An Inquiry into the Compatibility of the Demo-Conditionality with State Sovereignty in International law : With Special Focus on The European Union and the African, the Caribbean and the Pacific Countries Relations

• Main Author: Juma Nyabinda, Richard
• Format: Doctoral Thesis
• Language: English
• Published: Uppsala universitet, Juridiska institutionen 2010
• Subjects: International law; State Sovereignty; Donors and Recipients; Development assistance; Human Rights; Free and Fair Elections; Democracy-conditionality; and the European-the African; the Caribbean and the Pacific countries.; Folkrätt
• Online Access: http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-136109; http://nbn-resolving.de/urn:isbn:978-91-506-2170-9

This study examines the issue of compatibility of demo-conditionality with state sovereignty in international law.  From a practical perspective, it examines the state of the science with respect to the enforcement of demo-conditionality, in the context of the unique relationship between the European Union and the African,  Caribbean and Pacific countries. The practicality of any argument declaring certain norms to be compatible with state sovereignty rests on an assumption that it is possible to distinguish which norms are compatible from those which are not. The validity of such an assumption depends on whether a universal workable test with which to draw this distinction, and its accompanying requirements, has been or can be developed. Therefore, the starting point of this study is to investigate whether such a universal test exists, and if so, what its requirements are. The author reaches a legally appropriate conclusion as to which norms are compatible with the principle of state sovereignty and which not in the international legal system. Thereafter, an investigation is undertaken with regard to the legal premises invoked to justify the compatibility of the demo-conditionality with state sovereignty. To this end, two levels of analysis (also referred to here as two paths) are followed. The first level of investigation concerns the proposition for demo-conditionality’s being premised upon adherence to new treaty obligations governing the parties’ observance of democratic norms. In this context, the examination focuses on Article 25 of the International Covenant on Civil and Political Rights, 1966 as the relevant provision. Other single-issue human rights instruments are also examined to establish whether they compliment Article 25. The second level of investigation explores the possibility for demo-conditionality's compatibility being premised upon obligations of State parties, which arise from the various development co-operation instruments adopted over the years. Here, emphasis is placed upon the question of whether or not these instruments advocate the inclusion of demo-conditionality in development co-operation between donors and recipients of aid. This study ultimately reaches a legally appropriate conclusion, at both levels of analysis, concerning demo-conditionality's compatibility with the principle of state sovereignty. At this juncture, a recommendation is made as to which of the two paths is the legally safer one for the pursuit of the demo-conditionality in development co-operation. On the question of what constitutes a more successful international approach to the establishment of democratic governments in the South, this study has undertaken a comparative analysis, making suggestions with respect to two models: the "Enforcement Model", based upon coercive enforcement measures, and the "Managerial Model", based upon an approach of co-operative dialogue. Finally, the study examines the state of the science with respect to enforcement of demo-conditionality, with a focus on the special relationships between the European Union and the African, Caribbean and Pacific countries. This is designed to provide a degree of insight into the practical aspects associated with the enforcement of demo-conditionality.