A Right to Democracy in International Law: Its implications for Asia

Abstract

International law has traditionally been neutral towards the concept of an entitlement to democracy. ... In addition, traditional international law did not concern itself with the democratic character of sovereign States since democratic governance was not a criterion of statehood. ... While the provisions of the cited international instruments promoted certain aspects of the concept of democratic governance, they did not necessarily entail an emergence of a right to democracy in general international law because sovereignty and non-intervention into domestic affairs were emphasisedin all such instruments. ... Those who have supported the right of pro-democratic intervention need to establish not only that a right to democratic entitlement is now accepted as a rule of customary international law by the international community as a whole, but also that a right to democratic governance will necessarily entail the right of a State or 'coalition of the willing' to use force to establish, maintain or restore a democratic regime in another State.