n African Journal of Democracy and Governance - L'obligation de démocratiser en droit international

Volume 2, Issue 1_2
  • ISSN : 2313-6529


International law is defined as a set of rules and principles that govern the relationships between the subjects of international law, which are states and international organizations. According to Article 38 (1) of the Statute of the International Court of Justice, international law is based on international conventions, international custom, the general principles of law recognized by civilized nations, judicial decisions, and the teachings of the most highly qualified publicists of the various nations as subsidiary means for the determination of the rules of law. All these sources take democracy seriously.

In his famous Gettysburg Address, US President Abraham Lincoln referred to democracy as 'the government of the people by the people and for the people'.President Lincoln since then became the oracle who is generally cited on the definition of this highly contested concept. Democracy entails the sovereignty of the people, free and fair elections, respect for human rights and the rule of law. This articles enquiries into the sources of international law, especially international conventions, to demonstrate that modern international law has developed to include an obligation to democratize that is now binding on each state as a member of the community of nations.

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