Enhancing the Procedural Legitimacy of the U.N. Security Council: A Normative and Empirical Assessment
(2005) 17 Sri Lanka Journal of International Law 1-53
54 Pages Posted: 4 Apr 2017
Date Written: March 28, 2005
Abstract
In this essay, the author examines the question of the legitimacy of the Security Council. The author defines legitimacy as the justification of authority and focuses on legitimacy of Council procedure. He scrutinizes three influential normative theories of international legitimation present in the discourse of the on-going Council reform debate: realism, international legal legitimacy and supranational democratic legitimacy. Using these theories as a starting point, he develops his own theory of empirical legitimacy composed of a series of elements, which if implemented would increase the perception of the Council's legitimacy. He also proposes various ways through which these elements could be realized. Finally, the author concludes by arguing that the question of the Council's legitimacy is crucial in light of its importance for the legitimacy of international law on the whole. As such, he proposes a framework to revitalize the mired Security Council reform process.
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