Open AccessDemocratic Custom v International Customary Law
Author(s) -
Nicole Roughan
Publication year - 2007
Publication title -
victoria university of wellington law review
Language(s) - English
Resource type - Journals
eISSN - 1179-3082
pISSN - 1171-042X
DOI - 10.26686/vuwlr.v38i2.5527
Subject(s) - democracy , criticism , customary international law , law , political science , representation (politics) , international law , sociology , law and economics , public international law , politics
This article responds to the criticism that customary international law is undemocratic, by arguing that the criticism takes too narrow a view of conceptions of democracy and custom. The author suggests that democracy can be conceived as a process of participation rather than representation; and presents a conception of "compound custom" which combines the elements of custom as a source of law, as a mode of rights, and as a foundation of interaction. With this conception of compound custom in mind, customary international law has a greater democratic potential.