Search result: 4 articles

x
Year 2010 x
Discussion

Access_open Democracy, Constitutionalism and the Question of Authority

Journal Netherlands Journal of Legal Philosophy, Issue 3 2010
Keywords international constitutionalism, democracy, international law, fragmentation, international politics
Authors Wouter G. Werner
AbstractAuthor's information

    This paper agrees with Walker on the existence of a tension between democracy and constitutionalism, but questions whether democracy and (international) constitutionalism necessarily depend on each other. While democracy needs constitutionalism on normative grounds, as an empirical matter it may also rest on alternative political structures. Moreover, it is questionable whether democracy is indeed the solution to the incompleteness of international constitutionalism. Traditional forms of democracy do not lend themselves well to transplantation to the international level and could even intensify some problems of international governance. Attempts to democratize international relations should be carried out prudentially, with due regard for possible counterproductive effects.


Wouter G. Werner
Wouter Werner is Professor of Public International Law at VU University, Amsterdam, the Netherlands.

P.B. Larsen
Article

The Legal Issues Surrounding the Near Earth Space

The Current Status of the Rule of Law with Regard to Space Activities

Journal International Institute of Space Law, Issue 4 2010
Authors A. Ito

A. Ito
Article

Is Compliance with International Humanitarian Law Susceptible to Logical Measurement?

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords International humanitarian law, interests, States, power
Authors Ilias Bantekas
AbstractAuthor's information

    The application of international humanitarian law by States is necessarily dependent on factors such as “interests” as well as certain “qualities” of States, such as size or wealth. Despite their contractual undertakings, nations fully apply the jus in bello under the terms of a particular formula. This article depicts this formula in a very rudimentary manner, positing that compliance is measureable and corresponds to a number which is derived by adding a State’s interests and qualities.


Ilias Bantekas
Ilias Bantekas is Professor of International Law, Brunel Law School and Head of International Law at Mourgelas & Associates Law Firm.
Showing all 4 results
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.