
Contents
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1 Introduction 1 Introduction
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2 Concept of Legitimacy 2 Concept of Legitimacy
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3 A Typology of Legitimacy Theories 3 A Typology of Legitimacy Theories
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4 Why Is Legitimacy a Growing Issue in International Environmental Law? 4 Why Is Legitimacy a Growing Issue in International Environmental Law?
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5 Alternative Bases of Legitimacy 5 Alternative Bases of Legitimacy
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5.1 Democracy 5.1 Democracy
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5.2 Participation and Transparency 5.2 Participation and Transparency
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5.3 Expertise and Effectiveness 5.3 Expertise and Effectiveness
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6 Conclusion: Building Legitimacy over Time: How to Develop Trust in International Environmental Institutions? 6 Conclusion: Building Legitimacy over Time: How to Develop Trust in International Environmental Institutions?
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Recommended Reading Recommended Reading
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Notes Notes
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30 Legitimacy
Get accessDaniel Bodansky, Professor of Law and Emily and Ernest Woodruff Chair of International Law, University of Georgia School of Law, Athens, Georgia, USA. Professor Bodansky has written extensively on international environmental law generally, and climate change in particular. He served as the US Department of State's Climate Change Coordinator from 1999–2001, co-edited (with Jutta Brunnée and Ellen Hey) the Oxford Handbook of International Environmental Law, and is on the Editorial Board of the American Journal of International Law.
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Published:August 2008
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Introduction
Can the International Whaling Commission (IWC) ban commercial whaling under the auspices of a treaty whose declared purpose is the ‘orderly development of the whaling industry’? Should a majority of the parties to the Montreal Protocol on Substances That Deplete the Ozone Layer (Montreal Protocol) be able to compel dissenting states to reduce their production and consumption of ozone-depleting substances? Do decisions by the Antarctic Treaty consultative parties constrain the activities of non-member states? Should World Trade Organization (WTO) dispute settlement panels be the mechanism for deciding the legality of trade measures contained in multilateral environmental agreements? These questions all raise, in different forms, the issue of legitimacy. The terms ‘legitimacy’ and ‘illegitimacy’ are often used as general labels of approval and disapproval. Yet legitimacy has a more precise meaning in political theory and sociology, focusing on the justification and acceptance of political authority—the authority of the IWC to ban commercial whaling, for example, or of the WTO to review measures adopted pursuant to environmental agreements. A legitimate institution is one that has a right to govern—for example, based on tradition, expertise, legality, or public accountability—rather than one relying on the mere exercise of power.
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