Democracy and Democracy and International Law International Law

Democracy and Democracy and International Law International Law

The Right to DemocracyThe Right to Democracy

Democratic Deficit in IOsDemocratic Deficit in IOs

IOs and DemocratizationIOs and Democratization

Democracy and CommitmentDemocracy and Commitment

The Right to DemocracyThe Right to Democracy

Third generation of human rightsThird generation of human rights

International legal obligation?International legal obligation?

Precondition for legitimate Precondition for legitimate governancegovernance

The Right to DemocracyThe Right to Democracy

Not mentioned in UN CharterNot mentioned in UN Charter Article 21 of the Universal Declaration Article 21 of the Universal Declaration

of Human Rights:of Human Rights:““Everyone has the right to take part in the Everyone has the right to take part in the

government of his country, directly of through government of his country, directly of through freely chosen representatives…The will of the freely chosen representatives…The will of the people shall be the basis of the authority of people shall be the basis of the authority of government; this will shall be expressed in periodic government; this will shall be expressed in periodic and genuine elections which shall be by universal and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.” or by equivalent free voting procedures.”

The Right to DemocracyThe Right to Democracy

Article 25 of ICCPRArticle 25 of ICCPR ““Promotion of the Right to Promotion of the Right to

Democracy” – Resolution of the Democracy” – Resolution of the Commission on Human Rights (1999)Commission on Human Rights (1999)

Regional documents:Regional documents:

OAS CharterOAS Charter

Statute of the Council of EuropeStatute of the Council of Europe

Charter of Paris for a New EuropeCharter of Paris for a New Europe

The Right to DemocracyThe Right to Democracy Thomas Franck:Thomas Franck:

Self DeterminationSelf Determination

Freedom of ExpressionFreedom of Expression

Electoral rightsElectoral rights Promoting democracy:Promoting democracy:

Qualification for membership in IOs Qualification for membership in IOs

Precondition for development Precondition for development assistanceassistance

Restoring democracy by force Restoring democracy by force

The Right to DemocracyThe Right to Democracy

Is it a good idea?Is it a good idea? Disputed contentDisputed content More basic rights have not gained More basic rights have not gained

sufficient adherencesufficient adherence Imposition of Western values?Imposition of Western values? Can it be reconciled with self Can it be reconciled with self

determination (freedom to choose determination (freedom to choose political status)? Articles 2(4) and political status)? Articles 2(4) and 2(7) of UN Charter?2(7) of UN Charter?

Democratic Legitimacy of Democratic Legitimacy of IOsIOs

No direct electoral accountability No direct electoral accountability Lack of transparency, secretive Lack of transparency, secretive

decision makingdecision making Hard for individuals and interest Hard for individuals and interest

groups to influence and monitorgroups to influence and monitor Insufficient attention to local values Insufficient attention to local values

and interests and interests Override national authorities Override national authorities

Unbounded Power?Unbounded Power?

Democratic Legitimacy of Democratic Legitimacy of IOsIOs

Neo-liberal bias? Focus on trade Neo-liberal bias? Focus on trade liberalization and pro-business liberalization and pro-business regulation instead of welfare and regulation instead of welfare and redistribution redistribution

No meaningful participation and No meaningful participation and political discourse, passive citizens political discourse, passive citizens

Democratic Legitimacy of Democratic Legitimacy of IOsIOs

Counterarguments:Counterarguments: ““Democratization” of IOs is not Democratization” of IOs is not

efficient, risk of paralysisefficient, risk of paralysis Insulation is necessary for desirable Insulation is necessary for desirable

yet unpopular decisions (e.g. yet unpopular decisions (e.g. minority protection)minority protection)

The baseline for comparison is “real The baseline for comparison is “real world” democracies, where we find world” democracies, where we find considerable delegationconsiderable delegation

Democratic Legitimacy of Democratic Legitimacy of IOsIOs

Delegation solves the following Delegation solves the following problems:problems:

Complexity of decisions Complexity of decisions Decisions which need to be insulated Decisions which need to be insulated

from short term or popular from short term or popular considerationsconsiderations

Redressing biases in democratic Redressing biases in democratic representationrepresentation

Democratic Legitimacy of Democratic Legitimacy of IOsIOs

““Democratic Deficit” in the EU?Democratic Deficit” in the EU? European Parliament is the only European Parliament is the only

elected branchelected branch Supremacy of EU law over national Supremacy of EU law over national

legislationlegislation Cultural gap between Brussels and Cultural gap between Brussels and

the “average European” the “average European”

Democratic Legitimacy of Democratic Legitimacy of IOsIOs

But on the other hand…But on the other hand… Limited mandate: trade and related Limited mandate: trade and related

issues, monetary policyissues, monetary policy Limited financial resourcesLimited financial resources Power dispersion; Policy making and Power dispersion; Policy making and

implementation require consensus implementation require consensus and cooperation between EU and cooperation between EU institutions and national authorities institutions and national authorities

Democratic Legitimacy of Democratic Legitimacy of IOsIOs

Multi-level process ensures Multi-level process ensures transparency and public scrutinytransparency and public scrutiny

Insulation of Court and central bank: Insulation of Court and central bank: common practice in democratic common practice in democratic systemssystems

National representatives at the National representatives at the Council of Ministers act under Council of Ministers act under instruction from national executives instruction from national executives

Democratic Legitimacy of Democratic Legitimacy of IOsIOs

Other oft-criticized institutions: Other oft-criticized institutions: IMFIMF GATT/WTOGATT/WTO NAFTANAFTA Security CouncilSecurity Council

Democratic deficit in NGOs?Democratic deficit in NGOs?

IOs and DemocratizationIOs and Democratization

Determinants of democratic Determinants of democratic transition are primarily domestictransition are primarily domestic

But international institutions can But international institutions can matter as well:matter as well:

Democracy aid programsDemocracy aid programs Diplomatic pressureDiplomatic pressure Economic sanctionsEconomic sanctions

IOs and DemocratizationIOs and Democratization

Assuaging fears of economic elitesAssuaging fears of economic elites Socialization of the militarySocialization of the military Locking in democratic reforms (e.g. Locking in democratic reforms (e.g.

ECHR, NAFTA)ECHR, NAFTA)

EU and NATO expansion: Evidence EU and NATO expansion: Evidence for the democratic impact of IOs? for the democratic impact of IOs?

Democracy and Democracy and CommitmentCommitment

The traditional view: democracies are The traditional view: democracies are less reliableless reliable

Unstable public opinionUnstable public opinion Many people involved in policy Many people involved in policy

formationformation Frequent leadership changeFrequent leadership change

Democracy and Democracy and CommitmentCommitment

But in fact democratic commitments But in fact democratic commitments tend tend

to be more credible:to be more credible: Regularized leadership change, high Regularized leadership change, high

level of policy continuitylevel of policy continuity Democratic cultureDemocratic culture Democratic interdependenceDemocratic interdependence Juridical limits on power Juridical limits on power

Democracy and Democracy and CommitmentCommitment

Multiple veto points, easier to block Multiple veto points, easier to block policy changepolicy change

Interest groups pressure Interest groups pressure TransparencyTransparency Audience costs for reneging on Audience costs for reneging on

commitmentcommitment

Democracy and Democracy and CommitmentCommitment

Limitations on democratic credibility:Limitations on democratic credibility: New or unstable democraciesNew or unstable democracies Weak constitutional constraintsWeak constitutional constraints Issues surrounded by secrecy Issues surrounded by secrecy