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-  2018 

ON THE LEGITIMACY OF INTERNATIONAL ORGANISATIONS: DE FACTO AUTHORITY

Keywords: Uluslararas? ?rgütler,Me?ruluk,De facto Otorite,Uluslararas? Hukuk

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Abstract:

This article analyses the legitimacy of international organisations. Adverse impact of the globalisation process on entire world such terrorism, environmental problems, epidemic illnesses, poverty, global warming, civil war etc. has convinced nation-States as regards the necessity of international organisations to deal with such global problems. Beside the nation-States, therefore, international organisations have gradually become a prominent legal actor of both international law and international society. Since the concept of legitimacy has become a pivotal concern in international law, an issue of establishing the legitimate base for international organisations has been respected as a serious requirement before international law. For the sake of analysing and criticising of the legitimacy of international organisations, this article, briefly examines the concept of legitimacy. It then analyses the concept of legitimacy in the field of international law since international organisations have been accepted and recognised as one of prominent legal actors as well as nation-States. The legitimacy question of international organisation which is the central issue of this article is being examined in the third section. It further looks for vital ingredients that should be hold by international organisations to be legitimately accepted under international law. In the fourth section, It brings a contentious sample case which is the legitimacy problem for the United Nations Security Council. Final section concludes this article with an overall assessment. Considering interdependence between legitimacy and authority, the legitimacy question in international organisations may become a central issue if de facto authority is claimed for international organisations. This article finally claims that establishing the legitimate authority for international organisations, in comparison to nation-States, is not peaceful and plain process

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