Description
Book SynopsisWhen is a de facto authority not entitled to be considered a `government'' for the purposes of International Law? International reaction to the 1991-4 Haitian crisis is only the most prominent in a series of events that suggest a norm of governmental illegitimacy is emerging to challenge more traditional notions of state sovereignty. This challenge has dramatic implications for two fundamental legal strictures: that against the use or threat of force against a state''s political independence, and that against interference in matters `essentially'' within a state''s domestic jurisdiction. Yet although human rights advocates have begun to speak of state sovereignty as an `anachronism'', with some expansively proclaiming the emergence of an international `right to democratic governance,'' international law literature lacks systematic treatment of governmental illegitimacy. This work seeks to specify the international law of collective non-recognition of governments, so as to enable legal
Trade Reviewa work of international legal scholarship * Chimene Keitner, Yale Journal of International Law Vol 25 2000 *
impressive work * Thomas D Grant Cambridge Law Journal *
Roth does an exceptional job of elucidating the issue. Recommended for upper-division undergraduates, graduate students, faculty, and practitioners. * Choice *
This is an interesting, thought-provoking, and well-written book ... replete with wisdom. * International Law and Trade Perspective *
Table of ContentsPreface by Oscar Schachter ; Acknowledgements ; 1. International Politics, International Law, and the Legitimacy of Domestic Governments ; A. The Issue: Illegitimate Governments as a Legal Category ; B. Legal Norms and International Security ; C. The Paradox of Sovereignty in International Law ; 2. Legal Legitimacy in Theoretical Perspective ; A. The Question of Legitimate Authority ; B. Legal Legitimacy and International Political Morality ; 3. Popular Sovereignty and Domestic Constitutional Orders ; A. Vehicles of Legitimation ; B. The Constitutional Order and Its Limits ; C. The Primacy of the Legitimating Vision ; 4. The Rise and Fall of Revolutionary-Democratic Dictatorship ; A. Theoretical Foundations of Revolutionary Democracy ; B. Teleological Democracy and Vanguard Dictatorship ; C. Revolutionary-Democratic Dictatorship and Contemporary International Discourse ; 5 ; A. Recognition Doctrine ; B. Recognition and Intervention in Internal Armed ct ; C. Legitimacy Contests and Modes of Collective Resolution ; 6. Ascertaining the Will of 'Peoples': Governmental Illegitimacy and Self-Determination ; A. From Principle to Right: Self-Determination in the Scheme of Sovereign Equality ; B. Self-Determination and Popular Will ; C. Local Deprivations of Self-Determination: Rhodesia, South Africa and Beyond ; 7. Two Governments, One State: Recognition Contests and the Use of Force ; A. UN Credentials and Collective Legal Recognition ; B. Intervention by invitation of the Legitimate Government ; C. Governmental Illegitimacy and Foreign Intervention: Three Cases ; D. Recognition Contests, 1950-89 ; 8. Governmental Illegitimacy and Political Participation ; A. Political Participation in Human Rights Law ; B. Legitimacy and Quasi-Plebiscitary Elections ; C. Participation and the Basis of Governmental Authority ; 9. Haiti and Beyond: Popular Will and De-Legitimation in the 1990s ; A. Collective Responses to the Breakdown of Electoral Arbitration ; B. The Broader Context: Sovereignty and Internal Crises in the 1990s ; C. Governmental Illegitimacy and Collective Practice ; 10. Conclusion: Sovereignty and Popular Will ; A. The International Law of Governmental Illegitimacy ; B. The Dangers of Liberal-Democratic Legitimism ; C. Conclusion ; Notes ; Index
