Legitimacy in the use of force: Opinio or Juris?

John Hardy

    Research output: Book chapter/Published conference paperConference paper

    13 Downloads (Pure)

    Abstract

    Debates about the recourse to force in international politics often conflate legality and legitimacy. The legitimate use of force is often associated with legality and illegitimacy is generally associated with illegality. But the relationship between the two concepts is not linear and recent examples such as the proposed Syrian intervention and the NATO air campaign in Kosovo show that legitimacy and legality are not necessarily cognates. This paper separates opinion from international law and argues that many commentators have inflated the role of law in determining the legitimacy of actual or proposed uses of armed force. It argues that the principle purpose of international security law is to codify norms of behaviour which states find acceptable in order to facilitate cooperation and collective action. Because laws exist to reduce risks and transaction costs between international actors, they are representations of standards which already exist and are not in themselves the final arbiter of legitimacy. Rather, legitimacy is determined by a more ethereal and dynamic combination of norms which determine what conditions actors collectively feel constitute â''the right thing to do. This explains widespread advocacy for the use of force for humanitarian purposes without legal authorization under certain circumstances.
    Original languageEnglish
    Title of host publicationSixth Oceanic Conference on International Studies
    Place of PublicationAustalia
    PublisherOCIS
    Pages1-17
    Number of pages17
    Publication statusPublished - 2014
    EventSixth Oceanic Conference on International Studies - Melbourne University, Melbourne, Australia
    Duration: 09 Jul 201411 Jul 2014

    Conference

    ConferenceSixth Oceanic Conference on International Studies
    CountryAustralia
    CityMelbourne
    Period09/07/1411/07/14

    Fingerprint

    legitimacy
    legality
    Law
    illegitimacy
    illegality
    international security
    Kosovo
    International Politics
    recourse
    NATO
    authorization
    transaction costs
    collective behavior
    international law
    military
    campaign
    air

    Cite this

    Hardy, J. (2014). Legitimacy in the use of force: Opinio or Juris? In Sixth Oceanic Conference on International Studies (pp. 1-17). Austalia: OCIS.
    Hardy, John. / Legitimacy in the use of force : Opinio or Juris?. Sixth Oceanic Conference on International Studies. Austalia : OCIS, 2014. pp. 1-17
    @inproceedings{bb53ba57fe734be08d7896f9a53d96a2,
    title = "Legitimacy in the use of force: Opinio or Juris?",
    abstract = "Debates about the recourse to force in international politics often conflate legality and legitimacy. The legitimate use of force is often associated with legality and illegitimacy is generally associated with illegality. But the relationship between the two concepts is not linear and recent examples such as the proposed Syrian intervention and the NATO air campaign in Kosovo show that legitimacy and legality are not necessarily cognates. This paper separates opinion from international law and argues that many commentators have inflated the role of law in determining the legitimacy of actual or proposed uses of armed force. It argues that the principle purpose of international security law is to codify norms of behaviour which states find acceptable in order to facilitate cooperation and collective action. Because laws exist to reduce risks and transaction costs between international actors, they are representations of standards which already exist and are not in themselves the final arbiter of legitimacy. Rather, legitimacy is determined by a more ethereal and dynamic combination of norms which determine what conditions actors collectively feel constitute {\~A}¢''the right thing to do. This explains widespread advocacy for the use of force for humanitarian purposes without legal authorization under certain circumstances.",
    author = "John Hardy",
    note = "Imported on 03 May 2017 - DigiTool details were: publisher = Austalia: OCIS, 2014. Event dates (773o) = 09-07-2014-09-07-2014; Parent title (773t) = Oceanic Conference on International Studies.",
    year = "2014",
    language = "English",
    pages = "1--17",
    booktitle = "Sixth Oceanic Conference on International Studies",
    publisher = "OCIS",

    }

    Hardy, J 2014, Legitimacy in the use of force: Opinio or Juris? in Sixth Oceanic Conference on International Studies. OCIS, Austalia, pp. 1-17, Sixth Oceanic Conference on International Studies, Melbourne, Australia, 09/07/14.

    Legitimacy in the use of force : Opinio or Juris? / Hardy, John.

    Sixth Oceanic Conference on International Studies. Austalia : OCIS, 2014. p. 1-17.

    Research output: Book chapter/Published conference paperConference paper

    TY - GEN

    T1 - Legitimacy in the use of force

    T2 - Opinio or Juris?

    AU - Hardy, John

    N1 - Imported on 03 May 2017 - DigiTool details were: publisher = Austalia: OCIS, 2014. Event dates (773o) = 09-07-2014-09-07-2014; Parent title (773t) = Oceanic Conference on International Studies.

    PY - 2014

    Y1 - 2014

    N2 - Debates about the recourse to force in international politics often conflate legality and legitimacy. The legitimate use of force is often associated with legality and illegitimacy is generally associated with illegality. But the relationship between the two concepts is not linear and recent examples such as the proposed Syrian intervention and the NATO air campaign in Kosovo show that legitimacy and legality are not necessarily cognates. This paper separates opinion from international law and argues that many commentators have inflated the role of law in determining the legitimacy of actual or proposed uses of armed force. It argues that the principle purpose of international security law is to codify norms of behaviour which states find acceptable in order to facilitate cooperation and collective action. Because laws exist to reduce risks and transaction costs between international actors, they are representations of standards which already exist and are not in themselves the final arbiter of legitimacy. Rather, legitimacy is determined by a more ethereal and dynamic combination of norms which determine what conditions actors collectively feel constitute â''the right thing to do. This explains widespread advocacy for the use of force for humanitarian purposes without legal authorization under certain circumstances.

    AB - Debates about the recourse to force in international politics often conflate legality and legitimacy. The legitimate use of force is often associated with legality and illegitimacy is generally associated with illegality. But the relationship between the two concepts is not linear and recent examples such as the proposed Syrian intervention and the NATO air campaign in Kosovo show that legitimacy and legality are not necessarily cognates. This paper separates opinion from international law and argues that many commentators have inflated the role of law in determining the legitimacy of actual or proposed uses of armed force. It argues that the principle purpose of international security law is to codify norms of behaviour which states find acceptable in order to facilitate cooperation and collective action. Because laws exist to reduce risks and transaction costs between international actors, they are representations of standards which already exist and are not in themselves the final arbiter of legitimacy. Rather, legitimacy is determined by a more ethereal and dynamic combination of norms which determine what conditions actors collectively feel constitute â''the right thing to do. This explains widespread advocacy for the use of force for humanitarian purposes without legal authorization under certain circumstances.

    M3 - Conference paper

    SP - 1

    EP - 17

    BT - Sixth Oceanic Conference on International Studies

    PB - OCIS

    CY - Austalia

    ER -

    Hardy J. Legitimacy in the use of force: Opinio or Juris? In Sixth Oceanic Conference on International Studies. Austalia: OCIS. 2014. p. 1-17