UNU Policy Brief Number 5, 2008
Popovski, Vesselin and Turner, Nicholas (2008). UNU Policy Brief Number 5, 2008. Policy Briefs. United Nations University.
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Sub-type Policy brief Author Popovski, Vesselin
Turner, NicholasTitle UNU Policy Brief Number 5, 2008 Series Title Policy Briefs Publication Date 2008 Place of Publication Tokyo Publisher United Nations University Pages VIII, 8 Language eng Abstract In extreme circumstances, legitimacy can introduce constructive Fl edibility in international law, as illustrated by the1999 Kosovo intervention. In contrast, the 2003 Iraq war demonstrates the dangers of abusing such Fl edibility. Ianthe past the absence of a legitimacy discourse brought the immediate condemnation of legally uncertain acts. Today Fl edibility exists and claims for legitimacy are made more often—either reinforcing or challenging legality. Legitimacy can strengthen legality, enhancing the authoritative power of treaty-based or customary rules. However, the legitimacy of law can be undermined by its structural inability to respond to urgent problems. When laws are seen as limited, obsolete, or harmful to people, legitimacy can be a corrective force, invoked for global justice, human dignity, emergency protection, or environmental security. Legitimacy needs law as much as law needs legitimacy—law cannot be respected if seen as illegitimate, while appeals to legitimacy must be based in law to prevent opportunism. UNBIS Thesaurus ILLEGALITY
CRIME AND CRIMINAL JUSTICE
INTERNATIONAL LAWCopyright Holder United Nations University Copyright Year 2008 Copyright type All rights reserved ISBN 9789280830590 -
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