introduction of democratic procedures to determine the right reasons that apply to subjects of authority regimes. In the absence of legitimate authority, non-state actors cannot legislate international law norms. The article concludes with some observations on the problems for the practice of democracy in the counterfactual ideal circumstances in which a plurality of legal systems legislate conflicting democratic law norms and the implications of the analysis for the regulation of world society.

U2 - 10.1093/ejil/chr022

DO - 10.1093/ejil/chr022

M3 - Journal article

VL - 22

SP - 525

EP - 548

JO - European Journal of International Law

JF - European Journal of International Law

SN - 0938-5428

IS - 2

ER -