Breaking Good: Legitimacy, International Law, and R2P

• In Event: Changing Dynamics in International Relations

Abstract

Note: This paper will broadly serve as the theory section of my dissertation project.

I argue that there are instances where breaking international law and norms can lead to an increase in the legitimacy of the international system/order where inaction would lead to a decrease in legitimacy. Put another way, breaking a law or norm to uphold the spirit of the law can have positive impact on how the system is viewed by individuals, thus leading to an increased sense of legitimacy. First, I will offer a definition of legitimacy that considers other social science disciplines and the unique way in which international law functions (I use Hurd’s (2019) conception of international law as a legitimizing tool as a foundation). While most work has focused on how to legitimize unlawful or rule breaking acts, my work looks at how the breaking of the rule itself can be legitimizing. I use Responsibility to Protect (R2P) as an example of how this process works; R2P is clearly a violation of international norms surrounding military action but was necessary both to protect civilians and to protect the legitimacy of the system itself. While it is now on its way to becoming an accepted norm, it required breaking of existing norms; I argue that it is on its way to becoming a norm in part because it represents the spirit of international laws and norms which is where legitimacy lies. This project will add to our understanding of how legitimacy functions in the international legal system.

Author

• Joshua Turner, University at Buffalo