Objectives:

• to identify the development of a right to democratic governance in international law in United Nations and regional institutions
• to analyse the content and characteristics of such a right
• to explore alternative formulations of such a right
• to consider the implications of such a right at a national level using examples such as Iraq and Afghanistan

Content:

The end of the Cold War is often considered to have placed a commitment to democratic forms of government back on the international agenda.  This class will examine the relationship between ideas of democracy and international law.  The international legal engagement with democracy has been hesitant and uncertain.  The course will study the recent wave of scholarly literature proposing a 'right to democracy' and the way this has been put into practice through both military intervention and the impact of foreign aid supporting 'democratization' programs in the developing world.  It will examine the use of notions of democracy in recognition practice and in the membership criteria of international organisations.  It will analyse the 'good governance' programs of the international monetary institutions.  The seminar will also discuss the complex association between ideas of self-determination and democracy.

Students must rely on the Approved Assessment which will be posted to the course homepage on the ANU Law website, prior to the commencement of the course.

26 Contact Hours (Intensive Delivery)

PLEASE NOTE THIS COURSE IS CAPPED TO A MAXIMUM OF 20 STUDENTS, ACCEPTED ON A 'FIRST COME' BASIS.

Introduction to Legal Reasoning and Research (non-lawyers); Principles of International Law