Examining the Position of the Criterion of Democratic Governance in Modern International Law
Keywords:
Democracy in international law, national sovereignty, international organizationsAbstract
This article examines the role of the democratic nature of the governing system in modern international law. Democracy, as a fundamental principle in human rights and an important criterion for assessing the legitimacy of states and political systems, has always been a key focus in various fields of international law. In this regard, the article aims to analyze the key concepts related to democracy, its historical development in international law, and its relationship with human rights principles, as well as global peace and security. The study first explores different definitions of democracy and its criteria, followed by an analysis of the position of democracy in international documents such as the United Nations Charter and the International Covenant on Civil and Political Rights. The paper then delves into the theoretical foundations of democracy in international law, examining various legal and human rights theories that regard democracy as a crucial standard. Further, the article addresses the practical challenges and critiques related to the acceptance of democracy in international law and analyzes the role of international institutions in promoting and overseeing democracy. onFinally, the article provides a comparative analysis of democratic and non-democratic countries, evaluating successful and unsuccessful examples of implementing democratic criteria in international law. It assesses the challenges and obstacles to achieving democracy at the global level and offers recommendations for improving the current state of affairs. This research aims to provide a more comprehensive understanding of the relationship between democracy and international law and to explore its practical and theoretical implications.
References
Arouti, M. (2021). Types of government and their role in the realization of collective human rights in the political-social thought of Mirza Naini. Journal of Social Theory of Muslim Thinkers, 11(2), 83-105.
Beijerman, M. (2018). Conceptual confusions in debating the role of NGOs for the democratic legitimacy of international law. Transnational Legal Theory, 9(2), 147-173. https://doi.org/10.1080/20414005.2018.1547956
Bytyci, F., & Phillips, D. L. (2017). State-building and the making of democracy: Kosovo in comparative perspective. Journal of Balkan and Near Eastern Studies, 19(1), 68-86.
Crum, B., & Merlo, S. (2020). Democratic legitimacy in the post-crisis EMU. Journal of European Integration, 42(3), 399-413. https://doi.org/10.1080/07036337.2020.1730347
Grzybowski, J. (2019). The paradox of state identification: De facto states, recognition, and the (re-)production of the international. International Theory, 11, 241-263. https://doi.org/10.1017/S1752971919000113
Jalili, A., Dehghan, M., & Mehrad, M. (2024). Independence or accountability: A reflection on the institution of judicial oversight in the legal system of the United States. Legal Research Journal.
Khavari, A., & Simber. (2022). A comparative study of the political-social rights of women in the Islamic Republic of Afghanistan (2001-2021) and the Islamic Emirate of Afghanistan (2021-present) and its alignment with Islamic views and international laws. Journal of Research and Development in Comparative Law, 5(16), 144-169.
Mazaheri-Jabali, S., & Behnam-Roudsari, Y. (2020). How to recognize and not recognize a state (some practical considerations). Research on Nations, 50(5), 55-69.
Pourkhaghan, Z., Yaqoubpour, R., & Heydarpoor, H. (2019). The concept, position, and function of the principle of due diligence in international criminal law (with a focus on states' obligations to cooperate with the International Criminal Court).
Rastgar-Khalid, D. A., Azimi, H., Rahimi, M., & Maziyar, A. (2020). Proposing a conceptual framework for democratic citizenship. Citizenship Law Studies, 17(4), 7-26.
Rollo, T. (2019). Imperious temptations: Democratic legitimacy and indigenous consent in Canada. Canadian Journal of Political Science, 52(1), 1-19. https://doi.org/10.1017/S0008423918000343
Sadat Bidgoli, S. (2023). An analysis of the challenge of legitimacy of Ashraf Ghani's government. Iranian History Journal, 16(2), 225-246.
Sajadi Zadeh, S. A., Shahbazi, A., & Miri, B. (2020). Examining the recognition of state responsibility in relation to self-defense (with a comparative approach to Islamic law and international law). Discourse on Jurisprudence and Principles, 6(5), 47-70.
Savari, A., Rahmatifar, S., & Zarnashan, M. (2022). Legitimacy of the Taliban government from the perspective of international law. New Achievements in Public Law, 5(2), 82-101.
Touhidi, A., Ghassami Shahi, S., & Mohammadamir, M. (2023). The paradox of state practice regarding non-recognition of the Taliban government with an emphasis on Iran's strategy. Strategic Journal, 31(4), 695-728.
Zamani, M., Nikoui, S., & Shahbaziani, H. (2017). Legitimacy of third-party military intervention based on the host country’s invitation: An analysis of military interventions in Mali, Ukraine, Syria, and Yemen. Public Law Research, 18(54), 289-317.
Downloads
Published
Submitted
Revised
Accepted
Issue
Section
License
Copyright (c) 2025 مریم فتاحیان, فرامرز امجدیان, فرید آزادبخت (نویسنده)

This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.