What has become of the emerging right to democratic governance?

Marks, S.ORCID logo (2011). What has become of the emerging right to democratic governance? European Journal of International Law, 22(2), 507-524. https://doi.org/10.1093/ejil/chr023
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In 1992 the American Journal of International Law published an article by Tom Franck entitled ‘The Emerging Right to Democratic Governance’. The article inaugurated an important debate on the relationship between international law and democracy. Reviewing that debate, I examine four different ways of thinking about the contemporary significance of the emerging right to democratic governance. While not claiming that any is wrong, I consider some respects in which each is limited. I also discuss Haiti, as a country which inspired the thesis of the emerging democratic entitlement, and one which remains illuminating for it today.

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