Tuesday, August 30, 2011

Bodansky: Legitimacy in International Law and International Relations

Daniel Bodansky (Arizona State Univ. - Law) has posted Legitimacy in International Law and International Relations. Here's the abstract:
Over the past decade, there has been an explosion of interest, both among international lawyers and international relations scholars, in the legitimacy of international institutions. The issue of international legitimacy raises many important questions. Conceptually, what do we mean by “legitimacy” and what is its relation to other concepts such as legality, authority, obedience, power, self-interest, morality and justice? Normatively, what standards should we use to assess the legitimacy of international institutions? Descriptively, what standards do different actors (government officials, international bureaucrats, civil society groups, and business) actually use in assessing the legitimacy of international institutions? Finally, causally, what factors explain the creation of institutions with normative legitimacy, what factors explain why institutions are accepted as legitimate, and how much practical difference do beliefs about legitimacy make -- for example, for the effectiveness and stability of an institution? This paper surveys the international law and international relations literatures on these issues.