Read e-book online Legitimacy in International Law PDF

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

ISBN-10: 3540777636

ISBN-13: 9783540777632

ISBN-10: 3540777644

ISBN-13: 9783540777649

In fresh years the query of the legitimacy of foreign legislations has been mentioned rather intensively. Such questions are, for instance, even if overseas legislation lacks legitimacy mostly; even if foreign legislations or part of it has yielded to the proof of energy; no matter if adherence to foreign criminal commitments might be subordinated to self-defined nationwide pursuits; even if foreign legislation or specific principles of it – similar 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 individual 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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However, there are two circumstances in the case of global governance institutions that exacerbate the problem of normative disagreement. First, in the case of the state, democratic processes provide a way of accommodating these disagreements, by providing a public process that assures every citizen that she is being treated as an equal, through the electoral process, while as we have seen democracy is unavailable at the global level. Second, although there is a widespread perception, at least among cosmopolitans broadly speaking, that there is serious global injustice and that the effective pursuit of global justice requires a significant role for global institutions, it is not possible at present to provide a principled specification of the division of institutional labor for pursuing global justice.

Although this Commission formally has merely consultative functions as far as the review of formal written plans is concerned, such recommendation may be overturned by the Council only by a qualified majority. When assessing international law in this respect one has to realize that recourse to expert opinions plays a significant role in international law. The composition of international courts or tribunals as well as the composition of the Appellate Body of the WTO may be seen from this perspective.

Legitimacy is not to be confused with optimal efficacy and efficiency. The other values that we discuss are also important in their own right; and in any case, institutional stability is a virtue. 20 This suggests a third substantive presumptive condition for legitimacy: institutional integrity. Institutional integrity If an institution exhibits a pattern of egregious disparity between its actual performance, on the one hand, and its self-proclaimed procedures or major goals, on the other, its legitimacy is seriously called into ques20 For instance, as of the beginning of 2006 the United Nations faced the issue of reconstituting a Human Rights Commission that had been discredited by the membership of states that notoriously abuse human rights, and even by Libya serving as chair in 2003.

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


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