Émergence et déclin de la gouvernance démocratique en droit international

This article argues that the years 1989-2010 can be hailed as an unprecedented epoch of international law during which domestic governance - understood here in a traditional way as the use of public authority at the domestic level through a central governmental authority - came to be regulated to an unprecedented extent. This materialized through the coming into existence of a requirement of democratic origin of governments which has been dubbed the principle of democratic legitimacy. However, this article submits that the rapid rise of non-democratic super-powers, growing security concerns at the international level, the 2007-2010 economic crisis, the instrumentalization of democratization policies of Western countries as well as the rise of some authoritarian superpowers could be currently cutting short the consolidation of the principle of democratic legitimacy in international law. Indeed, the role that democracy had played in the practice of recognition, State-creation, diplomatic relations, economic cooperation, multilateral uses of forces, approval of credentials in international organizations seems to be shrinking and losing its consistency, ushering in a possible end to this unique epoch of international law. After sketching out the possible rise (I) and fall (II) of the principle of democratic legitimacy in the practice of international law and the legal scholarship since 1989, this chapter seeks to critically appraise the lessons learnt from that period, especially regarding the ability of international law to regulate domestic governance (III). This brief study is capped by few critical remarks on the international legal scholarship and its internal dynamics (IV).