School of Law

Books

• Wheatley S (2010) The Democratic Legitimacy of International Law Hart Pub

  This is the democratic legitimacy deficit in international law.

Chapters

• Wheatley SM (2011) Constructing the Global Constitutional Community In: Klabbers J; Peters A; Ulfstein G (eds.) The Constitutionalization of International Law pp. 376 - 378 Oxford Univ Pr

• Wheatley SM (2011) Democracy beyond the state and the problem of too much democracy In: Klabbers J; Peters A; Ulfstein G (eds.) The Constitutionalization of International Law pp. 381 - 385 Oxford Univ Pr

• Wheatley SM (2010) ‘Minorities, political participation and democratic governance under the European Convention on Human Rights’ In: Weller M; Nobbs K (eds.) Political Participation of Minorities pp. 175 - 221 Oxford Univ Pr

  This Commentary provides the reader with a review of international standards andpractice relating to the political participation of minorities.

• Wheatley SM (2009) ‘Democratic governance beyond the state: the legitimacy of non-state actors as standard setters’ In: Peters A; Koechlin L; Förster T (eds.) Non-State Actors as Standard Setters pp. 215 - 240 Cambridge Univ Pr

  This book explores how non-state actors, such as NGOs and companies, shape rules on an international or local level.

• Wheatley SM (2009) ‘Indigenous peoples and the right of political autonomy in an age of global legal pluralism’ In: Freeman M; Napier AD (eds.) Law and anthropology pp. 351 - 384 Oxford Univ Pr

  Law and Anthropology, the latest volume in the Current Legal Issues series, offers aninsight into the state of law and anthropology scholarship today.

Journal Articles

• Wheatley SM (2011) A democratic rule of International Law In: European Journal of International Law 22 (2) pp. 525 - 548 OUP

  This article examines the way in which we should make sense of, and respond to, the democratic deficit that results from global governance through international law following the collapse of the Westphalian political settlement. The objective is to evaluate the possibilities of applying the idea of deliberative (‘democratic’) legitimacy to the various and diverse systems of law. The model developed at the level of the state is imperfectly applied to the inter-state system and the legislative activities of non-state actors. Further, the idea of regulation through international law implies the exercise of legitimate authority, which depends on the introduction of democratic procedures to determine the right reasons that apply to subjects of authority regimes. In the absence of legitimate authority, an institution does not possess the ability to legislate international law norms. The work concludes with some observations on the problems for the practice of democracy in the counterfactual ideal circumstances in which a plurality of legal systems legislate conflicting democratic law norms and the implications of the analysis for the regulation of world society.

• Wheatley SM; Subedi S; Mukherjee A The role of the special rapporteurs of the United Nations Human Rights Council in the development and promotion of international human rights norms In: International Journal of Human Rights 15 (2) pp. 155 - 161