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Unformatted text preview: en a prelude to war. n249 Former Secretary-General Boutros Boutros-Ghali identified democracy as the foundation of peace, and human rights as the foundation of democracy, n250 squarely rejecting one predecessor's views that political murder and execution do not threaten international peace and security. SLHS Value File DEMOCRATIC GOVERNANCE IS A HUMAN RIGHT AND JUST AS VALUABLE. Patricia Y. Reyhan, Professor at Albany Law School, 1997. "Should International Law Prohibit Domestic Humanitarian Intervention?," Albany Law Review, p. 783. Noting that the right of democratic government is the sine qua non not only for the realization of other rights, but also for international peace, Michael Reisman asserts: "Democracy will not take root in many new states if outsiders do not commit themselves to doing what is necessary to sustain it. The doctrine of humanitarian intervention allows such action." The right of democratic governance is viewed as an essential concomitant of long-recognized international human rights and as worthy of recognition as those other rights. The tendency to devalue the right to democratic government as "somehow less urgent than other human rights violations [has been described as] a serious error." Fernando Teson has offered four reasons that inherently support an internationally-protected right of democratic governance. First is the issue of "agency." "If international law is largely created by nation-states, then the international community needs some criterion to determine when some official actually represents the state." In Teson's view, "[a] rule requiring democratic legitimacy in the form of free adult universal suffrage seems the best approximation to actual political consent and true representativeness." Second, as noted above, democratic governance is essential in the long run to the enjoyment of other human rights. Third, "democracies are more peaceful, and therefore a rule requiring democratic rule is consonant with the ideal of a lasting world peace ...." Fin...
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This document was uploaded on 11/20/2013.
- Fall '13