Legitimate Governance as a Privilege and Price for the Autonomy of International Organisations

30 Pages Posted: 8 Aug 2018 Last revised: 19 Nov 2018

See all articles by Mateja Steinbrueck-Platise

Mateja Steinbrueck-Platise

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Comparative Public Law and International Law

Date Written: August 8, 2018

Abstract

The paper addresses the legitimacy crisis of the OSCE, by going beyond the well-rehearsed political debates between the participating States as to the OSCE’s institutional form, functions and structure, and by situating it instead in a broader context of global governance. For that purpose, the concept of autonomy is introduced as one of essential elements of legal personality of international organizations, but still broader in scope in that it can be identified also with organizations lacking legal personality. Since autonomy of an organization gives rise to certain legitimate expectations as to its purpose, functioning and outcomes, some of the legitimacy standards typically appertaining to the organizations with legal personality become relevant also with respect to other international organizations, including the OSCE. On that basis, the contribution sketches out some of the legitimacy standards that call for a reform of informal organisations such as the OSCE. This rising normative framework thereby applies to organizations not because they might possess international legal personality or are established by a constitutive treaty, but because they have the capacity to autonomously exercise public power over individuals and peoples at large.

Keywords: OSCE, legitimacy, autonomy, governance, international legal personality, human rights

Suggested Citation

Steinbrueck-Platise, Mateja, Legitimate Governance as a Privilege and Price for the Autonomy of International Organisations (August 8, 2018). Max Planck Institute for Comparative Public Law & International Law (MPIL) Research Paper No. 2018-18. Available at SSRN: https://ssrn.com/abstract=3228556 or http://dx.doi.org/10.2139/ssrn.3228556

Mateja Steinbrueck-Platise (Contact Author)

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Comparative Public Law and International Law ( email )

Im Neuenheimer Feld 535
69120 Heidelberg, 69120
Germany

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