Steven Wheatley
Biographic Data
| ID | 4091656 |
|---|---|
| NAME | Steven Wheatley |
| GIVEN NAMES | Steven |
| FAMILY NAME | Wheatley |
| SIGNATURE | WHEATLEY S |
| AFFILIATIONS | University of Leeds |
| ORCID | 0000-0001-8149-9381 |
| VERIFIED | Yes |
| TOTAL WORKS | 12 |
| TOTAL CITATIONS | 25 |
| AUTHOR COUNT | 12 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2002 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 2 |
Interpreting the ECHR in Light of the Increasingly High Standards Being Required by Human Rights: Insights from Social Ontology
This article looks to make sense of those cases where the European Court of Human Rights (ECtHR) changes its position on interpretation in light of the increasingly high standards being required by human rights, when the Court applies the doctrine of evolutive interpretation to the ECHR’s object and purpose, as a Convention for the protection of ‘human rights’ (e.g. Selmouni v France). This raises two questions: What do we mean when we speak abou…
Election hacking, the rule of sovereignty, and deductive reasoning in customary international law
This article considers the international laws applicable to irresponsible state behaviour in cyberspace through the lens of the problem of election hacking. The rule of sovereignty has taken centre stage in these discussions and is said to be preferred to the non-intervention rule because it evades the problem of coercion. Proponents of the cyber rule of sovereignty contend that there is such a rule; opponents reject the existence of the rule as …
The Emergence of New States in International Law: The Insights from Complexity Theory
Doctrinal controversies and the disputed international status of Kosovo and Palestine suggest that it is difficult for us international lawyers to know with any certainty when a new State has emerged in the international community. The contention here is that we should look to systems theory thinking-specifically complexity theory-to make sense of the law on statehood. Systems theory directs us to conceptualize the State in terms of patterns of c…
Sayyid Qutb: The Life and Legacy of a Radical Islamic Intellectual
Few Islamist authors have received as much attention in recent years as Sayyid Qutb. Popular portrayals of Qutb paint him as a paranoid, backwards, misogynistic radical. Scholars are more circumspect, and indeed there have been a number of excellent biographies published over the past several years about Qutb. Sadly, the saturated market of Qutb books is perhaps the biggest downfall of James Toth's contribution to the field, Sayyid Qutb: The Life…
The Human Rights of Individuals in De Facto Regimes under the European Convention on Human Rights
The objective of this article is to evaluate the extent to which we can regard individuals in the territories of de facto regimes in the Council of Europe region (Abkhazia, South Ossetia, Nagorno-Karabakh, Transdniestria and Turkish Republic of Northern Cyprus) as enjoying the protection of the European Convention on Human Rights. The work considers the utility of recognising ‘de facto regimes’ as subjects of international law, before examining t…
Conceptualizing the Authority of the Sovereign State over Indigenous Peoples
The objective of this article is to evaluate whether the distinctive nature of the international law on indigenous peoples reflected in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) can be explained by reference to the service conception of authority developed by Joseph Raz. The article rejects arguments that the distinctive character of UNDRIP can be justified by ideas of ‘Indigenous Sovereignty’, not least because ‘sovereignty…
A Democratic Account of the Right to Rule in Global Governance
The objective of this article is to examine the extent to which a democratic conception of legitimate political authority can be applied to global regulatory regimes. The analysis is both a response to the concerns around the putative ‘democratic deficit’ at the domestic level that results from the globalization of governance functions and the need for global regulators to demonstrate a ‘right to rule’ in conditions in which it is no longer meani…
The role of the special rapporteurs of the United Nations Human Rights Council in the development and promotion of international human rights norms
It has been acknowledged that the institution of UN special rapporteurs for human rights known as the special procedures have played an important role over a long period of time in promoting and pr
A Democratic Rule of International Law
This article examines the way in which we should make sense of, and respond to, the democratic deficit that results from global governance through international law following the partial collapse of the Westphalian political settlement. The objective is to evaluate the possibilities of applying the idea of deliberative (‘democratic’) legitimacy to the various and diverse systems of law. The model developed at the level of the state is imperfectly…
The Security Council, Democratic Legitimacy and Regime Change in Iraq
This article examines the political transition in Iraq from the perspective of international law, which regards forcible democratic regime change as unlawful. The concern is to establish the extent to which the relevant Security Council Resolutions, 1483 (2003), 1511 (2003) and 1546 (2004), necessary to give legal effect to the fact of regime change, may be regarded as a legitimate exercise of the political authority provided to the Security Coun…
Deliberative Democracy and Minorities
This article examines the contribution that international law can make to the recognition of minority interests and preferences through a deliberative understanding of democracy. The deliberative model conceives of democracy as a free association of equal citizens who engage in a rational discussion on political issues, presenting options and seeking a consensus on what is to be done. The concern here is with how the deliberative model accommodat…
Democracy in International Law: A European Perspective
For lawyers in general, and international lawyers in particular, democracy is a neglected concept. Discourse is dominated by the ideas of human rights for individuals and minority or self-determination rights for groups. Those who seek greater protection for vulnerable members of a community argue for the recognition of new rights, or the more effective implementation of existing rights. They do not argue for more democracy. Indeed, given that cl…
Deliberative Democracy and Minorities
This article examines the contribution that international law can make to the recognition of minority interests and preferences through a deliberative understanding of democracy. The deliberative model conceives of democracy as a free association of equal citizens who engage in a rational discussion on political issues, presenting options and seeking a consensus on what is to be done. The concern here is with how the deliberative model accommodat…
Democracy in International Law: A European Perspective
For lawyers in general, and international lawyers in particular, democracy is a neglected concept. Discourse is dominated by the ideas of human rights for individuals and minority or self-determination rights for groups. Those who seek greater protection for vulnerable members of a community argue for the recognition of new rights, or the more effective implementation of existing rights. They do not argue for more democracy. Indeed, given that cl…
A Democratic Account of the Right to Rule in Global Governance
The objective of this article is to examine the extent to which a democratic conception of legitimate political authority can be applied to global regulatory regimes. The analysis is both a response to the concerns around the putative ‘democratic deficit’ at the domestic level that results from the globalization of governance functions and the need for global regulators to demonstrate a ‘right to rule’ in conditions in which it is no longer meani…
The role of the special rapporteurs of the United Nations Human Rights Council in the development and promotion of international human rights norms
It has been acknowledged that the institution of UN special rapporteurs for human rights known as the special procedures have played an important role over a long period of time in promoting and pr
The Security Council, Democratic Legitimacy and Regime Change in Iraq
This article examines the political transition in Iraq from the perspective of international law, which regards forcible democratic regime change as unlawful. The concern is to establish the extent to which the relevant Security Council Resolutions, 1483 (2003), 1511 (2003) and 1546 (2004), necessary to give legal effect to the fact of regime change, may be regarded as a legitimate exercise of the political authority provided to the Security Coun…
A Democratic Rule of International Law
This article examines the way in which we should make sense of, and respond to, the democratic deficit that results from global governance through international law following the partial collapse of the Westphalian political settlement. The objective is to evaluate the possibilities of applying the idea of deliberative (‘democratic’) legitimacy to the various and diverse systems of law. The model developed at the level of the state is imperfectly…
Democracy in International Law: A European Perspective
For lawyers in general, and international lawyers in particular, democracy is a neglected concept. Discourse is dominated by the ideas of human rights for individuals and minority or self-determination rights for groups. Those who seek greater protection for vulnerable members of a community argue for the recognition of new rights, or the more effective implementation of existing rights. They do not argue for more democracy. Indeed, given that cl…
Deliberative Democracy and Minorities
This article examines the contribution that international law can make to the recognition of minority interests and preferences through a deliberative understanding of democracy. The deliberative model conceives of democracy as a free association of equal citizens who engage in a rational discussion on political issues, presenting options and seeking a consensus on what is to be done. The concern here is with how the deliberative model accommodat…
The Security Council, Democratic Legitimacy and Regime Change in Iraq
This article examines the political transition in Iraq from the perspective of international law, which regards forcible democratic regime change as unlawful. The concern is to establish the extent to which the relevant Security Council Resolutions, 1483 (2003), 1511 (2003) and 1546 (2004), necessary to give legal effect to the fact of regime change, may be regarded as a legitimate exercise of the political authority provided to the Security Coun…
The role of the special rapporteurs of the United Nations Human Rights Council in the development and promotion of international human rights norms
It has been acknowledged that the institution of UN special rapporteurs for human rights known as the special procedures have played an important role over a long period of time in promoting and pr
A Democratic Rule of International Law
This article examines the way in which we should make sense of, and respond to, the democratic deficit that results from global governance through international law following the partial collapse of the Westphalian political settlement. The objective is to evaluate the possibilities of applying the idea of deliberative (‘democratic’) legitimacy to the various and diverse systems of law. The model developed at the level of the state is imperfectly…
A Democratic Account of the Right to Rule in Global Governance
The objective of this article is to examine the extent to which a democratic conception of legitimate political authority can be applied to global regulatory regimes. The analysis is both a response to the concerns around the putative ‘democratic deficit’ at the domestic level that results from the globalization of governance functions and the need for global regulators to demonstrate a ‘right to rule’ in conditions in which it is no longer meani…
The Human Rights of Individuals in De Facto Regimes under the European Convention on Human Rights
The objective of this article is to evaluate the extent to which we can regard individuals in the territories of de facto regimes in the Council of Europe region (Abkhazia, South Ossetia, Nagorno-Karabakh, Transdniestria and Turkish Republic of Northern Cyprus) as enjoying the protection of the European Convention on Human Rights. The work considers the utility of recognising ‘de facto regimes’ as subjects of international law, before examining t…
Conceptualizing the Authority of the Sovereign State over Indigenous Peoples
The objective of this article is to evaluate whether the distinctive nature of the international law on indigenous peoples reflected in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) can be explained by reference to the service conception of authority developed by Joseph Raz. The article rejects arguments that the distinctive character of UNDRIP can be justified by ideas of ‘Indigenous Sovereignty’, not least because ‘sovereignty…
Sayyid Qutb: The Life and Legacy of a Radical Islamic Intellectual
Few Islamist authors have received as much attention in recent years as Sayyid Qutb. Popular portrayals of Qutb paint him as a paranoid, backwards, misogynistic radical. Scholars are more circumspect, and indeed there have been a number of excellent biographies published over the past several years about Qutb. Sadly, the saturated market of Qutb books is perhaps the biggest downfall of James Toth's contribution to the field, Sayyid Qutb: The Life…
The Emergence of New States in International Law: The Insights from Complexity Theory
Doctrinal controversies and the disputed international status of Kosovo and Palestine suggest that it is difficult for us international lawyers to know with any certainty when a new State has emerged in the international community. The contention here is that we should look to systems theory thinking-specifically complexity theory-to make sense of the law on statehood. Systems theory directs us to conceptualize the State in terms of patterns of c…
Interpreting the ECHR in Light of the Increasingly High Standards Being Required by Human Rights: Insights from Social Ontology
This article looks to make sense of those cases where the European Court of Human Rights (ECtHR) changes its position on interpretation in light of the increasingly high standards being required by human rights, when the Court applies the doctrine of evolutive interpretation to the ECHR’s object and purpose, as a Convention for the protection of ‘human rights’ (e.g. Selmouni v France). This raises two questions: What do we mean when we speak abou…
Election hacking, the rule of sovereignty, and deductive reasoning in customary international law
This article considers the international laws applicable to irresponsible state behaviour in cyberspace through the lens of the problem of election hacking. The rule of sovereignty has taken centre stage in these discussions and is said to be preferred to the non-intervention rule because it evades the problem of coercion. Proponents of the cyber rule of sovereignty contend that there is such a rule; opponents reject the existence of the rule as …
Political science (12 works) · Politics (11 works) · Sociology (10 works) · Law (9 works) · Law (8 works) · Law and economics (7 works) · International Law and Human Rights (6 works) · Democracy (5 works) · Human rights (4 works) · International human rights law (4 works)