Le droit international et la pratique de l'ingérence armée démocratique depuis 1945

Abstract : Does the international law authorize the recourse to the force with a democratic aim? Does the practice of the States and the international organizations since 1945 have to make emerge a rule sanctioning a right of armed intervention democratic? The problems of the democratic armed interference associate in the international relations right - power - ideology. If the States, in spite of the prohibition of the recourse to the force posed by the Charter of the United Nations, very often showed a certain reserve to be subjected to the international law, it should be recognized that the practice of those, very incoherent, selective and arbitrary, with regard to the armed democratic interference, mainly was apart from the legal provision. As well during the bipolar period as post bipolar, the particular interpretation of the legal provision international translates only the expression of the aforesaid instrumentalisation regulates with the profit of the ideology and the power. Even the practices of the United Nations and other international organizations cannot make it possible to establish a report of the existence of a legal provision international favorable to the military inversion of a non democratic regime, or favorable for the use of the force to promote, found, maintain, and restore a democratic regime. The practice in this matter is only circumstantial, extremely rare, inconstant and incoherent. The international law since 1945 does not recognize a right of interference armed democratic in spite of emergence more and more pregnant with a principle with international democratic legitimacy. This current trend, dictating a kind of democratic imperialism, made only support the appearance, in practice international law, attempts at new approaches of legality, which express a phenomenon of deconstruction whose interest, from the point of view of an epistemological criticism of the current rules, is not to neglect.
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Sale Tiereaud. Le droit international et la pratique de l'ingérence armée démocratique depuis 1945. Droit. Université Nancy 2, 2009. Français. ⟨NNT : 2009NAN20002⟩. ⟨tel-01752697⟩

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