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Governmental Illegitimacy in International Law

Autor Brad R. Roth
en Limba Engleză Hardback – 27 ian 1999
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.
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Specificații

ISBN-13: 9780198268529
ISBN-10: 0198268521
Pagini: 470
Dimensiuni: 165 x 242 x 29 mm
Greutate: 0.82 kg
Editura: Clarendon Press
Colecția Clarendon Press
Locul publicării:Oxford, United Kingdom

Recenzii

a work of international legal scholarship
impressive work
Roth does an exceptional job of elucidating the issue. Recommended for upper-division undergraduates, graduate students, faculty, and practitioners.
This is an interesting, thought-provoking, and well-written book ... replete with wisdom.

Notă biografică

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.