The Study On The State Democratic Governance Issues From The Perspective Of International Law

Before the end of the Cold War international law was indifferent to the state's democratic governance issue. But after the end of the Cold War activities of many international organizations including the United Nations show that the issue of the state's democratic governance has entered into the category of international law, Some European and American scholars have therefore proposed that democratic governance is an emerging norm or it has become a norm in international law, who constitutes a "school of democratic rights" in the European and American scholars of international law. But the school's doctrine has been widely questioned. And since the Cold War ended two decades of state practice also shows that democratic governance has not been formed as an international legal norms, it is just a value orientation of international law. And to promote the country's democratic governance, coercion or the use of force to impose democracy is neither legitimate nor feasible, the international community should insist on the principle of national sovereignty and non-interference in internal affairs, and promote the universal value of democracy through international law in the egalitarian way.The paper is composed of six chapters.Chapter1is the introduction. This chapter describes the reasons why "democratic governance problems of countries in the international law status" becomes the research topic of the dissertation, and the significance of the research, the present situation and thinking of the research.The topic of Chapter2is the status of the state's democratic governance issues in international law before the end of the Cold War. Democracy means rule of the people, the typical dominant contemporary democracy is representative democracy. Today, participatory democracy is becoming increasingly important. International law before the end of the cold war was neutral to the state's democratic governance issue, which is reflected in the Id's opinion, the attitude of the United Nations and the practices on recognition of governments. This neutral attitude is due to the essential characteristics of international law system, and the restrict by the principle of sovereign equality and non-interference in the internal affairs makes it impossible that the issue of the state's democratic governance enters into areas of international law norms. As philosophical basis of international law, value pluralism determines that international law only provides order, international law don't intervene with the internal lifestyle of the sovereignty state, including the mode of the political governing. In addition, it is also one of the reasons that there was not a long history for the democracy to obtain status of the respected.Chapter3elaborates performances that the state's democratic governance has entered into the category of international law. The United Nations has highlighted democracy as an important core value in a number of important documents, raised normative requirements on the basic elements of democracy such as elections, and list the democracy promotion as one of focus work in the practice of the United Nations, Some regional international organization even required democratic governance as a condition of member states, a standard about recognition of new states or new, and developed some instruments which stipulate sanctions or intervention measure to the member state violated the principle of democratic governance. As two global Intergovernmental democratic movements, International Conference of New or Restored Democracies and Community of Democracies are also important forces in promoting democratic governance.Chapter4discusses the theoretical debate on status of state's democratic governance in the international law. After the end of the Cold War a research boom of democratic governance has emerged in European and American scholars of international law, and formed a School of Democratic Governance Norms, this school believes that democratic governance is an emerging norm or it has become a norm in international law of the post-cold-war period, the new norm requires the government should take the form of democratic governance. These scholars mainly demonstrated the existence of the democratic governance norm from the perspective of self-determination, relevant international human rights instruments as well as the so-called global consensus on adoption of liberal democracy system. some scholars also demonstrated the validity of the norm from the perspective of democratic peace theory. Some scholars believe that the evidence on the emergence of the so-called democratic governance norms is not sufficient, the argument is careless. There is a lack of Opinio Juris on the issue of democratic governance in the practices of international community, and customary international law of democratic governance does not appear, let alone exists legally binding international treaty relevant. Moreover, the theory of democratic governance norms advocates democracy only in the sense of the "low density democracy","whitewash democracy","surface democracy".Chapter5concluded that promoting state's democratic governance is a new value orientation of international law. Democratic governance is not an existing international legal norm, but rather a new value orientation of international law, coercion or the use of force to impose democracy is neither legitimate nor feasible. On the basis of respecting existing international law, the international community needs to adopt an equitable and conversational way to promote the state's democratic governance.Chapter6discusses China's views on how to deal with the issues of state's democratic governance. China don't agree to incorporate the concept of "democratic rights" into international law, but China identity to the viewpoint that promoting state's democratic governance is a new value orientation of international law. China's attitude to the issues of state's democratic governance is based on respecting for state sovereignty and complying with the principle of non-interference in the internal affairs. China's disapproval also shows that "democratic rights" is not a customary rules of international law, but China's recognition to "democratic value orientation of international law" makes it becoming a truly universal value. China can promote democratic value of international law in the following ways:promotes actively the early ratification of "International Convention on Civil and Political Rights", adjusts properly the guiding principle of foreign aid, and renovates the Five Principles of Peaceful Coexistence.The conclusion part is about using pluralistic democracy, endogenous democracy as guiding principles to promote the democratic values of international law. Democracy has many different forms, and democracy is mainly endogenous. The international community should apply the idea of pluralistic democracy and endogenous democracy to promote democracy values of international law.