Legitimate actors of international law-making: towards a theory of international democratic representation

Jurisprudence 9 (3):504-540 (2018)
  Copy   BIBTEX

Abstract

ABSTRACTThis article addresses the identity of the legitimate actors of international law-making from the perspective of democratic theory. It argues that both states or state-based international organisations, and civil society actors should be considered complementary legitimate actors of international law-making. Unlike previous accounts, our proposed model of representation, the Multiple Representation Model, is based on an expanded, democratic understanding of the principle of state participation: it is specifically designed to palliate the democratic deficits of more common versions of the Principle of State Consent. Second, it endorses a qualified version of the Principle of Civil Society Participation, one that is much more restrictive and more critical of the democratic defects of civil society actors than most of its current supporters. Finally, it reveals how the democratic strengths and deficits of both models are best approached as mirroring one another and need to be combined in a complex ac...

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,349

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

The Non-State Actor and International Law: A Challenge to State Primacy?J. Howley - 2009 - Dialogue: Academy of the Social Sciences in Australia. 7 (1):1-19.
Authorities: Conflicts, Cooperation, and Transnational Legal Theory.Nicole Roughan - 2013 - Oxford, United Kingdom: Oxford University Press UK.
Democratic Governance and International Law.Gregory H. Fox & Brad R. Roth (eds.) - 2000 - Cambridge University Press.
The limits of international law.Jack L. Goldsmith - 2005 - New York: Oxford University Press. Edited by Eric A. Posner.
Global actors and public power.Barbara Buckinx - 2012 - Critical Review of International Social and Political Philosophy 15 (5):535-551.
How does international law work?Tom Ginsburg & Gregory Shaffer - 2010 - In Peter Cane & Herbert M. Kritzer (eds.), The Oxford Handbook of Empirical Legal Research. Oxford University Press.
Ethical Competence in International Relations.Mervyn Frost - 2009 - Ethics and International Affairs 23 (2):91-100.

Analytics

Added to PP
2018-03-27

Downloads
39 (#398,894)

6 months
9 (#290,637)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Citations of this work

Legitimacy beyond the state: institutional purposes and contextual constraints.N. P. Adams, Antoinette Scherz & Cord Schmelzle - 2020 - Critical Review of International Social and Political Philosophy 23 (3):281-291.
Global Democracy and Feasibility.Eva Erman - 2020 - Critical Review of International Social and Political Philosophy 23 (3):1-21.
The asymmetry between domestic and global legitimacy.Matthias Brinkmann - forthcoming - Critical Review of International Social and Political Philosophy.
The representative system.Felipe Rey - 2023 - Critical Review of International Social and Political Philosophy 26 (6):831-854.

View all 7 citations / Add more citations