Democracies and International Law (Hersch Lauterpacht Memorial Lectures)

Democracies and authoritarian regimes have different approaches to international law, grounded in their different forms of government. As the balance of power between democracies and non-democracies shifts, it will have consequences for international legal order. Human rights may face severe challenges in years ahead, but citizens of democratic countries may still benefit from international legal cooperation in other areas. Ranging across several continents, this volume surveys the state of democracy-enhancing international law, and provides ideas for a way forward in the face of rising authoritarianism. "Recent years have seen a decline in the number of democracies in the world, even as international legal architecture supporting democracy has expanded. Taking an empirical approach, this volume shows that democracies have been the primary producers of international legal norms, but authoritarians are learning to use the international legal system to their advantage. Regional organizations have a mixed record in defending democracy, but are likely to play an important role in the future if democracy is to withstand the authoritarian wave. Ranging across several continents, this volume surveys the state of democracy-enhancing international law, and provides ideas for a way forward in the face of rising authoritarianism"-- Provided by the publisher "Recent years have seen a decline in the number of democracies in the world, even as international legal architecture supporting democracy has expanded. Taking an empirical approach, this volume shows that democracies have been the primary producers of international legal norms, but authoritarians are learning to use the international legal system to their advantage. Regional organizations have a mixed record in defending democracy, but are likely to play an important role in the future if democracy is to withstand the authoritarian wave. Liberalism, though battered, will survive as a force in international law for the foreseeable future"-- Provided by publisher Copyright_page 1 Dedication 5 Frontispiece 6 Contents 7 Figures 8 Tables 9 Preface 11 Acknowledgments 16 Introduction: Democracy and International Law 19 1 Why Would Democracies Be Different? 49 2 Are Democracies Different? Some Facts 78 3 Can International Law Save Democracy? 121 4 Regions and the Defense of Democracy 142 5 Authoritarian International Law 204 6 Whence the Liberal Order? China, the United States and the Return of Sovereignty 255 Conclusion 306 Index 325