Chapter 6. LEGITIMACY IN INTERNATIONAL LAW: SUBSTANTIVE AND COMMUNICATIVE DIMENSIONS

Abstract

The study examines the multifaceted nature of legitimacy in the context of international law, elucidating its paramount importance for the law's authority and its pervasive influence on the applicability of legal norms globally. The pressing relevance of this inquiry emerges from the challenges posed by the application of international law in complex scenarios such as military interventions and global governance, which necessitate a refined comprehension of legitimacy's contours. The research's objective is to dissect the essence, theoretical frameworks, and practical dimensions of legitimacy, thereby elucidating its pivotal role and manifestations within the international legal order. The principal findings underscore that legitimacy in international law transcends mere legal validity, embedding itself within a broader ethical and communicative framework that demands consideration of justice, human rights, and international peace and security. Legitimacy is found to be inherently dynamic, shaped significantly by the interactive processes among global actors and the consensus within the international interpretative community on ethical and legal standards. The study highlights the crucial role of narrative and argumentation in legitimizing or delegitimizing actions under international law, illustrating how perceptions of legitimacy can evolve and influence international legal practices and decisions. The nuanced understanding of legitimacy gleaned from this research contributes to a more precise conceptualization of its role, emphasizing its indispensable function in guiding the application of international law, enhancing global governance, and promoting a more equitable and just international order.

Keywords

• Legitimacy, International relations, International Law, Global Legal Order, legitimation, norm, international community, law enforcement