As Cassel points out, “In order to create a collective regional safeguard for democracy in each country, [the Inter-American Democratic Charter] sets international standards which demand (among other things) that each nation comply with its own constitution.” This much is establish!: a state’s compliance with the IADC, and thus, at minimum, with OAS terms for participation, turns on a determination about compliance with domestic law. Compliance with the IADC and domestic law may also bear on the state’s fulfillment of the requirements of the right to political participation under Articlee.
But default in these respects
without more, would not have the legal consequence of making Honduras susceptible to coercive measures that would otherwise constitute unlawful intervention (putting aside, for the moment, the question of what might count as a legally appropriate countermeasure). The crucial question is china phone number library whether a de jure government could “consent” on the state’s behalf to such coercive measures direct! against the de facto government. This would be the upshot of a finding, not only that the constitution has been breach!, but that the breaching act is consequently null and void, and that the displac! government remains the state’s agent for purposes of international law. When states proclaim that they continue to “recognize” the Zelaya government, is this what they are saying?
Here, I contend, the case has not been well made
as a matter of either lex lata or lex ferenda. Apart from the lack of a adb directory clear basis for this outcome in the IADC and the OAS Charter, Articles 2(1), 2(4), and 2(7) of the UN Charter, in conjunction with Article 103, may constrain an existing government’s capacity to render advance consent to otherwise-unlawful foreign interference in internal affairs, at the expense even of a future government that breaches the state’s international legal obligations. The one well-discuss! example of such an the election seen from france agreement, the Treaty of Guarantee that attend!
