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To what extent, if at all, does international law today require states (whether new states or existing states) to be democratic To what extent should it Discuss

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In context of United Nations, it is seen that the word democracy was never a part of the original charter that was drafted by the United Nations 70 years ago. This is because; many of the member states who were part of UN were not democratic at that point of time and thus they did not consider democracy as a system. There were several others who claimed democracy although they did not practice the same. There has been another point of view of the debate which counters the legitimacy of international law to venture into sovereignty of a country and determine whether or not it is democratic.

The following pages describes the issue by first talking about the process of creation of the state followed and then going on to discuss the importance or the requirement of new states or existing states to be democratic as per the international law. The paper also discusses whether the international law has the right to decide about the democracy of a country. Acquisition of statehood is not defined by international laws. All the existing states are considered to be protected by a principle which is regarded as “principle of territorial integrity”.

Whereas absolute prohibition of succession is not generated by this principle, it is guaranteed as a result of this principle that it is not possible that the states will not automatically emerge. It is possible for states to emerge if it is possible to overcome the claim to territorial integrity or if the principle is not applicable any longer (Buchanan, 2005). It is only due to this principle that the independence seeking entity has the burden to move the status quo of territory.

The task in itself is very difficult and is successful only in rare instances (Fox & Roth, 2001). Thus the process of emergence of a new state is a political struggle in which the entity which seeks independence has to overcome the counterclaim of territorial integrity. There are four different ways in which this succession can take place. One of the ways is in which the parent state forgoes its claims. Another way is that in which the parent and the independent states decide that the parent state needs to be extinct.

Third pathway involves the involvement of international agencies to either help in procuring a waiver or leading to the non-consensual extinction of the parent state (Wobig, 2015). Fourth is

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preview essay on To what extent, if at all, does international law today require states (whether new states or existing states) to be democratic To what extent should it Discuss
  • Pages: 19 (4750 words)
  • Document Type: Essay
  • Subject: Law
  • Level: Ph.D.
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