Year XXXVIII, Number 1, March 2025

Robert Simon
Member of the European Union of Federalists

Olivier de Frouville, Dominique Rousseau (dir.)
Démocratiser l'espace monde
ISJPS collection, ed. Mare & Martin, Pris, 2024, 269 p., ISSN 2494-2626,€  32.

A fascinating book for those interested in democracy and global governance. This book, edited by Olivier de Frouville and Dominique Rousseau, brings together 16 articles which examine the democratization of global governance from different angles.

Lucio Levi introduces the book by outlining the prerequisites for the right to participate in public affairs on an international level. For him, another world emerged when the nuclear bombs were dropped on Hiroshima and Nagasaki. As early as 1946, several intellectuals and scientists, including Einstein, published a book entitled “One World or None”. In it, they set out the principle of an evolution in state sovereignty. Peace”, says Lucio Levi, “is a priority objective, because the interests of humanity must be acknowledged as being superior to those of social classes and nations. Globalization raises “challenges beyond our control”. “Man has acquired the power to destroy the world, but not yet the power to govern it”. And he affirms his belief that: “Kant's project of Perpetual Peace, thanks to the World Federation...  becomes a concrete proposal which can offer an effective solution to the pressing problems afflicting mankind”.  As a defender of democracy, he notes that “democracy stops at the borders of the various States, beyond which the balance of power between them prevails”. “Expanding the dimensions of the state is politics' response to the need to control this process” of globalization. It is “a real process of civilization in the course of which human societies, through legislation and the state, eliminate violence from social relations and build ever larger political communities”. Lucio Levi suggests a gradual approach to establishing democracy in international relations, and quotes the European Parliament as an example. He recaps the history of the World Federalist Movement since 1947, which has two different approaches: 1) fast track the creation of a world federation, or 2) reforming the UN. Clark and Sohn's 1961 book proposed amendments to the UN Charter.

Monique Chemillier-Gendreau continues the analysis by demonstrating the weakening of the principle of sovereignty. For her, “sovereignty” is “the main, and major, obstacle to the development and efficacy of international law, and consequently to the pacification of international relations”. She quotes Jean Monnet, one of the founding fathers of the European Union which said: “there is no room for separate action by our old sovereign nations”. They “are no longer the framework within which the problems of the present can be solved. And the Community itself is only a step towards the forms of organization of tomorrow’s world. She concludes by noting that “it is this pledge of living together -which forms the basis of democracy- that can translate into systems of participation in public affairs”

Xavier Philippe shows that the call for the right to participate in public affairs on an international level is a historic turning point towards globalization. He analyses “the law of globalization” and “the globalization of law”, and the importance of the alter-globalization movement in challenging the methods of globalization. “The last decade has seen a growing awareness of global issues that depend neither on states nor on individuals. He shows how “the emergence of democracy on an international scale is running up against” the hostility of most states and economic actors.

Dominique Rousseau, in an article on the development of a comprehensive constitutional law, cites Article 16 of the 1789 Declaration of the Rights of Man and of the Citizen: “Any society in which no provision is made for guaranteeing rights or for the separation of powers, has no Constitution” This shows the bond which exists between the constitution and society, not between the constitution and the state. “States themselves acknowledge that their constitutional order cannot be the relevant decision-making framework for the major issues of the world of today: peace, the environment, migration, corruption...”. He also reminds us that according to Habermas, contrary to Dieter Grimm, it is “the European constitution that... would shape the people of Europe”. “It is the Declaration of 1789 which, in naming the French people, creates them”. “It is in the words of the global constitution, in the vision created by the world constitution, that the citizen of the world will exist”. Mr. Rousseau, quoting the Indian historian Sanjai Subrahmanyam, speaks of a connected constitution; he emphasizes the importance of international networks that promote “reciprocal knowledge, the circulation of practices and political and legal acculturation; in these networks peripheral and marginalized groups should be the main focus of research. Dominique Rousseau proposes that “different skills, traditions and cultures should contribute on an equal footing to the understanding of global human society”.

Olivier de Frouville takes this idea one step further by calling for a reappraisal of the concept of constitution. “The globalization of the economy, world conflicts and planetary risks have made it necessary, and indeed vital, to develop policies and laws on a global scale. “Human rights, including the right to participate in public affairs, have been proclaimed internationally since 1945, but we continue to find it normal that citizens have no say in international law and policy... Decisions are taken (on behalf of citizens) without those citizens even being consulted or informed of them. This emancipation of the people has become an illusion, since the structural, decisive, issues on which the fundamental trends of the economy, politics and ecology depend are debated and decided in international forums that “sovereign states” want to monopolize.

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“Held back in this state of political minority, national citizens are unable to think of themselves as citizens of the world”. The United Nations Human Rights Council has recognized that this right to participate in public affairs must also be implemented internationally (Guidelines for States on the Effective Implementation of the Right to Participate in Public Affairs. 2018). “ Before embarking on participation and democracy on a global scale it is necessary to create a model for an international constitution. In 1795 Kant, in his Perpetual Peace Project, had already expressed the need to move in this direction. Olivier de Frouville explains what cosmopolitical constitutional law is. He concludes by asserting that “an indispensable condition lies... in maintaining and strengthening a sufficiently strong supranational network of citizens who consider themselves to be citizens of the world”.

Claire Callejon explains how all UN reports acknowledge that the contribution of civil society on an international level is essential and that it is a right. She notes that the NGO committee at ECOSOC is not working, but that various international organizations make room for NGOs, as for example do UNAIDS, UNFPA, UN-Habitat. She acknowledges that citizens encounter many obstacles when they want to work with international agencies, but several organizations have adopted texts to combat intimidation and reprisals, or have mechanisms to offer support to those who defend human rights (Council of Europe, OSCE, ACHPR). She notes, however, that there is “a discrepancy between positive developments in legislation and practice”.

Frédéric Mégret wonders whether global governance can be democratic. Some think that international organizations will be democratic when every state has one vote each and decisions are taken by consensus. But this is a “democracy which paralyses”. The democratization of the world could come about if there were more democracy among nations and especially with greater control over foreign policy. Advocates of a “cosmopolitan democracy” call for the creation of a Parliamentary Assembly within the UN. Others support the idea that world-wide democracy to be achieved one step at a time. “NGOs are an approximation of participation by the people”, but they are changing the nature of global governance. “ Civil society, engaged in the drafting of rules, is also increasingly involved in their implementation, and in checking the accountability of both States and international organizations. NGIs and civil society could promote the introduction of “global administrative legislation” to make international actors accountable for their actions. Mr. Mégret draws attention to the risks posed to global democracy by large multinationals. He concludes by stressing that “a constitutional process is inherent in the organization of any democracy”, and that democratization must not be achieved at the expense of minorities.

Claire La Hovary of the International Labor Organization shows how the ILO was the first international organization to integrate civil society into its decision-making process. Established by the Treaty of Versailles in 1919, the ILO is a tripartite organization, with a Governing Body made up of the following members

28 government delegates, 14 workers’ delegates and 14 employer delegates. The latter two groups have always opposed being more open towards civil society. Employers are hostile to the right to strike, and even to the principle of international labor legislation. Nevertheless, the ILO draws up “International Labor Standards”.

Nicole Maggi-Germain explains how the ILO contributes to the creation of a world order for labor, with the aim of helping peacemaking. But the quest for consensus, the option States have of not applying certain standards and the lack of international labor jurisdiction limit the scope of the ILO's action. Ms. Naggi-Germain raises the question of universality, or the Western illusion of cloning concepts. She believes that the challenge of “globalism” lies in combining universality with the diversity of local cultures and situations.

Marta Torre-Schaub examines how the fight against climate change can strengthen democratic instruments. She shows how climate change is both a challenge and an opportunity for democracy.

Sophie Albert analyses the participation of non-state actors in the governance of global health, both within the WHO and in the work of the G7 and G20.

Samantha Besson explores the issue of multiple democratic representation within the WHO. The World Health Assembly (WHA) has legislative power; its decision-making is not hampered by the requirement for consensus. It adopted the “Framework of engagement with Non-State Actors” in 2016. The author recalls that democratic legitimacy rests on 4 policies: the policy of scrutiny by the people, the policy of equality, the policy of deliberative dissent and the policy of the defense of human rights. She analyses the many causes of shortcomings in democracy in the various forms of representation and discusses the possibility of local authorities becoming “associate members” of the WHA. Cities can be associated through the WHO Healthy Cities Network and the proposed association of the World Parliament of Mayors with the WHA. She advocates a “system of multiple international representation”, and suggests three areas for reform.

Chloé Geynet-Dussauze examines the proposal for a Global Citizens' Initiative, supported by 120 parliamentarians from 40 countries, drafted along the lines of the European Citizens' Initiative introduced by the Lisbon Treaty and implemented in 2011. Noting how difficult it is to acknowledge a “global citizen”, she shows the procedural difficulties inherent in this proposal.

Valéry Pratt draws on Habermas to show why the right to participate in public affairs on a global level is essential. Showing the limitations of international dialogue conducted by diplomats, he makes the case for using a variety of actors. Habermas puts forward proposals “so that the voices of the world's citizens can carry weight”.

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Asma Ghachem points out that “the concept of democracy refers both to a mode of government and to a certain idea of ethics”. She illustrates the link between the notions of the rule of law and democracy, and how constitutional law has become internationalized, based on two characteristics: flexibility and the pre-eminence of international constitutional law over domestic constitutional law. For the African Court on Human and Peoples' Rights, “a State cannot claim to place its constitution above its international obligations”. The author expands on the idea proposed by Moncef Marzouki, opponent of the Ben Ali dictatorship in Tunisia, of creating an international constitutional court.

Bertrand Badie concludes the book by describing the evolution of international relations. To overcome feudal and imperial turmoil, Europe defined an international system based essentially on power and the principle of sovereignty. “Only force and cunning can resolve disputes... The international scene is traditionally “a-democratic”, and only a balance of power gives it stability”. The idea of national interest “ allows us to depart from democratic principles, when necessary to support “dictatorships” that may be “useful”. The victory of 1945 “consecrated power as an eminently virtuous principle, since it had rid the world of the Nazi monstrosity and was preparing to protect it from Stalinist totalitarianism”. “Neither the League of Nations nor the United Nations abolished- or even seriously reformed- the rule of power to make way for the idea of democracy. The Security Council, via the right of veto granted to the five permanent members, constitutes an unprecedented legalization of power, in practice exempting those who hold it from complying with the rulings of the majority”. To cope with the arrival of new states at the UN, “with the creation of the G7 in 1975, the major powers reinstated an oligarchy that is reorganizing itself with the invention of 'minilateralism'. But NGOs are also creating innovative social dynamics, the initial steps towards democratization. “They participate actively in the international arena by circulating information, making demands and acting as advocacy groups, besides as being involved in decision-making. The growing involvement of regional and local players in international life, which some call “glocalization”, is “another potential avenue for democratization of the world”. “ Nothing seems to be able to stop this pressure that social issues are exerting on the international scene and which could look like real harbinger of democracy surpassing the power game.”

Conclusion

This book is a mine of inspiration and information for all those who dream of more effective and democratic global governance. I regret that the title of the book was not “Democratizing the UN” or “Democratizing global governance”, as the concept of world space does not appeal to many people. When it is updated, we should add a few chapters analyzing the attempt by the UN General Assembly and Antonio Guterrez, its Secretary General, to reform the UN on the occasion of the Summit of the Future (September 2024). The global Civil Society Conference which the UN held in Nairobi in May 2024 proved that the UN wants to democratize debates on UN reform.

The worldwide federalist movement needs to make this very important work its own, in order to promote political debates in all countries. And to that end, it deserves to be translated into many languages.