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

ISBN-10: 3540777636

ISBN-13: 9783540777632

ISBN-10: 3540777644

ISBN-13: 9783540777649

In contemporary years the query of the legitimacy of foreign legislations has been mentioned fairly intensively. Such questions are, for instance, even if overseas legislations lacks legitimacy ordinarily; even if foreign legislations or part of it has yielded to the evidence of strength; even if adherence to foreign felony commitments will be subordinated to self-defined nationwide pursuits; even if overseas legislations or specific ideas of it – corresponding 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 ebook includes clean views on those questions, provided at a world and interdisciplinary convention hosted via the Max Planck Institute for Comparative legislations and foreign 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.

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. In other words, the standard should acknowledge the fact that where the issue of legitimacy is most urgent, there is likely to be deep normative disagreement and uncertainty. In our view, the way out of this impasse is to build the conditions needed for principled, informed deliberation about normative issues into the standard of legitimacy itself.

The standard of legitimacy should require minimal moral acceptability, but should also accommodate and even encourage the possibility of developing more demanding requirements of justice for at least some of these institutions, as a principled basis for an institutional division of labor regarding justice emerges. Later in this section we explain how global governance institutions can be structured so as to facilitate principled, informed deliberation about whether the bar for minimal moral acceptability should be raised.

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


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