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faculty: "FdR" and publication year: "2009"
| Author||J. d' Aspremont|
|Title||L'état non démocratique en droit international: étude critique du droit international positif et de la pratique contemporaine|
|Title series||Publications de la Revue générale de droit international public|
|Series number||NS, 57|
|Faculty||Faculty of Law|
|Institute/dept.||FdR: Amsterdam Center for International Law (ACIL)|
|Abstract||This book zeroes in on the non-democratic States. This means that it examines the international legal status of the States that are deemed non-democratic in contemporary international law. It does not purport to lay down any definition of democracy but rather to shed some light on the practice pertaining to the qualification of States as non-democratic. This book argues that it can be inferred from the practice that States where the effective holder of the power is not chosen through free and fair elections and where basic civil and political rights are seriously and blatantly infringed are usually considered non-democratic in contemporary practice. The thesis is divided in two main chapters which reflect the classical dichotomy between the law of coexistence and the law of cooperation. This approach has been preferred because the legal problems stirred by the coexistence with non-democratic States are not handled in the same way as the legal issues caused by the cooperation with non-democratic States. Indeed, States cannot completely ignore the existence of non-democratic States while they can refrain from cooperating with them. Other classification would have also been suitable to provide the reader with a far-reaching understanding of the practice pertaining to the non-democratic States. However, the classification once devised by Friedman has been judged the one offering the most clarity and critical hindsight to the reader. The book accordingly rests on two main chapters, the first one dealing with the coexistence with non-democratic States and the second with the relations with non-democratic States.|
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