Democracy, Rule of Law and Foreign Policy

Democracy, Rule of Law and Foreign Policy
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 108
Release: 2003-01-01
Genre: Political Science
ISBN: 9789287151384

This publication contains the reports presented at the UniDem Seminar in Skopje. Foreign policy unquestionably serves the national interest in the broadest sense but nowadays it is no longer left entirely to discretion of governments. The legal foundation of foreign policy are made up both of rules of international law and rules of domestic law, whilst remaining an under-regulated area of democracy and of the law. The seminar in Skopje was an initiative which permitted an exchange of views on this subject between representatives of different countries.

Democracy and the Rule of Law

Democracy and the Rule of Law
Author: Adam Przeworski
Publisher: Cambridge University Press
Total Pages: 338
Release: 2003-07-21
Genre: Law
ISBN: 9780521532662

This book addresses the question of why governments sometimes follow the law and other times choose to evade the law. The traditional answer of jurists has been that laws have an autonomous causal efficacy: law rules when actions follow anterior norms; the relation between laws and actions is one of obedience, obligation, or compliance. Contrary to this conception, the authors defend a positive interpretation where the rule of law results from the strategic choices of relevant actors. Rule of law is just one possible outcome in which political actors process their conflicts using whatever resources they can muster: only when these actors seek to resolve their conflicts by recourse to la, does law rule. What distinguishes 'rule-of-law' as an institutional equilibrium from 'rule-by-law' is the distribution of power. The former emerges when no one group is strong enough to dominate the others and when the many use institutions to promote their interest.

Advancing the Rule of Law Abroad

Advancing the Rule of Law Abroad
Author: Rachel Kleinfeld
Publisher: Brookings Institution Press
Total Pages: 296
Release: 2012-11-28
Genre: Political Science
ISBN: 0870032666

In the modern era, political leaders and scholars have declared the rule of law to be essential to democracy, a necessity for economic growth, and a crucial tool in the fight for security at home and stability abroad. The United States has spent billions attempting to catalyze rule-of-law improvements within other countries. Yet despite the importance of the goal to core foreign policy needs, and the hard work of hundreds of practitioners on the ground, the track record of successful rule-of-law promotion has been paltry. In Advancing the Rule of Law Abroad, Rachel Kleinfeld describes the history and current state of reform efforts and the growing movement of second-generation reformers who view the rule of law not as a collection of institutions and laws that can be built by outsiders, but as a relationship between the state and society that must be shaped by those inside the country for lasting change. Based on research in countries from Indonesia to Albania, Kleinfeld makes a compelling case for new methods of reform that can have greater chances of success. This book offers a comprehensive overview of this growing area of policy action where diplomacy and aid meet the domestic policies of other states. Its insights into the practical methods and moral complexities of supporting reform within other countries will be useful to practitioners and students alike.

Democracy and International Law

Democracy and International Law
Author: Gregory H. Fox
Publisher:
Total Pages: 944
Release: 2020
Genre: Democracy
ISBN: 9781788114745

At the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a 'democratic entitlement' was emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. Together with an original introduction, this volume collects the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent 'democratic recession' in many regions of the world.

International Actors, Democratization and the Rule of Law

International Actors, Democratization and the Rule of Law
Author: Amichai Magen
Publisher: Routledge
Total Pages: 309
Release: 2008-07-25
Genre: Law
ISBN: 1134058144

Explores how external influences and international actors can help hybrid regimes, which display minimal elements of an electoral democracy, to be transformed into a quality democracy.

Democracies and International Law

Democracies and International Law
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 349
Release: 2021-09-30
Genre: Law
ISBN: 1108843131

Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.

Promoting the Rule of Law Abroad

Promoting the Rule of Law Abroad
Author: Thomas Carothers
Publisher: Brookings Institution Press
Total Pages: 384
Release: 2010-03-01
Genre: Law
ISBN: 0870032925

"Over the past decade, Carothers has established himself as the leading U.S. expert on democracy promotion. He is a powerful critic not only of the nuts-and-bolts of democracy assistance but also of U.S. grand strategy overall."—SAIS Review Promoting the rule of law has become a major part of Western efforts to spread democracy and market economics around the world. Yet, although programs to foster the rule of law abroad have mushroomed, well-grounded knowledge about what factors ensure success, and why, remains scarce. In Promoting the Rule of Law Abroad, leading practitioners and policy-oriented scholars draw on years of experience—in Russia, China, Latin America, Central and Eastern Europe, the Middle East, and Africa—to critically assess the rationale, methods, and goals of rule-of-law policies. These incisive, accessible essays offer vivid portrayals and penetrating analyses of the challenges that define this vital but surprisingly little-understood field. Contributors include Rachel Belton (Truman National Security Project), Lisa Bhansali (World Bank), Christina Biebesheimer (World Bank), Thomas Carothers (Carnegie Endowment), Wade Channell, Stephen Golub, and David Mednicoff (University of Massachusetts, Amherst), Laure-Hélène Piron (Overseas Development Institute), Matthew Spence (Yale Law School), Matthew Stephenson (Harvard Law School), and Frank Upham (NYU School of Law).