Legitimacy in International Law by Rüdiger Wolfrum (auth.), Rüdiger Wolfrum, Volker Röben

By Rüdiger Wolfrum (auth.), Rüdiger Wolfrum, Volker Röben (eds.)

In contemporary years the query of the legitimacy of foreign legislation has been mentioned relatively intensively. Such questions are, for instance, even if foreign legislations lacks legitimacy commonly; even if foreign legislation or part of it has yielded to the proof of energy; even if adherence to foreign criminal commitments could be subordinated to self-defined nationwide pursuits; even if overseas legislations or specific ideas of it – equivalent to 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 exact foreign norm?

This e-book comprises clean views on those questions, provided at a world and interdisciplinary convention hosted by means of the Max Planck Institute for Comparative legislations and foreign Law.

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For a discussion of governmental networks, including judicial networks, see Anne-Marie Slaughter, A New World Order (Princeton: Princeton University Press, 2004). 28 Buchanan/Keohane effective rule in East Timor, Bosnia and Kosovo; and the Appellate Body of the World Trade Organization can make judgments binding on members in international law, without their consent. Hence the question arises as to whether such institutions are compatible with the right of self-determination, so far as this right is exercised through the powers of sovereignty.

Furthermore, to be sufficiently general, an account of legitimacy must avoid moral requirements that only apply to some global governance institutions. These considerations suggest the appropriateness of something like the minimal moral acceptability requirement, understood as refraining from violations of the least controversial human rights. On the other hand, the standard of legitimacy should somehow reflect the fact that part of what is at issue in disputes over the legitimacy of some of these institutions is whether they should satisfy more robust demands of justice.

12 The Pedigree view, on both its variants, fails because it is hard to see how state consent could render global governance institutions legitimate, given that many states are nondemocratic and systematically violate the human rights of their citizens and for that reason are themselves illegitimate. State consent in these cases cannot transfer legitimacy for the simple reason that there is no legitimacy to transfer. To assert that state consent, regardless of the character of the state, is sufficient for the legitimacy of global governance institutions is to regress to a conception of international order that failed to impose even the most minimal normative requirements on states.

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