RechtIdee
Vol 14, No 2 (2019): December

THE RIGHT TO DEMOCRACY ARRANGEMENT UNDER INTERNATIONAL LAW

Rika Kurniaty (Department of International Law, Faculty of Law, Brawijaya University)



Article Info

Publish Date
31 Dec 2019

Abstract

In the historical context, during the Cold War, due to the tension of ideology between countries, the link between international law and the notion of democracy only received few discussions and interest by international law scholars. The fall of communism in the early 1990s has put liberal democracy - as the only legal system of government - back on the global agenda. The victory of democracy throughout the world quickly led to the claim that there is now a right to democracy in international legal instruments and the existence of democracy as a guiding principle in general international law. However, the word "democracy" does not appear in the Charter of the United Nations and in the Covenant of the League of Nations. There is no standard textbook on international law that contains chapters on democracy. The International Court of Justice does not base its decisions on applying the principles of democratic rule. If one does not look beyond the pillars of international law, one could conclude that democracy is irrelevant. In maintaining that all communities are entitled to democratic governance, this paper will examine arrangements for the right to democracy in international law, especially under the Universal Declaration of Human Rights, which is recognized by the international community.

Copyrights © 2019






Journal Info

Abbrev

rechtidee

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

RechtIdee is published twice a year in June and December containing articles result of thought and researchs in law. This journal encompasses original research articles, review articles, and short communications, including: Private Law Penal Law State and Administrative Law International Law Islamic ...