Copyright (c) 2009 All rights reserved. http://works.bepress.com/claire_kelly Recent documents in Claire R. Kelly en-us Sun, 31 May 2009 04:27:40 PDT 3600 http://works.bepress.com/claire_kelly/15 http://works.bepress.com/claire_kelly/15 Mon, 30 Mar 2009 10:05:19 PDT Abstract The process of international lawmaking is, in part, a function of both politics and the attempt to engage in legitimate norms generation. States seek power through process in the international sphere. But States also use process enable representative, transparent, and effective rules. This paper considers how we might begin to deconstruct procedural proposals involving international norm generation by taking a look at a recent controversy over the methods of work at the United Nations Commission on International Trade Law (UNCITRAL). It will consider various paradigms to assess the legitimacy claims of international norms as applied to one particular controversy and consider specifically whether proposals to regulate decision-making as well as the participation of nonmembers serve legitimacy or politics or both. Claire R. Kelly International Law International Trade http://works.bepress.com/claire_kelly/14 http://works.bepress.com/claire_kelly/14 Fri, 13 Feb 2009 13:21:52 PST Claire R. Kelly International Law http://works.bepress.com/claire_kelly/13 http://works.bepress.com/claire_kelly/13 Tue, 19 Feb 2008 09:14:05 PST Abstract Law-making institutions seek legitimacy to secure compliance with the norms that they generate. In the international setting this quest is made more difficult by the lack of both an identifiable public that international organizations represent and competing normative prescriptions for international law-making. In light of these obstacles, various legitimacy theories attempt to evaluate the law-generating efforts of international organizations. These theories consider whether the organizations are representative, inclusive, procedurally fair, or effective. Law-making organizations that satisfy the legitimacy criteria articulated in these theories can claim legitimacy and expect greater compliance as a result.Although these theories are helpful, a powerful new phenomenon forces us to reassess international law-making legitimacy and how we evaluate it. International organizations now form law-making alliances with each other in order to tackle complex problems. These alliances claim, and sometimes are credited with, legitimacy derived from the very relationship between the organizations. Any framework that assesses the legitimacy of these alliances needs to approach "derivative legitimacy" by examining that relationship. A framework must also address the particular concerns raised by these alliances, including marginalization, entrenchment, false legitimacy claims and abuse.This article suggests that derivative legitimacy should be evaluated by examining whether the international law-making alliances employ good procedures. Although process is not a perfect assessment tool, it is best suited to ensure that the relationship between law-making alliances fosters inclusion and effectiveness. Good procedures also ward against the negative consequences these alliances generate. Although the necessary procedures will depend upon the particular organizations involved and their goals, the available procedures include: participatory mechanisms (such as notice and comment procedures), transparency procedures, rules against corruption, and rules requiring explanation. Claire R. Kelly International Law International Trade Organizations Politics Public Law and Legal Theory http://works.bepress.com/claire_kelly/12 http://works.bepress.com/claire_kelly/12 Wed, 07 Nov 2007 13:34:21 PST Claire R. Kelly http://works.bepress.com/claire_kelly/11 http://works.bepress.com/claire_kelly/11 Wed, 07 Nov 2007 13:25:15 PST Claire R. Kelly http://works.bepress.com/claire_kelly/10 http://works.bepress.com/claire_kelly/10 Wed, 07 Nov 2007 13:24:08 PST Claire R. Kelly http://works.bepress.com/claire_kelly/9 http://works.bepress.com/claire_kelly/9 Wed, 07 Nov 2007 13:20:34 PST Claire R. Kelly http://works.bepress.com/claire_kelly/8 http://works.bepress.com/claire_kelly/8 Wed, 07 Nov 2007 13:19:18 PST Claire R. Kelly http://works.bepress.com/claire_kelly/7 http://works.bepress.com/claire_kelly/7 Wed, 07 Nov 2007 13:17:43 PST Claire R. Kelly http://works.bepress.com/claire_kelly/6 http://works.bepress.com/claire_kelly/6 Wed, 07 Nov 2007 13:16:25 PST Claire R. Kelly