Legitimate Actors of International Law-Making : Towards a Theory of International Democratic Representation

Samantha Besson (1) , Jose Luis Marti (2)

1 UNIFR - Université de Fribourg = University of Fribourg
2 UPF - Universitat Pompeu Fabra [Barcelona]

This article addresses the identity of the legitimate actors of international law-making from the perspective of democratic theory. It argues that both states or state-based international organisations, and civil society actors should be considered complementary legitimate actors of international law-making. Unlike previous accounts, our proposed model of representation, the Multiple Representation Model, is based on an expanded, democratic understanding of the principle of state participation: it is specifically designed to palliate the democratic deficits of more common versions of the Principle of State Consent. Second, it endorses a qualified version of the Principle of Civil Society Participation, one that is much more restrictive and more critical of the democratic defects of civil society actors than most of its current supporters. Finally, it reveals how the democratic strengths and deficits of both models are best approached as mirroring one another and need to be combined in a complex account of representation.

Mots clés: actors; democratic legitimacy; law- making; International law; representation; lawmaking; state consent; states; civil society

Domaines: Droit

Samantha Besson, Jose Luis Marti. Legitimate Actors of International Law-Making : Towards a Theory of International Democratic Representation. Jurisprudence, 2018, 9 (3), pp.504--540. ⟨10.1080/20403313.2018.1442256⟩. ⟨hal-02516256⟩