The Relationship of Participatory Democracy to Participatory Law Formation

While the traditional doctrinal formulation of customary international law (CIL) has focused exclusively on state practice and opinio juris, in the modern age, it is undeniable that individuals and non-state collectives of individuals are increasingly becoming relevant to this process. It is thus useful to analyze individual participation based on the model of participatory democracy, and also in contrast to representative democracy. By doing so, the nuanced relationship between participatory law formation and democratic participation in lawmaking is brought into relief.I n light of larger modern trends within international law, the participation of individuals in law formation requires further examination and theorization to harness and maximize its democratic promise and minimize its potential tendencies toward elitism and secrecy. Democracy and the Transnational Private Sector, Symposium.

Indiana University School of Law – Bloomington, April 12-13, 2007.