a work of international legal scholarship

Chimene Keitner, Yale Journal of International Law Vol 25 2000

impressive work

Thomas D Grant Cambridge Law Journal

Roth does an exceptional job of elucidating the issue. Recommended for upper-division undergraduates, graduate students, faculty, and practitioners.

Choice

Se alle

This is an interesting, thought-provoking, and well-written book ... replete with wisdom.

International Law and Trade Perspective

When is a de facto authority not entitled to be considered a `government' for the purposes of International Law? International reaction to the 1991-4 Haitian crisis is only the most prominent in a series of events that suggest a norm of governmental illegitimacy is emerging to challenge more traditional notions of state sovereignty. This challenge has dramatic implications for two fundamental legal strictures: that against the use or threat of force against a state's political independence, and that against interference in matters `essentially' within a state's domestic jurisdiction. Yet although human rights advocates have begun to speak of state sovereignty as an `anachronism', with some expansively proclaiming the emergence of an international `right to democratic governance,' international law literature lacks systematic treatment of governmental illegitimacy. This work seeks to specify the international law of collective non-recognition of governments, so as to enable legal evaluation of cases in which competing factions assert governmental authority. It subjects the recognition controversies of the United Nations era to a systematic examination, informed by theoretical and comparative perspectives on governmental legitimacy. The inquiry establishes that the category of `illegitimate government' now occupies a place in international law, with significant consequences for the legality of intervention in certain instances. The principle of popular sovereignty, hitherto vague and ambiguous, has acquired sufficient determinacy to serve, in some circumstances, as a basis for denial of legal recognition to putative governments. This development does not imply, however, the emergence in international law of a meaningful norm of `democratic governance,' nor would such a norm serve the purposes of the scheme of sovereign equality of states embodied in the United Nations Charter.
Les mer
This work seeks to specify the international law of collective non-recognition of governments. It subjects the recognition controversies of the United Nations era to a systematic examination, informed by theoretical and comparative perspectives on governmental legitimacy.
Les mer
Preface by Oscar Schachter ; Acknowledgements ; 1. International Politics, International Law, and the Legitimacy of Domestic Governments ; A. The Issue: Illegitimate Governments as a Legal Category ; B. Legal Norms and International Security ; C. The Paradox of Sovereignty in International Law ; 2. Legal Legitimacy in Theoretical Perspective ; A. The Question of Legitimate Authority ; B. Legal Legitimacy and International Political Morality ; 3. Popular Sovereignty and Domestic Constitutional Orders ; A. Vehicles of Legitimation ; B. The Constitutional Order and Its Limits ; C. The Primacy of the Legitimating Vision ; 4. The Rise and Fall of Revolutionary-Democratic Dictatorship ; A. Theoretical Foundations of Revolutionary Democracy ; B. Teleological Democracy and Vanguard Dictatorship ; C. Revolutionary-Democratic Dictatorship and Contemporary International Discourse ; 5 ; A. Recognition Doctrine ; B. Recognition and Intervention in Internal Armed ct ; C. Legitimacy Contests and Modes of Collective Resolution ; 6. Ascertaining the Will of 'Peoples': Governmental Illegitimacy and Self-Determination ; A. From Principle to Right: Self-Determination in the Scheme of Sovereign Equality ; B. Self-Determination and Popular Will ; C. Local Deprivations of Self-Determination: Rhodesia, South Africa and Beyond ; 7. Two Governments, One State: Recognition Contests and the Use of Force ; A. UN Credentials and Collective Legal Recognition ; B. Intervention by invitation of the Legitimate Government ; C. Governmental Illegitimacy and Foreign Intervention: Three Cases ; D. Recognition Contests, 1950-89 ; 8. Governmental Illegitimacy and Political Participation ; A. Political Participation in Human Rights Law ; B. Legitimacy and Quasi-Plebiscitary Elections ; C. Participation and the Basis of Governmental Authority ; 9. Haiti and Beyond: Popular Will and De-Legitimation in the 1990s ; A. Collective Responses to the Breakdown of Electoral Arbitration ; B. The Broader Context: Sovereignty and Internal Crises in the 1990s ; C. Governmental Illegitimacy and Collective Practice ; 10. Conclusion: Sovereignty and Popular Will ; A. The International Law of Governmental Illegitimacy ; B. The Dangers of Liberal-Democratic Legitimism ; C. Conclusion ; Notes ; Index
Les mer
`a work of international legal scholarship' Chimene Keitner, Yale Journal of International Law Vol 25 2000 `impressive work' Thomas D Grant Cambridge Law Journal `Roth does an exceptional job of elucidating the issue. Recommended for upper-division undergraduates, graduate students, faculty, and practitioners.' Choice `This is an interesting, thought-provoking, and well-written book ... replete with wisdom.' International Law and Trade Perspective
Les mer
Winner 1998-1999 American Society for International Law Certificate of merit
Deals with issues that are timely in the wake of the 1998 Sierra Leone invasion and the 1994 Haiti intervention Examines the 'recognition' practices of individual states from a new angle i.e., when can international actors question the legal capacity of a ruling apparatus to assert rights, confer immunities etc. on behalf of the state Uses an interdisciplinary approach, drawing on legal and political theory and comparative politics as well as international legal doctrine Explores the diverse ways in which governments, including those rejecting liberal democracy, have claimed to embody 'the will of the people' Details the history of the international system's efforts to address the problem of 'illegitimate' governments Explains the complexities of the problems of collective non-recognition of governments and the diversity, in both theory and practice of the world's political systems The author, Brad Roth, is an up and coming figure in International Law
Les mer
Brad Roth is Associate Professor of Legal Studies and Political Science at Wayne State University, Detroit, USA. He previously lectured at the University of California, Berkeley and has been a litigation attorney in New Jersey. Since 1984 he has been a member of the Board of Directors and Advisory Council, America-Israel Council for Israeli-Palestinian Peace. He is also a member of seven other such professional delegations.
Les mer
Deals with issues that are timely in the wake of the 1998 Sierra Leone invasion and the 1994 Haiti intervention Examines the 'recognition' practices of individual states from a new angle i.e., when can international actors question the legal capacity of a ruling apparatus to assert rights, confer immunities etc. on behalf of the state Uses an interdisciplinary approach, drawing on legal and political theory and comparative politics as well as international legal doctrine Explores the diverse ways in which governments, including those rejecting liberal democracy, have claimed to embody 'the will of the people' Details the history of the international system's efforts to address the problem of 'illegitimate' governments Explains the complexities of the problems of collective non-recognition of governments and the diversity, in both theory and practice of the world's political systems The author, Brad Roth, is an up and coming figure in International Law
Les mer

Produktdetaljer

ISBN
9780198268529
Publisert
1999
Utgiver
Vendor
Clarendon Press
Vekt
817 gr
Høyde
242 mm
Bredde
165 mm
Dybde
29 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
470

Forfatter

Om bidragsyterne

Brad Roth is Associate Professor of Legal Studies and Political Science at Wayne State University, Detroit, USA. He previously lectured at the University of California, Berkeley and has been a litigation attorney in New Jersey. Since 1984 he has been a member of the Board of Directors and Advisory Council, America-Israel Council for Israeli-Palestinian Peace. He is also a member of seven other such professional delegations.