Book contents
- Frontmatter
- Contents
- Illustrations
- Foreword: Pierre-Marie Dupuy
- Acknowledgements
- Table of Cases and Judicial Decisions
- List of Abbreviations
- Introduction
- 1 Creation of internationalised territories
- 2 Fiduciary administration: mandates, trust and the transitory sovereignty vacuum
- 3 Self-determination and the personality of internationalised territories
- 4 ‘The King's two bodies’: the dual functions of international administrations
- 5 Extent of UN authority in Kosovo and the problem of an open-ended institution-building mandate
- 6 The status process: Kosovo's endgame
- 7 An anomalous legitimacy cycle
- 8 Properties of a transitory legal order
- Concluding appraisal
- Bibliography
- Index
8 - Properties of a transitory legal order
Published online by Cambridge University Press: 11 August 2009
- Frontmatter
- Contents
- Illustrations
- Foreword: Pierre-Marie Dupuy
- Acknowledgements
- Table of Cases and Judicial Decisions
- List of Abbreviations
- Introduction
- 1 Creation of internationalised territories
- 2 Fiduciary administration: mandates, trust and the transitory sovereignty vacuum
- 3 Self-determination and the personality of internationalised territories
- 4 ‘The King's two bodies’: the dual functions of international administrations
- 5 Extent of UN authority in Kosovo and the problem of an open-ended institution-building mandate
- 6 The status process: Kosovo's endgame
- 7 An anomalous legitimacy cycle
- 8 Properties of a transitory legal order
- Concluding appraisal
- Bibliography
- Index
Summary
The struggle to bring kings and presidents … within the confines of the fundamental laws … has left too indelible an impression upon too many peoples to make plausible any supposition that the founders of the United Nations intended to create, or have created, an organization free of its own basic principles.
Continuing the strands of discussion laid out in chapter 7, this chapter will focus on an international administration's capacity to engender normative change in order to affect the belief system upon which legitimacy is said to be founded. This is necessary as we have approached legitimacy in terms of political assessment but have neglected normative points of convergence on which it might be possible to appraise the legitimacy of a particular institution or action in terms of their ‘lawfulness’. For the legitimacy of UN imperium and its legal order another formal characteristic is important – the positivity of enacted law. As a criterion that contributes to the legitimation of governance, legal formalism is believed to offer precise and unambiguous rules prescribing obligatory conduct and thus a technical–rational process for decision-making. Following an understanding of the concept of legitimacy which we hold to be posited at the intersection of norms and their perception, the following exposé complements the ‘perspectival’ view with a more rule-based approach.
- Type
- Chapter
- Information
- The Legal Status of Territories Subject to Administration by International Organisations , pp. 326 - 403Publisher: Cambridge University PressPrint publication year: 2008