ABSTRACT
This chapter puts forth the proposition that the Universal Declaration of Human Rights (UDHR) holds an important place with regard to the promotion and protection of democracy in international law. Our argument is that the UDHR serves as a foundation for understanding the meaning, content and parameters of democracy as an international legal principle. Commentators have attempted to claim that the adoption of the UDHR in 1948 gave rise at that time to an international right to democratic governance.1 Clearly, the reality of the international system from 1948 showed that such a right was non-existent as international law and took minimal notice of the structures or processes of government and governance. International law’s attention to governance took a major turn with the end of the Cold War. In both practice and rhetoric, international law was utilised to engage in the promotion and protection of democracy. While there has been widespread evidence of support expressed for democracy in both international law and relations, determining the meaning of what is at stake remains a critical issue to be addressed. We will assert that the UDHR provides substantial guidance for defining
democracy in international law as it contains the core elements of a definition of democracy that covers procedures, substance and a normative basis. The UDHR does not establish a detailed framework for democracy as democratic practices will vary and a degree of pluralism in understanding democracy is necessary. What the UDHR does provide is the parameters for understanding what constitutes democracy in international law as well as normative support for the pursuit of more effective democratic systems. As the UDHR is not a legally binding document its contribution to the promotion and protection of democracy in international law does not come in the form of legal obligations but rather as normative support that has widespread acceptance. This chapter will begin with a brief discussion of international law and the promotion and protection of democracy in order to highlight the definitional issues that are at stake. The next section will discuss the drafting of the UDHR focussing on debates concerning the nature of government and governance before undertaking an assessment as to how the final version of the UDHR supports an understanding of democracy.
The adoption of the UDHR was a revolutionary development in international law as it marked the first significant effort to restrain the exercise of government by reference to the promotion and protection of human interests over state interests. The development of an international law of democracy in the post-Cold War period has also marked a major development in the nature of international law and relations. In both cases these developments can be seen as efforts ‘to promote social progress and better standards of life in larger freedom’,2 ideas and practices that are central to an appropriate understanding of democracy.
