International Law and Legitimacy: From General Principle to Specific Applications

Abstract

The concepts of law and legitimacy are inherently related and central to political theory. In their traditional guise, evaluations of legitimacy identify which states have the right to rule and law is the main instrument of exercising this right to rule. However, law and legitimacy are also relevant beyond the state. Our world is increasingly globalized, characterized by a huge variety of international institutions and transnational actors that wield power in many different ways across different domains. In this setting, the traditional state-focused concept of the rule of law, legitimacy and the normative standards for achieving legitimacy, including democratic standards, are under increasing strain. For institutions and actors that do not function in the way states function, it is unclear what legitimacy means and, relatedly, it is unclear what standards such entities must meet to be legitimate or how law should function in this setting. This panel seeks to develop normative notions of law and legitimacy beyond the state, its general principles and applications to specific institutions.