Using Might to Enforce a Right

See the collection of work in Fox Gregory Roth Brad (eds), Democratic Governance and International Law, Cambridge University Press, Cambridge, 2000.

Franck Thomas M. , ‘The Emerging Right to Democratic Governance’, (1992) 86 American Journal of International Law 46 at 47 and 55.

Declaration on Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations, Annex to GA Res. 2625, 25 UN GAOR Supp. (No.28) at 121, UN Doc. A/8028 (1970). The GA adopted this declaration on 10 December 1948, see GA Res. 217A, UN GAOR, 3rd sess. at p.71.

UKTSc6 (1977), Cmnd. 6702; (1967) 61 AJIL 870. By March 1999 144 nation–states were parties to the Covenant. Fox Gregory , ‘The Right to Political Participation in International Law’, in Fox Roth (eds), above, ref 1, p.53.

This is Fukuyama's theory of the ‘end of history’, as discussed in detail by Marks Susan , ‘International Law, Democracy and the End of History’, in Fox Roth (eds), above, ref 1, pp.532–66.

Ojo B. , Human Rights and the New World Order: Universality, Acceptability and Human Diversity, Nova Science Publishers Inc., New York, 1997, p.87; Franck Thomas , ‘Democracy as a Human Right’, in Henkin Lewis Hargrove John (eds), Human Rights An Agenda for the Next Century, The American Society of International Law, Washington, 1994, pp.73–102 at 73.

Ratner Stephen , ‘Democracy and Accountability: The Criss-Crossing of two Emerging Norms’, in Henkin Lewis Hargrove John (eds), above, ref 10, pp.449–90.

Dasgupta Partha Maskin Eric , ‘Democracy and Other Goods’, in Shapiro Ian Hacker-Gordon Casiano (eds), Democracy's Value, Cambridge University Press, 1999, pp.69–91 and 81.

Owen John , ‘International Law and the “Liberal Peace”’ in Fox Roth (eds) above, ref 1, pp. 343–85; Fox Nolte , ‘Intolerant Democracies’ in Roth Fox anf (eds) above, ref1, pp. 389–435 at 397.

See Franck , above ref 2 generally.

For example see Articles 1(2) and 55 of the UN Charter; the Declaration on the Granting of Independence to Colonial Countries and Peoples GA Res. 1514 (XV); the Declaration on Principles of International Law Concerning Friendly Relations and Co-operation Among States in Accordance with the Charter of the United Nations, GA Res. 2625 (XXV); Article 1(1) ICCPR; the American Convention on Human Rights; the African Charter on Human and Peoples' Rights.

This is in accordance with Article 53 of the Vienna Convention on the Law of Treaties. See also Gros-Espiell H. , The Right to Self-Determination of United Nations Resolutions, United Nations, 1980.

Legal Consequences for States of the Continued Presence of South Africa in Namibia (South-West Africa) ICJ Rep., 1971, p.16.

Western Sahara (Advisory Opinion) ICJ Rep., 1975, p.23.

Tomuschat Christian , ‘Self-determination in a Post-Colonial World in Secession’ in Tomuschat Christian (ed.), Modern Law of Self-Determination, Kluwer Academic Publishers, 1993, pp.1–20 at 2.

Franck , above, ref 2, pp.46 and 52; Crawford James , ‘Democracy and the Body of International Law’, in Fox Roth (eds), above, ref1, p.94.

United Communist Party of Turkey (TBKP) v Turkey , 26 European Human Rights Reports 121 (1998) 45, where the Court held that Turkey had violated Art.11 of the European Convention in banning the TBKP because of its desire for a peaceful solution to the Kurdish problem, and thus prevented the right to democracy.

Franck , above, ref 2, p.49; Tanca Antonio , Foreign Armed Intervention in Internal Conflict, Martinus Nijhoff Publishers, Dordrecht, 1993, p.106.

Franck Thomas , above, ref 2, p.46.

Murphy Sean , ‘Democratic Legitimacy and the Recognition of States and Governments’, (1999) 48(3) International and Comparative Law Quarterly 545 at 547.

Franck Thomas , in Fox Roth (eds), above, ref 1, at p.46. Articles 1.2 and 1.3 of the ICCPR as well as resolutions of the UN General Assembly, paras 4 and 5 Res.1514 (XXV); Res. 2825(XV).

G.A. Res. 2787 (XXVI), 1971.

Tanca , above, ref 16, pp.106–7.

Duursma Jorri , Fragmentation and the International Relations of Micro-States, Self-Determination and Statehood, Cambridge University Press, 1996, p.11.

Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v United States of America) 1986 Rep., p.14 (the Nicaragua Case).

Quane Helen , ‘The United Nations and the Evolving Right to Self-Determination,’ (1998) 47(3) International and Comparative Law Quarterly 537 at 548–558 and 555.

‘The principle of self-determination as a right of peoples, and its application for the purpose of bringing all colonial situations to a speedy end’, Western Sahara (Advisory Opinion) Case, ICJ Rep., 1975, p.31 at para. 55, emphasis added.

Cassese Antonio , Self-Determination of Peoples, Cambridge University Press, 1995, pp.14–18.

Cassese Antonio , above, ref 26, pp.46–47 and 52–54. See, in particular, the remark by the Chairman of the Working Party of the Third Committee at ref 51.

Salmon Jean , ‘Internal Aspects of the Right to Self-Determination’ in Tomuschat C. (ed), above ref 13, p.268.

Batistich M. , ‘The Right to Self-Determination and International Law’, (1992–1995) 7 Auckland University Law Review 1013 at 1015.

Wilson's Fourteen Points: See Cassese , above, ref 26, pp.22–24.

Rothstein Robert , ‘Weak Democracy and the Prospect for Peace and Prosperity in the Third World’, in Brown S. Schraub K. (eds), Resolving Third World Conflict, Challenges for a New Era, United States Institute for Peace, Washington, 1992, pp.16–50 at 17.