Recognizing the Unrecognized Voices: Justifying the Legitimacy of International Institutions’ Authority Over Stateless Individuals and Residents in Unrecognized Territories

This paper examines the normative legitimacy justification of de facto authority of international institutions over stateless individuals and those residing in unrecognized de facto states. Stateless individuals, as defined under Article 1 of the Convention Relating to the Status of Stateless Persons, lack recognition as nationals by any state. Similarly, individuals in unrecognized de facto states live under governance structures that, despite meeting objective criteria for statehood, are excluded from international decision-making processes. This dual marginalization exposes critical gaps not only in the functioning of current international institutions but also in existing normative frameworks of international legitimacy, which missing the core of the legitimacy challenge by prioritizing state sovereignty and territorial integrity over individual autonomy. Moreover, often, this exclusion stems from systemic injustices and the arbitrary circumstances of birth—factors over which individuals have no control. Consequently, these populations are illegitimately denied meaningful opportunity for political participation in shaping the international norms and decisions that profoundly impact their personal autonomy. To address these challenges, this paper first argues that there must be a fundamental shift in how international legitimacy is conceptualized and operationalized. I show that current theories of international legitimacy reveal a critical flaw when confronted with a seemingly simple question: What justifies the authority of international institutions over individuals? This gap—the lack of a direct justification addressing individuals—highlights a profound paradox that remains unresolved. Meanwhile, international institutions increasingly exercise de facto authority directly over individuals, bypassing the mediating role of states. Therefore, there is a need for an individual-centric approach that treats individuals as the ultimate moral agents, rather than as passive subjects of both states and international institutions’ decisions. Next, the paper asserts that there are no compelling moral reasons to exclude stateless individuals and those residing in unrecognized de facto states from the international legitimacy justification. Instead, international institutions must seek to justify its legitimate right to rule over stateless individuals and those residing in unrecognized de facto states by granting them adequate opportunity for direct political participation in decision-making processes. Beyond the instrumental value for individual autonomy, the opportunity for political participation serves as a crucial constitutive mechanism through which international institutions can justify their legitimacy, enabling governed agents to fulfil their duties of justice, even amid profound disagreements. Finally, this paper advocates for the establishment of a Global Citizens’ Assembly as a practical mechanism to ensure adequate opportunities for direct political participation for unrecogzied individuals. A Global Citizens’ Assembly is a deliberative body composed of individuals randomly selected across the globe to discuss and influence international decision-making. Such an assembly would serve as a "transmission belt," amplifying the voices of marginalized populations and integrating their perspectives into global governance. By institutionalizing their participation, the Global Citizens’ Assembly would foster to a legitimate global order.