USQ Law Society Law Review Winter Edition 2021

Page 36

DEMOCRATIC PEACE THEORY

DEMOCRATIC PEACE THEORY CHELSEA KEIRSNOWSKI The democratic peace theory stems from basic principles devised by philosopher Immanuel Kant in 1795 that were later researched substantially in the 1960s.1 The theory proposes that democracies, especially those older than 3 years, are unlikely to be involved in wars against each other.2 It has been recognised that longevity of governance from a political party within a state’s regime further decreases the likelihood of interstate conflict.3 This essay will analyse the democratic peace theory and examine how a current sway toward authoritarianism in world politics is likely to bring increased global conflict. The heightened risk of war is linked to the erosion of stabilising democratic frameworks which inhibit belligerence and the disruption caused by changes in regimes and policy. This is intensified by instability caused by COVID19 and the rejection of mainstream politics and interstate agreements that previously ensured peace through interdependence. A failure to ensure legitimacy and support through sufficient performance in authoritarian states, led to approximately 30 countries transitioning to democracy between 1974 and 1990, including the collapse of the Soviet Union and its occupied territories.4 Political scientist, Samuel P. Huntington, predicted this proliferation of democracy would not lead to world peace as each civilisation has their own culture that the population will choose to hold on to, rather than abandon for a different culture, such as by adopting a new way of living by becoming a democracy.5 He predicted these differences, such as the pressure initiated by the West on democratisation, and the retention by other civilisations of their culture, systems of rule and religion, will lead to conflict. Following Huntington’s hypothesis, circa 2007 began the rise of authoritarianism in South America and Africa, and growing support for populism in Eastern Europe. Reasons for this vary for each country but include a lack of repercussion without global governance, isolationism, and political and social instability.6 Recently, COVID-19 has accelerated the rise of authoritarianism. In some instances, there has been a genuine attempt to protect public health through decisive action and heightened regulations, however, some governments have profited from an opportunistic acquisition of power while global attention was preoccupied. The Democracy Index for 2020 showed democracy was in its worst state since the Index was developed by The Economist Intelligence Unit in 2006.7 A developing 1

Immanuel Kant, Perpetual Peace: A Philosophical Sketch (S. Sonnenschein, 1795); Dean Babst, ‘Elective Governments—A Force For Peace’ (1964) 3(1) The Wisconsin Sociologist 9, 9. 2 Spencer Weart, Never at War (Yale University Press, 1998). 3 Anais Marin, ‘Dictatorial peace? Comparing the conflict-proneness of authoritarian regimes in post-Soviet Eurasia: a research agenda’ (2015) 59 Research Gate 1, 18; Edward Mansfield and Jack Snyder, ‘Democratic Transitions, Institutional Strength, and War’ (2002) 56(2) International Organization 297. 4 Samuel Huntington, ‘Democracy’s Third Wave’ (1991) 2(2) Journal of Democracy 12, 12. 5 Samuel Huntington, ‘The Clash of Civilizations?’ (1993) 72(3) Foreign Affairs 22, 40-1. 6 Ivan Krastev, ‘Eastern Europe’s Illiberal Revolution’, Foreign Affairs (Article, May/June 2018) <https://www.foreignaffairs.com/articles/hungary/2018-04-16/eastern-europes-illiberal-revolution>. 7 The Economist Intelligence Unit, ‘Global democracy has another bad year’, The Economist (Web Page, 22 January 2020) <https://www.economist.com/graphic-detail/2020/01/22/global-democracy-has-another-badyear>.

31


Articles inside

USQ LAW SOCIETY LAW REVIEW

2min
pages 1-3

INDIGENOUS SENTENCING COURTS IN AUSTRALIA: A THERAPEUTIC JURISPRUDENTIAL MODEL OR A CATEGORY OF THEIR OWN?

13min
pages 123-129

THERAPEUTIC JURISPRUDENCE SEEKS TO ACHIEVE A CULTURAL AND POLITICAL TRANSFORMATION OF THE LAW. HOW DO THE INDIGENOUS SENTENCING COURTS IN AUSTRALIA CONTRIBUTE TO THAT AIM?

15min
pages 115-121

INDIGENOUS SENTENCING COURTS: ‘WHO WILL I BELONG TO NEXT, WHAT LAWS WILL THEY MAKE FOR ME NOW?’

16min
pages 107-113

INDIGENOUS SENTENCING COURTS ENLARGE THE DISCRETION OF JUDGES, LAWYERS AND THERAPISTS. WHY (OR WHY NOT) IS SUCH A DISCRETION BENEFICIAL TO AUSTRALIAN SOCIETY?

17min
pages 99-106

THE IMPACT OF SETTLER SOVEREIGNTY ON INDIGENOUS CUSTOMARY LAW AND ITS CONTRIBUTION TO THE DISPOSSESSION OF INDIGENOUS AUSTRALIANS

14min
pages 91-97

STUCK BETWEEN A ROCK AND A HARD PLACE: RECOGNIZING INDIGENOUS LAND CLAIMS IN A WESTERN LEGAL SYSTEM.

15min
pages 83-89

YOUTH BOOT CAMPS A COMPARATIVE EVALUATION: A PUNITIVE MEASURE OF AN OPPORTUNITY TO AVOID JUVENILE CRIMINAL RECORDS?

53min
pages 59-82

LEGAL REALISM’S ANALYSIS OF JUDICIAL BEHAVIOUR AND ITS CONTRIBUTION TO JURISPRUDENCE

13min
pages 51-57

INDIVIDUALS HAVE CONSTITUTIONAL RIGHTS BUT CAN JUDGES ALSO CONSIDER NATURAL RIGHTS?

14min
pages 45-50

DEMOCRATIC PEACE THEORY

17min
pages 37-43

THE CARRY OVER EFFECT OF BRENTON TARRANT ON AUSTRALIAN ANTITERRORISM LEGISLATION.

11min
pages 31-36

SHOULD AUSTRALIA FOLLOW THE BRITISH MODEL AND ADMIT BAD CHARACTER EVIDENCE AS SET OUT IN SECTIONS 98-113 OF THE CRIMINAL JUSTICE ACT 2003 (UK)?*

20min
pages 21-29

NATIONHOOD POWER & INTERGOVERNMENTAL IMMUNITIES: WHERE DOES THE POWER VEST*

24min
pages 9-20

EDITOR-IN-CHIEF’S ADDRESS

1min
page 8

LAW REVIEW VICE PRESIDENT’S ADDRESS

1min
page 7

FEMINIST APPROACHES TO SUBSTANTIVE EQUALITY

17min
pages 161-168

CONSTRUCTION DELAYS, EOT’S, TIME BARS, LIQUIDATED DAMAGES AND THE SUPERINTENDENT’S OBLIGATIONS – UNDERSTANDING THE IMPLICATIONS OF DELAYS CAUSED BY THE PRINCIPAL AND THE OPERATION OF THE ‘PREVENTION PRINCIPLE’

19min
pages 183-195

IS FEMINIST LEGAL THEORY ENACTING CHANGE OR IS IT SIMPLY AN EXPLANATION OF THE ROLE THAT LAW HAS PLAYED IN THE SUBORDINATION OF WOMEN?

20min
pages 153-160

BUKTON V TOUNESENDE: HOW MODERN CONTRACT LAW BEGAN ON THE HUMBER

6min
pages 169-172

SMART CONTRACTS – THE FUTURE OF CONSTRUCTION CONTRACTS, OR MERE HYPE?

18min
pages 173-182

INDIGENOUS SENTENCING COURTS: HOW ENLARGED DISCRETION BY JUDGES, LAWYERS AND THERAPISTS CAN BENEFIT AUSTRALIAN SOCIETY

15min
pages 131-138

BARRIERS TO WOMEN IN LAW

12min
pages 145-152

HOW DID THE MARRIED STATE LEAVE A WOMAN VULNERABLE UNDER ENGLISH LAW?

10min
pages 139-144
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.