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, Nicholas
    Title 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.
    Copyright Holder United Nations University
    Copyright Year 2008
    Copyright type All rights reserved
    ISBN 9789280830590
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    Created: Fri, 19 Nov 2021, 19:34:26 JST