Legitimacy of International Authorities: A Reason-Based and Institutional Approach

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ABSTRACT

INTRODUCTION: THE CIRCUMSTANCES OF AUTHORITY IN INTERNATIONAL LAW 1. One Simple Example: The Authority of Climate Change Regime 2. The Erosion of State Sovereignty and Emerging of a New-Sovereignty Regime 3. Three Important Characteristics of Authority in International Level 3.1. Where to Search International Authority? 3.2. Diversity of Authorities at the International Level and Their Interdependence 3.2.1. Law-Enforcing Capacity 3.2.2. The Claims to Authority and the Legitimacy Grounds of Authorities 3.3. Authority Competition Under the Circumstances in International Law 4. A Brief Summary of the Dissertation

PART I: WHY THE SERVICE CONCEPTION? CHAPTER 1: A REASON-BASED APPROACH TO THE CONCEPT OF LEGITIMATE AUTHORITY 1. Introduction 2. Reason-Based Approach to the Concept of Legitimate Authority 2.1. The Service Conception from the Perspective of the Reason-Based Approach 2.2. The Distinction Between Theoretical and Practical Authorities 3. Consequences of the Reason-Based Approach to the Concept of Legitimate Authority: A Positive, Instrumentalist and Non-State-Centric Theory of Legitimacy 3.1. A Positive View of Authority 3.1.1. Neither Coercion nor Power, It is Obligation and Normative Power 3.1.2. No conflict of interest between authority and subjects! 3.1.3. Authorities as Problem-Solvers 3.2. The Service Conception as an Instrumental Conception of Legitimacy 4. Three Advantages of the SC over Alternative Theories of Legitimacy: It is a General, Nonessentialist, and Reason-Based Theory of Legitimacy 5. Conclusion

CHAPTER 2: LEGITIMATE AUTHORITY AND GLOBAL CONSTITUTIONALISM 1. Introduction 2. The External Objection with a focus on Global Constitutionalism 2.1. A Brief Overview of Global Constitutionalism as a Normative Project 2.2. What is constitutionalism for global constitutionalists? 3. Direct Relocation: Compensatory Constitutionalism and Its Discontents 3.1. The Argument from New Constitutionalism 4. Indirect Relocation: Cosmopolitan Constitutionalism 4.1. Which Constitutionalism to Relocate? 5. Conclusion

CHAPTER 3: AGAINST REVISIONIST APPROACHES TO THE CONCEPT OF AUTHORITY 1. Introduction 2. The Typical Properties of a Legal System and Distinctive Features of Political Authorities: Claims to Comprehensiveness and Supremacy 3. Roughan’s Conception of Relative Authority and Its Discontents 3.1. Relativity Condition as an Alternative to Supremacy Thesis 3.2. The Circumstances and the Claim to Comprehensive Authority 3.3. The Contribution of Roughan to the Reason-Based Approach 4. The Relational Conception of Authority and its Discontents 4.1. Authority does neither give conclusive reason for action nor pre-empt deliberation! 4.2. The Pre-emption Thesis for Institutionalized Authorities: Systemic not Aggregative! 4.2.1. The Plurality of Laws and Action-Guiding Norms 4.2.2. Is full compliance necessary for the authority of international organizations? 4.2.3. Directed Powers: Domestic Legal Authorities as the Officials of International Authorities 5. Conclusion

PART II: THE SERVICE CONCEPTION: ITS MORAL FOUNDATION, IDENTIFICATION AND SPECIFICATION PROBLEMS CHAPTER 4: THE SERVICE CONCEPTION AS A STANDARD OF LEGITIMACY AND ITS MORAL FOUNDATIONS 1. Introduction 2. A Theory of Legitimate Authority and the Three Relevant Questions 2.1. The Service Conception as a Standard of Legitimacy 2.2. The Service Conception and The Independence Condition 3. The Moral Foundations of the SC 3.1. Substantive and Procedural Conceptions of Autonomy 3.2. The Implications of the Substantive Conception of Autonomy for Political Authorities 3.3. The Service Condition, Autonomy as Achievement, and Perfectionist Liberalism 4. The Implications of Perfectionist Liberalism for International Authorities and the Autonomy of Political Authorities 4.1. The Structural Limitations of International Authorities and Perfectionist Liberalism 4.2. State Consent as Independence Condition at the International Level 4.3. Some Worries About State Consent as Independence Condition 4.4. Limitations to the Sovereign Autonomy 4.5. Regulatory Autonomy Exception to the Legitimacy of International Authorities 5. Conclusion

CHAPTER 5: THE SERVICE CONCEPTION AND IDENTIFICATION PROBLEM 1. Introduction 2. The Three Dimensions of the Identification Question 3. The Object of Legitimacy Judgement Under the Circumstances of Legitimacy 3.1. How do different standards of legitimacy deal with the accessibility problem? 3.2. Does the Service Conception Have an Accessibility Problem? 4. The Process of Legitimacy Judgement: The Service Conception and Accountability 4.1. The Service Conception and Practical Accountability 4.2. Recognitional Authorities and Consent as Accountability 4.3. Dependent and Authoritative Reasons 4.4. Political Authorities and Democracy as Accountability 4.5. Dependent Reasons Under the Circumstances of Politics 5. The Legitimacy of International Authorities 5.1. International Authorities and Consent as Recognition 5.2. The Accountability Deficits of International Authorities 5.3. How to overcome the problem of weak accountability besetting international authorities? 6. In Lieu of Conclusion: The Service Theory of Legitimacy for International Authorities

CHAPTER 6: THE SERVICE CONCEPTION AND SPECIFICATION PROBLEM 1. Introduction 2. Some Attempts to Overcome the Specification Problem for International Authorities 3. A Reason-Based Approach to the Specification of International Authorities 3.1. Perfectionist and Anti-Perfectionist International Authorities: Execution- and Coordination-Oriented Reasons 3.2. The Consequences of the Distinction Between Perfectionist and Anti-Perfectionist Authorities 4. Domestic Political Authorities: Services, Obligations, and Legitimacy 4.1. The Services and Corresponding Obligations: The Multi-Tasked Nature of Political Authorities 4.2. Trustworthy Authority and Trust as a Non-Instrumental Reason for Obeying a Political Authority 4.3. The Circumstances and Consequences of Being Deemed a Trustworthy Authority 5. Conclusion

PART III: THE SERVICE CONCEPTION BEYOND THE NATION-STATE CHAPTER 7: LEGITIMACY OF EUROPEAN CONVENTION ON HUMAN RIGHTS REGIME 1. Introduction 2. The Political Function of Human Rights and International Human Rights Authorities 2.1. The Political Function of Human Rights Under the EHRA 3. Historical Transformation of the EHRA: From an Anti-Perfectionist to Perfectionist Authority 3.1. The First (Formative) Phase: The EHRA as an Anti-Perfectionist Authority and the Limited Political Function of the Convention Rights 3.2. Transition Period: The Court is Developing its Interpretive Principles and Authority 3.3. The Second Phase: The EHRA as A Perfectionist Authority and Expansion of the Political Function of the Convention Rights 3.4. Democratic Society as a Common Good and Perfectionist Principle 4. The Legitimacy of the European Court of Human Rights Regime: A Systemic and Institutional Approach 4.1. The Legitimate Authority of the ECHR Regime over New Democracies 4.2. The EHRA and Established Democracies: Multiplicity of Services and Multiple Grounds of Obligation to Obey 4.3. Accountability, Transparency and the Latent Challenges to the Legitimacy of the ECHR Regime 5. Conclusion

CHAPTER 8: THE (IL)LEGITIMACY OF INTERNATIONAL INTELLECTUAL PROPERTY REGIME 1. Introduction 2. The Moral Foundations of IP Rights 3. The Evolutionary Trajectory of International Protection of IP Rights 3.1. The First Transformation: Institutionalization Under the Trade Regime 3.2. The Second Transformation: An Unhappy Marriage 4. The Legitimacy of the IIPR 4.1. The IIPR as an Anti-Perfectionist Authority and its Institutional Structure 4.2. The Anti-Democratic Foundation of the IIPR and its Legitimacy Deficit 4.3. The Legitimacy of the IIPR Before the Second Transformation 4.4. The Legitimacy of the IIPR After the Second Transformation 4.5. The Negative Impact of International Economic Authorities on the Democracy-Legitimate Authority Cycle 5. Conclusion

CONCLUSION

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