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Texte intégral
Journal article

Legitimate actors of international law-making : towards a theory of international democratic representation

    2018
Published in:
  • Jurisprudence. - 2018, vol. 9, no. 3, p. 504-540
Law-making
International law
Democracy
Democratic representation
Representation
Theory
Actors
Legitimate actors
Legitimacy
English This article addresses the identity of the legitimate actors of international law-making from the perspective of democratic theory. It argues that both states or state-based international organisations, and civil society actors should be considered complementary legitimate actors of international law-making. Unlike previous accounts, our proposed model of representation, the Multiple Representation Model, is based on an expanded, democratic understanding of the principle of state participation: it is specifically designed to palliate the democratic deficits of more common versions of the Principle of State Consent. Second, it endorses a qualified version of the Principle of Civil Society Participation, one that is much more restrictive and more critical of the democratic defects of civil society actors than most of its current supporters. Finally, it reveals how the democratic strengths and deficits of both models are best approached as mirroring one another and need to be combined in a complex account of representation.
Faculty
Faculté de droit
Department
Département de droit international et droit commercial
Language
  • English
Classification
Law, jurisprudence
License
License undefined
Identifiers
Persistent URL
https://folia.unifr.ch/unifr/documents/307574
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