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The Legitimacy of International Governance: A Coming Challenge for International Environmental Law?
Abstract
This article is about a problem only just becoming visible: the legitimacy of international environmental law, and more specifically, the perception that the international environmental process is insufficiently democratic. Until now, international lawyers have tended to focus on what environmental standards are needed and how those standards can be made effective. But as decision-making authority gravitates from the national to the international level, the question of legitimacy will likely emerge from the shadows and become a central issue in international environmental law. This article seeks to clarify the nature of the legitimacy challenge and to survey possible sources of legitimacy for international institutions.
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Citations
Cited by
Can non‐state global governance be legitimate? An analytical framework
Bernstein, S., & Cashore, B. (2007) · Regulation & Governance · doi:10.1111/j.1748-5991.2007.00021.x · Cited by 890
Legitimacy in intergovernmental and non-state global governance
Bernstein, S. (2011) · Review of International Political Economy · doi:10.1080/09692290903173087 · Cited by 567
Environment and Statecraft: The Strategy of Environmental Treaty-Making
Barrett, S. (2005) · doi:10.1093/0199286094.001.0001 · Cited by 373
The legitimacy of global governance institutions
Buchanan, A., & Keohane, R. O. (2009) · Legitimacy, Justice and Public International Law · doi:10.1017/cbo9780511691720.002 · Cited by 313
The International Constitutional Order
Wet, E. D. (2006) · International and Comparative Law Quarterly · doi:10.1093/iclq/lei067 · Cited by 294
Metadata
- Authors
- Bodansky, D.
- Venue
- American Journal of International Law
- Publisher
- Cambridge University Press (CUP)
- Published
- 1999-07
- Volume
- 93
- Issue
- 3
- Pages
- 596-624
- ISSN
- 0002-9300 (ISSN-L)
- 2161-7953
- OpenAlex
- W1992054217
- Cited by
- 538
- References
- 0
- FWCI
- 19.41
- Type
- journal article
- Language
- en
- Open access
- closed
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- CoChat. (2026). Citation check: The Legitimacy of International Governance: A Coming Challenge for International Environmental Law? https://app.cochat.ai/papers/10.2307/2555262
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- Bodansky, D. (1999). The Legitimacy of International Governance: A Coming Challenge for International Environmental Law? American Journal of International Law. https://doi.org/10.2307/2555262
Data sources
Bibliographic data: Semantic Scholar, OpenAlex, Crossref.
Contains information from the Semantic Scholar Academic Graph Datasets, made available under the ODC Attribution License (ODC-BY 1.0).
Semantic Scholar’s data is described in: Kinney, R., et al. (2023). The Semantic Scholar Open Data Platform. arXiv:2301.10140.