Book contents
- The Law and Politics of International Legitimacy
- The Law and Politics of International Legitimacy
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Introduction
- Part I Setting the Stage
- Part II Political Legitimacy and Theory of Politics
- Part III The Question of Legitimacy at the International Level
- Part IV Construction of Legitimacy in International Law
- 9 Legitimacy and International Membership
- 10 Legitimacy and International Rights Holding
- 11 Key Principles of International Law and Hierarchy of Rights Holding
- 12 International Legitimacy and Rightful Conduct
- 13 International Legitimacy and International Authority
- Part V International Legitimacy and Change
- Part VI Criticism and Reconstruction of the Legitimacy of International Law
- Conclusion
- Afterword
- Bibliography
- Index
10 - Legitimacy and International Rights Holding
from Part IV - Construction of Legitimacy in International Law
Published online by Cambridge University Press: 14 July 2025
Book contents
- The Law and Politics of International Legitimacy
- The Law and Politics of International Legitimacy
- Copyright page
- Dedication
- Contents
- Acknowledgements
- Introduction
- Part I Setting the Stage
- Part II Political Legitimacy and Theory of Politics
- Part III The Question of Legitimacy at the International Level
- Part IV Construction of Legitimacy in International Law
- 9 Legitimacy and International Membership
- 10 Legitimacy and International Rights Holding
- 11 Key Principles of International Law and Hierarchy of Rights Holding
- 12 International Legitimacy and Rightful Conduct
- 13 International Legitimacy and International Authority
- Part V International Legitimacy and Change
- Part VI Criticism and Reconstruction of the Legitimacy of International Law
- Conclusion
- Afterword
- Bibliography
- Index
Summary
The issue of international membership introduces the related issue of international rights holding. International rights holding amounts to being “in”—that is, being recognized as legitimate and, as such, as having rights. But the membership process through which a collective actor gets “in” and comes to enjoy the status of rights holder also has a selective and exclusionary character. There is an interrelated process of denial of rights holding for other collective actors. An illustration of how international membership associated with international rights holding can have this selective and excluding effect is the impact of international law on rights holding in the framework of colonialism—an impact so significant that it continues to have a legacy today. Thus, the selective character of international membership has a cost for international rights holding not simply for the societies at odds with the requirements of statehood but also for their individual members.
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- The Law and Politics of International Legitimacy , pp. 173 - 201Publisher: Cambridge University PressPrint publication year: 2025
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