Democratic Governance: An Emerging Customary Norm?

Jackson N. Maogoto, University of Newcastlle

Abstract

Even when states agree on the kinds of changes necessary to initiate or restore democracy in a particular country, they may disagree sharply on the role the international community should play in seeking such changes. Such differences reflect strong philosophical and political differences over the extent to which external actors may legitimately seek changes in the domestic politics of other states. In practice, therefore, cases in which broad international agreement on measures to be taken against undemocratic regimes can be achieved are the exception rather than the rule. Democratic entitlement as a universal human right is a complex and multifaceted issue. The Article has as its modest aim a general reflection on the enshrinement of democracy as a universal entitlement and the movement of international law in a pro-democratic direction The Article will seek to highlight the general uncertainties that continue to plague the democratic entitlement. The Article deliberately focuses on the United Nations system with reference also being given to regional efforts. The Article does not discuss the legal justifications and nature of measures to address undemocratic regimes. While such measures are significant in pro-democratic discourse, it is beyond the scope of the Article’s general aim of exposing the thorny issues that surround democratic entitlement as a universal right.