By Rüdiger Wolfrum (auth.), Rüdiger Wolfrum, Volker Röben (eds.)
In fresh years the query of the legitimacy of overseas legislation has been mentioned rather intensively. Such questions are, for instance, even if foreign legislation lacks legitimacy usually; no matter if foreign legislations or part of it has yielded to the evidence of energy; no matter if adherence to foreign felony commitments could be subordinated to self-defined nationwide pursuits; no matter if foreign legislation or specific ideas of it – reminiscent of the prohibition of using armed strength – have misplaced their skill to urge compliance (compliance pull); and what's the relevance of non-enforcement or failure to obey for the legitimacy of that individual foreign norm?
This publication includes clean views on those questions, provided at a global and interdisciplinary convention hosted through the Max Planck Institute for Comparative legislation and overseas Law.
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The problem is that for a modern state to function, much of what state agents do will not be subject to democratic decisions and saying that the public has consented in some highly general way to whatever it is that state agents do is clearly inadequate. The difficulty is not in identifying chains of delegation stretching from the individual citizen to state agents; instead, the problem is that at some point the impact of the popular will on how political power is used becomes so attenuated as to be merely nominal.
To attain the valuable benefits of institutions, therefore, we need a standard of legitimacy that is both accessible from a diversity of normative standpoints and less demanding than justice. The needed evaluative perspective must appeal to various actors’ capacities to be moved by normative reasons, but without presupposing more normative agreement than exists. Legitimacy and Self-Interest It is one thing to say that an institution promotes one’s interests and another to say that it is legitimate.
Claude, “Collective legitimation as a political function of the United Nations,” International Organization 20:3 (1966), pp. 367-79. The English School of international relations theory, led by Martin Wight and Hedley Bull, constitutes another exception. For a contemporary English School analysis of legitimacy, see Ian Clark, Legitimacy in International Society (Oxford: Oxford University Press, 2005). 3 See the special issue of the Review of International Studies, volume 31, (December 2005), edited by David Armstrong and Theo Farrell, “Force and legitimacy in world politics,” the discussion in Independent International Commission on Kosovo, Kosovo Report (Oxford: Oxford University Press, 2000), and especially A More Secure World: Our Shared Responsibility, Report of the High-Level Panel on Threats, Challenges and Change.
Legitimacy in International Law by Rüdiger Wolfrum (auth.), Rüdiger Wolfrum, Volker Röben (eds.)