%0 Journal Article
%T Kas rahvusvahelises  iguses on  igus demokraatiale?
%A Liis Halling
%J Acta Societatis Martensis
%D 2010
%I 
%X The concept of the right to democracy in international law has been the subject of controversial discussions since it was first introduced in legal literature by Thomas M. Franck in the early 1990s. Proponents of the right to democracy believe that the spread of democracy among all nations could end warfare, as democratic nations do not wage war on one other.This article first explores the development of the definition of the right to democracy, and identifies its sources as they have been introduced in legal literature since 1990. Although the right to democracy is not explicitly mentioned in any international convention, it can be derived from three concepts: the theory of democratic legitimacy, the right to self-determination and the right to political participation. The article then examines how the theoretical right to democracy is established in the reality of international law. The author explores state practice, international conventions, judgments, relevant resolutions of the General Assembly of the United Nations and reports of the UN Secretary-General.The author concludes that although the concept of the right to democracy will soon celebrate its 20th anniversary, it has yet to receive large-scale international acceptance. The argument that liberal democracies do not go to war with one other is not sufficient for all states and peoples to accept democracy as their form of government. The right to self-determination must be realized through democratic elections, whereas the results of elections are not clearly defined. Thus, every nation can choose the political order it finds most suitable. The theory of democratic legitimacy is also not sufficiently verified in practice, as both democratic and non-democratic regimes are widely recognized at the international level.
%U http://www.martens.ee/acta/4/051-075_Halling.pdf