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Governmental illegitimacy in international law

Author: Brad R Roth
Publisher: Oxford : Clarendon Press ; New York : Oxford University Press, 1999.
Edition/Format:   Book : EnglishView all editions and formats
Summary:
This work seeks to specify the international law of collective non-recognition of governments, so as to enable legal evaluation of cases in which competing factions assert governmental authority. It subjects the recognition controversies of the United Nations era to a systematic examination, informed by theoretical and comparative perspectives on governmental legitimacy.--Publisher description.
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Details

Material Type: Internet resource
Document Type: Book, Internet Resource
All Authors / Contributors: Brad R Roth
ISBN: 0198268521 9780198268529
OCLC Number: 40218681
Description: xxx, 439 p. ; 24 cm.
Contents: Preface / by Oscar Schachter --
1. International politics, international law, and the legitimacy of domestic governments. The issue: illegitimate governments as a legal category. Legal norms and international security. The paradox of sovereignty in international law --
2. Legal legitimacy in theoretical perspective. The question of legitimate authority. Legal legitimacy and international political morality --
3. Popular sovereignty and domestic constitutional orders. Vehicles of legitimation. The constitutional order and its limits. The primacy of the legitimating vision --
4. The rise and fall of revolutionary-democratic dictatorship. Theoretical foundations of revolutionary democracy. Teleological democracy and vanguard dictatorship. Revolutionary-democratic dictatorship and contemporary international discourse --
5. Recognition doctrine. Recognition and intervention in internal armed conflict. Legitimacy contests and modes of collective resolution --
6. Ascertaining the will of 'Peoples': governmental illegitimacy and self-determination. From principle to right: self-determination in the scheme of sovereign equality. Self-determination and popular will. Local deprivations of self-determination: Rhodesia, South Africa and beyond --
7. Two governments, one state: recognition contests and the use of force. UN credentials and collective legal recognition. Intervention by invitation of the legitimate government. Governmental illegitimacy and foreign intervention: three cases. Recognition contests, 1950-89 --
8. Governmental illegitimacy and political participation. Political participation in human rights law. Legitimacy and quasi-plebiscitary elections. Participation and the basis of governmental authority --
Haiti and beyond: popular will and de-legitimation in the 1990s. Collective responses to the breakdown of electoral arbitration. The broader context: sovereignty and internal crises in the 1990s. Governmental illegitimacy and collective practice --
10. Conclusion: Sovereignty and popular will. The international law of governmental illegitimacy. The dangers of liberal-democratic legitimism.
Responsibility: Brad R. Roth.
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Abstract:

This work seeks to specify the international law of collective non-recognition of governments, so as to enable legal evaluation of cases in which competing factions assert governmental authority. It subjects the recognition controversies of the United Nations era to a systematic examination, informed by theoretical and comparative perspectives on governmental legitimacy.--Publisher description.

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