Results for 'international legitimacy'

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  1. ‘Victors’ Justice’? Historic Injustice and the Legitimacy of International Law.Daniel Butt - 2009 - In Lukas H. Meyer (ed.), Legitimacy, Justice and Public International Law. Cambridge Univeristy Press. pp. 163.
  2.  13
    Organizational Legitimacy of International Research Collaborations: Crossing Boundaries in the Middle East. [REVIEW]Anatoly Oleksiyenko - 2013 - Minerva 51 (1):49-69.
    Cross-border academic collaborations in conflict zones are vulnerable to escalated turbulence, liability concerns and flagging support. Multi-level stakeholder engagement at home and abroad is essential for securing the political and financial sustainability of such collaborations. This study examines the multilayered stakeholder arrangements within an international academic health science network contributing to peace-building in the Middle East. While organizational forms in this collaboration change to reflect the structural, epistemic and political expectations of various support groups operating locally and globally, the (...)
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    Reciprocal Legitimation: Reframing the Problem of International Legitimacy.A. Buchanan - 2011 - Politics, Philosophy and Economics 10 (1):5-19.
    Theorizing about the legitimacy of international institutions usually begins with a framing assumption according to which the legitimacy of the state is understood solely in terms of the relationship between the state and its citizens, without reference to the effects of state power on others. In contrast, this article argues that whether a state is legitimate vis-a-vis its own citizens depends upon whether its exercise of power respects the human rights of people in other states. The other (...)
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  4. Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law.Allen E. Buchanan - 2004 - Oxford University Press.
    This book articulates a systematic vision of an international legal system grounded in the commitment to justice for all persons. It provides a probing exploration of the moral issues involved in disputes about secession, ethno-national conflict, "the right of self-determination of peoples," human rights, and the legitimacy of the international legal system itself. Buchanan advances vigorous criticisms of the central dogmas of international relations and international law, arguing that the international legal system should make (...)
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  5.  91
    Stateless Crimes, Legitimacy, and International Criminal Law: The Case of Organ Trafficking. [REVIEW]Leslie P. Francis & John G. Francis - 2010 - Criminal Law and Philosophy 4 (3):283-295.
    Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions of genocide (...)
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  6.  5
    International Legitimacy and World Society - by Ian Clark.—Jennifer Mitzen - 2008 - Ethics and International Affairs 22 (2):223–225.
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    International Legitimacy and World Society, Ian Clark (New York: Oxford University Press, 2007), 248 Pp., $65.00 Cloth. [REVIEW]Jennifer Mitzen - 2008 - Ethics and International Affairs 22 (2):223-225.
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  8.  6
    Kosovo to Kadi: Legality and Legitimacy in the Contemporary International Order.Ruti Teitel - 2014 - Ethics and International Affairs 28 (1):105-113.
    Whence does international law derive its normative force as law in a world that remains, in many respects, one where legitimate politics is practiced primarily at the national level? As with domestically focused legal theories, one standard answer is positivistic: the law's authority is based on its origin in agreed procedures of consent. This is certainly plausible with respect to treaty obligations and commitments that derive from the United Nations Charter, but it leaves customary international law vulnerable to (...)
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  9. Human Rights, Legitimacy, and International Law.John Tasioulas - 2013 - American Journal of Jurisprudence 58 (1):1-25.
    The article begins with reflections on the nature, and basis, of human rights considered as moral standards. It recommends an orthodox view of their nature, as moral rights possessed by all human beings simply in virtue of their humanity and discoverable through the workings of natural reason, that makes them strongly continuous with natural rights. It then offers some criticisms of recent attempts to depart from orthodoxy by explicating human rights by reference to the supposedly constitutive connection they bear to (...)
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  10. Legitimacy, Humanitarian Intervention, and International Institutions.M. Kahler - 2011 - Politics, Philosophy and Economics 10 (1):20-45.
    The legitimacy of humanitarian intervention has been contested for more than a century, yet pressure for such intervention persists. Normative evolution and institutional design have been closely linked since the first debates over humanitarian intervention more than a century ago. Three norms have competed in shaping state practice and the normative discourse: human rights, peace preservation, and sovereignty. The rebalancing of these norms over time, most recently as the state’s responsibility to protect, has reflected specific international institutional environments. (...)
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  11.  7
    Political Legitimacy in International Border Governance Institutions.Terry Macdonald - 2015 - European Journal of Political Theory 14 (4):409-428.
    In this article, I address the question: what kind of normative principles should regulate the governance processes through which migration across international borders is managed? I begin by contrasting two distinct categories of normative controversy relating to this question. The first is a familiar set of moral controversies about justice within border governance, concerning what I call the ethics of exclusion. The second is a more theoretically neglected set of normative controversies about how institutional capacity for well functioning border (...)
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    Legitimacy and Lawmaking: A Tale of Three International Courts.Karen J. Alter & Laurence R. Helfer - 2013 - Theoretical Inquiries in Law 14 (2):479-504.
    This Article explores the relationship between the legitimacy of international courts and expansive judicial lawmaking. We compare lawmaking by three regional integration courts - the Court of Justice of the European Union, the Andean Tribunal of Justice, and the ECOWAS Community Court of Justice. These courts have similar jurisdictional grants and access rules, yet each has behaved in a strikingly different way when faced with opportunities to engage in expansive judicial lawmaking. The CJEU is the most activist, but (...)
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    Public Opinion and the Legitimacy of International Courts.Erik Voeten - 2013 - Theoretical Inquiries in Law 14 (2):411-436.
    Public legitimacy consists of beliefs among the mass public that an international court has the right to exercise authority in a certain domain. If publics strongly support such authority, it may be more difficult for governments to undermine an international court that takes controversial decisions. However, early studies found that while a majority of the public trusts international courts, this was based on weak attitudes derivative from more general legal values and support for the international (...)
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    The Uses and Abuses of Legitimacy in International Law.Christopher A. Thomas - 2014 - Oxford Journal of Legal Studies 34 (4):729-758.
    In recent decades, the term ‘ legitimacy ’ has featured heavily in debates about international law and international institutions. Yet the concept of legitimacy, mercurial as it is, has remained under-scrutinized, leading to confusion and misuse. Rather than advancing a particular conception of what may make international law legitimate, this article seeks to clarify and complicate how international lawyers understand and use legitimacy as a concept. To begin, the article distinguishes between legal, moral (...)
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  15.  1
    How International Courts Enhance Their Legitimacy.Shai Dothan - 2013 - Theoretical Inquiries in Law 14 (2):455-478.
    International courts strive to enhance their legitimacy, that is, they would like the members of the international community to perceive their judgments as just, correct and unbiased even if they do not agree with their specific content. This Article argues that international courts take into account the actors they interact with, the norms they apply, and the conditions they operate under as they try to enhance their legitimacy. It demonstrates strategic behavior towards that end in (...)
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  16.  1
    International Judicial Legitimacy: Lessons From National Courts.Yonatan Lupu - 2013 - Theoretical Inquiries in Law 14 (2):437-454.
    How can international courts better establish their legitimacy? We can better answer this question by first focusing on what scholars have learned about how national courts build legitimacy over time. The literature suggests that national courts strategically build legitimacy by balancing their own policy preferences with those of their audiences. In so doing, they attempt to avoid instances of court curbing that can diminish legitimacy over the long run. Applying a similar strategy may be more (...)
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  17. Democratic Legitimacy and International Institutions.Thomas Christiano - 2010 - In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. Oxford University Press.
  18. The Legitimacy of International Law.Allen Buchanan - 2010 - In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. Oxford University Press. pp. 79--96.
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  19. The Legitimacy of International Law.John Tasioulas - 2010 - In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. Oxford University Press.
     
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  20. Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law.David Luban - 2010 - In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. Oxford University Press.
  21.  21
    Human Rights and the Legitimacy of the International Order.Allen Buchanan - 2008 - Legal Theory 14 (1):39-70.
    The international legal order is beginning to take human rights seriously, yet sound justifications for claims about human rights are conspicuously absent. Philosophers have begun to respond to this “justification deficit” by developing theories of human rights. Although a philosophical conception of human rights is needed, it would not be sufficient. The justification of human rights is a dynamic process in which a provisional philosophical conception of human rights both guides and is fleshed out by public processes of practical (...)
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  22.  1
    The Democratic Legitimacy of International Courts: A Conceptual Framework.Armin von Bogdandy - 2013 - Theoretical Inquiries in Law 14 (2):361-380.
    Many international courts have developed into institutions of public authority; this begs the question of their legitimation. This Article addresses their democratic legitimation and argues that Articles 9-12 of the E.U. Treaty provide a promising blueprint for its conceptualization, fusing theories focused on representation, participation and deliberation. This fusion points the way towards conceiving and developing the democratic credentials of institutions beyond the state in general. Soft law used by international judges, their election, procedure and reasoning will appear (...)
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  23.  1
    Courts, Compliance, and the Quest for Legitimacy in International Law.Matthew Joseph Gabel & Clifford James Carrubba - 2013 - Theoretical Inquiries in Law 14 (2):505-542.
    International courts are an integral component of the international legal system. These courts have been proliferating over time and increasingly working to ensure state compliance with the rules of the international regulatory regimes they join. However, these courts face a fundamental challenge: while they can rule against governments in violation of the regime’s rules, they cannot enforce those decisions. Working from the first principle that the regulatory regime is designed to help resolve collective action problems among the (...)
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  24.  1
    Book Review: Legitimacy in International Society. [REVIEW]A. F. Lang - 2006 - Journal of International Political Theory 2 (1):93-95.
  25.  1
    Justice, Legitimacy, and Self-Determination: Moral Foundations for International Law, Allen Buchanan , 507 Pp., $35 Cloth. [REVIEW]Deen K. Chatterjee - 2005 - Ethics and International Affairs 19 (2):123-126.
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  26. Legitimacy in International Society Ian Clark, Legitimacy in International Society.Anthony Lang Jr - 2006 - Journal of International Political Theory 2:93-95.
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  27.  78
    Allen Buchanan,Justice, Legitimacy, and Self‐Determination: Moral Foundations for International Law:Justice, Legitimacy, and Self‐Determination: Moral Foundations for International Law.Michael Blake - 2008 - Ethics 118 (4):721-726.
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    The Legitimacy of International Human Rights Review: The Case of the European Court of Human Rights.Andreas Follesdal - 2009 - Journal of Social Philosophy 40 (4):595-607.
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  29.  6
    Mayerfeld, Jamie. The Promise of Human Rights: Constitutional Government, Democratic Legitimacy, and International Law. Philadelphia: University of Pennsylvania Press, 2016. Pp. 320. $65.00. [REVIEW]Kristen Hessler - 2017 - Ethics 128 (1):264-269.
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  30.  18
    Justice, Legitimacy and Self-Determination: Moral Foundations for International Law.Will Kymlicka - 2009 - Contemporary Political Theory 8 (1):111-112.
  31.  11
    The Legitimacy of the Supranational Regulation of Local Systems of Food Production: A Discussion Whose Time Has Come.Emanuela Ceva, Chiara Testino & Federico Zuolo - 2015 - Journal of Social Philosophy 46 (4):418-433.
    By reference to the illustrative case of the supranational regulation of local systems of food production, we aim to show the importance of identifying issues of international legitimacy as a discrete component – alongside issues of global distributive justice – of the liberal project of public justification of supranational collective decisions. Therefore, we offer the diagnosis of a problem but do not prescribe the therapy to cure it.
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  32.  11
    Legitimacy and Power Politics: The American and French Revolutions in International Political Culture. By Mlada Bukovansky.Lora Sigler - 2013 - The European Legacy 18 (1):117-118.
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  33.  4
    The Promise of Human Rights: Constitutional Government, Democratic Legitimacy, and International Law.Benjamin Gregg - 2018 - Contemporary Political Theory 17 (S1):30-34.
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  34.  19
    Review of Lukas H. Meyer (Ed.), Legitimacy, Justice and Public International Law[REVIEW]Laura Valentini - 2010 - Notre Dame Philosophical Reviews 2010 (7).
  35.  16
    Book Review: Justice, Legitimacy and Self-Determination: Moral Foundations for International Law. [REVIEW]Duncan Kelly - 2005 - Journal of Moral Philosophy 2 (2):251-254.
  36.  8
    Justice, Legitimacy and Self-Determination: Moral Foundations for International Law.Peter Sutch - 2009 - Contemporary Political Theory 8 (1):111.
  37.  5
    Legitimacy in International Society Ian Clark,Legitimacy in International Society.Anthony F. Lang - 2006 - Politics and Ethics Review 2 (1):93-95.
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  38.  2
    Are International Ethical Guidance Documents and Statements Lacking Legitimacy?Udo Schuklenk - 2015 - Developing World Bioethics 15 (2):ii-iii.
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  39.  1
    Justice, Legitimacy and Self-Determination: Moral Foundations for International Law.Peter Sutch - 2009 - Contemporary Political Theory 8 (1):111-112.
  40. Book ReviewsAllen Buchanan,. Justice, Legitimacy, and Self‐Determination: Moral Foundations for International Law.Oxford: Oxford University Press, 2004. Pp. 520. $75.00 ; $35.00. [REVIEW]Michael Blake - 2008 - Ethics 118 (4):721-726.
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  41. Allen Buchanan, Justice, Legitimacy and Self-Determination. Moral Foundations for International Law.Urška Mavrič - 2008 - Croatian Journal of Philosophy 23:285-288.
     
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  42. Political Legitimacy.Fabienne Peter - 2010 - Stanford Encyclopedia of Philosophy.
    Political legitimacy is a virtue of political institutions and of the decisions—about laws, policies, and candidates for political office—made within them. This entry will survey the main answers that have been given to the following questions. First, how should legitimacy be defined? Is it primarily a descriptive or a normative concept? If legitimacy is understood normatively, what does it entail? Some associate legitimacy with the justification of coercive power and with the creation of political authority. Others (...)
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    The Legitimating Role of Consent in International Law.Matthew Lister - 2011 - Chicago Journal of International Law 11 (2).
    According to many traditional accounts, one important difference between international and domestic law is that international law depends on the consent of the relevant parties (states) in a way that domestic law does not. In recent years this traditional account has been attacked both by philosophers such as Allen Buchanan and by lawyers and legal scholars working on international law. It is now safe to say that the view that consent plays an important foundational role in (...) law is a contested one, perhaps even a minority position, among lawyers and philosophers. In this paper I defend a limited but important role for actual consent in legitimating international law. While actual consent is not necessary for justifying the enforcement of jus cogens norms, at least when they are narrowly understood, this leaves much of international law unaccounted for. By drawing on a Lockean social contract account, I show how, given the ways that international cooperation is different from cooperation in the domestic sphere, actual consent is both a possible and an appropriate legitimating device for much of international law. (shrink)
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  44. In Defense of Discretionary Association Theories of Political Legitimacy: Reply to Buchanan.Marcus Arvan - 2009 - Journal of Ethics and Social Philosophy (2):1-6.
    Allen Buchanan has argued that a widely defended view of the nature of the state – the view that the state is a discretionary association for the mutual advantage of its members – must be rejected because it cannot adequately account for moral requirements of humanitarian intervention. This paper argues that Buchanan’s objection is unsuccessful,and moreover, that discretionary association theories can preserve an important distinction that Buchanan’s alternative approach to political legitimacy cannot: the distinction between “internal” legitimacy (a (...)
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  45. The Human Right to Political Participation.Fabienne Peter - 2013 - Journal of Ethics and Social Philosophy 7 (2):1-16.
    In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights which do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, but also in (...) and global governance processes. The argument will be based on a cosmopolitan conception of political legitimacy and on a political conception of human rights that is normatively anchored in legitimacy. The central claim of my paper is that a right to political participation is necessary – but not sufficient – for political legitimacy in the global realm. (shrink)
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    Transnational Governance Arrangements: Legitimate Alternatives to Regulating Nanotechnologies? [REVIEW]Evisa Kica & Diana M. Bowman - 2013 - NanoEthics 7 (1):69-82.
    In recent years, the development and the use of engineered nanomaterials have generated many debates on whether these materials should be part of the new or existing regulatory frameworks. The uncertainty, lack of scientific knowledge and rapid expansion of products containing nanomaterials have added even more to the regulatory dilemma with policy makers and public/private actors contenting periods of both under and over regulation. Responding to these regulatory challenges, as well as to the global reach of nanotechnology research and industrial (...)
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    Modern Chinese Court Buildings, Regime Legitimacy and the Public.Björn Ahl & Hendrik Tieben - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (3):603-626.
    This study investigates the interrelation of outer appearance and spatial configuration of modern Chinese court buildings with the party-state’s strategy of building regime legitimacy. The spatial element of this relation is explored in four different court buildings in Kunming, Chongqing, Shanghai and Xi’an. It is argued that court buildings contribute to the empowerment of individuals who appear as parties in trials. Courthouses also facilitate the courts’ function of exercising social control and the application of an instrumentalist approach to the (...)
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  48.  14
    Are Institutions and Empiricism Enough? [REVIEW]Matthew J. Lister - 2011 - Transnational Legal Theory 2 (1).
    Legal philosophers have given relatively little attention to international law in comparison to other topics, and philosophers working on international or global justice have not taken international law as a primary focus, either. Allen Buchanan's recent work is arguably the most important exception to these trends. For over a decade he has devoted significant time and philosophical skill to questions central to international law, and has tied these concerns to related issues of global justice more generally. (...)
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  49. The UN Security Council, Normative Legitimacy and the Challenge of Specificity.Antoinette Scherz & Alain Zysset - forthcoming - Critical Review of International Social and Political Philosophy.
    This paper discusses how the general and abstract concept of legitimacy applies to international institution, on the example of the United Nations Security Council. On our account the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security and, on the other hand, the broader respect for human rights. Both of (...)
     
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  50. Institutional Legitimacy.N. P. Adams - 2018 - Journal of Political Philosophy:84-102.
    Political legitimacy is best understood as one type of a broader notion, which I call institutional legitimacy. An institution is legitimate in my sense when it has the right to function. The right to function correlates to a duty of non-interference. Understanding legitimacy in this way favorably contrasts with legitimacy understood in the traditional way, as the right to rule correlating to a duty of obedience. It helps unify our discourses of legitimacy across a wider (...)
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