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Post-national (international) law at the end of history

Research paper by Marjan Ajevski

Indexed on: 23 Dec '16Published on: 07 Dec '16Published in: International Politics Reviews



Abstract

Abstract The post-Cold War world has seen the rise of global governance, a governance by international institutions that increasingly manages to bypass the traditional mechanisms of international law-making and, more importantly, domestic procedures of incorporation. This has put into question the legitimacy of the international legal order for which legal scholars have put forward proposals for reform – a post-national legal order. What they see is the democratic deficit of global governance and propose models of legal order that try to fix it. However, what they do not justify is their basic assumption: why democracy (and equality and rights) in a world that is increasingly rejecting it? By not justifying this assumption, legal scholars have withdrawn themselves from the next ideological debate: why are democracy and rights the best alternatives for a future legal order?AbstractThe post-Cold War world has seen the rise of global governance, a governance by international institutions that increasingly manages to bypass the traditional mechanisms of international law-making and, more importantly, domestic procedures of incorporation. This has put into question the legitimacy of the international legal order for which legal scholars have put forward proposals for reform – a post-national legal order. What they see is the democratic deficit of global governance and propose models of legal order that try to fix it. However, what they do not justify is their basic assumption: why democracy (and equality and rights) in a world that is increasingly rejecting it? By not justifying this assumption, legal scholars have withdrawn themselves from the next ideological debate: why are democracy and rights the best alternatives for a future legal order?