How the Multi-Level Democratisation of International Law-Making Can Effect Popular Aspirations Towards Self-Determination

Abstract

In the face of a globalised economy and an ascendant transnational legal apparatus, states find themselves surrendering responsibilities that were once within the exclusive purview of national governments, to transnational regulatory regimes. As these regimes expand in importance and jurisdiction, questions arise as to the democratic implications of this reconfiguration. In this article, we consider whether there is space for the direct participation of citizens in international law-making. We argue that, when seen through a TWAILian lens, mainstream legal constructs can be used to increase both Third World and popular representation in the international legal regime. The rule of law provides the ideological basis for mass decision-making in international law while the principle of equality opens the door to universal participation in the formulation of laws: no globalisation without representation. The urgency of a democratic international legal regime has been made palpable by soaring global inequality. As we demonstrate, a multi-level global governance structure – a continuum of political engagement from the local to the global – can expand participation beyond the nation-state and improve the likelihood of a more equitable world.