ABSTRACT

Professor Thomas Franck calls for multilateral action to promote the legitimacy of regimes. Franck's proposed criterion for legitimacy is defined in light of the norms in Article 25 of the International Covenant on Civil and Political Rights, which declares a right to political participation. The constant refrain has been on non-coerced, secret elections, pluralism, and multiparty systems as elements to determine legitimacy. Franck's concern with the election clause, and the machinery he suggests, are both necessary and commendable. But his recommendation does not go far enough, and it may not ensure and guarantee "the free expression of the will of the electors," which is required by Article 25 of the Covenant. Unilateral military intervention is not a legally justified means to bring about legitimacy of the kind that Franck and Professor Igor Lukashuk mention, that is, to promote democracy and free choice.