This work explores the contribution that international law may make to the resolution of culture conflicts--political disputes between the members of different ethno-cultural groups--in democratic States. International law recognizes that persons belonging to minorities have the right to enjoy their own culture and peoples have the right to self-determination without detailing how these principles are to be put into effect. The emergence of democracy as a legal obligation of States permits the international community to concern itself with both the procedure and substance of 'democratic' decisions concerning ethno-cultural groups.

This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

PART V CRITICAL APPROACHES.

The reigning consensus holds that the combination of free markets and democracy would transform the third world and sweep away the ethnic hatred and religious zealotry associated with underdevelopment. In this revelatory investigation of the true impact of globalization, Yale Law School professor Amy Chua explains why many developing countries are in fact consumed by ethnic violence after adopting free market democracy. Chua shows how in non-Western countries around the globe, free markets have concentrated starkly disproportionate wealth in the hands of a resented ethnic minority. These “market-dominant minorities” – Chinese in Southeast Asia, Croatians in the former Yugoslavia, whites in Latin America and South Africa, Indians in East Africa, Lebanese in West Africa, Jews in post-communist Russia – become objects of violent hatred. At the same time, democracy empowers the impoverished majority, unleashing ethnic demagoguery, confiscation, and sometimes genocidal revenge. She also argues that the United States has become the world’s most visible market-dominant minority, a fact that helps explain the rising tide of anti-Americanism around the world. Chua is a friend of globalization, but she urges us to find ways to spread its benefits and curb its most destructive aspects.

TABLE OF UN DOCUMENTS.

At the end of the Cold War, international law scholars engaged in furious debate over whether principles of democratic legitimacy had entered international law. Many argued that a 'democratic entitlement' was emerging. Others were skeptical that international practice in democracy promotion was either consistent or sufficiently widespread and many found the idea of democratic entitlement dangerous. Those debates, while ongoing, have not been comprehensively revisited in almost twenty years. Together with an original introduction, this volume collects the leading scholarship of the past two decades on these and other questions. It focuses particular attention on the normative consequences of the recent 'democratic recession' in many regions of the world.

This book explores the right to democracy in international law and contemporary democratic theory, asking whether international law encompasses a substantive or procedural understanding of the notion. The book considers whether there can be considered to be a basis for the right to democracy in international customary law. The book then goes on to explore the relevant provisions in international treaties including the International Covenant on Civil and Political Rights before looking at the role of regional organizations and human rights regimes. Khalifa A. Alfadhel draws on the work of John Rawls in order to put forward a theoretical basis for the right to democracy.