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11. IS THE UN SECURITY COUNCIL LOSING LEGITIMACY?

Author:
Anjali Dayal
Publication Date:
06-2018
Content Type:
Commentary and Analysis
Institution:
Political Violence @ A Glance
Abstract:
The UN Security Council (UNSC) is at a precipice. The Trump administration’s recent announcement that the US would no longer abide by the Joint Comprehensive Plan of Action (JCPOA) – the multilateral agreement to restrict Iran’s ability to acquire and develop nuclear weapons – breaks both a UNSC agreement and UNSC procedure. Breaking the JCPOA has the potential to undermine the UNSC’s legitimacy and the important functions it serves; the value the permanent five members of the UNSC (P5) place on the UNSC as a deliberative, policy-producing body in international politics is unlikely to persist amidst repeated, major violations of UNSC agreements and procedures by the P5, with downstream consequences for a broad swathe of international peace and security outcomes.
Topic:
United Nations, European Union, Legitimacy, UN Security Council, and JCPOA
Political Geography:
Global Focus

12. Conflict Prevention and the Legitimacy of Governance Actors

Author:
Karoline Eickhoff and Luise K Muller
Publication Date:
09-2017
Content Type:
Working Paper
Institution:
Collaborative Research Center (SFB) 700
Abstract:
The aim of this research report is to examine the empirical literature on the connection between the legitimacy of governance actors and conflict prevention. As the leading hypothesis for this research report, we take it that legitimate governance actors and legitimate institutions are indispensable in the prevention of conflict. We proceed with our examination of this hypothesis in two steps. First, we clarify the conceptual connection between legitimacy and conflict prevention. We suggest that governance actors should concentrate less on stability and more on legitimacy because legitimate actors and institutions produce stability for the right reasons. Second, we discuss the practical implications of these considerations. Our findings are relevant both for narrow, project-based external policy initiatives in the field of conflict prevention and for more general governance interventions. In both cases, policies can focus on two dimensions. First, improving governance performance will include adjusting external policies to fit local legitimacy perceptions. The second dimension is the transformation of predominant perceptions of legitimacy. We argue that while the second strategy might not be impossible, it is not a viable strategy for external actors. In fact, we believe that the focus on this second dimension explains many of the unsuccessful attempts at governance provision by external actors
Topic:
Conflict Prevention, Governance, Conflict, and Legitimacy
Political Geography:
Global Focus

13. Regional Parliamentary Institutions: Diffusion of a Global Parliamentary Organizational Design?

Author:
Michael Giesen
Publication Date:
08-2017
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
In the last three decades Regional Parliamentary Institutions (RPIs) have experienced a rapid increase and spread across all regions around the globe. They represent a unique parliamentary phenomenon of inter- national affairs that first and foremost exhibits a genuine legitimacy nexus between local constituencies and the international area. This paper builds on this characteristic and elaborates a legitimacy approach that identifies three legitimacy mechanisms that may help to conceptualize the establishment of specific design features of RPIs. To this end, a concise typology of RPIs with two disjunctive criteria – election mode and connection to a parent regional organization – provides the grounds for a systematic analysis of their organizational design. Building on a newly created dataset of 68 globally spread RPIs, the empirical analysis generates two main findings: (1) the rapid increase of RPIs after 1989 is empirically corroborated for all regions and most types of these institutions; (2) two standard applications of the developed legit- imacy mechanisms – functional and normative legitimacy arguments – are not significant in explaining the choice of specific design features of RPIs. Therefore, the observed rapid increase and global spread of these institutions provide tentative evidence to support a diffusion analysis of their emergence and design, making the paper call for a more thorough conceptualization of RPIs’ organizational design and processes of inter-dependent decision-making.
Topic:
Diplomacy, Regional Cooperation, Legitimacy, and Regional Parliamentary Institutions
Political Geography:
Global Focus

14. State Legitimacy, Fragile States, and U.S. National Security

Author:
CAP National Security and International Policy
Publication Date:
09-2016
Content Type:
Working Paper
Institution:
Center for American Progress - CAP
Abstract:
When the 45th president of the United States takes office in 2017, he or she will inherit a century-old mantle of global leadership. The new president will immediately confront questions about America’s influence in the world and its ability to protect American interests and maintain global peace and stability. Today, some of the greatest threats to U.S. national security originate from the very forces of growing interconnectedness that the post-World War II order has enabled. For years, global businesses and expanding communications have been connecting the peoples and nations of the world together at faster and faster rates, and these changes have produced tremendous opportunities and prosperity in the United States and around the world. But at the same time, the rise of global interconnectedness means that it has become easier for transnational security threats—from terrorism to organized crime—to spread. These threats, which increasingly overlap to comprise an illicit world that parallels the state system, put at risk the international system that has upheld peace and prosperity. In addition, other transnational threats—from climate change to health pandemics—increasingly threaten the United States and countries around the world and require coordinated, effective efforts to tackle them. The majority of these threats originate in or are exacerbated by areas where a state’s citizens do not see their government as legitimate, or where legitimate governments are unable to extend their lawful powers across their entire geographies. From states in open conflict in the Middle East to states in Latin America and Africa that still struggle with vast ungoverned territories, the lack of legitimate governing institutions is an invitation for illicit transnational forces to grow. Terrorists find their greatest safe haven in countries where governments cannot or will not control their territory; pandemic diseases go undetected and untreated due to governments not properly addressing health care needs; organized criminal groups can create regional and global networks when corrupt governments are complicit or absent; and climate change wreaks even greater havoc when there is no effective government to take steps to mitigate the threats. The missing links in all of these cases are legitimate governing institutions that can reflect the will of their people, respond to their needs, and extend their authority across the entire populace.
Topic:
Foreign Policy, National Security, Military Strategy, Fragile States, and Legitimacy
Political Geography:
Global Focus

15. The UN Declaration on the Rule of Law and the Application of the Rule of Law to the UN: A Reconstruction From an International Public Authority Perspective

Author:
Clemens A. Feinaugle
Publication Date:
06-2016
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The UN Declaration on the rule of law at the national and international levels seems to open new possibilities for listed terrorist suspects claiming legal protection or those seeking damages for harm caused by UN peacekeepers because the Declaration provides that the rule of law applies to the United Nations itself. However, the Declaration raises questions regarding the elements of the rule of law, its legal basis, and binding nature. This paper attempts a reconstruction of the UN Declaration and relevant UN practice under an international public authority perspective to explain and develop elements of the rule of law applicable to the UN, to determine its legal basis, and to investigate its binding nature. It argues, that since measures under Chapter VII must be effective if the UN wants to fulfil its purpose (Article 1 (1) UN Charter), the UN is bound by the rule of law insofar as “effective” measures require that related legitimacy concerns are addressed by rule of law safeguards.
Topic:
International Law, Terrorism, United Nations, Peacekeeping, and Legitimacy
Political Geography:
Global Focus

16. Is Democracy in Decline?

Author:
Marc F. Plattner
Publication Date:
01-2015
Content Type:
Journal Article
Journal:
Journal of Democracy
Institution:
National Endowment for Democracy
Abstract:
For 25 years, the Journal of Democracy has been “taking the temperature” of democracy around the globe. Here in our twenty-fifth anniversary issue, we feel compelled to confront head-on the question of whether democracy is in decline. Why? There are two aspects to the answer, which although intertwined are in some measure separable. The first deals with what is actually taking place on the ground: How many countries are democratic? Is their number rising or shrinking? What is the situation with respect to such liberal-democratic features as freedom of the press, rule of law, free and fair elections, and the like? The second, more subjective, aspect concerns the standing of democracy in the world: How is it viewed in terms of legitimacy and attractiveness? It is in this latter dimension that the evidence, or at least the widespread perception, of decline is most striking. Democracy’s supporters must undertake a clear-eyed appraisal of democracy’s current decline and summon the resolve and seriousness of purpose needed to reverse it.
Topic:
Democracy, Political stability, and Legitimacy
Political Geography:
Global Focus