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DEMoc rAcy Naturally, in many cases this cooperation is fragmentary and those in power in<br />

these organisations greatly influence the politics of the organisations. But the<br />

fact that it has, for example, finally proved possible to put the issue of a (further<br />

developed) of Financial Transaction Tax (FTT) on the agenda of the IMF – a<br />

great success for the emancipatory forces in civil societies that have been pursuing<br />

this and spreading information about it for years. 16<br />

Sometimes, experience teaches, international organisations do move after all!<br />

For, the more international organisations impinge on the freedoms of individuals,<br />

the sooner questions on their legitimacy arises. International organisations<br />

may, for example, see themselves as the champions of peace, freedom and welfare.<br />

With an high intention for good governance but in the absence of democratic<br />

procedures like those in the traditional nation state they are worse controlled<br />

when they exercise power than democratic states under the rule of law.<br />

The UN Security Council published a list of suspected terrorists who are prohibited<br />

from using any of their assets. However he UN does not provide any control<br />

through courts.<br />

The constitutionalisation of the Law of Nations is most certainly the goal to<br />

strive for and it is absolutely necessary. The individual should be defined as being<br />

the subject of the Law of Nations, structures of legitimation should be created –<br />

for example, at the level of the UN – and the development of a common concept<br />

of public welfare is absolutely necessary. These latter three are the basic preconditions<br />

if we are to give a “constitutional character” 17 to the Law of Nations.<br />

However, constitutionalisation is not yet democratization. When individual personal<br />

rights are codified under the Law of Nations, and the actions of governments<br />

are increasingly bound to rules which hold good even when it goes against<br />

the will of a government, � �this means � that democratic � �politics<br />

will be made possible<br />

for the first time.<br />

Hence, we are not standing here at the beginning; strictly speaking we are a step<br />

ahead of it.<br />

16 According to IMF director Dominique Strauss-Kahn, the IMF will look into the issue<br />

of a Financial Transaction Tax (FTT). In a speech in London on 23 November 2009<br />

he said:<br />

16 "... we have been asked by the G-20 to look into financial sector taxes. This is an interes ting<br />

issue. Can the tax system help reduce excessive risk-taking in the financial sector? Can it be<br />

used to further the legitimate goals of fairness and equity in this area? There are a number of<br />

ways to think about this, and we will look at it from various angles and consider all propo -<br />

sals. Let me say that the financial sector should contribute to the cost of the rescue and to<br />

limi ting recourse to public financing in the event of a future crisis. I suggest this for practical<br />

reasons because, in my view, there would not be political support in parliaments for a rescue<br />

on the scale we have seen during this crisis." (Online: http://www.imf.org/external/<br />

np/speeches/2009/112309.htm. Accessed on Sept. 2009.)<br />

17 Christoph Möller, Der vermisste Leviathan, Frankfurt, Suhrkamp, 2008, p. 109.<br />

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48<br />

– DEMOCRACY – A MATTER <strong>OF</strong> CHOICE!? –

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